Western Australian Meat Industry Authority Regulations 1985

 

Western Australian Meat Industry Authority Regulations 1985

CONTENTS

Part I — Preliminary

1.Citation1

2.Commencement1

3.Interpretation1

Part II — Inspectors

4.Inspectors3

Part III — Branding of carcases

5.Recording of information4

6.Branding devices4

7.Application of brand5

8.Appearance of brand5

9.Interference with brand5

10.Inspection of imported carcases5

11.Lamb — prescribed characteristics and brand6

12.Lamb slaughtered for export8

13.Hogget — prescribed characteristics and brand9

14. “Tender Gold” beef — prescribed characteristics and brand11

14A.“Lot Fed” beef — prescribed characteristics and brand14

Part IV — Standard carcases

15.Sale of standard carcases18

16.Weighing of carcases18

17.Standard carcase18

Part V — Abattoirs

18.References to forms19

19.Form of applications for approvals19

20.Form of approvals19

21.Matter prescribed under section 19(b)(vi) of the Act19

23.Notification of changes20

24.Monthly returns20

Part VI — Midland Saleyard

25.Stock agents21

26.Delivery of stock to Midland Saleyard21

27.Care of stock in Midland Saleyard21

28.Dead or disabled stock22

29.Stock yarded for sale22

30.No private sales before auction23

30A.Abandoned stock23

31.Purchaser’s order23

32.Vehicle washing facilities24

Part VII — Fees and returns

33.Abattoir fees25

34.Midland Saleyard fees25

35.Returns for yarded stock26

Schedule 127

Part A27

Part B28

Part C29

Schedule 230

Part A30

Part B31

Schedule 332

Part A32

Part B33

Part C34

Part D35

Schedule 436

Schedule 539

Schedule 646

Part 2 — Midland Saleyard : sale fees46

Part 3 — Midland Saleyard : transhipment fees46

Part 4 — Interpretation47

Notes

Compilation table49

 

Western Australian Meat Industry Authority Act 1976

Western Australian Meat Industry Authority Regulations 1985

Part I  Preliminary

1.Citation

These regulations may be cited as the Western Australian Meat Industry Authority Regulations 1985 1.

2.Commencement

These regulations shall come into operation on the day on which the Acts Amendment (Western Australian Meat Industry Authority) Act 1984 is proclaimed to come into operation 1.

3.Interpretation

(1)In these regulations, unless the contrary intention appears — 

approved means approved by the Authority;

Aus‑Meat means the Authority for Uniform Specification of Meat and Livestock appointed under section 16 of the Australian Meat and Live‑stock Corporation Act 1977 of the Commonwealth;

intended for small goods manufacture means identified for use in smallgoods manufacture by an approved ticket;

lamb means a sheep that has not cut a permanent incisor tooth;

meat inspection service means a service established for the purpose of the inspection of meat and approved by the Authority for the purposes of these regulations;

stock agent means a person who has approval under regulation 25 to act as a stock agent and in relation to particular stock means the stock agent to whom that stock has been consigned.

(2)In these regulations a reference to stock which is yarded for transhipment is a reference to stock which is yarded at the Midland Saleyard for the purpose of being transported from the Saleyard to another place without being offered for sale at the Midland Saleyard.

[Regulation 3 amended in Gazette 23 August 1985 p.3038; 27 May 1988 p.1793; 2 February 1996 p.389; 2 September 1997 p.4962.]

Part II  Inspectors

4.Inspectors

(1)Inspectors may be appointed for general purposes, for particular duties, or in relation to one or more specified kinds of animals.

(2)The duties of an inspector may include — 

(a)monitoring, supervising, organizing or carrying out the mouthing, classification and branding of carcases of prescribed and declared animals;

(b)supervising the application of approved treatments to prevent cold shortening to the carcases of prescribed and declared animals;

(c)monitoring the sale of carcases of prescribed and declared animals; and

(d)such other duties as are specified by the Authority.

[Regulation 4 amended in Gazette 12 July 1991 p.3411 (disallowed in Gazette 25 October 1991 p.5499.)]

Part III  Branding of carcases

5.Recording of information

(1)An owner shall ensure that information on — 

(a)the kind of animal;

(b)the dentition and fatness of the animal;

(c)any treatment to prevent cold shortening that has been applied to the carcase; and

(d)such other branding characteristics as the Authority may specify in writing,

is recorded on the carcase of a declared or prescribed animal in a manner specified in writing by the Authority, and under the supervision of an inspector, prior to the branding of the carcase.

(2)A person shall not remove, alter, deface or otherwise interfere with the information recorded under subregulation (1) before the carcase is processed into cuts.

Penalty: $500.

(3)An owner shall ensure that the vendor of any declared or prescribed animal purchased on the basis of carcase measurement is supplied with a feedback sheet providing such particulars as are specified by the Authority.

[Regulation 5 amended in Gazette 17 June 1994 p.2504.]

6.Branding devices

(1)An owner shall ensure that every branding device in his possession, care or custody is — 

(a)kept securely in a manner directed in writing by the Authority or kept in the custody of an inspector when not in use; and

(b)maintained as required by the Authority.

(2)Where the Authority by notice in writing under section 24F revokes permission for an owner to use a branding device owned by the Authority, that owner shall ensure that the branding device is returned to the Authority within such time as is specified in the notice.

Penalty: $500.

7.Application of brand

A person shall not brand the carcase of a declared or prescribed animal unless he is an inspector or is under the supervision of an inspector.

Penalty: $500.

8.Appearance of brand

(1)If an inspector is not satisfied with the appearance of a brand on the carcase of a declared or prescribed animal he may direct the owner — 

(a)to cause that brand to be removed; and

(b)if the carcase is of a prescribed animal, to ensure that it is branded again.

(2)An owner who fails to comply with a direction referred to in subregulation (1) within such time as is specified by the inspector commits an offence.

Penalty: $500.

9.Interference with brand

Unless directed by an inspector, a person shall not remove, alter, deface or otherwise interfere with a brand placed on the carcase of a prescribed or declared animal in accordance with these regulations before that carcase is sold for human consumption.

Penalty: $500.

10.Inspection of imported carcases

A person who brings or causes to be brought into the State a carcase of a prescribed or declared animal slaughtered outside the State and brought into the State for the purpose of sale for human consumption in the State shall, as soon as is reasonably practicable after entering the State, present the carcase for inspection for the purposes of the Act at a place nominated by the Executive Director, Public Health and Scientific Support Services.

Penalty: $500.

11.Lamb — prescribed characteristics and brand

(1)The prescribed characteristics of lamb are that it is a sheep that has not cut a permanent incisor tooth.

(2)Except as provided in subregulations (5) and (7), every carcase of lamb slaughtered for human consumption in the State may —

(a)in the case of a carcase of lamb slaughtered at an abattoir that is not accredited by Aus‑Meat, only be branded with the design illustrated in Part A of Schedule 1; and

(b)in the case of a carcase of lamb slaughtered at an abattoir that is accredited by Aus‑Meat, only be branded with a design specified by the Authority.

(2a)Before branding any carcase as lamb under subregulation (2) the owner shall ensure that — 

(a)the fatness of the carcase has been determined by or under the supervision of an inspector in accordance with the following tissue depths at a site over the 12th rib and 11 cm from the backbone — 

Fat class

Tissue depth (mm)

1

up to 5

2

over 5 and up to 10

3

over 10 and up to 15

4

over 15 and up to 20

5

over 20.

Penalty: $2 000.

(3)A brand referred to in subregulation (2) shall be applied in the manner illustrated in Part C of Schedule 1 or in a manner specified in writing by the Authority using a red ink of a kind approved for the purpose by the Authority.

(4)An owner shall cause all sheep carcases to be mouthed by or under the supervision of an inspector, before the head of the carcase is removed and as soon as possible after slaughter, to determine whether or not the carcases are required to be branded under subregulation (2).

Penalty: $500.

(5)Subject to subregulation (7), a carcase of sheep presented for inspection under regulation 10 and accompanied by a certificate from a meat inspection service in the State in which the animal was slaughtered certifying — 

(a)that the carcase is of a sheep that has not cut a permanent incisor tooth; and

(b)that the carcase was branded by or under the supervision of a meat inspection service inspector of that State,

may only be branded as lamb with the design approved by that meat inspection service.

(6)A brand referred to in subregulation (5) shall be applied — 

(a)in the manner illustrated in Part C of Schedule 1; or

(b)where the brand is applied as a stamp — 

(i)at least once to the carcase where the entire carcase is imported; or

(ii)to each individual cut where the carcase has been processed into cuts,

using an approved red ink.

(7)Where a carcase branded in the manner referred to in subregulation (6)(b) is not frozen when it is presented for inspection under regulation 10 the carcase shall be further branded by or under the supervision of an inspector at the place of inspection with the design illustrated in Part B of Schedule 1 in the manner illustrated in Part C of Schedule 1 using an approved red ink.

(8)A carcase of sheep presented for inspection under regulation 10 shall not be branded as lamb unless it is accompanied by a certificate referred to in subregulation (5).

[Regulation 11 amended in Gazette 27 May 1988 p.1793; 17 June 1994 pp.2504‑5; 17 October 2003 p. 4435.]

12.Lamb slaughtered for export

(1)Where a carcase of lamb is slaughtered in the State for export and is subsequently redirected for sale for human consumption in the State — 

(a)the owner shall, if the carcase is sold for small goods manufacture, cause it to be identified with an approved ticket attached to the carcase;

(b)it shall be branded — 

(i)if the carcase is not frozen and is not intended for small goods manufacture, with the design illustrated in Part A of Schedule 1; or

(ii)if the carcase is frozen or is intended for small goods manufacture, with the Australia Inspected Lamb stamp, issued to the export establishment in accordance with the Export Meat Orders made under the Export Control (Orders) Regulations of the Export Control Act 1982 of the Commonwealth.

(2)The brand referred to — 

(a)in subregulation (1)(b)(i) shall be applied in the manner illustrated in Part C of Schedule 1;

(b)in subregulation (1)(b)(ii), shall be applied in the manner specified in regulation 11(6)(b),

using an approved red ink.

[Regulation 12 inserted in Gazette 23 August 1985 p.3038.]

13.Hogget — prescribed characteristics and brand

(1)The prescribed characteristics of hogget are that it is a ewe or a wether not showing secondary sex characteristics that — 

(a)has cut one but not more than 2 permanent incisor teeth; and

(b)is of fat class 2, 3 or 4 determined in accordance with subregulation (3)(b).

(2)Except as provided in subregulation (4), a carcase of sheep slaughtered for human consumption in the State which has the characteristics prescribed in subregulation (1) may — 

(a)in the case of a carcase of sheep slaughtered at an abattoir that is not accredited by Aus‑Meat, only be branded as hogget with the brand illustrated in Part A of Schedule 2; and

(b)in the case of a carcase of sheep slaughtered at an abattoir that is accredited by Aus‑Meat, only be branded as hogget with a design specified by the Authority.

(3)Before branding any carcase as hogget under subregulation (2) the owner shall ensure that — 

(a)the carcase has been mouthed by or under the supervision of an inspector;

(b)the fatness of the carcase has been determined by or under the supervision of an inspector in accordance with the following tissue depths at a site over the 12th rib and 11 cm from the backbone — 

Fat class

Tissue depth (mm)

1

up to 5

2

over 5 and up to 10

3

over 10 and up to 15

4

over 15 and up to 20

5

over 20.

Penalty: $500.

(4)A carcase of sheep presented for inspection under regulation 10 and accompanied by a certificate from the meat inspection service of the State in which the animal was slaughtered stating that the carcase has the characteristics of hogget prescribed in subregulation (1) as determined by or under the supervision of a meat inspection service inspector of that State and was loaded under the supervision of a meat inspection service inspector of that State has the prescribed characteristics of hogget and may be branded in accordance with subregulation (5).

(5)A carcase eligible to be branded under subregulation (4) may be branded as hogget — 

(a)with the design approved by the meat inspection service of the State in which the animal was slaughtered; or

(b)if the carcase is not branded in accordance with paragraph (a), with the design illustrated in Part B of Schedule 2.

(6)A carcase eligible to be branded under subregulation (4) shall not be branded as hogget by any brand other than one of those referred to in subregulation (5).

(7)Where a carcase referred to in subregulation (4) and accompanied by a certificate referred to in that subregulation is unbranded at the time it is presented for inspection it may only be branded by or under the supervision of an inspector at the place of inspection.

(8)A brand referred to in subregulation (2) or (5) shall be applied in the manner illustrated in Part C of Schedule 1 using an approved gold ink.

[Regulation 13 amended in Gazette 23 Aug 1985 p. 3038; 27 May 1988 p. 1793; 23 Aug 2005 p. 3907.]

14. “Tender Gold” beef — prescribed characteristics and brand

(1)A carcase of beef has the prescribed characteristics of “Tender Gold” beef if — 

(a)the carcase is of a bovine that — 

(i)is derived from either a female or a castrate or entire male that does not exhibit secondary sexual characteristics;

(ii)has cut no more than 2 permanent incisor teeth;

(iii)has a minimum of 4 mm of fat at the P8 (rump) site determined in accordance with subregulation (3)(b); and

(iv)has an adequate cover of fat so as to prevent darkening of the underlying muscle tissue;

(b)the carcase has been treated to prevent cold shortening in accordance with subregulation (3)(c);

(c)the colour of the meat is approved by an inspector and the colour of the fat is creamy or white as approved by an inspector; and

(d)the carcase has a muscle score of A, B or C determined by or under the supervision of an inspector in accordance with the Aus‑Meat standard muscle score chart.

(2)Except as provided in subregulation (4), a carcase of beef slaughtered for human consumption in the State which has the characteristics prescribed in subregulation (1) may — 

(a)in the case of a carcase of beef slaughtered at an abattoir that is not accredited by Aus‑Meat, only be branded as “Tender Gold” beef with the design illustrated in Part A of Schedule 3; and

(b)in the case of a carcase of beef slaughtered at an abattoir that is accredited by Aus‑Meat, only be branded with a design specified by the Authority.

(3)Before branding any carcase of beef under subregulation (2) an owner shall ensure that — 

(a)the carcase has been mouthed by or under the supervision of an inspector;

(b)the fatness of the carcase has been determined by or under the supervision of an inspector by measuring the subcutaneous fat depth at the point of intersection of a line from the dorsal tuberosity of the tuber ischii parallel with the chine and a line at right angles to the sawn chine on the crest of the spinous process of the third sacral vertebra;

(c)the carcase has been treated to prevent cold shortening, in a manner specified by the Authority, by or under the supervision of an inspector;

(d)the colour of the meat is approved by an inspector and the colour of the fat is creamy or white as approved by an inspector;

(e)the carcase has a muscle score of A, B or C determined by or under the supervision of an inspector in accordance with the Aus‑Meat standard muscle score chart; and

(f)the sex of the animal has been determined by or under the supervision of an inspector and in the case of castrate or entire males the carcase does not exhibit secondary sexual characteristics.

Penalty: $500.

(4)A carcase of beef presented for inspection under regulation 10 and accompanied by a certificate from the meat inspection service of the State in which the animal was slaughtered stating that — 

(a)the carcase has the characteristics of “Tender Gold” beef prescribed in subregulation (1)(a) as determined by or under the supervision of a meat inspection service inspector of that State;

(b)the carcase has been treated to prevent cold shortening in a manner approved by the Authority, by or under the supervision of a meat inspection service inspector of that State;

(c)the colour of the meat is approved by a meat inspection service inspector of that State and the colour of the fat is creamy or white as approved by a meat inspection service inspector of that State;

(d)the carcase has a muscle score of A, B or C as determined by or under the supervision of a meat inspection service inspector of that State in accordance with the Aus‑Meat standard muscle score chart; and

(e)the carcase was loaded under the supervision of a meat inspection service inspector of that State,

has the prescribed characteristics of “Tender Gold” beef and may be branded as “Tender Gold” beef in accordance with subregulation (5).

(5)A carcase eligible to be branded under subregulation (4) may be branded as “Tender Gold” beef — 

(a)with the design approved by the meat inspection service of the State in which the carcase was slaughtered; or

(b)if the carcase is not branded in accordance with paragraph (a), with the design illustrated in Part B of Schedule 3.

(6)A carcase eligible to be branded under subregulation (4) shall not be branded as “Tender Gold” beef by any brand other than one of those referred to in subregulation (5).

(7)Where a carcase referred to in subregulation (4) and accompanied by a certificate referred to in that subregulation is unbranded at the time it is presented for inspection it may only be branded by or under the supervision of an inspector at the place of inspection.

(8)A brand referred to in subregulation (2) or (5) shall be applied in the manner illustrated in Part C of Schedule 3 using an approved orange ink.

[Regulation 14 (Erratum in Gazette 14 June 1985 p.2172); amended in Gazette 27 May 1988 pp.1793‑4; 2 February 1996 p.390.]

14A.“Lot Fed” beef — prescribed characteristics and brand

(1)A carcase of beef has the prescribed characteristics of “Lot Fed” beef if — 

(a)the carcase is of a bovine that — 

(i)is derived from either a female or a castrate or entire male that does not exhibit secondary sexual characteristics;

(ii)has cut no more than 2 permanent incisor teeth;

(iii)has a minimum of 4 mm of fat at the P8 (rump) site determined in accordance with subregulation (3)(b); and

(iv)has an adequate cover of fat so as to prevent darkening of the underlying muscle tissue;

(b)the animal from which the carcase was derived was identified in a manner approved by the Authority signifying that it had been completely hand or mechanically fed an approved ration for a period of not less than 70 days;

(c)the colour of the meat is approved by an inspector and the colour of the fat is creamy‑white or white as approved by an inspector;

(d)the animal from which the carcase was derived was slaughtered within 5 days of leaving the feedlot;

(e)the carcase has been treated to prevent cold shortening in accordance with subregulation (3)(i); and

(f)the carcase has a muscle score of A, B or C determined by or under the supervision of an inspector in accordance with the Aus‑Meat standard muscle chart.

(2)Except as provided in subregulation (4), a carcase of beef slaughtered for human consumption in the State which has the characteristics prescribed in subregulation (1) may — 

(a)in the case of a carcase of beef slaughtered at an abattoir that is not accredited by Aus‑Meat, only be branded as “Lot Fed” beef with the design illustrated in Part D of Schedule 3; and

(b)in the case of a carcase of beef slaughtered at an abattoir that is accredited by Aus‑Meat, only be branded with a design specified by the Authority.

(3)Before branding any carcase of beef under subregulation (2) an owner shall ensure that — 

(a)the carcase has been mouthed by or under the supervision of an inspector;

(b)the fatness of the carcase has been determined by or under the supervision of an inspector by measuring the subcutaneous fat depth at the point of intersection of a line from the dorsal tuberosity of the tuber ischii parallel with the chine and a line at right angles to the sawn chine on the crest of the spinous process of the third sacral vertebra;

(c)the sex of the carcase has been determined by or under the supervision of an inspector and in the case of castrate or entire males the carcase does not exhibit secondary sexual characteristics;

(d)the animal from which the carcase was derived was identified as prescribed in subregulation (1)(b);

(e)the identification referred to in subregulation (1)(b) is available to an inspector;

(f)the carcase is identified by or under the supervision of an inspector, in an approved manner, as having the characteristics prescribed in subregulation (1)(b);

(g)the colour of the meat is approved by an inspector and the colour of the fat is creamy‑white or white as approved by an inspector;

(h)the carcase has a muscle score of A, B or C determined by or under the supervision of an inspector in accordance with the Aus‑Meat standard muscle score chart; and

(i)the carcase has been treated to prevent cold shortening, in a manner specified by the Authority, by or under the supervision of an inspector.

(4)A carcase of beef presented for inspection under regulation 10 and accompanied by a certificate from the meat inspection service of the State in which the animal was slaughtered stating that — 

(a)the carcase has the characteristics of “Lot Fed” beef prescribed in subregulation (1)(a) as determined by or under the supervision of a meat inspection service inspector of that State;

(b)the animal from which the carcase has derived was identified in a manner approved by the Authority signifying that it had been completely hand or mechanically fed an approved ration for a period of not less than 70 days;

(c)the colour of the meat is approved by a meat inspection service inspector of that State and the colour of the fat is creamy‑white or white as approved by a meat inspection service inspector of that State;

(d)the carcase has a muscle score of A, B or C as determined by or under the supervision of a meat inspection service inspector of that State in accordance with the Aus‑Meat standard muscle score chart;

(e)the carcase has been treated to prevent cold shortening in a manner approved by the Authority, by or under the supervision of a meat inspection service inspector of that State; and

(f)the carcase was loaded under the supervision of a meat inspection service inspector of that State,

has the prescribed characteristics of “Lot Fed” beef and may be branded as “Lot Fed” beef in accordance with subregulation (5).

(5)A carcase eligible to be branded under subregulation (4) may be branded as “Lot Fed” beef — 

(a)with the design approved by the meat inspection service of the State in which the carcase was slaughtered; or

(b)if the carcase is not branded in accordance with paragraph (a), with the design illustrated in Part B of Schedule 3.

(6)A carcase eligible to be branded under subregulation (4) shall not be branded as “Lot Fed” beef by any brand other than one of those referred to in subregulation (5).

(7)Where a carcase referred to in subregulation (4) and accompanied by a certificate referred to in that subregulation is unbranded at the time it is presented for inspection it may only be branded by or under the supervision of an inspector at the place of inspection.

(8)A brand referred to in subregulation (2) or (5) shall be applied in the manner illustrated in Part C of Schedule 3 using an approved purple ink.

[Regulation 14A inserted in Gazette 23 May 1986 pp.1740‑41; amended in Gazette 27 May 1988 pp.1794‑5; 2 February 1996 p.390.]

Part IV  Standard carcases

15.Sale of standard carcases

Unless otherwise agreed between the purchaser and vendor, a person who purchases pigs, cattle, sheep or goats on the basis of carcase weight shall dress each carcase as a standard carcase.

Penalty: $500.

[Regulation 15 amended in Gazette 27 May 1988 p.1795.]

16.Weighing of carcases

(1)A person who purchases pigs, cattle, sheep or goats on the basis of carcase weight shall ensure that each carcase is weighed hot, not later than 2 hours after the slaughter of the animal and that all price quotation relating to the purchase of that carcase are on the basis of that hot weight.

(2)A person shall not, before a standard carcase is weighed, remove or authorize the removal of any part of the carcase except such parts as must be removed in order to produce a standard carcase.

Penalty: $500.

[Regulation 16 amended in Gazette 2 September 1988 p.3470.]

17.Standard carcase

For the purposes of this Part a standard carcase means a standard carcase described in Schedule 4.

Part V  Abattoirs

[Heading inserted in Gazette 26 October 1990 p.5361.]

18.References to forms

A reference in this Part to a form by number is a reference to the form of that number as set out in Schedule 5.

[Regulation 18 inserted in Gazette 26 October 1990 p.5361.]

19.Form of applications for approvals

An application — 

(a)for approval to operate an abattoir, is to be in the form of Form 1;

(b)for approval to construct an abattoir, is to be in the form of Form 3;

(c)for approval to carry out structural alterations or additions to an abattoir, is to be in the form of Form 5.

[Regulation 19 inserted in Gazette 26 October 1990 p.5362.]

20.Form of approvals

An approval — 

(a)to operate an abattoir, is to be in the form of Form 2;

(b)to construct an abattoir, is to be in the form of Form 4;

(c)to carry out structural alterations or additions to an abattoir, is to be in the form of Form 6.

[Regulation 20 inserted in Gazette 26 October 1990 p.5362.]

21.Matter prescribed under section 19(b)(vi) of the Act

A matter that the Authority may have regard to in determining whether to refuse an application under section 17 of the Act is whether, in the case of an abattoir or proposed abattoir to which the Country Slaughterhouse Regulations 1969 apply, the abattoir or proposed abattoir complies with the provisions of those regulations.

[Regulation 21 inserted in Gazette 26 October 1990 p.5362.]

[22.Repealed in Gazette 30 Dec 2004 p. 6902.]

23.Notification of changes

The owner of an abattoir shall notify the Authority in writing of — 

(a)a change in the ownership of the abattoir or in the registered business name, postal address, telephone number or facsimile number of the owner of the abattoir; or

(b)the cessation of operation of the abattoir.

[Regulation 23 inserted in Gazette 26 October 1990 p.5362.]

24.Monthly returns

The owner of an abattoir shall, within 7 days after each month, cause to be sent to the Authority a return, in the form of Form 7, of the particulars of all species of animals slaughtered at the abattoir during that month.

[Regulation 24 inserted in Gazette 26 October 1990 p.5362.]

Part VI  Midland Saleyard

[Heading inserted in Gazette 2 February 1996 p.390.]

25.Stock agents

(1)A person shall not sell any stock at Midland Saleyard without the prior written approval of the Authority.

(2)On application being made to it in writing the Authority may grant to the applicant approval to act as a stock agent subject to such conditions and restrictions as the Authority sees fit to impose.

(3)If approval is granted under subregulation (2) to a firm or company, the approval extends to any member or employee of the firm or company who holds an auctioneer’s licence under the Auction Sales Act 1973.

[Regulation 25 inserted in Gazette 2 February 1996 p.390.]

26.Delivery of stock to Midland Saleyard

(1)A person delivering stock to Midland Saleyard shall place the stock in the pens or yards indicated by the Authority.

(2)A person delivering stock to Midland Saleyard and the stock agent (or if there is no stock agent, the owner) shall comply with any directions of the Authority in relation to the delivery, yarding and removal of the stock.

[Regulation 26 inserted in Gazette 2 February 1996 p.390.]

27.Care of stock in Midland Saleyard

Where stock is yarded in Midland Saleyard the stock agent (or if there is no stock agent, the owner) shall — 

(a)ensure that the stock is properly cared for;

(b)if the stock is kept yarded for more than 24 hours, provide the stock with food; and

(c)comply with any directions given by the Authority in relation to the care, feeding and watering of the stock.

[Regulation 27 inserted in Gazette 2 February 1996 p.390; amended in Gazette 2 September 1997 pp.4962‑3.]

28.Dead or disabled stock

(1)If any stock is delivered to Midland Saleyard dead, crippled or disabled, or dies or becomes crippled or disabled while yarded, the stock agent (or if there is no stock agent, the owner) shall remove the stock from the saleyard within 24 hours.

(2)If any such stock is not removed within 24 hours the Authority may dispose of it and recover the cost of that disposal from the stock agent (or if there is no stock agent, the owner).

(3)A stock agent shall not offer crippled or disabled stock for sale by auction at Midland Saleyard.

[Regulation 28 inserted in Gazette 2 February 1996 p.390.]

29.Stock yarded for sale

(1)Stock yarded in Midland Saleyard for sale may remain yarded until 12 noon on the day after it is offered for sale.

(2)If stock remains yarded after that time — 

(a)the Authority may move the stock to another part of the saleyard or any other place owned by the Authority and recover the cost of moving the stock from the owner; and

(b)the stock is to be treated, for the purposes of regulations 34 and 35, as if it had been yarded for transhipment.

[Regulation 29 inserted in Gazette 2 February 1996 p.391; amended in Gazette 2 September 1997 p.4963.]

30.No private sales before auction

Subject to regulation 28(3), a stock agent shall not sell stock at Midland Saleyard by private sale without first submitting the stock for auction.

[Regulation 30 inserted in Gazette 2 February 1996 p.391.]

30A.Abandoned stock

(1)If stock remains uncollected from the Midland Saleyard for more than 2 weeks — 

(a)if it was yarded for sale, after it was offered for sale; or

(b)if it was yarded for transhipment, after it was delivered to the Saleyard,

and the Authority, after making reasonable efforts, is unable to identify the owner of the stock, the Authority may arrange for the sale of the stock by auction and retain the proceeds of that sale.

(2)If, within 3 months of the sale of the stock under subregulation (1), a person satisfies the Authority that he or she was the owner of the stock immediately prior to the sale, the Authority is to pay to that person an amount equal to the proceeds of the sale less — 

(a)the cost of caring for the stock prior to sale;

(b)the cost of selling the stock; and

(c)any fees payable under regulation 29(2)(b).

[Regulation 30A inserted in Gazette 2 September 1997 p.4963.]

31.Purchaser’s order

As soon as practicable after selling any stock at Midland Saleyard, a stock agent shall give the purchaser a written order, signed by or on behalf of the stock agent, authorizing the purchaser to take possession of the stock.

[Regulation 31 inserted in Gazette 2 February 1996 p.391.]

32.Vehicle washing facilities

(1)The Authority shall provide, at or near Midland Saleyard, facilities for washing vehicles which are used for transporting stock to or from the saleyard.

(2)Those facilities may be used with the permission of the Authority on payment of a fee determined by the Authority.

[Regulation 32 inserted in Gazette 2 February 1996 p.391.]

Part VII  Fees and returns

[Heading inserted in Gazette 2 February 1996 p.391]

33.Abattoir fees

(1)The fees set out in Part 1 of Schedule 6 are payable in relation to abattoirs.

(2)A fee payable under subregulation (1) in relation to an application or notification shall be paid to the Authority by the person lodging the application or notification at the time the application or notification is lodged.

(3)An annual fee payable under subregulation (1) in relation to an approval — 

(a)is payable in advance in relation to the second and each subsequent 12 month period during which the approval remains in force; and

(b)shall be paid to the Authority by the person holding the approval within 28 days of the commencement of the period to which it relates.

(4)For the purpose of section 19(b)(vi) of the Act, the Authority may refuse to grant approval under section 17 of the Act if any fee payable under this regulation is not paid by the due date.

[Regulation 33 inserted in Gazette 2 February 1996 p.391.]

34.Midland Saleyard fees

(1)The fees set out in Part 2 of Schedule 6 are to be paid for stock yarded in Midland Saleyard for sale.

(2)The fees set out in Part 3 of Schedule 6 are to be paid for each 24 hours (or part thereof) for which stock is yarded in Midland Saleyard for transhipment unless the sum of those fees for a period of 24 hours (or part thereof) is less than $5.00, in which case the fee to be paid for yarding stock in Midland Saleyard for transhipment for that period is $5.00.

(3)A fee payable under subregulation (1) or (2) shall be paid to the Authority by the stock agent on behalf of the owner within 28 days of the stock being yarded.

(4)If stock which is not sold when first submitted for sale is resubmitted for sale on the same day and by the same stock agent, no fee is payable under subregulation (1) in respect of the second and each subsequent time the stock is so offered for sale.

[Regulation 34 inserted in Gazette 4 April 2003 p. 1024.]

35.Returns for yarded stock

(1)Within 7 days of any stock being yarded in Midland Saleyard the stock agent (or if there is no stock agent, the owner) shall lodge with the Authority a written statement setting out the numbers and type of stock yarded for sale or for transhipment.

(2)The Authority may inspect the books and records of a stock agent in order to verify a return lodged under subregulation (1).

[Regulation 35 inserted in Gazette 2 February 1996 p.392.]

 

Schedule 1

[regulation 11]

Part A

Lamb

* Numeral authorized by Authority.

Part B

Lamb2

Part C

Schedule 2

[regulation 13]

Part A

Hogget

* Numeral authorized by Authority

Part B

Hogget2

Schedule 3

[regulation 14]

Part A

Hogget3

Part B

Beef

Part C

Beef2

Part D

Beef3

* Numeral authorized by Authority

[Schedule 3 amended in Gazette 23 May 1986 p.1741; 27 May 1988 p.1795.]

Schedule 4

[regulation 17]

Standard carcases

1.Pigs

A standard carcase of pig is the whole body of a slaughtered porcine animal, passed as suitable for human consumption by a meat inspector under the Health Act 1911, after bleeding, removal of head, hair, scurf, trotters and evisceration of all internal digestive, circulatory, respiratory, excretory and reproductive organs, kidneys, flare fat and minimum trimming required by the inspector to only that degree which is needed to enable the carcase to be passed for human consumption. The head shall be removed between the occipital bone (skull) and the first cervical vertebra.

2.Cattle

A standard beef or veal carcase is the body of a slaughtered bovine animal after — 

(a)bleeding;

(b)skinning;

(c)evisceration of all the internal digestive, respiratory, excretory, reproductive and circulatory organs; and

(d)minimum trimming required by the meat inspection service to only that degree which is needed to enable the carcase to be passed as fit for human consumption,

and the removal of — 

(e)the head between the occipital bone (skull) and the first cervical vertebra;

(f)the feet between the carpus and metacarpus (knee joint) and the tarsus and metatarsus (hock joint);

(g)the tail at the junction between the sacral and coccygeal vertebrae;

(h)the thick and thin skirts by separating the connective tissues as close as possible from the abdominal and thoracic walls except for unsplit veal carcases where the thin skirts may be retained;

(i)the kidneys and kidney fat and fat from within the pelvic channel except for unsplit veal carcases where the pelvic channel fat may be retained;

(j)the udder, testes, penis and external fat on the ventral abdomen including precrural (flank) fat;

(k)all fat on the channel rim (anal fold) from the tuber ischii to the sacrococcygeal junction not deeper than to expose the sacro‑sciatic ligament;

(l)excess fat on the topside rim to within 1 cm but no closer than 1 cm of the underlying muscle;

(m)xiphoid cartilage and intra‑thoracic fat; and

(n)excess subcutaneous brisket fat to within 1 cm but no closer than 1 cm of the underlying muscle at the midline, by a knife cut at 90 degrees to the midline sawn surface.

3.Sheep

A sheepmeat carcase is the body of a slaughtered ovine animal after — 

(a)bleeding;

(b)skinning;

(c)evisceration of all the internal digestive, respiratory, circulatory, excretory and reproductive organs; and

(d)mimimum trimming required by the meat inspection service to only that degree which is needed to enable the carcase to be passed as fit for human consumption,

and the removal of — 

(e)the head between the occipital bone (skull) and the first cervical vertebra;

(f)the feet between the carpus and metacarpus (knee joint) and the tarsus and metatarsus (hock joint);

(g)the tail, so that it is no longer than 5 coccygeal vertebrae;

(h)the thick skirt by separating the connective tissues as close as possible from the bodies of the lumbar vertebrae;

(i)the kidneys, kidney knob and the pelvic channel fat; and

(j)the udder or the testes and penis and the udder or cod fat.

4.Goats

Other than skin‑on goat carcases, a goat carcase is the body of a slaughtered caprine animal after — 

(a)bleeding;

(b)skinning;

(c)evisceration of all the internal digestive, respiratory, circulatory, excretory and reproductive organs; and

(d)minimum trimming required by the meat inspection service to only that degree which is needed to enable the carcase to be passed as fit for human consumption,

and the removal of — 

(e)the head between the occipital bone (skull) and the first cervical vertebra;

(f)the feet between the carpus and metacarpus (knee joint) and the tartus and metatarsus (hock joint);

(g)the tail, so that it is no longer than 5 coccygeal vertebrae;

(h)the thick skirt by separating the connective tissues as close as possible from the bodies of the lumbar vertebrae;

(i)the kidneys, kidney knob and the pelvic channel fat; and

(j)the udder or the testes and penis and the udder or cod fat.

[Schedule 4 amended in Gazette 27 May 1988 p.1796.]

Schedule 5

Forms

Form 1

[regulation 19]

Western Australian Meat Industry Authority Act 1976

Western Australian Meat Industry Authority Regulations 1985

Application to operate an abattoir

I (We), ………………………………………………………………………...….

the owner*(s) of premises situated at ……………………………………………. hereby apply for approval to operate those premises as an abattoir subject to the requirements of the Western Australian Meat Industry Authority Act 1976 and the regulations from time to time in force under that Act.

The following particulars are given in support of this application — 

(a)Applicants Full Name(s): …………………………………………..

(b)Registered Business Name: ………………………………………...

(c)Postal Address: ……………………………………………………..

………………………………………….. Post Code: ……………..

(d)Telephone Number: ………………………………………………..

(e)Facsimile Number: …………………………………………………

(f)Full Abattoir Location: ……………………………………………..

………………………………………………………………………

I (We) certify that the above particulars are correct.

Signature(s) of Applicant(s) ……………………………………………………..

Date ……………………………………………………...

*Owner: Includes a person who is to be the manager of the proposed abattoir or the employer of persons who will work at the proposed abattoir.

Form 2

[regulation 20]

Western Australian Meat Industry Authority Act 1976

Western Australian Meat Industry Authority Regulations 1985

Approval to operate an abattoir

This is to certify that ……………………………………………………………

of ……………………………………………., being the owner*(s) of the premises situated at …………………………………, have the approval of the Western Australian Meat Industry Authority to operate such premises as an abattoir subject to the requirements of the Western Australian Meat Industry Authority Act 1976 and the regulations from time to time in force under that Act and subject to the conditions and restrictions hereunder:

Conditions and Restrictions

 

 

 

This approval is valid and remains in force unless revoked in accordance with the Act.

*Owner:Includes the manager of the abattoir or the employer of persons employed there.

Dated: ……………………………Chairman ………………………………..

Form 3

[regulation 19]

Western Australian Meat Industry Authority Act 1976

Western Australian Meat Industry Authority Regulations 1985

Applications to construct an abattoir

I (We),. …………………………………………………………………………

hereby apply for approval to construct an abattoir on the premises as set out hereunder. The following particulars are given in support of this application — 

(a)Applicants Full Name(s): …………………………………………..

(b)Registered Business Name: ………………………………………...

(c)Postal Address: ……………………………………………………..

………………………………. Post Code ………………….……...

(d)Telephone Number: ………………………………………………...

(e)Facsimile Number: ………………………………………….……...

Abattoir Details

Full Location:.………………………………………………………….

………………………………………………………….

Construction Standard: Export ……………………………………….………..

Code* …………………………………………………

Other ………………………………………………….

Planned Capacity

Beef

Sheep**

Pigs

Other

Carcases Per Hour

 

 

 

 

Chiller Capacity

 

 

 

 

(Number of carcases to be held)

Signature(s) of Applicant(s)…………………………………………………

Date…………………………………………………

*Australian Code of Practice for Construction and Equipment of Abattoirs.

**Includes sheep, lambs and goats.

Form 4

[regulation 20]

Western Australian Meat Industry Authority Act 1976

Western Australian Meat Industry Authority Regulations 1985

Approval to construct an abattoir

This is to certify that on an application being made on the …………………day of ………………………….,19………… by ………………………………… of …………………………………, being the owner*(s) of land proposed to be used for an abattoir and situated at …………………………………., the approval of the Western Australian Meat Industry Authority is granted to the said ………………………………………………….. to construct an abattoir on that land subject to the requirements of the Western Australian Meat Industry Authority Act 1976 and the regulations from time to time in force under that Act and subject to the conditions and restrictions hereunder:

Conditions and Restrictions

 

 

 

This approval is valid and remains in force unless revoked in accordance with the Act.

*OWNER:Includes a person who is to be the manager of the proposed abattoir or the employer of persons who will work at the proposed abattoir.

Dated: ……………………………Chairman ………………………………..

Form 5

[regulation 19]

Western Australian Meat Industry Authority Act 1976

Western Australian Meat Industry Authority Regulations 1985

Applications to carry out structural alterations or additions to an abattoir

I (We), ……………………………………………………………………………….……

of………………………………………………, being the owner*(s) of an abattoir situated at …………………………………………………. hereby apply for approval to carry out structural alterations/additions** affecting the throughput or capacity of the abattoir.

The following particulars are given in support of this application — 

(a)Nature of work:. …………………………………………………………...

…………………………………………………………………………..…

…………………………………………………………………………..…

(b)Work to be carried out by: .………...……………………………………...

…………………………………………………………………………..…

…………………………………………………………………………..…

(c)Capacity: if the planned alterations or additions affect operating capacity, please list proposed operating capacity.

 

Beef

Sheep***

Pigs

Other

Carcases Per Hour

 

 

 

 

Chillers

 

 

 

 

(d)The alterations/additions** will comply with Export Regulations/ Australian Code of Practice for Construction and Equipment of Abattoirs/other ………………………………………………………...…...

(e)Plans — Have plans been approved by Health Department/DPIE? ……...

Signature(s) of Applicant(s)……………………………………………………….

Date ……………………………………………………….

*OWNER: Includes the manager of the abattoir or the employer of persons employed there.

**Strike out which is inapplicable.

***Includes sheep, lambs and goats.

Form 6

[regulation 20]

Western Australian Meat Industry Authority Act 1976

Western Australian Meat Industry Authority Regulations 1985

Approval to carry out structural alterations or additions to an abattoir

This is to certify that on an application being made on the ……………..………. day of …………………………, 19 ………… by ……………………………… of ……………………………………………….…… , being the owner*(s) of an abattoir situated at ……………………………………………………...……., the approval of the Western Australian Meat Industry Authority is granted to the said …………………………………………………………………………...….. to carry out the following structural alterations/additions to the abattoir ….…………………………………………………………………………………

……………………………………………………………………………………,

subject to the requirements of the Western Australian Meat Industry Authority Act 1976 and the regulations from time to time in force under that Act and subject to the conditions and restrictions set out hereunder:

Conditions and Restrictions

 

 

 

This approval is valid and remains in force unless revoked in accordance with the Act.

*OWNER: Includes the manager of the abattoir or the employer of persons working there.

Date …………………………..Chairman ………………………………..

Form 7

[regulation 24]

Western Australian Meat Industry Authority Act 1976

Western Australian Meat Industry Authority Regulations 1985

Livestock slaughter return

Livestock slaughter by ……………………………………………………

at abattoir located at ………………………………………………………

During the month of ………………………….. 19 ……………...……

Total slaughtered for the month*

Cattle ……………………………………

Calves** ………………………………..

Sheep …………………………………...

Lambs ………………………………..…

Goats …………………………………....

Pigs …………………………………..…

Deer …………………………………….

Rabbits ……………………………….....

Emus ……………………………………

Others …………………………………...

Total …………

*All species of stock slaughtered must be declared.

**CALVES includes vealers up to and including 90 kg dressed weight.

I certify that the particulars contained in this return are correct.

Signature …………………………….

Date ………………………………….

NOTE:Failure to complete this form and send it to the Authority within seven (7) days after the above month is an offence under the Act.

[Schedule 5 inserted in Gazette 26 October 1990 pp.5362-6.]

Schedule 6

[regulations 33 and 34]

Fees

Part 1 — Abattoir fees

1.Application for approval to operate —

 

(a)a Code or Export abattoir ………………………

$ 500

(b)any other abattoir ……………………………….

$ 250

2.Annual fee for approval to operate —

 

(a)a Code or Export abattoir ………………………

$ 500 plus throughput fee

(b)any other abattoir ……………………………….

$ 250 plus throughput fee

3.Application to construct an abattoir ……………………

$ 250

4.Notification of change of ownership …………………...

$ 300

5.Any other notification under regulation 23 …………….

$ 50

6.Application for variation of approval conditions ………

$ 50

Part 2 — Midland Saleyard : sale fees

Animal

Fee per head

Calves

$2.50

Cattle

$3.80

Goats

$0.43

Horses

$3.80

Lambs

$0.43

Pigs

$1.35

Sheep

$0.43

[Part 2 inserted in Gazette 23 Aug 2005 p. 3907-8.]

Part 3 — Midland Saleyard : transhipment fees

Animal

Amount per head

Calves

$0.80

Cattle

$0.80

Goats

$0.10

Horses

$0.80

Lambs

$0.10

Pigs

$0.55

Sheep

$0.10

Part 4 — Interpretation

In this Schedule — 

Code abattoir means an abattoir which complies with (or in the case of an abattoir not yet in operation, which will, when in operation, comply with) the Australian Code of Practice for Construction and Equipment of Abattoirs 1986 published by the Commonwealth Department of Primary Industry;

Export abattoir means an abattoir which is registered (or in the case of an abattoir not yet in operation, which will, before it comes into operation, be registered) by the Australian Quarantine and Inspection Service of the Commonwealth for the purpose of exporting meat and meat products;

throughput fee means an amount equal to 0.7 cents per unit based on the number of units processed by the abattoir in the 12 month period immediately prior to the period to which the fee relates using the following animal to unit conversion table — 

Animal

Unit equivalent per head

Buffalo

7

Calves

2

Cattle

7

Deer

5

Emus

2

Goats

1

Lambs

1

Ostriches

2

Pigs

3

Rabbits

0.1

Sheep

1

[Schedule 6 inserted in Gazette 2 Feb 1996 p. 392‑3; amended in Gazette 24 Jun 1997 p. 2977; 3 Jul 1998 p. 3581; 30 Jun 2000 p. 3398; 13 Dec 2002 p. 5794-5; 15 Jun 2004 p. 2023-4; 23 Aug 2005 p. 3907-8.]

 

Notes

1This is a compilation of the Western Australian Meat Industry Authority Regulations 1985 and includes the amendments made by the other written laws referred to in the following table.

Compilation table

Citation

Gazettal

Commencement

Western Australian Meat Industry Authority Regulations 1985

7 Jun 1985 p.1978‑90
(Erratum 14 Jun 1985 p. 2172)

7 Jun 1985 (see r. 2)

Western Australian Meat Industry Authority Amendment Regulations 1985

23 Aug 1985 p. 3038

23 Aug 1985

Western Australian Meat Industry Authority Amendment Regulations 1986

23 May 1986 p. 1740-41

23 May 1986

Western Australian Meat Industry Authority Amendment Regulations 1988

27 May 1988 p. 1793-6

27 May 1988

Western Australian Meat Industry Authority Amendment Regulations (No. 2) 1988

2 Sep 1988 p. 3470

2 Sep 1988

Western Australian Meat Industry Authority Amendment Regulations 1990

26 Oct 1990 p. 5361-6

26 Oct 1990

Western Australian Meat Industry Authority Amendment Regulations 1991

12 Jul 1991 p. 3410-11
(Disallowed 22 Oct 1991 (see
Gazette 25 Oct 1991 p. 5499)

12 Jul 1991

Western Australian Meat Industry Authority Amendment Regulations 1994

17 Jun 1994 p. 2504-5

1 Jul 1994 (see r. 2)

Western Australian Meat Industry Authority Amendment Regulations 1996

2 Feb 1996 p. 389-93

2 Feb 1996

Western Australian Meat Industry Authority Amendment Regulations 1997

24 Jun 1997 p. 2977

1 Jul 1997 (see r. 2)

Western Australian Meat Industry Authority Amendment Regulations (No. 2) 1997

2 Sep 1997 p. 4962-3

2 Sep 1997

Western Australian Meat Industry Authority Amendment Regulations 1998

3 Jul 1998 p. 3581

3 Jul 1998

Western Australian Meat Industry Authority Amendment Regulations 2000

30 Jun 2000 p. 3398

1 Jul 2000 (see r. 2)

Western Australian Meat Industry Authority Amendment Regulations 2002

13 Dec 2002 p. 5794-5

13 Dec 2002

Western Australian Meat Industry Authority Amendment Regulations 2003

4 Apr 2003 p. 1023-4

4 April 2003

Western Australian Meat Industry Authority Amendment Regulations (No. 2) 2003

17 Oct 2003 p. 4435

17 Oct 2003

Western Australian Meat Industry Authority Amendment Regulations 2004

15 Jun 2004 p. 2023‑4

1 Jul 2004 (see r. 2)

Western Australian Meat Industry Authority Amendment Regulations (No. 2) 2004

30 Dec 2004 p. 6902

1 Jan 2005 (see r. 2 and Gazette 31 Dec 2004 p. 7130)

Western Australian Meat Industry Authority Amendment Regulations 2005

23 Aug 2005 p. 3907-8

23 Aug 2005