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COMMONWEALTH POWERS (POULTRY PROCESSING)
BILL 1993
NEW SOUTH WALES
EXPLANATORY NOTE
(This Explanatory Note relates to this Bill as introduced into Parliament)
The object of this Bill is to empower the Commonwealth Parliament to enact
legislation about poultry processing for the purpose of ensuring the fitness of poultry
meat for human consumption. The Bill will refer power to make laws with respect to the
regulation, licensing and inspection of operations involving the slaughtering of poultry
for human consumption and the processing, handling and packaging of poultry meat on
slaughter premises in New South Wales. The Bill will refer power to make laws with
respect to the regulation and inspection of poultry meat brought into the State for sale
and of its packaging. Power to make laws with respect to ancillary matters is also
referred.
The reference of power is done under section 51 (xxxvii) of the Commonwealth
Constitution. That provision authorises the Commonwealth Parliament to make laws
with respect to:
"(xxxvii) Matters referred to the Parliament of the Commonwealth by the Parliament
or Parliaments of any State or States, but so that the law shall extend only
to States by whose Parliaments the matter is referred, or which afterwards
adopt the law".
The Bill provides that the State may at any time terminate the referral on a day
appointed by proclamation, that is, a proclamation of the Governor of New South Wales
on the advice of the Executive Council.
Clause 1 specifies the short title of the proposed Act.
Clause 2 provides for the commencement of the proposed Act on a proclaimed day.
Clause 3 makes the referral described above.
Clause 4 enables the referral to be terminated by proclamation.