Northern Territory Consolidated Acts Northern Territory Consolidated Acts(1) In this Act, unless the contrary intention appears:
"abattoir animal" means a head of cattle, a sheep, pig, goat, buffalo, deer, horse, donkey, hinny, mule, camel, rabbit, hare, poultry or a crocodile and includes a species or type of animal declared under subsection (2)(a) but does not include a game animal.
"animal" means an abattoir animal, a game animal, an animal slaughtered for pet meat or bait meat, poultry and a bird but does not include a fish or aquatic life.
"approved" means approved by the Chief Inspector in writing.
"approved fee" means a fee approved by the Chief Inspector under section 7.
"bait meat" means meat intended for use as bait.
"by-product" means all of, or part of, an animal, which animal or part of an animal is unfit for human consumption.
"carcass" means the whole dressed body of a slaughtered animal.
"Chief Inspector", see the Livestock Act .
"code of practice" means a code of practice declared under section 72.
"corresponding law" means an Act, or an instrument of a legislative or administrative character made under an Act, in force in a State or another Territory of the Commonwealth, that corresponds as nearly as practicable to this Act, and includes the Export Control Act 1982 of the Commonwealth and an instrument of a legislative or administrative character made under that Act.
"dressed", in relation to a slaughtered animal, means dressed as prescribed.
"drover" means a person in charge of travelling livestock being moved in accordance with the Livestock Act .
"establishment" means a building or land used for the purposes of a licence but does not include a part of an establishment used for administrative or clerical purposes or a shop.
"game animal" means a pig, brumby, donkey or banteng that is not husbanded in the manner of a farmed animal and, where it is slaughtered, is slaughtered in the field and includes a species or type of bird or animal declared under subsection (2)(b) that is not husbanded in the manner of a farmed animal and, where it is slaughtered, is slaughtered in the field.
"game meat" means meat from a game animal.
"identity card" means a card issued under section 10 or a card that is deemed under section 10(3) or 76(4) to be an identity card.
"inspector" means a person who is an inspector under section 9 or under section 76(3).
"licence" means a licence granted under this Act that is in force.
"licensee" means the holder of a licence.
"manager" means a person approved under section 29(3) or 30(3).
"meat for human consumption" means meat intended for human consumption and includes offal that is fit for human consumption, but does not include pet meat or bait meat.
"meat transport vehicle" means the meat-carrying compartment of a vehicle, but does not include a prime mover, if any, to which the vehicle is attached or a cab chassis forming part of the vehicle.
"pet" means a carnivorous domestic animal or a carnivorous captive animal.
"pet meat" means the fresh, chilled or frozen body, carcass, flesh or other product derived from an animal, that is intended to be fed to pets, but does not include a body, carcass, flesh or other meat product, derived from an animal, that is:
(a) condemned under this Act as unfit for pet food;
(b) heat sterilised in an hermetically sealed package or heat dried; or
(c) processed, heat treated (but not sterilised), packed and sealed in a manner in respect of which a declaration has been made under subsection (3).
"pet meat processing unit" means a transportable unit designed or intended to process pet meat, that forms part of a vehicle or is designed to be moved with a vehicle.
"poultry" means a domestic fowl, duck, goose, turkey or quail and includes a species or type of bird declared under subsection (2)(c).
"prescribed disease" means a disease declared under subsection (2)(d) or prescribed in the Regulations.
"process", in relation to meat, means to physically or chemically change meat from the carcass of an animal, but does not include chilling or freezing meat or preparing meat for immediate consumption.
"quality assurance program" means a program approved under section 11 in respect of a licence and includes an amendment to a program.
"register" means a register maintained under section 12.
"relevant conviction", in relation to a person, means the person has been found guilty of an offence against:
(a) this Act;
(b) the repealed Acts; or
(c) a corresponding law,
for which he or she was imprisoned or fined $1,000 or more.
"repealed Acts" means the Acts repealed by section 75.
"retailer" means a person who:
(a) purchases and receives meat at a shop or at a residence used for commercial meat processing within the meaning of section 34 or principally for the purposes of resale from a shop or the residence; and
(b) from the shop or residence, disposes of meat principally to people who do not intend to resell the meat or disposes of meat to people who intend to resell the meat in a cooked or marinated state or for immediate consumption.
"sell" means every method of disposition for valuable consideration and includes:
(a) barter;
(b) the disposition to an agent for sale on consignment;
(c) offering for sale;
(d) receiving or possessing for sale;
(e) exposing for sale;
(f) sending or delivering for sale; and
(g) causing or permitting to be sold, offered, or exposed for sale.
"shop" means a place at which retail trade is carried on.
"standard" means a standard declared under section 72.
"this Act" includes the Regulations and any other instrument of an administrative or legislative character made under this Act.
"vehicle" means a motor vehicle within the meaning of the Motor Vehicles Act .
"vessel" includes a ship, boat, hovercraft, raft or pontoon and any other thing capable of carrying persons or goods through or on water.
"wholesaler" means a person who sells meat to a person for the purposes of sale of that meat by that other person.
(2) The Chief Inspector may, by notice in the Gazette , declare:
(a) a species or type of animal to be an abattoir animal;
(b) a species or type of animal to be a game animal;
(c) a species or type of bird to be poultry; and
(d) a disease to be a prescribed disease.
(3) The Minister may, by notice in the Gazette , declare that a product, derived from an animal, that is intended to be fed to pets and is processed, heat treated, packed and/or sealed in a manner specified in the notice, is not pet meat for the purposes of this Act.
(4) In this Act, a reference to the Export Control Act 1982 of the Commonwealth includes a reference to an Act of the Commonwealth in substitution for that Act.
(5) For the purposes of this Act, a person is not a fit and proper person if:
(a) the person, or an associate of the person, is not of good repute having regard to character, honesty and integrity;
(b) the person, or an associate of the person, has a business association with a person, body or association who or which is not of good repute having regard to character, honesty and integrity; or
(c) a director, partner, trustee, executive officer, secretary or any other officer or person who is or is likely to be associated or connected with the ownership, administration or management of the establishment to which the application relates is not a suitable person to be so associated or connected.
(6) For the purposes of subsection (5), a person ( the associate ) is the associate of another person ( the principal ) if the associate:
(a) holds or will hold a relevant financial interest, or is or will be entitled to participate in:
(i) a directorial, managerial or executive decision; or
(ii) the election of a person to a position within the business (whether in right of the person or on behalf of any other person),
in respect of the operation of an establishment under this Act by the principal, and by virtue of that entitlement is able or would be able to exercise significant influence over or with respect to the management or operation of the establishment;
(b) holds or will hold the position of director, manager, secretary or other executive power whether in right of the associate or on behalf of any other person, in the operation of an establishment under this Act by the principal;
(c) is a spouse, de facto partner, parent, child or sibling of the principal; or
(d) is an agent of the principal.
(7) For the purposes of subsection (6)(a), a relevant financial interest in respect of the operation of an establishment means:
(a) a share in the capital of;
(b) an entitlement to receive income derived from; or
(c) an entitlement to receive payment as a result of money advanced to,
the business operating the establishment.