Victorian Consolidated Legislation

Meat Industry Act 1993 - SECT 3

Definitions

3. Definitions



(1) In this Act-

abattoir means-

   (a)  a place used for slaughter of consumable animals for human
        consumption; or

   (b)  any other place used in connection with a place referred to in
        paragraph (a); or

   (c)  any structure, facility or equipment (including equipment to deal with
        offal or condemned meat) used in connection with a place referred to
        in paragraph (a) whether before or after slaughter;

approved inspection service means an inspection service for the time being
approved under Part 2;

approved laboratory means a laboratory that has entered into an arrangement
with the Secretary to deliver test results to the Secretary;

Authority means PrimeSafe established under this Act;

boiling down works means a facility used for boiling down (otherwise than for
human consumption) meat, blood, bones or offal;

brand includes-

   (a)  a mark or stamp; and

   (b)  a tag or label containing a brand, mark or stamp;

butcher shop means a shop where meat is sold mainly for human consumption, but
does not include-

   (a)  a shop where more manufactured meat, or products that contain some or
        no meat, is sold than unmixed meat; or

   (b)  any premises where meat is sold to be consumed on the premises;

carcass means any part of a dead animal that has been dressed for sale;

chief veterinary officer means the chief veterinary officer of the Department
of Primary Industries;



Code of Practice means an approved Code of Practice made under section 13A;



consumable animal means-

   (a)  poultry; or

   (b)  game; or

   (c)  an animal from any of the following families, if not living in a wild
        state-

   (i)  cattle; or

   (ii) sheep; or

   (iii) goat; or

   (iv) pig; or

   (v)  horse; or

   (vi) donkey; or

   (vii) ostrich; or

   (viii) deer; or

   (d)  an animal prescribed to be a consumable animal;

declared facility means a premises that is of a class that has been declared
under section 10A;

domestic partner of a person means-

   (a)  a person who is in a registered relationship with the person; or

   (b)  an adult person to whom the person is not married but with whom the
        person is in a relationship as a couple where one or each of them
        provides personal or financial commitment and support of a domestic
        nature for the material benefit of the other, irrespective of their
        genders and whether or not they are living under the same roof, but
        does not include a person who provides domestic support and personal
        care to the person-

   (i)  for fee or reward; or

   (ii) on behalf of another person or an organisation (including a government
        or government agency, a body corporate or a charitable or benevolent
        organisation);

dressed means the removal of prescribed parts of an animal after slaughter to
prepare it for consumption;

edible offal means-

   (a)  any part of an animal prescribed to be edible offal; or

   (b)  offal approved by an inspector as fit for human consumption;

farm means land which is not less than 2 hectares in area, and which is
outside a radius of 32 kilometres from the General Post Office at the corner
of Elizabeth and Bourke Streets, Melbourne and is used for agricultural or
pastoral purposes; Finance Minister means the Minister administering section 8
of the Financial Management Act 1994;

game means-

   (a)  an animal from any of the following families, if living in a wild
        state-

   (i)  rabbit;

   (ii) hare;

   (iii) kangaroo;

   (iv) pig;

   (v)  goat; or

   (b)  any animal prescribed to be game;

game processing facility means a meat processing facility for game;

general meat processing facility means-

   (a)  an abattoir; or

   (b)  a place approved by the authority where meat is received for
        inspection or branding under the direction of an inspector; or

   (c)  a place at which the predominant activity is-

   (i)  the processing of unmixed meat; or

   (ii) the production or processing of manufactured meat; or

   (iii) any combination of those activities- other than a place that is
        solely used to store food in a chilled or frozen state;

inspector means-

   (a)  a person who, under this Act, is appointed as, or has the powers of,
        an inspector; or

   (b)  a person authorised to be an inspector by an approved inspection
        service- and in relation to game, horses and donkeys, includes an
        inspector under the Livestock Disease Control Act 1994;

knackery means-

   (a)  a place used for the slaughter of horses, donkeys or other consumable
        animals not intended for human consumption or for the dressing or
        processing of their meat; or

   (b)  a boiling down works; or

   (c)  a place used in connection with a place referred to in paragraph (a)
        or (b), and any structure, facility or equipment (including equipment
        to deal with offal) used in connection with that place;

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licence means licence under Part 4;

licensed meat transport vehicle means a meat transport vehicle licensed under
the regulations;



licensee means the holder of a licence;

listed disease or condition means-

   (a)  a disease or condition listed in Schedule 1 in relation to a
        consumable animal, other than poultry; or

   (b)  a disease or condition declared under this Part to be a listed disease
        or condition;

manufactured meat means a processed food product that is a mixture of meat and
other food (including water) and in which at least 66% of the unpacked weight
of the product is meat, but does not include unmixed meat;

meat from a consumable animal means-

   (a)  if the expression is used in relation to consumable animals generally,
        or is not restricted to a consumable animal of a particular kind, meat
        or edible offal; or

   (b)  if the expression is used in relation to consumable animals of a
        particular kind, meat or edible offal from an animal of that kind;

meat processing facility means-

   (a)  a general meat processing facility; or

   (b)  a pet food processing facility; or

   (c)  a butcher shop; or

   (d)  any place or vehicle that is used for the sale of meat for human
        consumption or the handling, storage or transportation of meat for
        sale for human consumption but does not include a place or vehicle-

   (i)  where more manufactured meat, or products that contain some or no
        meat, is sold than unmixed meat; or

   (ii) where meat is sold to be consumed at that place or vehicle;

meat transport vehicle means a vehicle used for the conveyance of any carcass
or meat intended for human consumption;



offal means any part of a consumable animal not ordinarily used for human
consumption;

own, in relation to a meat transport vehicle, includes being in charge of the
vehicle and having the control and management of the vehicle;

operator in relation to a meat processing facility means the operator of that
facility within the meaning of Part 4;

pet food processing facility means-

   (a)  a knackery; or

   (b)  a place (other than a retail butcher shop) where meat or seafood
        intended for consumption as pet food is stored for sale, prepared for
        sale or sold;

poultry means-

   (a)  a bird-

   (i)  which is not living in a wild state; and

   (ii) whose meat is intended for human consumption or for consumption as pet
        food; or

   (b)  a bird prescribed to be poultry- but does not include emus and
        ostriches;

poultry processing facility means a meat processing facility for poultry;

processing of meat means any activity in the process of preparing meat for
consumption, beginning with the delivery of animals for slaughter, but does
not include the retail sale of meat for human consumption;

registered medical practitioner means a medical practitioner registered under
the Health Professions Registration Act 2005;







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seafood has the same meaning as in section 3 of the Seafood Safety Act 2003;

Secretary means the Secretary to the Department of Primary Industries;



sell, for the purposes of this Act, has the same meaning as sell has in
relation to food under section 4(1) of the Food Act 1984;

spouse of a person means a person to whom the person is married;



unmixed meat means any meat that has not been mixed with any other substance,
but includes meat that has had a negligible quantity of other food added to it
if that other food does not fundamentally change the character of the meat;

vehicle means a conveyance designed to be propelled or drawn by any means,
whether or not capable of being so propelled or drawn, and includes cart,
caravan, bicycle, railway carriage, tram-car, ship, boat, barge, vessel,
aircraft and aircushion vehicle.

(1A) If under the Public Administration Act 2004 the name of the Department of
Primary Industries is changed, the references in the definitions of chief
veterinary officer and Secretary to that Department must, from the date when
the name is changed, be treated as a reference to the Department by its new
name.



(2) For the purposes of the definition of domestic partner in subsection (1)-

   (a)  registered relationship has the same meaning as in the
        Relationships Act 2008; and

   (b)  in determining whether persons who are not in a registered
        relationship are domestic partners of each other, all the
        circumstances of their relationship are to be taken into account,
        including any one or more of the matters referred to in section 35(2)
        of the Relationships Act 2008 as may be relevant in a particular case;
        and

   (c)  a person is not a domestic partner of another person only because they
        are co-tenants.