Meat Industry Act 1993

In ForceVIC

Jurisdiction

Victoria

Collection

act

Plain English Summary

8/10 complexity

What this Act does, in plain terms

Mechanically, the Meat Industry Act 1993 (the Act) creates a licensing, inspection and quality-assurance system for meat (including game, poultry and pet‑food meat) produced, processed, stored, transported or sold in Victoria. It establishes an independent body, PrimeSafe (the Authority), to run that system and gives inspectors broad powers to enter, test, seize and direct (ss 6, 43, 70–74). It also authorises the making of regulations and Codes of Practice to set detailed standards and implements criminal penalties for non‑compliance (ss 78, 13A–13F, various offence provisions).
The Act sets out who decides and who pays. The Authority grants licences, approves quality assurance programs and can approve third‑party inspection services (ss 14–21, 10, 7). Licensees must pay inspection fees and other fees fixed by the Authority (s 6(2); s 44(h); s 45(b)); the Authority may recover unpaid fees as a debt and is permitted to withdraw inspection services if fees are not paid (s 9).
Stated purposes and how they map to the rules. The Act explicitly says it exists to set standards, run a licensing/inspection system, regulate meat transport vehicles and establish the Authority (s 1). It also records that the Authority may perform functions under the Seafood Safety Act (s 1(da); s 44(ha)). The mechanical effect is that these stated objectives are implemented by: mandatory licences for most processing and transport (ss 14, 40, 42A–42B); inspection powers and branded certification for fitness for human consumption (ss 72, 39, 34); and mandatory or approved quality assurance programs for some classes of premises (ss 10, 10A, 11).

JSON API

Deep Dive

6,041 words · generated 12/05/2026

What it does

The Meat Industry Act 1993 (Vic) is the primary regulatory statute for the production, processing, sale and transport of meat for human consumption and for pet food in Victoria. Its purposes, set out in section 1, are to set standards for meat production, establish a licensing and inspection system, create a mechanism for adopting and implementing quality assurance programs, enable the regulation of meat transport vehicles, and establish the Victorian Meat Authority (now called PrimeSafe) to operate the licensing and inspection system and arrange for quality assurance programs. The Act also empowers PrimeSafe to perform functions under the Seafood Safety Act 2003. The Act operates by requiring any person who operates a meat processing facility to hold a licence under Part 4. A meat processing facility is broadly defined in section 3(1) to include abattoirs, general meat processing facilities (where the predominant activity is processing unmixed meat or manufactured meat), butcher shops, pet food processing facilities (including knackeries), and any place or vehicle used for sale, handling, storage or transportation of meat for human consumption (with certain exclusions). The Act also provides for the licensing of meat transport vehicles through regulations made under section 78(1)(h). Section 5 sets out important exemptions: the Act does not apply to meat in a dwelling, dried meat for sale online (added by amendment in 2024), slaughter on a farm for consumption on that farm provided it is not for sale and not removed from the farm, and meat branded under the Commonwealth Export Control Act 2020. The Minister may also exempt a class of licensee or class of meat processing facility by notice in the Government Gazette (section 5(2)). The Act establishes PrimeSafe (section 43) as a body corporate with functions including controlling and reviewing standards of meat, poultry meat and game meat, licensing facilities, approving quality assurance programs, and charging fees. The Act provides for approved inspection services (Part 2) which can be contracted to perform inspections. Quality assurance programs (Part 3) can be approved by PrimeSafe and, if adopted, can exempt a licensee from compliance with certain Act or regulation requirements (section 11(3)). Codes of Practice (Part 3A) can be made by PrimeSafe with Ministerial approval and are binding on licensees (section 13E). The Act contains extensive offences in Part 5, including bans on selling certain meat for human consumption unless it has been processed at a licensed facility and inspected (section 34), bans on selling meat from knackeries for human consumption (section 36), and offences for operating unlicensed facilities (section 40). Enforcement is handled by inspectors appointed by PrimeSafe (section 70) who have broad powers of entry, search, seizure and condemnation (section 72). The chief executive officer has additional powers to issue notices prohibiting use of facilities or vehicles (section 74) and may seek enforcement orders from the Supreme Court (section 74A). Penalties range from 20 penalty units for obstruction to 500 penalty units or 24 months imprisonment for subsequent offences involving sale of unfit meat.

Current sections

Direct links to the current provisions in Meat Industry Act 1993.

105

Official source available

Zoe has indexed the source text for search and analysis. Use the official register for the original document and download formats.

View on official register

Sourced from Victorian Legislation (legislation.vic.gov.au), CC BY 4.0.

Main concepts

The Act employs a number of defined terms that are critical to understanding its scope. Section 3(1) defines consumable animal as poultry, game, or animals from specified families (cattle, sheep, goat, pig, horse, donkey, ostrich, deer) if not living in a wild state, plus any prescribed animal. Game includes wild rabbits, hares, kangaroos, pigs and goats, and any prescribed animal. Meat from a consumable animal means meat or edible offal from that animal. Edible offal is either prescribed or approved by an inspector as fit for human consumption. The Act defines different categories of meat processing facilities. An abattoir includes a place or vehicle used for slaughter of consumable animals for human consumption, plus any structure, facility or equipment used in connection (section 3(1)). A general meat processing facility means an abattoir, a place approved for receiving meat for inspection and branding, or a place or vehicle where the predominant activity is processing unmixed or manufactured meat (other than a place solely used for cold storage). A butcher shop is a shop where meat is sold mainly for human consumption, but it excludes shops where more manufactured meat (or products containing some or no meat) is sold than unmixed meat, and any premises where meat is sold to be consumed on the premises (section 3(1)). A pet food processing facility includes a knackery and a place or vehicle (other than a retail butcher shop) where meat or seafood for pet food is stored, prepared or sold for sale. A knackery includes a place used for slaughter of horses, donkeys or other consumable animals not intended for human consumption, or for boiling down works, plus associated structures. The Act also defines poultry processing facility, game processing facility, field depot and harvest vehicle (added by amendment in 2022). Operator in relation to a meat processing facility is defined in Part 4: a corporation must nominate an officer, a partnership must nominate a partner, and an individual licensee is the operator (section 25). Licensee is the holder of a licence under Part 4. Brand includes a mark, stamp, tag or label containing such (section 3(1)). Sell has the same meaning as under the Food Act 1984 (section 3(1)). Listed disease or condition means diseases and conditions listed in Schedule 1 (applying to consumable animals other than poultry) plus those declared by the Governor in Council by Order (section 4). Schedule 1 includes conditions such as tuberculosis, brucellosis, anthrax, cysticercosis, liver fluke, abscesses, biological residues and many others. Approved inspection service is a person or body approved by PrimeSafe under Part 2 to provide inspection services. Code of Practice means an approved code made under section 13A. Quality assurance program is a program approved under Part 3 that can exempt the licensee from certain Act or regulation requirements (section 11(3)). The Act also introduces the concept of a declared facility, which is a class of butcher shops or manufactured meat processing premises declared by the Minister to require a quality assurance program (section 10A). PrimeSafe is the regulator established as a body corporate (section 43). Importantly, the definition of vehicle is extremely broad: it includes any conveyance designed to be propelled or drawn, including cart, caravan, bicycle, railway carriage, tramcar, ship, boat, barge, vessel, aircraft and air-cushion vehicle (section 3(1)). This broad definition means that many mobile operations fall within the licensing and inspection net.

Who it affects

The Act directly affects a wide range of participants in the meat supply chain. Licensees who operate meat processing facilities have the primary obligations: they must hold a licence (section 40), comply with its conditions (section 41), comply with any applicable Code of Practice (section 13E), maintain records (section 29), submit to inspection and testing (sections 30, 72), and ensure meat is branded and inspected before removal (section 39). Operators (as defined in Part 4) have specific functions of general oversight, liaison, and supervision of compliance (section 27). They receive documents, directions and requests on behalf of the licensee. Applicants for licences must satisfy the fit and proper person test (section 16) and provide evidence addressing matters such as good repute, character, honesty and integrity, and must not have certain criminal convictions (section 18). Approved inspection services are bodies or persons approved by PrimeSafe to provide inspection services under agreement or arrangement (section 7). They can charge inspection fees and must meet adequacy and efficiency standards. Inspectors are authorised by PrimeSafe (section 70) and have broad powers to enter, search, sample, seize, condemn, and brand (section 72). They must produce identity cards (section 71). Owners and operators of meat transport vehicles are affected by Part 5A and regulations made under section 78(1)(h). It is an offence to use or own an unlicensed vehicle for conveying meat, carcasses or seafood intended for human consumption if the regulations require a licence (section 42A). Farmers are affected but with important exemptions: slaughter on a farm for consumption on that farm (not for sale and not removed) is exempt from the Act (section 5(1)(b)). However, if they sell meat, they must use licensed facilities. Retail butchers are affected, especially if they operate a butcher shop (as defined). Some butchers may fall outside the licensing regime if they sell more manufactured meat than unmixed meat (the definition of butcher shop excludes such shops from being a meat processing facility). Butchers selling meat unfit for human consumption face high penalties (section 37A). Pet food processors are affected: pet food processing facilities must be licensed (section 40), and meat for pet food must be inspected and comply with requirements before sale (section 37B). Game processors are now specifically regulated with new provisions inserted in 2022: game meat for human consumption must be processed at a licensed facility (section 34(3)-(4)), and certain provisions apply to field depots and harvest vehicles. Seafood industry participants are indirectly affected because PrimeSafe's functions extend to the Seafood Safety Act 2003 (section 44(ha)). Municipal councils and public health authorities are consulted under section 44(ga) regarding public health protection. The Victorian Civil and Administrative Tribunal (VCAT) is affected as the review body for decisions by PrimeSafe (section 24). The Supreme Court may be involved in enforcement order applications (section 74A). The public is the ultimate beneficiary of the standards for meat safety, but the Act does not create private rights of action.

Key duties and rights

The Act imposes extensive duties on licensees and others, and also grants specific rights. Key duties include:

Duty to hold a licence: a person must not operate a meat processing facility unless licensed (section 40(1)). This is a strict prohibition with penalties up to 500 penalty units or 24 months imprisonment for subsequent offences.
Duty to comply with licence conditions: section 41 requires compliance with conditions or restrictions in the licence, with penalties up to 100 penalty units or 12 months imprisonment.
Duty to comply with Codes of Practice: section 13E requires a licensee to comply with any applicable Code of Practice. Non-compliance is a ground for refusing licence renewal or suspension/cancellation (note to section 13E).
Duty to maintain records: section 29 requires a licensee to keep a record book and record prescribed information and any information reasonably required by PrimeSafe. Penalties up to 100 penalty units or 12 months imprisonment for subsequent offences.
Duty to obey testing directions: section 30 requires a licensee, manager or operator to carry out specified tests for chemical residues and listed diseases when directed by the Secretary, and prohibits destruction or removal of animals. Failure attracts up to 100 penalty units or 12 months imprisonment.
Duty not to accept diseased animals: section 32 prohibits accepting delivery of a consumable animal known or ought to have known to have a listed disease or be unfit, and requires reporting such requests to an inspector.
Duty not to sell unfit meat: Part 5 Division 2 sets out bans on sale of certain meat for human consumption unless slaughtered at a licensed facility and inspected (section 34), bans on selling meat from knackeries (section 36), bans on selling pet food for human consumption (section 37), and bans on selling certain meat for pet food unless inspected (section 37B).
Duty to brand: section 39 requires meat to be branded as fit for human consumption (or certified under other State/Territory law) before supply or removal from a meat processing facility, unless made unusable. Separate rules apply to game meat (section 39(1B)).
Duty not to make false information: section 42 prohibits giving false or misleading information in documents to PrimeSafe or an inspector.
Duty not to obstruct inspectors: section 73 prohibits obstruction, threats, or intimidation, and requires compliance with prohibitions, directions or requests.
Duty of CEOs and members to disclose pecuniary interests: section 56 prohibits the CEO from holding pecuniary interests in licensed corporations, and requires members to declare interests.

Key rights include:

Right to apply for a licence: any person may apply for a licence (section 14). The application must be in approved form and include evidence of fitness.
Right to have a quality assurance program approved: the licensee or applicant may request approval, or PrimeSafe may approve on its own initiative (section 10). Once approved, the program can exempt the licensee from certain requirements (section 11(3)).
Right to request review by VCAT: section 24 allows persons whose interests are affected by decisions of PrimeSafe to refuse grant or renewal of licence, impose conditions or restrictions, vary, suspend or cancel a licence, or refuse to approve alterations, to apply to VCAT for review within 28 days.
Right of licensees to make submissions: before PrimeSafe varies a licence on its own initiative to impose less favourable conditions, it must give written notice and a reasonable opportunity to make written submissions (section 21(4)). Similarly, before suspension or cancellation, notice and opportunity must be given (section 22(3)).
Right to be heard on selection committee recommendations: the Minister must consider recommendations of the selection committee for appointments to PrimeSafe (section 66), but may reject them.
Right to inspect the Act and Codes: section 13D requires PrimeSafe to publish notice of Codes of Practice and make them available for inspection. A person cannot be convicted if the code was not published and not available for inspection (section 13D(3)).
Right to recover inspection fees: PrimeSafe and approved inspection services may require payment of inspection fees and recover them as a debt (section 9). They may also withdraw services after notice.

Penalties and enforcement

The Act creates a tiered penalty structure. For most offences, the penalty is expressed as a number of penalty units. At the time of the current version, a penalty unit under Victorian law is $197.59 (though the Act does not specify the dollar amount; it is set under the Monetary Units Act 2004). First offence penalties are typically 50 penalty units for record-keeping failures, failing to obey testing directions, unauthorised removal of stored meat, accepting diseased animals, failure to brand, operating an unlicensed meat transport vehicle, failing to comply with licence conditions, false information, and disclosing confidential information. More serious first offences carry 100 penalty units: selling unfit meat, operating an unlicensed facility, slaughter at unlicensed premises, and breaches of branding prohibitions. Subsequent offence penalties are higher: often 100 penalty units or 12 months imprisonment (or both) for less serious matters, and 500 penalty units or 24 months imprisonment for serious public health offences such as selling meat for human consumption that has not been properly inspected (section 34), selling knackery meat for human consumption (section 36), and operating an unlicensed facility (section 38). The Act also provides for automatic suspension of a licence while it is suspended (section 22(4)). Enforcement powers are vested in inspectors appointed by PrimeSafe (section 70) and the chief executive officer (section 74). Inspectors may enter and search any meat processing facility or vehicle (section 72(2)(a),(ab)), at any reasonable time enter any place not occupied as a residence where meat is processed or sold, or any place used in connection with slaughter, search equipment and goods, require vehicles to stop, ask questions, require name and address, examine and take samples, seize, detain, treat or dispose of meat, take samples from animals, seize documents, brand or direct branding, colour or direct colouring, condemn animals or meat, direct that condemned meat be treated in a boiling down works, and prohibit slaughter of unsuitable animals (section 72(2)). The chief executive officer may issue written notices directing removal of animals or meat, prohibiting use of a facility for a specified purpose, or prohibiting use of a vehicle as a meat transport vehicle, if they have considered an inspector's report and consider it appropriate in the interests of public health (section 74(2)-(3)). These notices take effect on service (section 74(5)). Failure to comply is an offence (50 penalty units) (section 74(6)). The CEO may also apply to the Supreme Court for an enforcement order (section 74A). Obstruction of an inspector carries 20 penalty units (section 73). The Act provides evidentiary rules: in proceedings, evidence of meat on premises used for storage or sale is evidence that the person possessed it for sale for human consumption, unless it is made unusable or sealed and labelled as pet food (section 75). Proceedings may be instituted by the Chairperson of PrimeSafe or a person authorised in writing (section 76). Service of documents may be by personal service, registered post, or left at the facility, or served on a person apparently in charge (section 77). The regulations may prescribe penalties not exceeding 10 penalty units for any contravention (section 78(1)(p)). Additionally, the Minister may direct PrimeSafe to increase fees to enable repayment of advances (section 63(5)). The Act also contains a specific prohibition on the CEO and members holding pecuniary interests in licensed businesses, with a penalty of 50 penalty units (section 56).

How it interacts with other laws

The Act is not a standalone code; it explicitly interacts with several other Victorian and Commonwealth laws. Food Act 1984 cross-references are frequent. The definition of "sell" in the Meat Industry Act adopts the same meaning as under that Act (section 3(1)). Quality assurance programs for declared facilities that also handle non-meat food must comply with section 19D of the Food Act 1984 (section 11(4)). PrimeSafe must consult with the Secretary to the Department of Health or a municipal council to protect public health (section 44(ga)). The Minister must consult the Minister administering the Food Act 1984 before recommending exemptions for sale of non-consumable animal meat (section 35(2)). Seafood Safety Act 2003 is directly incorporated: PrimeSafe's functions include those conferred by that Act (section 44(ha)), and the Act's provisions on disclosure of information (section 57), delegation (section 58), inspection powers (section 70(5)), and other sections extend to that Act. The Act was amended significantly in 2003 to add this cross-reference and to change the Authority's name to PrimeSafe. Livestock Disease Control Act 1994 is also relevant: a conviction under that Act can be a ground for refusing a licence (section 18(1)(b)), and inspectors under that Act are also inspectors under the Meat Industry Act for game, horses and donkeys (definition of "inspector" in section 3(1)). Public Health and Wellbeing Act 2008 is referenced in section 18(1)(b) and section 18(2) as a ground for refusing or refusing to grant a licence. Dairy Act 2000 and the Abattoir and Meat Inspection Act 1973 and Poultry Processing Act 1968 (now repealed) are also mentioned in the fit and proper person provisions. Commonwealth Export Control Act 2020 is referenced in two places: the Act does not apply to meat branded in accordance with that Act (section 5(1)(c)), and PrimeSafe is not required to provide inspection services for a processing facility licensed under that Act (section 6(1)). Planning schemes and statutory instruments concerning land use must be considered by PrimeSafe when deciding whether to grant a licence; inconsistency with a planning scheme or unsuitability of the location is a mandatory ground for refusal (section 18(1)(e)), though this does not apply to vehicle facilities. Relationships Act 2008 is used to define "domestic partner" (section 3(2)). Financial Management Act 1994 applies to PrimeSafe's reporting obligations (section 46). Interpretation of Legislation Act 1984 applies to the transitional provisions (section 90). The Act also preserves the operation of other laws: section 23 requires licensees to comply with any other Act or statutory instrument. Section 15(3) provides that the licensing of food processing facilities for interstate sale is in addition to and does not take away from the Food Act 1984. The Act creates a specific interaction with the Borrowing and Investment Powers Act 1987 by conferring those powers on PrimeSafe (section 45(3)). Public Administration Act 2004 applies to members of PrimeSafe and officers (sections 49(3), 51(2), 55). The Act also provides for regulations that may apply, adopt or incorporate any matter contained in any prescribed food standard within the meaning of the Food Act 1984 (section 78(2)(f)). Finally, the transitional provisions in Part 9 ensure continuity from the repealed Acts, preserving instruments, licences, registrations and appeal processes.

Amendment history

The Act has been amended numerous times since its commencement in 1993. The version at hand (No. 050) incorporates amendments up to 17 April 2025. Key amendments include:

Medical Practice Act 1994 (No. 23/1994): amended definitions, removing "legally qualified medical practitioner" and updating references to registered medical practitioner.
Financial Management (Consequential Amendments) Act 1994 (No. 31/1994): amended financial provisions, replacing repealed sections 59-62.
Livestock Disease Control Act 1994 (No. 115/1994): amended definition of inspector to include inspectors under that Act.
Food (Amendment) Act 1997 (No. 98/1997): a major amendment that inserted Part 5A on meat transport vehicles, added definitions for butcher shop, manufactured meat, unmixed meat, declared facility, and introduced sections 10A (Minister may require quality assurance programs), 12A (audit of programs), 37A (ban on sale of certain meat at butcher shops), 42A-42B (offences for unlicensed meat transport vehicles), and gave the CEO powers to issue notices. This Act also repealed Division 1 of Part 9.
Public Sector Reform (Miscellaneous Amendments) Act 1998 (No. 46/1998): changed references to departments.
Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998 (No. 52/1998): substituted section 24 to provide VCAT review.
Agriculture Legislation (Amendment) Act 2001 (No. 53/2001): amended section 12A (audit restrictions), section 24 (adds review of decisions on approved inspection services and audit restrictions), section 46 (accountability of Authority), and repealed section 35(6) (later reinserted).
Statute Law Further Amendment (Relationships) Act 2001 (No. 72/2001): inserted definition of domestic partner.
Seafood Safety Act 2003 (No. 24/2003): a major amending Act that renamed the Authority from Victorian Meat Authority to PrimeSafe, inserted Part 3A on Codes of Practice, added new functions (section 44(ha)), expanded membership of PrimeSafe (section 48), inserted section 93 (transitional for selection committee), section 94 (effect of change of name), and amended many other sections to reference the Seafood Safety Act 2003 (including section 1(da), section 57, section 58, section 70(5), etc.).
Fisheries (Amendment) Act 2003 (No. 56/2003): updated department references.
Animals Legislation (Animal Welfare) Act 2003 (No. 103/2003): amended sections 35 (slaughter of non-consumable animals).
Public Administration Act 2004 (No. 108/2004): amended references to public sector employment.
Health Professions Registration Act 2005 (No. 97/2005): updated definition of registered medical practitioner.
Primary Industries Acts (Miscellaneous Amendments) Act 2006 (No. 34/2006): amended section 37A (exceptions for pet food in robust containers).
Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006 (No. 80/2006): updated references.
Statute Law Revision Act 2007 (No. 28/2007): inserted definition of Finance Minister.
Relationships Act 2008 (No. 12/2008): substituted definition of domestic partner.
Public Health and Wellbeing Act 2008 (No. 46/2008): amended section 18 (grounds for refusal) and section 35.
Statute Law Amendment (National Health Practitioner Regulation) Act 2010 (No. 13/2010): substituted definition of registered medical practitioner.
Health and Human Services Legislation Amendment Act 2010 (No. 29/2010): inserted definition of Secretary to the Department of Health and amended section 44(ga).
Subordinate Legislation Amendment Act 2010 (No. 78/2010): amended section 78 (disallowance of regulations).
Statute Law Revision Act 2013 (No. 70/2013): updated department references.
Victoria Police Amendment (Consequential and Other Matters) Act 2014 (No. 37/2014): inserted definition of police officer.
Primary Industries Legislation Amendment Act 2019 (No. 40/2019): amended definitions of abattoir, general meat processing facility, and pet food processing facility; inserted new entry and search powers for vehicles (section 72(2)(ab)); expanded powers of entry.
Agriculture Legislation Amendment Act 2022 (No. 22/2022): a major amendment that rewrote many provisions concerning game meat and poultry meat. It inserted definitions of game meat, poultry meat, game processing facility, field depot, harvest vehicle. It substituted section 34 with a detailed prohibition on selling meat for human consumption, with separate rules for non-poultry, poultry, and game. It inserted section 37B (ban on sale of certain meat for pet food), substituted section 39 (branding) with new provisions for game meat, amended section 5 (exemptions for sale of packaged meat, and retail sale exemptions), and made numerous other changes.
Regulatory Legislation Amendment (Reform) Act 2024 (No. 6/2024): amended section 5 (inserted exemption for dried meat sold online), section 18 (amended mandatory and discretionary refusal grounds), inserted section 13F (revocation of codes of practice), and made various other changes to cross-references and definitions.
Agriculture and Food Safety Legislation Amendment Act 2024 (No. 44/2024): amended sections 57 (disclosure of confidential information), 66 (selection committee recommendations), and 16 (fit and proper person) as at 17 April 2025.

Litigation history

The Act itself does not cite any decided cases. Section 24 provides a right to apply to the Victorian Civil and Administrative Tribunal (VCAT) for review of certain decisions by PrimeSafe, including refusal to grant or renew a licence, imposition of conditions, variation, suspension or cancellation, refusal to approve alterations, refusal to approve an inspection service, and imposition or variation of audit restrictions. The decisions of VCAT may be appealed to the Supreme Court on a question of law. Section 74A allows the chief executive officer to apply to the Supreme Court for an enforcement order requiring compliance with a notice issued under section 74. Therefore, there is potential for litigation in VCAT and the Supreme Court, but the Act does not reference any specific cases. The transitional provisions (section 88) continue appeals that were pending under the repealed Abattoir and Meat Inspection Act 1973 and Poultry Processing Act 1968, indicating that there may have been litigation under those Acts that carried over. Under section 76, proceedings for offences under the Act may be instituted by the Chairperson of PrimeSafe or an authorised person, and such proceedings would be heard in the Magistrates' Court (or higher courts depending on penalty). Section 75 contains evidentiary presumptions about possession of meat for sale for human consumption. There is an enforcement mechanism through the Supreme Court (section 74A). The Act also provides for service of documents (section 77). Practitioners should note that the Act's provisions on fit and proper person (section 16) and the grounds for refusal (section 18) may give rise to judicial review or merits review. The definition of "associate" in section 16(3) is broad and could be litigated. The provisions on quality assurance program audits (section 12A) and the powers of inspectors (section 72) may also be the subject of legal challenge, particularly the power to enter and search (including vehicles) and to condemn meat. Section 71 requires inspectors to produce identity cards before exercising powers, and failure to do so may affect the validity of the exercise of power (section 71(3) imposes a penalty for non-production but does not state invalidity). There have likely been decisions of VCAT on licensing decisions, but the Act does not record them. For a complete picture, practitioners should consult Victorian case law databases and VCAT decisions under the Act and its predecessor legislation.

Gotchas

Several provisions in the Act can trip up the unwary. 1) The definition of butcher shop can exclude a shop selling meat: if more manufactured meat (or products that contain some or no meat) is sold than unmixed meat, the shop is not a butcher shop and therefore is not a meat processing facility. This means the Act's licensing and inspection requirements may not apply to that shop. Similarly, the definition of meat processing facility excludes a place or vehicle where more manufactured meat is sold than unmixed meat. Operators may assume they fall under the Act when they do not, or vice versa. 2) The online sale exemption for dried meat: section 5(1)(a)(iv) (inserted in 2024) provides that the entire Act does not apply to dried meat for sale online. This is a complete exemption, but only for dried meat. The definition of "dried meat" is not further defined, which may cause interpretive difficulties. 3) Quality assurance program exemptions are powerful: under section 11(3), a licensee with an approved quality assurance program is exempt from compliance with any requirement of the Act or regulations to the extent provided in the program under subsections (1)(d) or (e). This can effectively allow a licensee to bypass standard inspection and branding requirements, but only if the program is approved and not inconsistent with licence conditions (section 17(3)). 4) The fit and proper person test extends to associates: section 16(2) provides that a person is taken not to be fit and proper if an associate is not of good repute, or the person has a business association with a person not of good repute. The definition of associate (section 16(3)) includes anyone holding a relevant financial interest or relevant position, and any relative (spouse, domestic partner, parent, child, sibling). This can catch individuals who have no direct involvement but are connected to disreputable parties. 5) The CEO's notice power under section 74 requires no prior hearing: the CEO may issue a notice prohibiting use of a facility or vehicle after considering an inspector's report and if in the interests of public health. The notice takes effect on service (section 74(5)). There is no requirement for prior notice to the licensee or an opportunity to be heard before the notice is issued, though the CEO may specify conditions that must be met for the notice to cease (section 74(7)). This is a powerful tool that can stop operations immediately. 6) The definition of vehicle is extremely wide: it includes any conveyance designed to be propelled or drawn, including a bicycle, railway carriage, ship, aircraft, etc. This means that any mobile operation that slaughters or processes meat may be a meat processing facility and require a licence. 7) Mandatory refusal of licence: under section 18(1), PrimeSafe must refuse a licence if the applicant has not complied with section 14, has certain convictions (including under the Food Act 1984, Public Health and Wellbeing Act 2008, etc. if gravity sufficient), or if site or structures do not comply with prescribed minimum standards and the non-compliance is so serious as to warrant refusal (section 18(1)(d)). There is no discretion. 8) Exemptions by the Minister can be broad: section 5(2) allows the Minister to exempt a class of licensee or a class of meat processing facility from any provisions of the Act or regulations. This can be done by notice in the Government Gazette. There is no requirement for public consultation. 9) Offences with no fault element: many offences, such as operating an unlicensed facility (section 40) or failing to comply with licence conditions (section 41), do not explicitly require intention or knowledge. For example, section 40(1) says "A person must not operate a meat processing facility of any kind unless the person is licensed." This is a strict liability offence, though the penalty is high. 10) The interaction with the Export Control Act 2020: meat branded under that Commonwealth Act is exempt from the Act (section 5(1)(c)), and PrimeSafe does not have to provide inspection services for facilities licensed under that Act (section 6(1)). However, this exemption only applies to the Commonwealth scheme; if meat is not properly branded or exported, the Victorian Act applies. 11) Limited appeal rights: VCAT review is available only for specific decisions listed in section 24(1). Not all decisions are reviewable, such as refusal to approve a quality assurance program (except as part of a licence decision) or the imposition of monitoring requirements. **12) The Act does not apply to slaughter of poultry on a property for consumption on that property (section 5(4)), but there is no similar exemption for game. However, section 38(2) provides that the offence of slaughter at unlicensed premises does not apply to the slaughter of game. That means game can be slaughtered without a licence, but the meat must still be processed at a licensed facility if sold for human consumption.

How to comply

Compliance with the Meat Industry Act 1993 requires a structured approach tailored to the type of operation. Step 1: Determine whether the Act applies. Check the exemptions in section 5: if the meat is only for consumption on the farm where slaughtered (section 5(1)(b)), or is dried meat sold online (section 5(1)(a)(iv)), or is branded under the Commonwealth Export Control Act (section 5(1)(c)), or is sold by retail in impermeable hermetically sealed packaging from a licensed facility (section 5(1)(d)), the Act may not apply. Also check whether the facility falls within the definition of meat processing facility - notably, places where more manufactured meat than unmixed meat is sold are excluded. Step 2: Obtain a licence. Apply to PrimeSafe using the form approved by the Authority (section 14(2)). The application must include the name of the operator (if a corporation or partnership), and for a declared facility, a proposed quality assurance program. Provide evidence that the applicant and nominated operator are fit and proper persons under section 16. Ensure that the site, structures and facilities comply with prescribed minimum standards (section 18(1)(d)). If the facility is a vehicle, note that the planning/location ground for refusal does not apply. Pay the fee fixed by PrimeSafe. PrimeSafe must issue the licence as soon as possible after granting (section 17(6)). Step 3: Comply with licence conditions and any applicable Code of Practice. Read the licence carefully; conditions may regulate or prohibit activities (section 17(2)). Comply with any Code of Practice made under Part 3A (section 13E). If a quality assurance program is required (e.g., for a declared facility under section 10A), ensure it is approved and implemented. The program may exempt you from certain Act or regulation requirements (section 11(3)), but you must still comply with those not exempted. Step 4: Maintain records. Keep a record book as required by section 29. Record prescribed information and any additional information required by PrimeSafe. The record book must be available for inspection. Step 5: Allow inspection and testing. PrimeSafe must provide inspection services for licensed facilities (section 6(1)). Alternatively, an approved inspection service may be used. Cooperate with inspectors who have broad powers to enter, search, sample, seize and condemn (section 72). If the Secretary directs testing for chemicals or diseases (section 30), carry out those tests at an approved laboratory and do not destroy or remove animals. Step 6: Ensure meat is from licensed sources and properly inspected. When selling meat for human consumption, ensure it comes from a consumable animal slaughtered and processed at a licensed (or anther State/Territory authorised) facility, and that it has been inspected and branded (or certified) as fit for human consumption (section 34). For pet food, meat processed in Victoria must be inspected and comply with regulations (section 37B). Step 7: Brand meat correctly. Before supplying or removing meat from a facility, ensure it is branded as fit for human consumption (or certified under another jurisdiction) or made unusable (section 39). For game meat removed from a game processing facility (other than a field depot or harvest vehicle), similar branding requirements apply (section 39(1B)). Do not manufacture or possess brands without authorisation (section 39(2)). Step 8: Comply with transport requirements. If you use a vehicle to convey meat, carcasses or seafood for human consumption, check whether the regulations require that vehicle to be licensed under the regulations (section 42A). If so, obtain the licence and comply with its conditions (section 42B). Step 9: Pay fees. Pay inspection fees (section 9) and any other fees fixed by PrimeSafe. Failure to pay can lead to withdrawal of inspection services (section 9(3)) and is a ground for licence cancellation (section 22(2)(a)). Step 10: Stay informed of amendments and codes. The Act is frequently amended; monitor the Government Gazette and PrimeSafe publications for new Codes of Practice, declarations of listed diseases (section 4), and class exemptions (section 5(2)). Step 11: Seek review if necessary. If PrimeSafe makes a decision affecting your interests (refusal, conditions, suspension, cancellation, etc.), you may apply to VCAT within 28 days (section 24). Seek legal advice promptly. Step 12: Ensure operator compliance. If you are a corporation or partnership, ensure the nominated operator is fit and proper and carries out their functions under section 27 (general oversight, liaison, supervision of compliance). Note that the operator receives documents and directions on your behalf, but you remain liable (section 27(4)).