3Definitions

3 Definitions (1) In this Act— S. 3(1) def. of *abattoir* amended by No. 40/2019 s. 60(1). ***abattoir*** means— (a) a place used for slaughter of consumable animals for human consumption; or (ab) a vehicle 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, vehicle or equipment (including equipment to deal with offal or condemned meat) used in connection with a place referred to in paragraph (a) or a vehicle referred to in paragraph (ab) 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; S. 3(1) def. of *Authority* amended by No. 24/2003 s. 63(1). ***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; S. 3(1) def. of *butcher shop* inserted by No. 98/1997 s. 25(1)*,* amended by No. 24/2003 s. 64(3). ***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; S. 3(1) def. of *chief veterinary officer* amended by Nos 46/1998 s. 7(Sch. 1), 56/2003 s. 11(Sch. item 10.1), 70/2013 s. 4(Sch. 2 item 30.1), 22/2022 s. 196(1)(b), 6/2024 s. 43(a). ***chief veterinary officer*** means the chief veterinary officer of the Department of Energy, Environment and Climate Action; S. 3(1) def. of *Code of Practice* inserted by No. 24/2003 s. 64(1). ***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; S. 3(1) def. of *declared facility* inserted by No. 98/1997 s. 25(1). ***declared facility*** means a premises that is of a class that has been declared under section 10A; S. 3(1) def. of *domestic partner* inserted by No. 72/2001 s. 3(Sch. item 10.1), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 40.1). ***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; S. 3(1) def. of *farm* substituted by No. 22/2022 s. 196(1)(c). ***farm*** means land that is used for the primary production of animals; S. 3(1) def. of *field depot* inserted by No. 22/2022 s. 196(1)(a). ***field depot*** means a game processing facility used in the wild to store game meat temporarily under refrigeration before its transport to another game processing facility; S. 3(1) def. of *Finance Minister* inserted by No. 28/2007 s. 3(Sch. item 42.1). ***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; S. 3(1) def. of *game meat* inserted by No. 22/2022 s. 196(1)(a). ***game meat*** means meat that comes from game; ***game processing facility*** means a meat processing facility for game; S. 3(1) def. of *general meat processing facility* amended by Nos 98/1997 s. 25(2), 40/2019 s. 60(2). ***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 or vehicle 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 or vehicle that is solely used to store food in a chilled or frozen state; S. 3(1) def. of *harvest vehicle* inserted by No. 22/2022 s. 196(1)(a). ***harvest vehicle*** means a game processing facility used in the wild to transport game meat to another game processing facility; S. 3(1) def. of *inspector* amended by No. 115/1994 s. 142(Sch. 2 item 5.1) (as amended by No. 73/1996 s. 48(g)(i)). ***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; S. 3(1) def. of *legally qualified medical practitioner* repealed by No. 23/1994 s. 118(Sch. 1 item 36.1(a)). ***licence*** means licence under Part 4; S. 3(1) def. of *licensed meat transport vehicle* inserted by No. 98/1997 ***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; S. 3(1) def. of *manufac-tured meat* inserted by No. 98/1997 s. 25(1). ***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; S. 3(1) def. of *meat processing facility* amended by Nos 98/1997 s. 25(3)*,* 24/2003 s. 64(4). ***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; S. 3(1) def. of *meat transport vehicle* inserted by No. 98/1997 s. 19, amended by No. 6/2024 s. 43(b). ***meat transport vehicle*** means a vehicle used for the conveyance of any carcass, meat or seafood intended for human consumption; ***offal*** means any part of a consumable animal not ordinarily used for human consumption; S. 3(1) def. of *own* inserted by No. 98/1997 ***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; S. 3(1) def. of *pet food processing facility* amended by Nos 24/2003 s. 64(5), 40/2019 s. 60(3). ***pet food processing facility*** means— (a) a knackery; or (b) a place or vehicle (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; S. 3(1) def. of *police officer* inserted by No. 37/2014 s. 10(Sch. item 109.1). ***police officer*** has the same meaning as in the **Victoria Police Act 2013**; ***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; S. 3(1) def. of *poultry meat* inserted by No. 22/2022 s. 196(1)(a). ***poultry meat*** means meat that comes from poultry; ***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; S. 3(1) def. of *registered medical practitioner* inserted by No. 23/1994 s. 118(Sch. 1 item 36.1(b)), amended by No. 97/2005 s. 182(Sch. 4 item 35), substituted by No. 13/2010 s. 51(Sch. item 36). ***registered medical practitioner*** means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student); S. 3(1) def. of *retail butcher shop* repealed by No. 98/1997 s. 25(4). S. 3(1) def. of *seafood* inserted by No. 24/2003 s. 64(2)*.* ***seafood*** has the same meaning as in section 3 of the **Seafood Safety Act 2003**; S. 3(1) def. of *Secretary* amended by Nos 46/1998 s. 7(Sch. 1), 56/2003 s. 11(Sch. item 10.1), 70/2013 s. 4(Sch. 2 item 30.2), 22/2022 s. 196(1)(d), 6/2024 s. 43(c). ***Secretary*** means the Secretary to the Department of Energy, Environment and Climate Action; S. 3(1) def. of *Secretary to the Department of Health* inserted by No. 29/2010 s. 64(1)*.* ***Secretary to the Department of Health*** means the Department Head (within the meaning of the **Public Administration Act 2004**) of the Department of Health; S. 3(1) def. of *sell* substituted by No. 24/2003 s. 64(6). ***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**; S. 3(1) def. of *spouse* inserted by No. 72/2001 s. 3(Sch. item 10.1). ***spouse*** of a person means a person to whom the person is married; S. 3(1) def. of *unmixed meat* inserted by No. 98/1997 s. 25(1). ***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; S. 3(1) def. of *vehicle* inserted by No. 98/1997 ***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. S. 3(1A) inserted by No. 46/1998 s. 7(Sch. 1), amended by Nos 56/2003 s. 11(Sch. item 10.2), 108/2004 s. 117(1) (Sch. 3 item 125.1), 70/2013 s. 4(Sch. 2 item 30.3), repealed by No. 22/2022 s. 196(2). S. 3(2) repealed by No. 98/1997 s. 25(5), new s. 3(2) inserted by No. 72/2001 s. 3(Sch. item 10.2), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 40.2). (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.