5Act not to apply in certain cases

5 Act not to apply in certain cases (1) This Act does not apply to— (a) meat from a consumable animal if the meat is— (i) in a dwelling; or S. 5(1)(a)(ii) repealed by No. 98/1997 s. 26(a). (iii) dried meat in a retail shop; or S. 5(1)(a)(iv) repealed by No. 22/2022 s. 197(1)(a), new s. 5(1)(a)(iv) inserted by No. 6/2024 s. 44(1). (iv) dried meat for sale online; or (b) the slaughter of an animal on a farm if— (i) it is slaughtered for consumption on that farm; and (ii) it is not slaughtered for sale; and (iii) it is not slaughtered for use in the preparation of food for sale; and S. 5(1)(b)(iv) amended by No. 22/2022 s. 197(1)(b). (iv) it is not removed from that farm; or S. 5(1)(c) amended by Nos 22/2022 s. 197(1)(c), 6/2024 s. 44(2). (c) meat to which a brand has been applied in accordance with the Export Control Act 2020 of the Commonwealth as amended and in force for the time being; or S. 5(1)(d) inserted by No. 22/2022 s. 197(1)(d). (d) the sale of meat from a consumable animal if— (i) the sale is either— (A) a retail sale; or (B) a sale by wholesale by a person or body, being a person or body engaged in retail sale of that type of meat, to another person or body for the purpose of retail sale by that other person or body; and (ii) the meat has been processed, packaged for retail sale in Australia and labelled at one or more— (A) licensed meat processing facilities; or (B) places licensed or authorised for that purpose in accordance with the laws of another State or a Territory; and (iii) the meat is contained inside impermeable and hermetically sealed packaging; and (iv) the meat— (A) in the case of a retail sale, has not been repackaged; or (B) in the case of a sale by wholesale, is not intended to be repackaged before retail sale; or S. 5(1)(e) inserted by No. 22/2022 s. 197(1)(d). (e) the handling, storage or transport of meat from a consumable animal if— (i) the handling, storage or transport is incidental to— (A) retail sale of the meat; or (B) wholesale of the meat by a person or body, being a person or body engaged in retail sale of that type of meat, to another person or body for the purpose of retail sale by that other person or body; and (ii) the meat has been processed, packaged for retail sale in Australia and labelled at one or more— (A) licensed meat processing facilities; or (B) places licensed or authorised for that purpose in accordance with the laws of another State or a Territory; and (iii) the meat is contained inside impermeable and hermetically sealed packaging; and (iv) the meat has not been, and is not intended to be, repackaged before retail sale. S. 5(2) amended by No. 98/1997 s. 26(b), substituted by No. 53/2001 s. 3. (2) The Minister, by notice published in the Government Gazette— S. 5(2)(a) amended by No. 22/2022 s. 197(2). (a) may exempt a class of licensee from any of the provisions of this Act or the regulations; S. 5(2)(b) amended by No. 22/2022 s. 197(2). (b) may exempt a class of meat processing facility from this Act or the regulations or from any provisions of this Act or the regulations. (3) The notice must specify the extent of the exemption. (4) This Act does not apply to the slaughter of poultry on a property if— (a) it is slaughtered for consumption on that property; and (b) it is not slaughtered for sale; and (c) it is not slaughtered for use in the preparation of food for sale; and (d) it is not removed from that property. S. 5(5) repealed by No. 6/2024 s. 44(3). S. 5(6) repealed by No. 6/2024 s. 44(4). S. 5(7) repealed by No. 84/2001 s. 8.