Animal Products (Ancillary and Transitional Provisions) Amendment Act 2002

1: Title
1: This Act is the Animal Products (Ancillary and Transitional Provisions) Amendment Act 2002.
2: In this Act, the Animal Products (Ancillary and Transitional Provisions) Act 1999 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Long Title amended
The Long Title of the principal Act is amended—
a: by omitting from paragraph (a) 1 November 2002 1 July 2006
b: by omitting from paragraph (d) 3-year period to 1 November 2002 period to 1 July 2006
4: General outline of this Act
1: Section 2(a) 1 November 2002 1 July 2006
2: Section 2(d) subparagraph (iii)
iii: provision of a staggered transitional period, ending with 30 June 2006, during which different classes of existing animal product businesses must register risk management programmes (subject to certain exceptions): .
5: Continued application of requirements of existing regimes
Section 3 1 November 2002 1 July 2006
6: Repeal of
Meat Act 1981 Section 5
a: by omitting from the section heading the expression 1 November 2002 1 July 2006
b: by omitting from both subsection (1) (2) 1 November 2002 1 July 2006
7: New
sections 9 10 The principal Act is amended by repealing sections 9 10
9: Existing businesses to register risk management programme by relevant staggered transition date
1: Except as provided in section 12 of this Act Animal Products Act 1999
a: 1 July 2003, in the case of operations other than rendering carried out by—
i: the licensed processors listed in Part 1 of Schedule 3A
ii: the licensed processors listed in Part 2 of Schedule 3A
iii: the licensed processors listed in Part 3 of Schedule 3A
b: 1 July 2004, in the case of operations carried out by—
i: all remaining businesses licensed under any of sections 15, 16, 18, 19, and 22 of the Meat Act 1981 Schedule 3B paragraph (a)
ii: all primary processors of ostriches, emus, and possums; and
iii: all renderers licensed under section 20(1)(b) of the Meat Act 1981
iv: all poultry meat primary processors; and
v: all egg processors who, as producers, are subject to paying a levy under the Commodity Levies (Eggs) Order 1999 (SR 1999/56)
c: 1 July 2005, in the case of operations carried out by—
i: all primary producers of eggs to whom paragraph (b)(v)
ii: all dual operator butchers; and
iii: all petfood processors licensed under section 20(1)(b) of the Meat Act 1981
iv: all processors of byproducts licensed under section 20(1)(c) of the Meat Act 1981
d: 1 July 2006, in the case of all other existing animal product businesses (including those specified in Schedule 3B
2: The processors, licensees, and business specified in Schedules 3A and 3B
3: Despite subsection (1) Part 2 of the Animal Products Act 1999
a: Part 2 of the Animal Products Act 1999
b: those operations must continue to be carried out in accordance with Part 2 of the Animal Products Act 1999
10: Application for registration should be made at least 3 months before relevant transition date
1: Where an existing animal product business has applied for registration of a risk management programme at least 3 months before the relevant transition date fixed for that business under section 9
2: Nothing in subsection (1)
a: the risk management programme was not properly submitted in accordance with sections 17 to 20 of the Animal Products Act 1999
b: any delay in registration of the programme is primarily attributable to any act or omission of the person submitting the programme for registration.
8: Persons who may issue official assurances during transitional period
Section 19 subsection (1)(a) (2) 1 November 2002 1 July 2003
9: New
section 19A The principal Act is amended by inserting, after section 19 Game estates
19A: Game estates must list within 6-month transitional period
Nothing in the Animal Products Act 1999
a: a game estate to be listed as such under Part 5A of that Act
b: a game estate operator to be listed as a homekill or recreational catch service provider under Part 6 of that Act until the expiry of the period of 6 months commencing on the date of commencement of the Animal Products Amendment Act 2002 Animal Products Act 1999 Part 5A or Part 6 of that Act
10: Dual operator butchers
Section 21(a) 1 November 2002 1 July 2005
11: Part 3A of Meat Act 1981 Section 23(1) 31 October 2002 30 June 2006
12: Avoidance of application of 2 separate cost recovery regimes in respect of single plant
Section 24(8) paragraph (b)
b: on the relevant transition date fixed under section 9 .
13: Regulations in respect of transitional matters
1: Section 25(1) 31 October 2002 30 June 2006
2: Section 25(3) paragraph (a)
a: apply at any time during the transitional period ending with the close of 30 June 2006: .
14: Standardisation of requirements under different Acts during transitional period
Section 27(a) 3-year transitional period ending with 31 October 2002 transitional period ending with 30 June 2006
15: Records under
Meat Act 1981 Section 28 3-year transitional period ending with 31 October 2002 transitional period ending with 30 June 2006
16: New
section 29A
1: The principal Act is amended by inserting, after section 29
29A: Non-Ministry personnel acting as inspectors under
Meat Act 1981 Where any person who is not an employee or officer of the Ministry is for any purpose treated as or deemed to be an inspector appointed under the Meat Act 1981 regulation 4(2)(b) of the Animal Products (Ancillary and Transitional Provisions) Regulations 2000 Animal Products Act 1999
a: that person is not for that reason to be treated as an employee of the Ministry, and the Crown is not liable as employer of that person for any act or omission of the person in relation to the purposes for which the person is treated as or deemed to be an inspector; and
b: any liability of the person's actual employer in their capacity as employer of the person is unaffected.
2: This section is deemed to have come into force on 20 November 2000.
3: This section does not apply for the purposes of any legal proceedings commenced before 18 December 2001.
17: Part 4 The heading to Part 4 1 November 2002 1 July 2006
18: Expiry of
Part 5 Section 74 1 November 2002 1 July 2006
19: Schedule 1 The heading of Schedule 1 1 November 2002 1 July 2006
20: New
Schedules 3A 3B The principal Act is amended by inserting, after Schedule 3 Schedules 3A 3B Amendment to
Meat Act 1981
21: Lapse of remaining licences on repeal of this Act
Section 43AC of the Meat Act 1981 1 November 2002 the close of 30 June 2006