O'Sullivan v Noarlunga Meat Ltd [1954] HCA 29

High Court of Australia Dixon C.J. McTiernan, Webb, Fullagar, Kitto and Taylor JJ. O'Sullivan v Noarlunga Meat Ltd [1954] HCA 29

ORDER The questions in the special case dated 29th March 1954 which special case stood removed into this Court under s. 40A of the Judiciary Act 1903-1950 are answered as follows:—Question 1—No.Question 2—No. With these answers the cause is remitted to the special magistrate of the Court of Summary Jurisdiction at Adelaide. The complainant to pay the costs of the special case.

Cur. adv. vult.

The following written judgments were delivered:—

Dec. 17 Dixon C.J.

I have had the advantage of reading the judgment of Fullagar J. and agree in it.

McTiernan J.

This is a case stated under the Justices Act 1921-1943 S.A. and removed into this Court pursuant to s. 40A of the Commonwealth Judiciary Act 1903-1950. The first question, as framed by the magistrate, is whether s. 52a of the Metropolitan and Export Abattoirs Act 1936-1952 S.A. is a valid and operative enactment. The enactment of this section is within the constitutional power of South Australia. The question to be answered is really whether the section is inconsistent within the meaning of s. 109 of the Commonwealth Constitution with any law of the Commonwealth. The material laws of the Commonwealth are the Commerce (Meat Export) Regulations, Pt. II. This Part is headed "Registration of Premises and Standard Requirements Therefor". Regulation 5 is in these terms: "All establishments used for the slaughter, treatment and storage of meat, meat products or edible offal for export shall be registered". Regulation 6 prescribes the form of an application for registration. This regulation also directs the secretary of the Commonwealth Department of Commerce and Agriculture to issue to an approved applicant a certificate of registration specifying the operations which may be conducted in the establishment to which it refers and the conditions to be observed. The standard requirements for registered premises are dealt with by at least thirty-seven detailed regulations. These regulations refer to existing premises and premises to be erected. Comparatively few are prescribed for the former but there is also a general condition that such premises conform as far as practicable to the requirements prescribed for new premises seeking registration. The first relates to site. This regulation has in view facilities for drainage and distance from possible sources of infection and from public roads. The standards pertaining to the matter of site are not concerned with suitability having regard to the neighbourhood or the effect of starting a meat works on its amenities. The remainder of the standards apply to such matters as the planning and internal arrangements of the premises including the pens in which the beasts are to be kept; chilling, freezing and cool storage; employees' accommodation; ventilation, wire fly-netting, lighting; sanitation and hygiene. Regulation 49 authorizes the secretary of the Department to relax the prescribed standards in certain respects if "the sanitary objectives aimed at by this Part (of the regulations) will be attained".