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This is a Bill, not an Act. For current law, see the Acts databases.
1998-1999-2000
The
Parliament of the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Horticulture
Marketing and Research and Development Services (Repeals and Consequential
Provisions) Bill 2000
No. ,
2000
(Agriculture, Fisheries and
Forestry)
A Bill for an Act to deal with
matters consequential on the enactment of the Horticulture Marketing and
Research and Development Services Act 2000, and for related
purposes
ISBN: 0642 451877
Contents
Australian Horticultural Corporation Act
1987 35
Horticultural Research and Development Corporation Act
1987 35
Freedom of Information Act
1982 36
Natural Heritage Trust of Australia Act
1997 36
Primary Industries (Customs) Charges Act
1999 36
Primary Industries (Excise) Levies Act
1999 38
Safety, Rehabilitation and Compensation Act
1988 39
Horticulture Marketing and Research and Development Services Act
2000 40
Horticulture Marketing and Research and Development Services Act
2000 41
A Bill for an Act to deal with matters consequential on
the enactment of the Horticulture Marketing and Research and Development
Services Act 2000, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Horticulture Marketing and Research and
Development Services (Repeals and Consequential Provisions) Act
2000.
(1) Subject to this section, this Act commences at the same time as
Part 2 of the Horticulture Marketing and Research and Development
Services Act 2000.
(2) Schedules 1 (repeals) and 2 (consequential amendments) commence
on the transfer day, immediately after the transfer of assets, liabilities and
staff under Part 2.
Note: See sections 12 and 13 for the transfer day, and
the time at which the transfer occurs.
(3) Schedule 3 (references to Administrative Appeals Tribunal)
commences at the later of:
(a) the time when Parts 4 to 10 of the Act that establishes the
Administrative Review Tribunal commence; and
(b) the time immediately after the Horticulture Marketing and Research
and Development Services Act 2000 receives the Royal Assent.
Note: The short title of the Act that establishes the
Administrative Review Tribunal is either the Administrative Review Tribunal
Act 2000 or the Administrative Review Tribunal Act
2001.
(4) Schedule 4 (operation of the Privacy Act) commences at the later
of:
(a) the time when Schedule 1 to the Privacy Amendment (Private
Sector) Act 2000 commences; and
(b) the time immediately after the Horticulture Marketing and Research
and Development Services Act 2000 receives the Royal Assent.
The following is a simplified outline of this Act:
This Act deals with the transition from the Australian Horticultural
Corporation, Horticultural Research and Development Corporation and the
Australian Dried Fruits Board to new bodies. The new bodies are those declared
under the Horticulture Marketing and Research and Development Services Act
2000.
The Minister must determine a transfer day (see
section 12).
On the transfer day assets, liabilities and staff of the Corporations and
the Board are transferred to the new industry services body (see
Divisions 2, 3 and 4 of Part 2).
The system of export controls in place under the Australian
Horticultural Corporation Act 1987 is kept in place for a maximum period of
2 years after the transfer day. Export controls on particular products can be
phased out during the 2 year period, as controls on those products are brought
in under the Horticulture Marketing and Research and Development Services Act
2000 (see Division 5 of Part 2 of this Act).
The Australian Horticultural Corporation Act 1987 and the
Horticultural Research and Development Corporation Act 1987 are repealed
once the assets, liabilities and staff of the bodies established by those Acts
have been transferred to the new industry services body (see Schedule 1 to
this Act).
(1) In this Act, unless the contrary intention appears:
ADF Trust Amount has the meaning given by
section 17.
APS employee has the same meaning as in the Public Service
Act 1999.
assets means any legal or equitable estate or interest of the
authority in real or personal property (whether actual, contingent or
prospective) and includes all rights, powers, privileges and immunities (whether
actual, contingent or prospective).
assets official means a person or authority who, under a law,
has responsibility for keeping a register in relation to assets of the kind
concerned.
award has the same meaning as in the Workplace Relations
Act 1996.
combined service period, in relation to an employee, means
the total of:
(a) the period that is, immediately before the transfer day, the
employee’s period of service for the purposes of the Long Service Leave
Act; and
(b) the period, during which the employee continues to be an employee of
the industry services body.
DFRDB Act means the Defence Force Retirement and Death
Benefits Act 1973.
Dried Fruits Trust has the meaning given by
section 17.
employee, in relation to a statutory authority, means a
person who was, immediately before the transfer day, an officer or an employee
of the authority, and includes the Chief Executive Officer, Managing Director or
General Manager of the authority.
industry export control body means the body for the time
being declared to be the industry export control body under the Horticulture
Marketing and Research and Development Services Act 2000.
industry services body means the body for the time being
declared to be the industry services body under the Horticulture Marketing
and Research and Development Services Act 2000.
law means:
(a) a law of the Commonwealth or of a State or Territory; or
(b) regulations or any other instrument (other than an award,
determination or industrial agreement) made under such a law.
liabilities means all liabilities, duties and obligations,
whether actual, contingent or prospective.
Long Service Leave Act means the Long Service Leave
(Commonwealth Employees) Act 1976, as in force immediately before the
transfer day.
Maternity Leave Act means the Maternity Leave
(Commonwealth Employees) Act 1973, as in force immediately before the
transfer day.
post-commencement long service leave rights, in relation to
an employee, means any long service leave rights the employee acquires on or
after the transfer day under an award, determination, industrial agreement or
law (other than this Act).
previous employer, in relation to a transferred
employee, means the statutory authority that employed the employee immediately
before the transfer day.
SRC Act means the Safety, Rehabilitation and Compensation
Act 1988, as in force immediately before the transfer day.
statutory authority means:
(a) the Australian Horticultural Corporation; or
(b) the Horticultural Research and Development Corporation; or
(c) the Australian Dried Fruits Board.
transfer day means the day specified by the Minister as the
transfer day in a determination under section 12.
transferred employee means a person whose employment is
transferred under section 24.
transitional period means the period of 24 months beginning
on the transfer day.
(2) Expressions used in this Act that are defined in the Horticulture
Marketing and Research and Development Services Act 2000 have the same
meanings as they have in that Act.
(3) Expressions used in Subdivision F of Division 4 of Part 2
that are defined in the Long Service Leave Act have the same meanings as they
have in that Act.
This Act binds the Crown in each of its capacities.
This Act applies both within and outside Australia.
Subject to section 2, each Act that is specified in a Schedule to
this Act is amended or repealed as set out in the applicable items in the
Schedule concerned, and any other item in a Schedule to this Act has effect
according to its terms.
The following is a simplified outline of this Division:
This Division sets out the role of the Australian Horticultural
Corporation, the Horticultural Research and Development Corporation and the
Australian Dried Fruits Board in the transition to the new industry
bodies.
(1) It is a function of each statutory authority to plan, facilitate and
participate in:
(a) its abolition under this Act; and
(b) the establishment of the first industry services body and the first
industry export control body under the Horticulture Marketing and Research
and Development Services Act 2000; and
(c) the implementation of this Act.
(2) Each statutory authority also has the function of providing funds to
another person or body (including the Commonwealth) to meet, or reimburse the
person or body for, expenses or liabilities it incurs in participating in
processes of the kind mentioned in subsection (1).
(3) A statutory authority must comply with any written directions from the
Minister about the performance of its functions under subsection (1) or
(2).
This Division is repealed at the time the Australian Horticultural
Corporation Act 1987 and the Horticultural Research and Development
Corporation Act 1987 are repealed.
The following is a simplified outline of this Division:
This Division provides for the Minister to determine the transfer
day.
(1) The Minister must determine, in writing, that a specified day is the
transfer day for the purposes of this Act.
(2) The day:
(a) must not be a day before both of the following declarations have taken
effect under section 9 of the Horticulture Marketing and Research and
Development Services Act 2000:
(i) the first declaration of the industry services body;
(ii) the first declaration of the industry export control body;
and
(b) must be a day within the period of 6 months after the commencement of
this section.
(3) The determination has effect accordingly.
(4) A copy of the determination is to be published in the Gazette
within 14 days after the determination is made.
(5) The determination can be varied or revoked by the Minister in the same
manner in which it was made, but it cannot be varied or revoked on or after the
day specified in the determination as the transfer day.
(6) The determination is not invalid merely because it has not been
published as required under subsection (4).
Any transfer occurring under this Part is taken to occur immediately
after the end of the day before the transfer day.
The following is a simplified outline of this Division:
On the transfer day, the assets and liabilities of the 3 statutory
authorities vest in the new industry services body.
Special provision is made for the transfer of certain money of the
Australian Dried Fruits Board (see section 17).
Transfers are not subject to taxation (see section 19).
Other transitional matters (such as the transfer of records, outstanding
money and legal proceedings) are also dealt with.
The deed of agreement may contain conditions relating to an asset or
liability, or a class of assets or liabilities, transferred to the industry
services body under this Act.
Note: The Horticulture Marketing and Research and
Development Services Act 2000 and the of deed of agreement provide for the
consequences of a breach of the deed by the industry services body (see
sections 10, 16 and 27 of that Act, and the provisions of the
deed).
(1) This section applies to:
(a) the assets of a statutory authority (other than the ADF Trust Amount);
and
(b) the liabilities of a statutory authority (other than a liability
referred to in section 28).
Note: The transfer of the ADF Trust Amount is dealt with in
section 17.
(3) On the transfer day:
(a) the assets and liabilities cease to be assets and liabilities of the
authority and become assets and liabilities of the industry services body
without any conveyance, transfer or assignment; and
(b) the industry services body becomes the statutory authority’s
successor in law in relation to the assets and liabilities immediately after
they become assets and liabilities of the industry services body.
Note: See also sections 18 and 21.
(1) The Minister may determine, in writing, that:
(a) a particular amount of money of the Australian Dried Fruits Board is
the ADF Trust Amount for the purposes of this section;
and
(b) a particular trust is the Dried Fruits Trust for the
purposes of this section.
(2) If the Minister has made a determination under subsection (1)
before the transfer day, the ADF Trust Amount vests in the trustees on the
transfer day and is held on trust by the trustees for the purposes of the Dried
Fruits Trust.
(3) If the ADF Trust Amount is transferred under subsection (2), it
vests in the trustees without any conveyance, transfer or assignment.
(4) A copy of the determination is to be published in the Gazette
within 14 days after the determination is made.
(5) The determination is not invalid merely because it has not been
published as required under subsection (4).
(1) This section applies if, as a result of a transfer under this Act, a
person (the successor) becomes the successor in law of another
person (the original person) at a particular time in relation to a
particular asset, liability, right, benefit or obligation.
(2) If any proceedings to which the original person was a party:
(a) were pending in any court or tribunal immediately before that time;
and
(b) related, in whole or in part, to the asset, liability, right, benefit
or obligation, as the case may be;
the successor is, by force of this subsection, substituted for the original
person as a party to the proceedings to the extent to which the proceedings
relate to the asset, liability, right, benefit or obligation, as the case
requires.
Stamp duty or other tax is not payable under a law of a State or
Territory in respect of:
(a) a transfer of an asset or liability of a statutory authority under
this Act; or
(b) anything done (including a transaction entered into or an instrument
or document made, executed, lodged or given) because of, or for a purpose
connected with or arising out of, such a transfer.
(1) An instrument to which subsection (2) applies continues to have
effect on and after the transfer day as if a reference in the instrument to the
statutory authority were a reference to the industry services body.
(2) This subsection applies to an instrument if it is:
(a) in operation immediately before the transfer day; and
(b) is an instrument:
(i) to which a statutory authority is a party; or
(ii) which was given to, or in favour of, a statutory authority;
or
(iii) in which a reference is made to a statutory authority; or
(iv) under which any right or liability accrues or may accrue to a
statutory authority.
(1) This section applies if:
(a) an asset (other than money) becomes an asset of the industry services
body under this Division; and
(b) there is lodged with an assets official a certificate that:
(i) is signed by the Secretary; and
(ii) identifies the asset; and
(iii) states that the asset has become an asset of the body under this
Division.
Note: For the meaning of assets official, see
section 4.
(2) The assets official may:
(a) deal with, and give effect to, the certificate as if it were a proper
and appropriate instrument for transactions in relation to assets of that kind;
and
(b) make such entries in the register as are necessary, having regard to
the effect of this Division.
(3) A document that appears to be a certificate under subsection (1)
is taken to be such a certificate, and to have been properly given, unless the
contrary is established.
(1) Amounts equal to the following are to be paid to the industry services
body:
(a) amounts of levy or charge that are received by the Commonwealth, but
not paid out of the Consolidated Revenue Fund under the Australian
Horticultural Corporation Act 1987 or the Horticultural Research and
Development Corporation Act 1987, before the transfer day;
(b) amounts that are payable to the Horticultural Research and Development
Corporation under section 46 of the Horticultural Research and
Development Corporation Act 1987, but not paid out of the Consolidated
Revenue Fund under that Act, before the transfer day;
(c) amounts that:
(i) are payable to the Australian Horticultural Corporation or the
Australian Dried Fruits Board by virtue of section 47 or 115Q of the
Australian Horticultural Corporation Act 1987, or to the Horticultural
Research and Development Corporation by virtue of section 45 of the
Horticultural Research and Development Corporation Act 1987;
and
(ii) are not covered by paragraph (a); and
(iii) are not paid out of the Consolidated Revenue Fund under that Act
before the transfer day.
(2) Amounts payable under this section are to be paid out of the
Consolidated Revenue Fund, which is appropriated accordingly.
(3) In this section:
charge means:
(a) charge imposed by subclause 2(1) of Schedule 10 to the Primary
Industries (Customs) Charges Act 1999 at a rate set under subclause 3(3),
3(4) or 3(5) of that Schedule; and
(b) amounts a person is liable to pay under subsection 7(3) of the
Primary Industries Levies and Charges Collection Act 1991; and
(c) amounts payable by way of penalty under section 15 of the
Primary Industries Levies and Charges Collection Act 1991 in relation to
charge referred to in paragraph (a) and amounts referred to in
paragraph (b).
levy means:
(a) levy imposed under subclause 2(1) of Schedule 15 to the
Primary Industries (Excise) Levies Act 1999 at a rate set under subclause
4(1), 4(2) or 4(3) of that Schedule; and
(b) amounts a person is liable to pay under subsection 7(2) of the
Primary Industries Levies and Charges Collection Act 1991; and
(c) amounts payable by way of penalty under section 15 of the
Primary Industries Levies and Charges Collection Act 1991 in relation to
levy referred to in paragraph (a) and amounts referred to in
paragraph (b).
The following is a simplified outline of this Division:
On the transfer day, the staff of the 3 statutory authorities are
transferred to the new industry services body on the same terms and conditions,
and with the same accrued entitlements, that they had before the transfer (see
section 25).
The terms and conditions on which the staff are transferred can be varied
after the transfer (see section 26).
Other provisions deal with the application of certain Commonwealth Acts
(such as superannuation Acts and the Maternity Leave Act).
On the transfer day, each employee of a statutory authority ceases to be
employed by the statutory authority and is taken to have been engaged as an
employee of the industry services body immediately after that
cessation.
(1) A transferred employee is taken:
(a) to have been engaged by the industry services body on the same terms
and conditions as those that applied to the person, immediately before the
transfer day, as an employee of the previous employer; and
(b) to have accrued an entitlement to benefits, in connection with that
engagement by the industry services body, that is equivalent to the entitlement
that the person had accrued, as an employee of the previous employer,
immediately before the employee’s transfer time.
Note: For previous employer, see
section 4.
(2) The service of a transferred employee as an employee of
the industry services body is taken, for all purposes, to have been continuous
with the service of the employee, immediately before the transfer day, as an
employee of the previous employer.
(3) A transferred employee is not entitled to receive any
payment or other benefit merely because he or she stopped being an employee of
the previous employer as a result of this Division.
(4) This section:
(a) has effect subject to this Division; and
(b) is not to be taken to be a law of the Commonwealth for the purposes of
paragraph 170XA(2)(b) of the Workplace Relations Act 1996.
(1) This Division does not prevent the terms and conditions of a
transferred employee’s employment after the transfer day from being
varied:
(a) in accordance with those terms and conditions; or
(b) by or under a law, award, determination or agreement.
(2) In this section:
vary, in relation to terms and conditions,
includes:
(a) omitting any of those terms and conditions; or
(b) adding to those terms and conditions; or
(c) substituting new terms or conditions for any of those terms and
conditions.
The SRC Act continues to apply on and after the transfer day in relation
to:
(a) injuries suffered before that time by an employee of a statutory
authority; and
(b) loss of, or damage to, property incurred before that time by an
employee of a statutory authority.
On and after the transfer day, the Commonwealth:
(a) is liable to pay the liabilities of the statutory authorities under
section 128A of the SRC Act; and
(b) subject to section 29, is taken to have been the employer of the
employees of the statutory authorities before the transfer day for the purposes
of the application of the SRC Act in relation to those liabilities.
(1) If a transferred employee had, before the transfer day, suffered an
injury resulting in an incapacity for work or an impairment, the
employee’s employer must, after that time, provide such reasonable
co-operation and assistance as the Commonwealth requires to enable the
Commonwealth to fulfil its obligations under sections 36, 37, 38, 39, 41
and 41A of the SRC Act in relation to the transferred employee.
(2) On and after the transfer day, the industry services body is, for the
purposes of section 40 of the SRC Act, taken to be the relevant employer of
each transferred employee employed by the industry services body.
(3) On and after the transfer day, the industry services body is, for the
purposes of applying section 71 of the SRC Act in relation to each
transferred employee, taken to be a Commonwealth authority.
(4) Expressions used in this section have the same meanings as they have
in the SRC Act.
(1) The Safety, Rehabilitation and Compensation Commission must, as soon
as practicable after the transfer day, determine the amount (if any) by which
the confirmed estimate of premium for each statutory authority for the relevant
financial year should be reduced.
(2) If:
(a) an amount equal to the confirmed estimate of premium for a statutory
authority for the relevant financial year has been paid to the Commonwealth
under section 96G of the SRC Act; and
(b) the amount of the confirmed estimate of premium is reduced as a result
of a determination under subsection (1);
the Secretary may, in writing, direct that an amount equal to the refund
amount, or amounts that together add up to the refund amount, be paid to the
industry services body in accordance with the direction.
(3) A direction by the Secretary may be given subject to such conditions
(if any) about the use or expenditure of the amount or amounts to which it
relates as are set out in the direction.
(4) If the Secretary gives a direction, the amount or amounts to which it
relates are payable out of the Consolidated Revenue Fund, which is appropriated
accordingly, to the industry services body.
(5) The payment of an amount under subsection (4) must be made in
accordance with the direction, and is subject to the conditions (if any) set out
in the direction.
(6) A copy of each direction must be published in the Gazette
within 14 days after the direction is given.
(7) The direction is not invalid merely because it has not been published
as required under subsection (6).
(8) In this section:
refund amount means the amount equal to the difference
between the amount of confirmed estimate of premium for a statutory authority
for the relevant financial year and the amount of that confirmed estimate as
reduced because of a determination under subsection (1).
relevant financial year means the financial year in which the
transfer day occurs.
(9) Expressions used in this section have the same meanings as they have
in the SRC Act.
(1) This section applies to a transferred employee of the industry
services body if, immediately before the transfer day, the employee was a person
to whom deferred benefits were applicable under section 78 of the DFRDB
Act.
(2) For the purposes of Division 3 of Part IX of the DFRDB Act,
the employee is taken to continue in public employment on and after the transfer
day while the employee continues to be employed by the industry services
body.
(3) This section is subject to Division 3 of Part IX of the
DFRDB Act.
(1) This section applies in relation to a person if:
(a) immediately before the transfer day, the person was a female employee
of a statutory authority who was on leave granted under the Maternity Leave Act;
and
(b) the person becomes an employee of the industry services body on the
transfer day; and
(c) the person would have been entitled to have remained on that leave on
and after the transfer day if the person had continued to be an employee of the
statutory authority.
(2) On and after the transfer day, the Maternity Leave Act continues to
apply to the person in relation to the confinement in respect of which the leave
was granted as if the industry services body were a prescribed authority for the
purposes of that Act.
(1) This section applies in relation to a person if:
(a) immediately before the transfer day, the person was a female employee
of a statutory authority; and
(b) the person becomes an employee of the industry services body on the
transfer day; and
(c) within 9 months after the transfer day, the person would have been
entitled to start leave granted under the Maternity Leave Act if the person had
continued to be an employee of the statutory authority.
(2) On and after the transfer day, the Maternity Leave Act continues to
apply to the person in relation to the confinement in respect of which she would
have been entitled to leave as if the industry services body were a prescribed
authority for the purposes of that Act.
Section 145 of the Superannuation Act 1922 does not apply in
relation to the industry services body.
The industry services body is not an approved authority for the purposes
of the Superannuation Act 1976 or the Superannuation Act
1990.
(1) The Minister must not declare the industry services body to be a
relevant body for the purposes of the Superannuation Benefits (Supervisory
Mechanisms) Act 1990.
(2) In this section:
Minister has the same meaning as in the Superannuation
Benefits (Supervisory Mechanisms) Act 1990.
(1) This section applies in relation to a person:
(a) who became a transferred employee of the industry services body on the
transfer day; and
(b) whose period of service for the purposes of the Long Service Leave Act
immediately before the transfer day was less than 10 years.
(2) This section does not apply in relation to an employee who
dies.
(3) If the employee continues to be employed by the industry services body
until his or her combined service period is at least 10 years, the industry
services body may grant the employee long service leave on full salary for a
period up to the employee’s long service leave credit under subsection
40(1).
(4) If:
(a) the employee stops being an employee of the industry services body on
or after reaching the minimum retiring age, or because of retrenchment;
and
(b) the employee’s combined service period at the time when he or
she stops being an employee of the industry services body is at least one
year;
the industry services body may grant the employee long service leave on
full salary for a period up to the employee’s long service leave credit
under subsection 40(1).
(5) If a period of long service leave may be granted to an employee under
subsection (3) or (4), the industry services body may, if the employee asks
in writing, grant the employee long service leave on half salary for a period
not longer than twice the first-mentioned period.
(6) Long service leave granted in the circumstances set out in
subsection (4) must be taken so as to end immediately before the employee
stops being an employee.
(7) For the purposes of this section, the rate of salary to be used in
working out the full salary of an employee is the rate that would apply to the
employee under section 20 of the Long Service Leave Act if:
(a) that section applied to the employee; and
(b) for the expression “section 16 or 17” in that section
there were substituted the expression “section 37 of the
Horticulture Marketing and Research and Development Services (Repeals and
Consequential Provisions) Act 2000”.
(1) This section applies to a person:
(a) who became a transferred employee on the transfer day; and
(b) whose period of service for the purposes of the Long Service Leave Act
immediately before the transfer day was less than 10 years.
(2) This section does not apply in relation to an employee who
dies.
(3) If the employee stops being an employee of the industry services body
on or after the day on which his or her combined service period reaches 10
years, the industry services body must pay him or her an amount equal to full
salary in respect of his or her long service leave credit under subsection
40(2).
(4) If:
(a) the employee stops being an employee of the industry services body, on
or after reaching the minimum retiring age, or because of retrenchment;
and
(b) at that time the employee’s combined service period is at least
one year;
the industry services body must pay him or her an amount equal to full
salary in respect of his or her long service leave credit under subsection
40(2).
(5) If:
(a) the employee stops being an employee of the industry services body;
and
(b) the industry services body is satisfied that the employee left the
industry services body’s employment because of ill-health that justified
his or her so leaving; and
(c) when the employee left, his or her combined service period was at
least one year;
the industry services body must pay him or her an amount equal to full
salary in respect of his or her long service leave credit under subsection
40(2).
(6) For the purposes of this section, the rate of salary to be used in
working out the full salary of an employee is the rate that would apply to the
employee under section 21 of the Long Service Leave Act if:
(a) that section applied to the employee; and
(b) for the expression “sections 16 and 17” in that
section there were substituted the expression “section 38 of the
Horticulture Marketing and Research and Development Services (Repeals and
Consequential Provisions) Act 2000”.
(1) This section applies to a person who was an employee of a statutory
authority immediately before the transfer day if, at that time, the
employee’s period of service for the purposes of the Long Service Leave
Act was less than 10 years.
(2) If the person dies on or after the transfer day and immediately before
his or her death:
(a) the person was an employee of the industry services body;
and
(b) the person’s combined service period was at least one year;
and
(c) the person had one or more dependants;
the industry services body must make a payment to the dependant or
dependants.
(3) The total amount of the payment or payments is the amount that would
have been payable to the person under section 38 if, on the day of his or
her death, the person had instead stopped being an employee of the industry
services body on or after reaching the minimum retiring age.
(4) If subsection (2) applies, section 23 of the Long Service
Leave Act has effect as if:
(a) that section applied to an employee of the industry services body;
and
(b) a reference in that section to the approving authority were a
reference to the industry services body; and
(c) for the expression “this Act” in that section there were
substituted the expression “section 39 of the Horticulture
Marketing and Research and Development Services (Repeals and Consequential
Provisions) Act 2000”; and
(d) for the expression “subsection 16(7) or 17(5)” there were
substituted the expression “section 39 of the Horticulture
Marketing and Research and Development Services (Repeals and Consequential
Provisions) Act 2000”.
(1) For the purposes of section 37, an employee’s long service
leave credit is equal to the long service leave credit that the employee would
have under the Long Service Leave Act for the period:
(a) beginning when the employee began his or her period of service;
and
(b) ending on the transfer day;
if the employee had been retrenched on that day.
(2) For the purposes of section 38, an employee’s long service
leave credit is the employee’s long service leave credit worked out under
subsection (1) of this section reduced by any long service leave credit
used under section 37.
(1) This section applies to an employee of a statutory authority whose
period of service under the Long Service Leave Act was at least 10 years
immediately before the transfer day.
(2) Even though the employee ceases to be employed in Government Service
for the purposes of the Long Service Leave Act, the employee’s accrued
rights under that Act continue if the employee becomes an employee of the
industry services body on the transfer day. However, the employee is not
entitled to receive any payment because he or she ceases to be in Government
Service.
(3) The Long Service Leave Act has effect on and after the transfer day in
relation to the employee’s rights under that Act that accrued before the
transfer day, as if the industry services body were an approving authority for
the purposes of that Act.
This Division does not affect an employee’s post-commencement long
service leave rights.
Note: For the meaning of post-commencement long
service leave rights, see section 4.
If a transferred employee had rights under section 6 or 7 of the
Public Employment (Consequential and Transitional) Amendment Act 1999
immediately before the transfer day, the employee ceases to have those rights,
and ceases to be an APS employee, on the transfer day.
Note: For the meaning of APS employee, see
section 4.
The following is a simplified outline of this Division:
The system of export controls in place under the Australian
Horticultural Corporation Act 1987 is continued after the transfer day for a
transitional period (a maximum of 2 years).
During the transitional period most of the export control powers that the
Australian Horticultural Corporation had can be exercised by the new industry
export control body.
(1) In spite of the repeal of the Australian Horticultural Corporation
Act 1987 (the Act):
(a) Part V of the Act continues in force after the repeal;
and
(b) regulations, orders and other instruments made under the Act for the
purposes of Part V that were in force immediately before the repeal
continue in force.
(2) Any other provision of the Act that is necessary for the effective
operation of Part V of the Act (as continued in force under
subsection (1)) also continues in force in spite of the repeal but applies
only to the extent that it relates to the operation of Part V.
(3) Without limiting subsection (2), sections 121 and 122 of the
Act continue in force to the extent that regulations and orders relating to the
operation of Part V (including regulations, or orders, amending or
repealing earlier regulations or orders) may be made under them.
(1) During the transitional period, references to powers, duties or
functions of the Corporation or of a Board in Part V of the Act or in an
instrument in force under Part V are taken to be references to powers,
duties or functions of the industry export control body.
Note: For transitional period and
industry export control body, see section 4.
(2) However, in spite of subsection (1), the industry export control
body does not, during the transitional period, have the power:
(a) to prohibit the export of a product to a specified place unless the
export of the product to that place was prohibited immediately before the
transfer day; or
(b) to revoke or vary a prohibition of export to a specified
place.
Note: The power to prohibit the export of a horticultural
product to a specified place is given to the Corporation by regulation 5 of the
Australian Horticultural Corporation (Export Control) Regulations
1990.
(1) If:
(a) the export of a horticultural product to a place is prohibited under
the Australian Horticultural Corporation (Export Control) Regulations 1990 or
the Australian Horticultural Corporation (Dried Fruits Export Control)
Regulations 1991; and
(b) during the transitional period, the product and the place are the
subject of an order (the new order) under section 19 of the
Horticulture Marketing and Research and Development Services Act
2000;
Part V (and any instrument made under, or for the purposes of,
Part V) ceases, at the time of the new order, to have effect in relation to
the export of that product to that place.
(2) If, at the end of the transitional period, Part V of the Act
still has effect in relation to any horticultural product, it (and any
instrument made under, or for the purposes of, Part V) ceases to have
effect immediately after the end of the transitional period.
The following is a simplified outline of this Division:
Each of the 3 statutory authorities must produce a final annual report
covering the authority’s operations and financial status up to the
transfer day.
(1) In spite of the repeal of the Australian Horticultural Corporation
Act 1987:
(a) the Australian Horticultural Corporation continues in existence for
the purpose of giving the Minister the report required under section 9 of
the Commonwealth Authorities and Companies Act 1997 in relation to the
period starting on the last 1 July before the transfer day and ending on
the transfer day; and
(b) for that purpose, the membership of the Corporation immediately before
the transfer day is taken to be the same on and after the transfer
day.
(2) For the purposes of the application of section 9 of the
Commonwealth Authorities and Companies Act 1997 to the report referred to
in subsection (1):
(a) the period starting on the last 1 July before the transfer day
and ending on the transfer day is taken to be a financial year; and
(b) the Australian Horticultural Corporation Act 1987 continues to
have effect as if it had not been repealed.
(1) In spite of the repeal of the Australian Horticultural Corporation
Act 1987:
(a) the Australian Dried Fruits Board continues in existence for the
purpose of giving the Minister the report required under section 9 of the
Commonwealth Authorities and Companies Act 1997 in relation to the period
starting on the last 1 July before the transfer day and ending on the
transfer day; and
(b) for that purpose, the membership of the Board immediately before the
transfer day is taken to be the same on and after the transfer day.
(2) For the purposes of the application of section 9 of the
Commonwealth Authorities and Companies Act 1997 to the report referred to
in subsection (1):
(a) the period starting on the last 1 July before the transfer day
and ending on the transfer day is taken to be a financial year; and
(b) the Australian Horticultural Corporation Act 1987 continues to
have effect as if it had not been repealed; and
(c) the reference in paragraph 101A(b) of that Act to 31 August after
the end of the financial year is taken to be a reference to the day occurring 8
weeks after the transfer day; and
(d) the reference in subsection 30A(1) of that Act to 15 October
after the end of each financial year is taken to be a reference to the day
occurring 14 weeks after the transfer day.
(1) In spite of the repeal of the Horticultural Research and
Development Corporation Act 1987:
(a) the Horticultural Research and Development Corporation continues in
existence for the purpose of giving the Minister the report required under
section 9 of the Commonwealth Authorities and Companies Act 1997 in
relation to the period starting on the last 1 July before the transfer day
and ending on the transfer day; and
(b) for that purpose, the membership of the Corporation immediately before
the transfer day is taken to be the same on and after the transfer
day.
(2) For the purposes of the application of section 9 of the
Commonwealth Authorities and Companies Act 1997 to the report referred to
in subsection (1):
(a) the period starting on the last 1 July before the transfer day
and ending on the transfer day is taken to be a financial year; and
(b) the Australian Horticultural Research and Development Corporation
Act 1987 continues to have effect as if it had not been
repealed.
The Secretary may delegate all or any of the Secretary’s powers
under this Act, the regulations or orders to an APS employee in the Department
who has appropriate skills or experience. The delegation must be in
writing.
Note: For the meaning of APS employee, see
section 4.
(1) If:
(a) apart from this section, the operation of this Act would result in the
acquisition of property from a person otherwise than on just terms;
and
(b) the acquisition would be invalid because of paragraph 51(xxxi) of the
Constitution;
the Commonwealth is liable to pay the person a reasonable amount of
compensation in respect of the acquisition.
(2) If the Commonwealth and the person do not agree on the amount of the
compensation, the person may institute proceedings in the Federal Court of
Australia for the recovery from the Commonwealth of such reasonable amount of
compensation as the court determines.
(3) In this section:
acquisition of property and just terms have the
same respective meanings as in paragraph 51(xxxi) of the Constitution.
(1) The Governor-General may make regulations prescribing
matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving
effect to this Act.
(2) In particular, regulations may be made dealing with other transitional
matters arising out of the repeal of the Australian Horticultural Corporation
Act 1987 and the Horticultural Research and Development Corporation Act
1987 and the enactment of this Act and the Horticulture Marketing and
Research and Development Services Act 2000.
1 Repeal of Acts
The Acts specified in this Schedule are repealed.
Australian Horticultural
Corporation Act 1987
Horticultural Research and
Development Corporation Act 1987
Freedom of Information Act
1982
1 Part III of Schedule 2 (item
referring to Australian Horticultural Corporation Act
1987)
Repeal the item.
2 Part III of Schedule 2 (item
referring to Horticultural Research and Development Corporation Act
1987)
Repeal the item.
Natural Heritage Trust of
Australia Act 1997
3 Section 54 (definition of
horticulture)
Omit “horticultural products (within the meaning of the Australian
Horticultural Corporation Act 1987)”, substitute “a
horticultural product (within the meaning of the Horticulture Marketing and
Research and Development Services Act 2000)”.
Primary Industries
(Customs) Charges Act 1999
4 Clause 1 of Schedule 9 (definition
of Corporation)
Repeal the definition.
5 Clause 1 of
Schedule 9
Insert:
industry services body means the industry services body
declared under section 9 of the Horticulture Marketing and Research and
Development Services Act 2000.
6 Subclause 5(2) of
Schedule 9
Omit “Corporation”, substitute “industry services
body”.
7 Clause 1 of
Schedule 10
Insert:
industry services body means the industry services body
declared under section 9 of the Horticulture Marketing and Research and
Development Services Act 2000.
8 Subclause 3(4) of
Schedule 10
Repeal the subclause.
Note 1: The heading to subclause 3(3) of Schedule 10 is
replaced by the heading “Marketing
component”.
Note 2: The heading to subclause 3(5) of Schedule 10 is
replaced by the heading “Research and development
component”.
9 Subclause 3(7) of
Schedule 10
Omit “(4),”.
10 Subclause 5(2) of
Schedule 10
Omit “Australian Horticultural Corporation or the Horticultural
Research and Development Corporation”, substitute “industry services
body”.
11 Subclause 5(3) of
Schedule 10
Omit “Australian Horticultural Corporation”, substitute
“industry services body”.
12 Subclause 5(4) of
Schedule 10
Repeal the subclause.
13 Subclause 5(5) of
Schedule 10
Omit “Horticultural Research and Development Corporation”,
substitute “industry services body”.
14 Subclause 5(6) of
Schedule 10
Omit “Australian Horticultural Corporation”, substitute
“industry services body”.
15 Subclause 5(7) of
Schedule 10
Omit “Horticultural Research and Development Corporation”,
substitute “industry services body”.
16 Clause 1 of Schedule 14 (definition
of horticultural product)
Omit “Australian Horticultural Corporation Act 1987”,
substitute “Horticulture Marketing and Research and Development
Services Act 2000”.
Primary Industries
(Excise) Levies Act 1999
17 Clause 1 of Schedule 14 (definition
of Corporation)
Repeal the definition.
18 Clause 1 of
Schedule 14
Insert:
industry services body means the industry services body
declared under section 9 of the Horticulture Marketing and Research and
Development Services Act 2000.
19 Subclause 6(3) of
Schedule 14
Omit “Corporation”, substitute “industry services
body”.
20 Clause 1 of
Schedule 15
Insert:
industry services body means the industry services body
declared under section 9 of the Horticulture Marketing and Research and
Development Services Act 2000.
21 Subclause 4(2) of
Schedule 15
Repeal the subclause.
Note 1: The heading to subclause 4(1) of Schedule 15 is
replaced by the heading “Marketing
component”.
Note 2: The heading to subclause 4(3) of Schedule 15 is
replaced by the heading “Research and development
component”.
22 Subclause 4(5) of
Schedule 15
Omit “(2)”.
23 Subclause 6(3) of
Schedule 15
Omit “Australian Horticultural Corporation or the Horticultural
Research and Development Corporation”, substitute “industry services
body”.
24 Subclause 6(4) of
Schedule 15
Omit “Australian Horticultural Corporation”, substitute
“industry services body”.
25 Subclause 6(5) of
Schedule 15
Repeal the subclause.
26 Subclause 6(6) of
Schedule 15
Omit “Horticultural Research and Development Corporation”,
substitute “industry services body”.
27 Subclause 6(7) of
Schedule 15
Omit “Australian Horticultural Corporation”, substitute
“industry services body”.
28 Subclause 6(8) of
Schedule 15
Omit “Horticultural Research and Development Corporation”,
substitute “industry services body”.
29 Clause 1 of Schedule 27 (definition
of horticultural products)
Omit “Australian Horticultural Corporation Act 1987”,
substitute “Horticulture Marketing and Research and Development
Services Act 2000”.
Safety, Rehabilitation and
Compensation Act 1988
30 Subsection 128A(4) (paragraph (h) of the
definition of prescribed Commonwealth authority)
Repeal the paragraph.
31 Subsection 128A(4) (paragraph (za) of
the definition of prescribed Commonwealth authority)
Repeal the paragraph.
Horticulture Marketing and
Research and Development Services Act 2000
1 Subsection 22(2) (note)
Omit “Appeals”, substitute “Review”.
2 Subsection 35(5)
Repeal the subsection.
Horticulture Marketing and
Research and Development Services Act 2000
1 At the end of
section 25
Add:
(2) However, this section does not affect the operation of the Privacy
Act 1988.