Commonwealth Numbered Acts

AUSTRALIAN DRIED FRUITS CORPORATION ACT 1978 No. 193 of 1978 - SECT 3

3. (1) The following Acts are repealed:

Dried Fruits Export Control Act 1924;

Dried Fruits Export Control Act 1930;

Dried Fruits Export Control Act 1935;

Dried Fruits Export Control Act 1937;

Dried Fruits Export Control Act 1938;

Dried Fruits Export Control Act 1952;

Dried Fruits Export Control Act 1953;

Dried Fruits Export Control Act 1964.

(2) Upon the commencing date-

   (a)  any rights, property or assets that, immediately before that date,
        were vested in the Board are, by force of this sub-section, vested in
        the Corporation; and

   (b)  the Corporation becomes, by force of this sub-section, liable to pay
        and discharge any debts, liabilities or obligations of the Board that
        existed immediately before that date.

(3) An arrangement or contract entered into by or on behalf of the Board as a
party and in force immediately before the commencing date continues in force,
notwithstanding the repeal of the Acts specified in sub-section (1), but that
arrangement or contract has effect, on and after the commencing date, as if-

   (a)  the Corporation were substituted for the Board as a party to the
        arrangement or contract; and

   (b)  any reference in the arrangement or contract to the Board were (except
        in relation to matters that occurred before that date) a reference to
        the Corporation.

(4) Unless the contrary intention appears, a reference to the Board in any
other Act or in any regulations made under an Act shall, in respect of any
time on or after the commencing date, be read as a reference to the
Corporation.

(5) An instrument or document that the Secretary to the Department of Primary
Industry or an officer of that Department authorized by him in writing for the
purpose of this sub-section certifies to have been made, executed or given by
reason of, or for a purpose connected with or arising out of, the operation of
this section is not liable to stamp duty or other tax under a law of the
Commonwealth or of a State or Territory.

(6) Where, immediately before the commencing date, proceedings to which the
Board was a party were pending in any court, the Corporation is, by force of
this sub-section, substituted for the Board as a party to the proceedings and
has the same rights in the proceedings as the party for which it is
substituted.

(7) The Corporation shall, as soon as practicable after the commencing date,
prepare and furnish to the Minister a report of the operations of the Board
during the period that commenced on 1 July 1978 and ended immediately before
the commencing date (in sub-section (8) referred to as the ''final period''),
together with financial statements in respect of that period in such form as
the Minister for Finance approves.

(8) Before furnishing the financial statements to the Minister, the
Corporation shall submit them to the Auditor-General, who shall report to the
Minister-

   (a)  whether, in his opinion, the statements are based on proper accounts
        and records;

   (b)  whether, in his opinion, the statements are in agreement with the
        accounts and records and show fairly the financial operations and
        state of affairs of the Board;

   (c)  whether, in his opinion, the receipt, expenditure and investment of
        moneys, and the acquisition and disposal of assets, by the Board
        during the final period have been in accordance with the Acts repealed
        by sub-section (1); and

   (d)  as to such other matters arising out of the statements as the
        Auditor-General considers should be reported to the Minister.

(9) The Minister shall cause copies of the report and financial statements
referred to in sub-section (7), together with a copy of the report of the
Auditor-General, to be laid before each House of the Parliament within 15
sitting days of that House after their receipt by the Minister.

(10) The persons who, immediately before the commencing date, were members of
the Board shall furnish to the Corporation such information as is necessary to
enable the Corporation to prepare the report and financial statements referred
to in sub-section (7).