Commonwealth Numbered Acts

CANNED FRUITS MARKETING AMENDMENT ACT 1984 No. 148 of 1984 - SECT 8

8. After Part IV of the Principal Act the following Part is inserted:

"PART IVA-DEVELOPMENT OF CORPORATE AND ANNUAL OPERATIONAL PLANS

"Division 1-Corporate Plan Corporation to develop corporate plan

"21A. (1) The Corporation shall develop, for the period of 3 years commencing
on 1 January 1985, for the purposes of the more effective performance by the
Corporation of its functions, a plan defining the principal objectives of the
Corporation and giving a broad outline of the strategies to be pursued by the
Corporation in achieving those objectives.

"(2) The plan prepared in accordance with this Division shall be prepared in
written form and, in addition to the matters referred to in sub-section (1),
shall contain a statement assessing, for the period to which the plan relates,
the market outlook and the economic outlook for the canned fruits industry in
Australia. Approval of corporate plan

"21B. (1) The plan prepared in accordance with this Division shall be
submitted to the Minister for approval before 1 April 1985 and shall not come
into force until the date of its approval by the Minister.

"(2) Where a plan is submitted to the Minister in accordance with sub-section
(1) and the Minister is of the opinion that, in the interests of the canned
fruits industry in Australia, or of a particular sector of that industry, the
plan should be revised in some regard, the Minister may request the
Corporation to revise the plan appropriately and shall include in such a
request a statement setting out the reasons for making the request.

"(3) Upon the Corporation receiving a request under sub-section (2), it shall
consider the request and statement of reasons and shall make such revision of
the plan as it considers to be appropriate and shall then resubmit the plan,
as so revised, to the Minister for approval. Variation of corporate plan by
Corporation

"21C. (1) The corporate plan, whether or not it has come into force, may be
varied by the Corporation with the approval of the Minister.

"(2) When requesting the Minister's approval for a variation of a corporate
plan, the Corporation shall provide the Minister with a statement of its
reasons for making the request and shall provide the Minister with such other
information as the Minister requests.

"(3) The Minister may, after considering the request and statement of reasons
and such other information (if any) as has been provided at the request of the
Minister, approve or reject the requested variation or may approve such lesser
variation as the Minister thinks fit. Variation of corporate plan at request
of Minister

"21D. (1) The corporate plan, whether or not it has come into force, may be
varied by the Corporation at the request, and with the approval, of the
Minister.

"(2) When requesting the Corporation to vary a corporate plan, the Minister
shall include in the request a statement setting out reasons for making the
request.

"(3) Upon the Corporation receiving a request under sub-section (2) to vary a
corporate plan, it shall consider the request and statement of reasons and
shall make, and submit to the Minister for the approval of the Minister, such
variation of the plan as it considers to be appropriate. Date of commencement
of corporate plan as varied

"21E. Where a variation of a corporate plan is approved by the Minister in
accordance with section 21C or 21D after the plan has come into force, the
plan as so varied shall continue in force on and after the date on which the
variation is so approved as if the plan had originally been approved by the
Minister as so varied.

"Division 2-Annual Operational Plans Corporation to develop annual operational
plans

"21F. (1) The Corporation shall develop, and prepare in written form, for each
successive period of one year, a further plan setting out particulars of the
strategies to be pursued by the Corporation, for the duration of each such
period, in giving effect to the corporate plan.

"(2) The first plan prepared in accordance with this Division shall be
expressed to relate to the period of one year commencing on 1 January 1985 and
each subsequent plan shall be expressed to relate to the period of one year
commencing on the expiration of the period to which the immediately preceding
annual operational plan relates. Approval of annual operational plans

"21G. (1) The first plan prepared in accordance with this Division shall be
submitted to the Minister for approval before 1 April 1985 and a later such
plan shall be so submitted at least one month prior to the intended date of
commencement of the period to which the plan relates.

"(2) A plan prepared in accordance with this Division shall not come into
force until-

   (a)  the date of its approval by the Minister; or

   (b)  the date of commencement of the period to which it relates, whichever
        is the later.

"(3) Where a plan is submitted to the Minister in accordance with sub-section
(1) and the Minister is of the opinion that the plan is inconsistent with the
provisions of the corporate plan or the intended corporate plan, the Minister
may request the Corporation to revise the first-mentioned plan appropriately
and shall include in the request a statement setting out the reasons for
making the request.

"(4) Upon the Corporation receiving a request under sub-section (3), it shall
consider the request and statement of reasons and shall make such revision of
the plan as it considers to be appropriate and shall then re-submit the plan,
as so revised, to the Minister for approval.

"(5) Where, if a proposed variation of the corporate plan were to be approved
by the Minister, an annual operational plan would not be consistent with the
provisions of the corporate plan, the Corporation shall, at the time of
submitting to the Minister for approval the variation of the corporate plan,
also submit to the Minister for approval such a variation of the annual
operational plan as it considers to be appropriate.

"(6) The Minister shall approve an annual operational plan submitted under
sub-section (1) or re-submitted under sub-section (4), or a variation of such
a plan submitted under sub-section (5), unless the Minister is of the opinion
that it is inconsistent with the provisions of the corporate plan.

"(7) Where a variation of an annual operational plan is approved by the
Minister in accordance with sub-section (6) after the plan has come into
force, the plan as so varied shall continue in force on and after the date on
which the variation is so approved as if the plan had originally been approved
by the Minister as so varied.".