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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Banana Industry Repeal Bill 2010
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
Overview of Bill
The objects of this Bill are to repeal the Banana Industry Act 1987 and to dissolve
the Banana Industry Committee.
Outline of provisions
Clause 1 sets out the name (also called the short title) of the proposed Act.
Clause 2 provides for the commencement of the proposed Act on 1 July 2010.
Clause 3 repeals the Banana Industry Act 1987 and the Banana Industry Regulation
2008.
Schedule 1 Amendment of Agricultural Industry
Services Act 1998 No 45
Schedule 1 [1] amends Schedule 4 to the Agricultural Industry Services Act 1998 to
enable the making of regulations containing provisions of a savings or transitional
nature consequent on the enactment of the proposed Act.
b2010-053-25.d10
Banana Industry Repeal Bill 2010
Explanatory note
Schedule 1 [2] amends Schedule 4 to the Agricultural Industry Services Act 1998 to
provide for the dissolution of the Banana Industry Committee as a consequence of
the repeal of the Banana Industry Act 1987. The amendment also transfers the assets,
rights and liabilities of the Committee to the Crown and requires certain money to be
paid to the Australian Banana Growers' Council Inc. or another person or body
considered by the Minister to have functions that promote the development of the
New South Wales banana industry or that otherwise benefit that industry.
Schedule 2 Amendment of other legislation
Schedule 2.1, 2.2 and 2.3 amend the Parliamentary Electorates and Elections
Amendment Act 2006, Public Authorities (Financial Arrangements) Regulation 2005
and Public Finance and Audit Act 1983 as a consequence of the repeal of the Banana
Industry Act 1987 and the Banana Industry Regulation 2008 and the dissolution of
the Banana Industry Committee.
Explanatory note page 2
First print
New South Wales
Banana Industry Repeal Bill 2010
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Repeal of Banana Industry Act 1987 No 66 and Banana
Industry Regulation 2008 2
Schedule 1 Amendment of Agricultural Industry Services Act 1998
No 45 3
Schedule 2 Amendment of other legislation 7
b2010-053-25.d10
New South Wales
Banana Industry Repeal Bill 2010
No , 2010
A Bill for
An Act to repeal the Banana Industry Act 1987 and dissolve the Banana Industry
Committee; and to make consequential amendments to certain other legislation.
Clause 1 Banana Industry Repeal Bill 2010
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Banana Industry Repeal Act 2010. 3
2 Commencement 4
This Act commences on 1 July 2010. 5
3 Repeal of Banana Industry Act 1987 No 66 and Banana Industry 6
Regulation 2008 7
The Banana Industry Act 1987 and Banana Industry Regulation 2008 8
are repealed. 9
Page 2
Banana Industry Repeal Bill 2010
Amendment of Agricultural Industry Services Act 1998 No 45 Schedule 1
Schedule 1 Amendment of Agricultural Industry 1
Services Act 1998 No 45 2
[1] Schedule 4 Savings, transitional and other provisions 3
Insert at the end of clause 1 (1): 4
Banana Industry Repeal Act 2010 5
[2] Schedule 4, Part 7 6
Insert after Part 6: 7
Part 7 Provisions consequent on enactment of 8
Banana Industry Repeal Act 2010 9
20 Definitions 10
In this Part: 11
former Committee means the Banana Industry Committee 12
constituted by the Banana Industry Act 1987. 13
21 Dissolution of Banana Industry Committee 14
(1) On the repeal of the Banana Industry Act 1987 (the former Act), 15
the former Committee is dissolved. 16
(2) No remuneration or compensation is payable to any person as a 17
result of the dissolution of the former Committee or the repeal of 18
the former Act. 19
22 Transfer of assets, rights and liabilities 20
(1) In this clause: 21
assets means any legal or equitable estate or interest (whether 22
present or future and whether vested or contingent and whether 23
personal or assignable) in real or personal property of any 24
description (including money) and includes securities, choses in 25
action and documents. 26
instrument means an instrument (other than this Act) that 27
creates, modifies or extinguishes rights or liabilities (or would do 28
so if lodged, filed or registered in accordance with any law), and 29
includes any judgment, order or process of a court. 30
liabilities means any liabilities, debts or obligations (whether 31
present or future and whether vested or contingent and whether 32
personal or assignable). 33
Page 3
Banana Industry Repeal Bill 2010
Schedule 1 Amendment of Agricultural Industry Services Act 1998 No 45
rights means any rights, powers, privileges or immunities 1
(whether present or future and whether vested or contingent and 2
whether personal or assignable). 3
(2) On the dissolution of the former Committee, the assets, rights and 4
liabilities of the former Committee are transferred to the Crown. 5
(3) On and from the date on which the assets, rights and liabilities are 6
transferred by subclause (2), the following provisions have effect 7
with respect to the transfer: 8
(a) the transferred assets vest in the Crown by virtue of this 9
clause and without the need for any conveyance, transfer, 10
assignment or assurance, 11
(b) the transferred rights and liabilities become, by virtue of 12
this clause, the rights and liabilities of the Crown, 13
(c) all proceedings relating to the assets, rights or liabilities 14
commenced before that date by or on behalf of, or against, 15
the former Committee and pending immediately before 16
that date are taken to be proceedings pending by or against 17
the Crown, 18
(d) any act, matter or thing done or omitted to be done in 19
relation to the assets, rights or liabilities before that date 20
by, to or in respect of the former Committee is (to the 21
extent to which that act, matter or thing has any force or 22
effect) taken to have been done or omitted by, to or in 23
respect of the Crown, 24
(e) the Crown has all the entitlements and obligations of the 25
former Committee in relation to those assets, rights and 26
liabilities that the former Committee would have had but 27
for their transfer, whether or not those entitlements and 28
obligations were actual or potential at the time of the 29
transfer, 30
(f) a reference in any Act, in any instrument made under any 31
Act or in any document of any kind to the former 32
Committee is (to the extent that it relates to those assets, 33
rights or liabilities) to be read as, or as including, a 34
reference to the Crown. 35
(4) The operation of this clause is not to be regarded: 36
(a) as a breach of contract or confidence or otherwise as a civil 37
wrong, or 38
(b) as a breach of any contractual provision prohibiting, 39
restricting or regulating the assignment or transfer of 40
assets, rights or liabilities, or 41
Page 4
Banana Industry Repeal Bill 2010
Amendment of Agricultural Industry Services Act 1998 No 45 Schedule 1
(c) as giving rise to any remedy by a party to an instrument, or 1
as causing or permitting the termination of any instrument, 2
because of a change in the beneficial or legal ownership of 3
any asset, right or liability, or 4
(d) as an event of default under any contract or other 5
instrument. 6
23 Reporting and making of payment 7
(1) The Minister is to appoint a person: 8
(a) to prepare the report and statement required under section 9
43A of the Public Finance and Audit Act 1983 in relation 10
to the former Committee, and 11
(b) to recover charges, fees or other money due to the former 12
Committee immediately before its dissolution. 13
(2) The person appointed under subclause (1) is to be paid such 14
remuneration (if any) as the Minister may from time to time 15
determine. 16
(3) For the purposes of section 43A of the Public Finance and Audit 17
Act 1983 only, the person appointed under subclause (1) is taken 18
to be the successor of the former Committee. 19
(4) The Minister is to ensure that the following is paid to the 20
Australian Banana Growers' Council Inc. or another person or 21
body considered by the Minister to have functions that promote 22
the development of the New South Wales banana industry or that 23
otherwise benefit that industry: 24
(a) any money transferred to the Crown by the operation of 25
clause 22, 26
(b) any money realised from the sale of assets or rights so 27
transferred, 28
(c) any money recovered under this clause. 29
(5) The amount payable under subclause (4) may be paid subject to 30
such conditions as the Minister considers appropriate. 31
(6) The Minister may deduct the following amounts from the money 32
payable under subclause (4): 33
(a) the cost of satisfying any liabilities transferred to the 34
Crown under clause 22, 35
(b) any costs associated with the disposal of assets or rights of 36
the former Committee, 37
Page 5
Banana Industry Repeal Bill 2010
Schedule 1 Amendment of Agricultural Industry Services Act 1998 No 45
(c) the cost of recovering money due to the former Committee, 1
(d) any other costs associated with the dissolution of the 2
former Committee. 3
Page 6
Banana Industry Repeal Bill 2010
Amendment of other legislation Schedule 2
Schedule 2 Amendment of other legislation 1
2.1 Parliamentary Electorates and Elections Amendment Act 2
2006 No 68 3
Schedule 19 Amendment of other legislation 4
Omit Schedule 19.4. 5
2.2 Public Authorities (Financial Arrangements) Regulation 6
2005 7
Schedule 1 Definitions of "authority" and "controlled entity" 8
Omit "Banana Industry Committee" wherever occurring in Parts 2 and 3. 9
2.3 Public Finance and Audit Act 1983 No 152 10
Schedule 2 Statutory bodies 11
Omit "Banana Industry Committee". 12
Page 7
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