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New South Wales
Dairy Industry Bill 2000
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Definitions 2
Part 2 The New South Wales Dairy Industry Conference
4 Constitution of Conference 3
5 Functions of Conference 3
6 Minister must consider reports and advice 3
7 Members of Conference 3
8 Constitution and procedure of Conference 4
9 Staff of Conference 4
10 Financial provisions 5
Part 3 Dairy industry functions of Safe Food
11 General services relating to dairy industry 6
12 Promotional activities 6
13 Fees 7
b00-042a-p02.807
Dairy Industry Bill 2000
Contents
Page
Part 4 Provisions relating to deregulation of dairy industry
14 No compensation for deregulation 8
Part 5 Financial matters
15 Funding of operations of Safe Food 10
16 Fund to be established 10
17 Recovery of charges, fees and other money 10
Part 6 Miscellaneous
18 Act to bind Crown 11
19 Nature of proceedings for offences 11
20 Authority to take proceedings 11
21 Service of proceedings on Safe Food 11
22 Evidence 12
23 Regulations 12
24 Repeal of Dairy Industry Act 1979 No 208 12
25 Amendment of Acts 12
26 Savings and transitional provisions 12
Schedules
1 Amendment of Acts 13
2 Savings and transitional provisions 22
Contents page 2
New South Wales
Dairy Industry Bill 2000
No , 2000
A Bill for
An Act to constitute the New South Wales Dairy Industry Conference; to confer
certain functions on Safe Food Production NSW with respect to the dairy industry;
to repeal the Dairy Industry Act 1979 in connection with the deregulation of the
dairy industry; to make related amendments to other Acts; and for other purposes.
Clause 1 Dairy Industry Bill 2000
Part 1 Preliminary
The Legislature of New South Wales enacts: 1
Part 1 Preliminary 2
1 Name of Act 3
This Act is the Dairy Industry Act 2000. 4
2 Commencement 5
This Act commences on a day or days to be appointed by 6
proclamation. 7
3 Definitions 8
In this Act: 9
Conference means the New South Wales Dairy Industry Conference 10
constituted by this Act. 11
dairy product has the same meaning as it has in the Food Production 12
(Safety) Act 1998. 13
exercise a function includes perform a duty. 14
function includes a power, authority or duty. 15
milk has the same meaning as it has in the Food Production (Safety) 16
Act 1998. 17
Safe Food means Safe Food Production NSW constituted by the 18
Food Production (Safety) Act 1998. 19
treatment of milk includes the examination, cleansing, pasteurisation, 20
processing by means of an ultra heat treatment method, modification, 21
homogenisation, separation, sterilisation, alteration or manufacture into 22
another form of milk or into a dairy product, packaging, testing, 23
analysing, grading, cooling, refrigerating, bottling and packing of the 24
milk. 25
Page 2
Dairy Industry Bill 2000 Clause 4
The New South Wales Dairy Industry Conference Part 2
Part 2 The New South Wales Dairy Industry Conference 1
4 Constitution of Conference 2
(1) There is constituted by this Act a body corporate with the corporate 3
name of the New South Wales Dairy Industry Conference. 4
(2) The Conference is not, and does not represent, the Crown. 5
5 Functions of Conference 6
(1) The Conference has such functions as are conferred or imposed on it 7
by or under this or any other Act. 8
(2) In particular, the Conference has the following functions: 9
(a) to carry out investigations or inquiries into the general policies 10
of Safe Food with respect to the dairy industry and any other 11
aspect of the dairy industry that it thinks fit, 12
(b) to report to and advise the Minister on any matter referred to in 13
paragraph (a), 14
(c) to consult with Safe Food on food safety schemes relating to 15
the dairy industry under the Food Production (Safety) Act 1998. 16
6 Minister must consider reports and advice 17
(1) The Minister must consider any reports or advice furnished by the 18
Conference under section 5 and take such action (if any) in the matter 19
as the Minister considers appropriate. 20
(2) Without affecting the generality of subsection (1), the Minister may, in 21
relation to any report or advice concerning the general policies of Safe 22
Food with respect to the dairy industry: 23
(a) forward the report or advice to Safe Food for consideration, or 24
(b) pursuant to section 10 of the Food Production (Safety) Act 25
1998, give such directions to Safe Food in respect of the matter 26
as the Minister considers appropriate. 27
7 Members of Conference 28
(1) The Conference is to consist of the following persons: 29
(a) the persons elected or appointed pursuant to the regulations 30
under section 8, 31
Page 3
Clause 7 Dairy Industry Bill 2000
Part 2 The New South Wales Dairy Industry Conference
(b) one person appointed by the Minister, being a person who is 1
nominated by the Minister for Fair Trading to represent 2
consumers of milk and dairy products, 3
(c) one person appointed by the Minister, being a person who is 4
nominated by the Minister for Fair Trading to represent 5
employees in the dairy industry, 6
(d) the General Manager of the Dairy Division of Safe Food. 7
(2) The General Manager of the Dairy Division of Safe Food is to be an 8
ex officio member and may not vote at a meeting of the Conference. 9
8 Constitution and procedure of Conference 10
Except as otherwise provided by this Act, the regulations may make 11
provision for or with respect to the following: 12
(a) the number of members of the Conference, 13
(b) the method of, and qualification for, election or appointment of 14
those members, 15
(c) the terms of office of those members, 16
(d) the Chairperson and Deputy Chairperson of the Conference, 17
(e) the procedure for the calling of meetings of the Conference and 18
for the conduct of business at those meetings, 19
(f) any other matter relating to the constitution or procedure of 20
the Conference. 21
9 Staff of Conference 22
(1) The Conference may employ such staff as may be necessary to assist 23
it in the exercise of its functions. 24
(2) Part 2 of the Public Sector Management Act 1988 does not apply to or 25
in respect of any such staff. 26
(3) The Conference may engage such consultants and contractors as may 27
be necessary or convenient to exercise any of the functions of the 28
Conference. 29
(4) The Conference may not employ or engage more persons than the 30
number of persons for the time being approved by the Minister for the 31
purposes of this section. 32
Page 4
Dairy Industry Bill 2000 Clause 10
The New South Wales Dairy Industry Conference Part 2
10 Financial provisions 1
(1) Safe Food may, out of its funds, make grants to the Conference for 2
the purposes of paying: 3
(a) the remuneration of staff of the Conference or consultants or 4
contractors engaged by the Conference, and 5
(b) the fees for the Chairperson of the Conference for attending 6
meetings. 7
(2) The Conference may enter into arrangements with persons or bodies 8
engaged in, or representing persons engaged in, the dairy industry for 9
contributions to the other costs and expenses of the Conference. 10
Page 5
Clause 11 Dairy Industry Bill 2000
Part 3 Dairy industry functions of Safe Food
Part 3 Dairy industry functions of Safe Food 1
11 General services relating to dairy industry 2
(1) Safe Food may: 3
(a) establish and maintain laboratories and carry out research and 4
make investigations into matters relating to milk and dairy 5
products (including chemical, physical, bacteriological and 6
economic research and investigations), and 7
(b) carry out examinations, tests or analyses of milk or dairy 8
products, and 9
(c) publish reports, information and advice concerning the 10
production, collection, treatment, carriage, storage, distribution, 11
delivery, supply, use or sale of milk or dairy products, and 12
(d) promote and encourage the production, supply, use, sale or 13
consumption of milk or dairy products. 14
(2) Without limiting subsection (1), Safe Food may provide 15
services relating to the quality of milk or dairy products. 16
12 Promotional activities 17
(1) Safe Food has, and is taken always to have had, power to enter into 18
agreements for the use, within the State or elsewhere, of any trade 19
mark of which it is, or is entitled to be, registered as proprietor. 20
(2) Safe Food may, with the approval of the Minister, establish a 21
committee to furnish advice with respect to the promotion and 22
encouragement of the production, supply, use, sale or consumption of 23
milk and dairy products. 24
(3) A committee established under this section is to consist of such 25
persons as are approved by the Minister. 26
(4) Safe Food may, from the funds of Safe Food, pay a member of the 27
committee such fees for attending meetings of the committee, and such 28
expenses and allowances, as the Minister from time to time determines 29
in respect of that member. 30
(5) A committee established under this section must, at such times as Safe 31
Food may direct, report to the Conference on its work and activities. 32
Page 6
Dairy Industry Bill 2000 Clause 13
Dairy industry functions of Safe Food Part 3
13 Fees 1
(1) A charge or fee for the supply of a service, product or commodity, or 2
the furnishing of information, by Safe Food may be fixed by 3
regulation, or if there is no charge or fee so fixed, by order of Safe 4
Food, subject to the maximum (if any) fixed by the regulations. 5
(2) In the regulations or in any such order provision may be made 6
requiring a deposit or prepayment in respect of any such charge or fee. 7
(3) Different charges or fees may be fixed according to such 8
circumstances or factors as are specified in the regulation or order. 9
(4) The charge or fee must be paid to Safe Food by the person to whom 10
or at whose request the service, product, commodity or information is 11
supplied or furnished. 12
Page 7
Clause 14 Dairy Industry Bill 2000
Part 4 Provisions relating to deregulation of dairy industry
Part 4 Provisions relating to deregulation of dairy 1
industry 2
14 No compensation for deregulation 3
(1) The purpose of this section is to exclude the payment of compensation 4
for deregulation of the dairy industry by or on behalf of the Crown. 5
(2) Compensation for deregulation is: 6
(a) compensation because of the enactment or operation of this 7
Act, including the repeal of provisions of the Dairy Industry 8
Act 1979, or for any consequence of that enactment or 9
operation, or 10
(b) compensation because of the implementation, operation, 11
cancellation or variation of any scheme under section 9 (1) (g) 12
of the Dairy Industry Act 1979 or for any consequence of that 13
implementation, operation, cancellation or variation, or 14
(c) compensation because of any statement or conduct relating to a 15
matter referred to in paragraph (a) or (b) or to the deregulation 16
of the dairy industry in connection with any such matter. 17
(3) Compensation for deregulation is not payable by or on behalf of the 18
Crown. 19
(4) This section applies to or in respect of any event, act, omission, 20
statement or conduct whether occurring before or after the 21
commencement of this section. 22
(5) In this section: 23
compensation includes damages or any other form of monetary 24
compensation. 25
conduct includes a representation of any kind: 26
(a) whether made verbally or in writing, and 27
(b) whether negligent, false, misleading or otherwise. 28
private subsidiary corporation has the same meaning as it has in the 29
Food Production (Safety) Act 1998, and includes a private subsidiary 30
corporation within the meaning of the Dairy Industry Act 1979. 31
Page 8
Dairy Industry Bill 2000 Clause 14
Provisions relating to deregulation of dairy industry Part 4
the Crown means the Crown within the meaning of the Crown 1
Proceedings Act 1988, and includes: 2
(a) Safe Food, the Conference or a private subsidiary corporation, 3
(b) the Chief Executive Officer or a member of the Conference, 4
(c) an officer, employee or agent of the Crown, Safe Food, the 5
Conference or any such subsidiary corporation. 6
Page 9
Clause 15 Dairy Industry Bill 2000
Part 5 Financial matters
Part 5 Financial matters 1
15 Funding of operations of Safe Food 2
Safe Food is to ensure, as far as is reasonably practicable, that money 3
received by Safe Food: 4
(a) under this Act, or 5
(b) under section 70 of the Dairy Industry Act 1979 before the 6
commencement of this Act, or 7
(c) from interests in private corporations acquired under the Food 8
Production (Safety) Act 1998 (whether those interests were 9
acquired before or after that commencement), 10
is used for the purposes of the carrying out of its functions under this 11
Act or in connection with any food safety scheme (within the meaning 12
of the Food Production (Safety) Act 1998) relating to the dairy 13
industry. 14
16 Fund to be established 15
All money received under this Act by Safe Food or its officers or 16
employees, and all money appropriated by Parliament for the purposes 17
of the functions of Safe Food, under this Act is to go to form a fund 18
out of which may be paid: 19
(a) the expenses of the Conference, and 20
(b) all expenses of Safe Food in the carrying out of its functions 21
under this Act. 22
17 Recovery of charges, fees and other money 23
Any charge, fee or money due to Safe Food under this Act is 24
recoverable by Safe Food as a debt. 25
Page 10
Dairy Industry Bill 2000 Clause 18
Miscellaneous Part 6
Part 6 Miscellaneous 1
18 Act to bind Crown 2
This Act binds the Crown in right of New South Wales and, in so far 3
as the legislative power of the Parliament of New South Wales permits, 4
the Crown in all its other capacities. 5
19 Nature of proceedings for offences 6
Proceedings for an offence under this Act or the regulations may be 7
dealt with summarily before a Local Court constituted by a Magistrate 8
sitting alone. 9
20 Authority to take proceedings 10
(1) Any information, complaint or other legal proceeding under this Act 11
may be laid or taken in the name of Safe Food by the Chief Executive 12
Officer or by any other officer authorised by Safe Food in that behalf 13
either generally or in any particular case. 14
(2) In any proceedings the production of a notification in the Gazette that 15
any person has been so authorised is conclusive evidence of the 16
authority and evidence that the authority to act remains in force. 17
(3) The Chief Executive Officer of or other officer of Safe Food must, out 18
of the funds of Safe Food, be reimbursed all damages, costs, charges 19
and expenses to or with which the Chief Executive Officer or other 20
officer is put or becomes chargeable because of anything contained in 21
subsection (1). 22
21 Service of proceedings on Safe Food 23
Any summons, writ or other proceeding to be served on Safe Food 24
under this Act may be served by being served on the Chief Executive 25
Officer. 26
Page 11
Clause 22 Dairy Industry Bill 2000
Part 6 Miscellaneous
22 Evidence 1
In any proceedings in any court or before any persons having by law 2
or consent of parties authority to hear, receive and examine evidence, 3
a certificate purporting to be signed by the Chief Executive Officer 4
certifying that a person has been appointed as the delegate of Safe 5
Food for the purposes of this Act and specifying what functions of 6
Safe Food were delegated to the person and the period during which 7
the person was a delegate is prima facie evidence of the facts stated in 8
it. 9
23 Regulations 10
(1) The Governor may make regulations, not inconsistent with this Act, for 11
or with respect to any matter that by this Act is required or permitted 12
to be prescribed or that is necessary or convenient to be prescribed for 13
carrying out or giving effect to this Act. 14
(2) In particular, the regulations may make provision for or with respect 15
to the following: 16
(a) the forms of instruments to be used for the purposes of this Act 17
and the fees payable in connection with any such instrument, 18
(b) the functions of Safe Food with respect to the dairy industry. 19
(3) The regulations may create offences punishable by a penalty not 20
exceeding 5 penalty units. 21
24 Repeal of Dairy Industry Act 1979 No 208 22
The Dairy Industry Act 1979 is repealed on and from 1 January 2001. 23
25 Amendment of Acts 24
The Acts specified in Schedule 1 are amended as set out in that 25
Schedule. 26
26 Savings and transitional provisions 27
Schedule 2 has effect. 28
Page 12
Dairy Industry Bill 2000
Amendment of Acts Schedule 1
Schedule 1 Amendment of Acts 1
(Section 25) 2
1.1 Agricultural Tenancies Act 1990 No 64 3
Schedule 1 Improvements that a tenant may make as of right 4
Omit "Dairy Industry Act 1979" from item 10. 5
Insert instead "Food Production (Safety) Act 1998". 6
1.2 Dairy Industry Act 1979 No 208 7
[1] Section 5A 8
Insert after section 5: 9
5A Provisions of Act to have no effect 10
(1) A provision of this Act (other than this section) has no effect 11
unless a proclamation is made by the Governor under this 12
section. 13
(2) The Governor may, by proclamation, declare that provisions of 14
this Act have effect. 15
(3) A proclamation made under this section may do any one or 16
more of the following: 17
(a) declare that a provision or provisions of this Act have 18
effect, 19
(b) modify the operation of any such provision. 20
(4) A proclamation under this section may be amended or repealed 21
by a further proclamation. 22
(5) A provision of this Act that is given effect to by a proclamation 23
under this section is to be read subject to the modifications, if 24
any, set out in the proclamation. 25
Page 13
Dairy Industry Bill 2000
Schedule 1 Amendment of Acts
[2] Section 6, Part 1A, Division 2 of Part 2, Divisions 1, 1A and 2 of Part 4, 1
sections 54 (1) (b), (d), (d1) and (e) and (2) (b) and 60D, Parts 6 and 7, 2
Division 2A of Part 8, section 97 and Schedule 5. 3
Omit the provisions. 4
[3] Section 54 Price for milk to be fixed by Safe Food: 5
Omit ", different maximum retail prices, different minimum and maximum 6
retail prices or different fixed retail prices under subsection (1) (c), (d), (d1) 7
or (e) respectively" from section 54 (2) (c). 8
Insert instead "under subsection (1) (c)". 9
[4] Section 103 Regulations 10
Omit section 103 (1) (a), (b), (c), (i), (o), (s), (t) and (u). 11
[5] Section 103 (5) 12
Omit the subsection. 13
1.3 Fair Trading Act 1987 No 68 14
[1] Schedule 1 Paramount legislation 15
Omit "Dairy Industry Act 1979". 16
Insert instead "Dairy Industry Act 2000". 17
[2] Schedule 2 Acts prohibiting or regulating the supply of goods 18
Omit "Dairy Industry Act 1979". 19
1.4 Food Production (Safety) Act 1998 No 128 20
[1] Section 3 Definitions 21
Insert in alphabetical order in section 3 (1): 22
dairy product means any food, not being milk, in the 23
production of which: 24
Page 14
Dairy Industry Bill 2000
Amendment of Acts Schedule 1
(a) milk is used, or 1
(b) any substance produced from milk is used. 2
milk includes: 3
(a) any liquid, and 4
(b) any liquid of a class, 5
for the time being described in Schedule 2. 6
private corporation means a corporation within the meaning of 7
the Corporations Law. 8
private subsidiary corporation means a private corporation in 9
which either Safe Food or the New South Wales Dairy Industry 10
Conference has a controlling interest. 11
[2] Section 3A 12
Insert after section 3: 13
3A Amendment of Schedule 2 (meaning of milk) 14
The Governor may, from time to time, by regulation, amend 15
Schedule 2 by adding or removing the description of any liquid, 16
or any class of liquids, specified in the regulation. 17
[3] Section 5 Application of Act to retail premises and primary produce or 18
seafood not intended for sale 19
Omit the definitions of dairy products and milk from section 5 (4). 20
[4] Sections 15A, 15B and 15C 21
Insert after section 15: 22
15A Private corporations 23
(1) Safe Food may, subject to subsection (2): 24
(a) form, or participate in the formation of, private 25
corporations, and 26
(b) acquire interests in private corporations, and 27
Page 15
Dairy Industry Bill 2000
Schedule 1 Amendment of Acts
(c) sell or otherwise dispose of interests in private 1
corporations, 2
whether or not the activities or proposed activities of any such 3
private corporation are related to food safety. 4
(2) Safe Food must not, without the approval of the Minister: 5
(a) form or participate in the formation of, a private 6
subsidiary corporation, or 7
(b) acquire an interest in a private corporation so that, as a 8
result of the acquisition, the corporation becomes a 9
private subsidiary corporation, or 10
(c) sell or otherwise dispose of any interest in a private 11
subsidiary corporation so that, as a result of the sale or 12
disposal, it ceases to be a private subsidiary corporation. 13
(3) The New South Wales Dairy Industry Conference also has the 14
functions conferred on Safe Food by this section. Those 15
functions may be exercised jointly with Safe Food. 16
(4) A private subsidiary corporation is not, and does not represent, 17
the Crown. 18
15B Funding of private subsidiary corporations 19
(1) Safe Food may, out of its funds: 20
(a) pay for the formation of a private corporation, or for 21
other costs incurred, under section 15A, and 22
(b) with the approval of the Minister, make grants of money 23
to a private subsidiary corporation for use in the 24
exercise of its functions. 25
(2) Safe Food may, with the approval of the Minister, transfer any 26
of its assets to a private subsidiary corporation. 27
(3) Safe Food may provide a private subsidiary corporation with 28
information in relation to milk or dairy products or other 29
products given confidentially to Safe Food. 30
(4) A private subsidiary corporation provided with information 31
under this section, and the directors and employees of the 32
corporation, are each subject to the same requirements as Safe 33
Food in relation to the confidentiality of the information. 34
Page 16
Dairy Industry Bill 2000
Amendment of Acts Schedule 1
(5) A private subsidiary corporation which, or a director or 1
employee who, is guilty of a breach of the confidentiality 2
imposed by this section is guilty of an offence against this Act. 3
Maximum penalty: 20 penalty units, or 6 months 4
imprisonment, or both. 5
15C Delegation to private subsidiary corporations 6
The persons to whom Safe Food may delegate its functions 7
under this or any other Act include private subsidiary 8
corporations. 9
[5] Section 16 Establishment of Safe Food Production Advisory Committee 10
Omit section 16 (3) (i). 11
[6] Section 16 (3A) 12
Insert after section 16 (3): 13
(3A) Of the members of the Advisory Committee, one must be a 14
person who has expertise in the handling or selling of primary 15
produce or seafood. 16
[7] Section 17 Functions of Advisory Committee 17
Insert after section 17 (c): 18
(d) to consider, and make recommendations to the Minister 19
about, the funding of Safe Food's functions under 20
this or any other Act. 21
[8] Section 19 Regulations relating to establishment of food safety 22
schemes 23
Insert after section 19 (2) (r): 24
(ra) requiring the collection of licence fees and charges on 25
behalf of Safe Food and the remission of any such fees 26
or charges to Safe Food, 27
(rb) the deduction of licence fees and other charges owed to 28
Safe Food from amounts otherwise payable to the 29
person liable for the fees or charges, 30
Page 17
Dairy Industry Bill 2000
Schedule 1 Amendment of Acts
(rc) the liability of persons with respect to amounts for 1
licence fees or other charges collected on behalf of Safe 2
Food, 3
[9] Section 19 (2A) 4
Insert after section 19 (2): 5
(2A) Without limiting subsection (2) (g), the regulations may permit 6
Safe Food to impose conditions of the following kinds on 7
licences issued under a food safety scheme: 8
(a) a condition prohibiting the passing on of costs related to 9
licences, or other fees charged under this Act, to another 10
person subject to licence or other fees under this Act, 11
(b) a condition requiring a person licensed under this Act to 12
collect on behalf of Safe Food licence fees or other 13
charges payable by another person under this Act and to 14
remit those fees or charges to Safe Food. 15
[10] Section 57 Industry levies 16
Insert after section 57 (3): 17
(4) Nothing in this section prevents a cost of a kind referred to in 18
this section from being covered by a licence fee charged under 19
a food safety scheme. 20
[11] Section 70 Regulations 21
Omit section 70 (2) (c). Insert instead: 22
(c) fees or charges for the purposes of a food safety 23
scheme, including (but not limited to) licence fees and 24
fees or charges for the provision of services to 25
applicants for licences and licence holders, 26
Page 18
Dairy Industry Bill 2000
Amendment of Acts Schedule 1
[12] Section 70 (2A) and (2B) 1
Insert after section 70 (2): 2
(2A) A regulation for or with respect to licence fees or other fees or 3
charges charged for the purposes of a food safety scheme may 4
enable Safe Food to determine a licence fee or other fee or 5
charge or the basis on which a fee or charge is to be 6
determined. 7
(2B) Without limiting subsections (2) (c) and (2A), a licence fee 8
established by or under a food safety scheme may cover the 9
following matters: 10
(a) a fee for participation in the industry covered by the 11
scheme, 12
(b) the costs of Safe Food in administering the food safety 13
scheme and other related provisions of this Act. 14
(2C) Without limiting subsections (2) (c) and (2A), a fee or charge 15
(other than a licence fee) established by or under a food safety 16
scheme may cover the following matters: 17
(a) the costs of the processing of applications for licences 18
and for the grant or renewal of licences, 19
(b) other costs of providing services to applicants for 20
licences and licence holders (whether or not the 21
provision of the service is requested or agreed to), 22
(c) a commercially appropriate profit in relation to the 23
provision of services by Safe Food. 24
[13] Section 71 Amendment of other Acts 25
Omit section 71 (1). 26
Page 19
Dairy Industry Bill 2000
Schedule 1 Amendment of Acts
[14] Schedule 2 1
Omit the Schedule. Insert instead: 2
Schedule 2 Milk 3
(Section 3 (1)) 4
Skim milk 5
Milk for separation into skim milk 6
Milk or skim milk that has been treated for the purpose of 7
pasteurising or sterilising the milk or skim milk, whether or not 8
the pasteurisation or sterilisation is complete 9
Milk that has been treated for the purpose of homogenising the 10
milk, whether or not the homogenisation is complete 11
Ultra heat treated milk, or milk that has been treated by an ultra 12
heat treatment method, whether or not the treatment is 13
complete 14
Ultra heat treated skim milk, or skim milk that has been treated 15
by an ultra heat treatment method, whether or not the treatment 16
is complete 17
Any liquid fitting the description of modified milk as contained 18
in clause (14) (a) Standard H1 of the Food Standards Code 19
Any liquid fitting the description of flavoured liquid milk 20
products as contained in clause (15) (a) Standard H1 of the 21
Food Standards Code 22
23
[15] Schedule 5 Savings, transitional and other provisions 24
Insert at the end of clause 1 (1): 25
Dairy Industry Act 2000 26
Page 20
Dairy Industry Bill 2000
Amendment of Acts Schedule 1
1.5 Search Warrants Act 1985 No 37 1
Section 10 Definitions 2
Omit the matter relating to the Dairy Industry Act 1979 from the definition 3
of search warrant. 4
Page 21
Dairy Industry Bill 2000
Schedule 2 Savings and transitional provisions
Schedule 2 Savings and transitional provisions 1
(Section 26) 2
1 Definitions 3
In this Schedule: 4
former Act means the Dairy Industry Act 1979. 5
2 Regulations 6
(1) The regulations may contain provisions of a savings or transitional 7
nature consequent on the enactment of the following Acts: 8
this Act 9
(2) Any such provision may, if the regulations so provide, take effect from 10
the date of assent to the Act concerned or a later date. 11
(3) To the extent to which any such provision takes effect from a date that 12
is earlier than the date of its publication in the Gazette, the provision 13
does not operate so as: 14
(a) to affect, in a manner prejudicial to any person (other than the 15
State or an authority of the State), the rights of that person 16
existing before the date of its publication, or 17
(b) to impose liabilities on any person (other than the State or an 18
authority of the State) in respect of anything done or omitted to 19
be done before the date of its publication. 20
3 References to Act 21
A reference in any Act (other than this Act) or in any instrument made 22
under any Act to the Dairy Industry Act 1979 is to be read as a 23
reference to or including this Act. 24
4 Members of Conference 25
(1) A person who, immediately before the repeal of Part 1A of the former 26
Act, held office as a member of the Conference ceases to hold office 27
on that repeal. 28
Page 22
Dairy Industry Bill 2000
Savings and transitional provisions Schedule 2
(2) A member who ceases to hold office because of this clause is not 1
entitled to any remuneration or compensation because of so ceasing to 2
hold office but is eligible (if otherwise qualified) to be reappointed as 3
a member of the Conference. 4
5 Continuation of Dairy Industry Conference Regulation 1999 5
(1) The Dairy Industry Conference Regulation 1999, as in force 6
immediately before the repeal of Part 1A of the former Act, continues 7
in force and is taken to be a regulation made under this Act. 8
(2) The Dairy Industry Conference Regulation 1999 may be amended and 9
repealed in the same way as any other regulation made under this Act. 10
6 Assets, rights and liabilities of Conference 11
The assets, rights and liabilities of the Conference constituted under 12
Part 1A of the former Act are, on and from the repeal of that Part, 13
transferred to the Conference constituted under this Act. 14
7 Cancellation of milk quota schemes 15
Any scheme established under section 9 (1) (g) of the former Act is 16
cancelled on and from 1 July 2000. 17
8 Registration certificates under former Act 18
(1) A person who was, immediately before the commencement of this 19
clause, the holder of a certificate of registration under the former Act 20
as a dairy farmer or dairy produce merchant is taken to be the holder 21
of a dairy farmer's licence or dairy produce merchant's licence under 22
the Food Production (Dairy Food Safety Scheme) Regulation 1999. 23
(2) A person who is taken to be the holder of a licence is liable to pay any 24
licence fee or other charge under the Food Production (Dairy Food 25
Safety Scheme) Regulation 1999 that would be payable by a person 26
issued any such licence under that regulation and in force from 1 July 27
2000. 28
(3) The licence ceases to be in force on 1 July 2001 unless it is earlier 29
cancelled under the Food Production (Dairy Food Safety Scheme) 30
Regulation 1999. 31
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Dairy Industry Bill 2000
Schedule 2 Savings and transitional provisions
9 Promotional activities 1
(1) An agreement entered into under section 14 (1A) of the former Act, 2
and having effect immediately before the repeal of that provision, is 3
taken to be an agreement entered into under section 12. 4
(2) A committee established under section 14 of the former Act continues 5
in force and is taken to be a committee established under section 12. 6
10 Compensation provisions 7
Nothing in this Act affects the operation of section 35F of the former 8
Act, as in force immediately before its repeal, and section 35F 9
continues to apply to or in respect of liability for compensation as if it 10
had not been so repealed. 11
11 Private and subsidiary corporations 12
(1) A private corporation established, or an interest in a private corporation 13
acquired, under section 91B of the former Act is taken to have been 14
established or acquired under section 15A of the Food Production 15
(Safety) Act 1998. 16
(2) An approval given under section 91C (2) of the former Act, and in 17
force immediately before the repeal of that provision, is taken to have 18
been given under section 15B (2) of the Food Production (Safety) Act 19
1998. 20
12 Delegations to private subsidiary corporation 21
(1) A delegation in force under section 91D of the former Act 22
immediately before the repeal of that provision is taken to have been 23
given under section 15C of the Food Production (Safety) Act 1998 and 24
continues to have effect as if it had been given under this Act. 25
(2) Subclause (1) applies only to the extent to which a delegation relates 26
to a function that is of the same kind as a function that Safe Food has 27
under this Act. 28
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