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Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
(a)
to provide for the winding up of the affairs, and the abolition, of the
New South Wales Dried Fruits Board established under the Dried
Fruits Act 1939,
(b) to validate certain actions taken to date to wind up the affairs of the
Board,
(c)
to end the regulation under that Act of dried fruits other than dried
prunes,
(d) to provide for the continuing regulation of dried prunes under that Act
until the marketing order referred to in paragraph (e) is made,
(e)
to amend the Marketing of Primary Products Act 1983:
to enable the making of a marketing order with respect to the
dried prunes industry without the need for compliance with the
formal consultation requirements set out in the Act, and
*
to specify the matters that may be included in the order,
(f)
to amend certain other Acts consequentially,
(g)
PO enact other provisions of a consequential or ancillary nature.
The Bill provides for the repeal of the Dried Fruits Act 1939 and the
regulations made under the Act in various stages.
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.
Clause 3 defines certain words and expressions used in the proposed Act.
For example, Board is defined as the New South Wales Dried Fruits Board
established under the Dried Fruits Act 1939 as in force immediately before 1
September 1997 and Director means the Director of Marketing, as referred to
in the definition of Director in the Marketing of Primary Products Act 1983.
Part 2 Membership of Board
Clause 4 provides that members of the Board are taken to have ceased to
hold office as members on 1 October 1997 and that no appointments of
persons as members are taken to be possible on or after that date. The clause
also provides that no elections of persons as members are taken to be possible
on or after 1 August 1997.
Part 3
Winding up of Board
Clause 5 provides for the appointment of a liquidator under the proposed
Act to wind up the affairs of the Board.
Clause 6 sets out the functions of the Director under the proposed Act.
Clause 7 sets out the functions of the liquidator under the proposed Act.
Clause 8 enables the Director, and the liquidator (with the approval of the
Director), to consult with industry representatives in connection with the
winding up.
Explanatory note page 2
Part 4
Limited application of Dried Fruits Act 1939 and
regulation
Clause 9 provides for the cessation on 1 September 1997 of the operation of
the Dried Fruits Act I939 and the Dried Fruits (General) Regulation 1993 in
respect of dried fruits other than dried prunes. However, provision is made
for the continuation (for a limited period) of provisions dealing with the
payment of contributions under the Act in respect of dried fruits.
Clause 10 contains a savings provision in relation to existing directions, and
guidelines, of the Board in so far as they relate to dried prunes.
Part 5
Regulation of dried prunes under the Marketing of
Primary Products Act 1983 for limited period
Clause 11 is a formal provision giving effect to the amendments to the
Marketing of Primary Products Act 1983 set out in Schedule l .
Part 6
Repeal of Dried Fruits Act 1939 and regulations
Clause 12 provides for the repeal of provisions of the Dried Fruits Act 1939
and the Dried Fruits (General) Regulation 1993 dealing with the
establishment of the Board, the requirement for the registration of packing
houses and the annual report of the Board. The clause also repeals the Dried
Fruits (Elections) Regulation 1993 which deals with the election of Board
members.
Clause 13 provides for the repeal of the remaining provisions of the Dried
Fruits Act 1939 and the Dried Fruits (General) Regulation 1993.
Part 7 Miscellaneous
Clause 14 enables the Director-General of the Department of Agriculture to
exercise certain functions that the Board had immediately before 1 September
I997 under the Dried Fruits Act 1939 and the Dried Fruits (General)
Regulation 1993.
Clause 15 makes it clear that a person is not entitled to a refund of the
prescribed fee paid for an application for the registration, or the renewal or
transfer of the registration, of a packing house for the year (or part of the
year) ending 3 1 December 1997 because of the repeal of section 19 of the
Dried Fruits Act 1939 (the provision that imposes the requirement for
registration).
Explanatory note page 3
Clause 16 provides immunity for the Director-General, the Director, the
liquidator and any person acting under the direction of those persons in the
exercise of functions under the proposed Act.
Clause 17 provides that the proposed Act binds the Crown.
Clause 18 validates certain acts done to date for the purposes of winding up
the affairs of the Board.
Clause 19 provides that Part 3 (Staged repeal of statutory rules) of the
Subordinate Legislation Act 1989 does not apply to the Dried Fruits
(General) Regulation 1993.
Clause 20 enables the making of regulations of a savings or transitional
nature.
Clause 21 is a formal provision giving effect to Schedule 2 which contains
amendments to Acts (other than the Marketing of Primary Products Act
Schedule 1
Amendment of Marketing of Primary
Products Act 1983
Schedule 1 [2] amends the Marketing of Primary Products Act 1983 to insert
a new Division 7 in Part 5 containing proposed sections 102E-102H.
Proposed section 102E defines dried prunes for the purposes of the new
Division.
Proposed section 102F enables the Minister to make a marketing order (to
have effect until 3 1 December 1999 unless revoked earlier by the Minister in
accordance with the proposed section) that establishes the Dried Prunes
Industry Marketing Committee.
Proposed section 102G prevents the making of a further marketing order that
deals with the same matters or that would extend the duration of the first
marketing order.
Proposed section 102H provides that certain provisions of the Act that
generally apply to marketing orders do not apply to the marketing order made
for the purposes of the proposed Division. The matters which those
provisions cover include consultation procedures for the making of marketing
orders, the contents of marketing orders and the extension of the duration of
marketing orders.
Explanatory note page 4
Schedule [1] and [3] make amendments consequential on the repeal of the
remaining provisions of the Dried Fruits Act 1939 by clause 13 of the
proposed Act.
Schedule 1 [5] enables the making of regulations of a savings or transitional
nature. Schedule 1 [4] makes a consequential amendment.
Schedule 2
Amendment of other Acts
Schedule 2 amends various Acts that relate to finance and superannuation as
a consequence of the abolition of the Board.
Explanatory note page 5