New South Wales Bills Explanatory Notes

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RICE MARKETING AMENDMENT BILL 2007

Explanatory Notes

Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.

This Bill is cognate with the Agricultural Industry Services Amendment Bill 2007.

Overview of Bill


The object of this Bill is to amend the Rice Marketing Act 1983 (the principal Act)
so as:


(a) to prevent the Rice Marketing Board (the Board) from giving an approval for
the sale or supply of rice to persons outside Australia to more than one
authorised buyer of rice (so preserving a “single desk” policy), and

(b) to create an offence (with a maximum penalty of 2,000 penalty units) of selling
or supplying rice to persons outside Australia, and

(c) to increase the membership of the Board from 5 to 7 members by providing for
an additional 2 members to be nominated by the Minister, and

(d) to require the Chairperson of the Board to be elected from among the Board’s
nominated members, and

(e) to increase, from 1 to 2, the number of nominated members required for a
quorum of the Board, and

(f) to enable the Minister to extend the period within which the Board’s annual
meeting must be held, and

(g) to include a provision requiring the principal Act to be reviewed at the end of
2 years after the date of assent to the proposed Act.

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 the date of assent
to the proposed Act.

Clause 3 is a formal provision that gives effect to the amendments to the Rice
Marketing Act 1983 set out in Schedule 1.

Clause 4 provides for the repeal of the proposed Act after all the amendments made
by the proposed Act have commenced. Once the amendments have commenced the
proposed Act will be spent and section 30 of the Interpretation Act 1987 provides
that the repeal of an amending Act does not affect the amendments made by that Act.

Schedule 1 Amendments
Schedule 1 [3] amends section 51A of the principal Act so as to give effect to the
object referred to in paragraph (a) above.

Schedule 1 [4] inserts proposed section 51B into the principal Act so as to give effect
to the object referred to in paragraph (b) above. Schedule 1 [6] amends section 156
of the principal Act to ensure that the maximum penalty that a Local Court can
impose for an offence under the new section is 200 penalty units.

Schedule 1 [1] amends section 11 of the principal Act so as to give effect to the
object referred to in paragraph (c) above. Schedule 1 [2] omits section 12 of the
principal Act as a consequence of that amendment.

Schedule 1 [9] inserts proposed clause 8 into Schedule 6 to the principal Act so as to
give effect to the object referred to in paragraph (d) above.

Schedule 1 [8] amends clause 2 of Schedule 3 to the principal Act so as to give effect
to the object referred to in paragraph (e) above.

Schedule 1 [5] amends section 127 of the principal Act so as to give effect to the
object referred to in paragraph (f) above.

Schedule 1 [7] inserts a new section 165 into the principal Act so as to give effect to
the object referred to in paragraph (g) above.

Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.

 


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