New South Wales Consolidated Acts

AGRICULTURAL INDUSTRY SERVICES ACT 1998 - SCHEDULE 4

SCHEDULE 4 – Savings, transitional and other provisions

(Section 52A)

Part 1 - General

1 Regulations

(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:

Horticultural Legislation Amendment Act 2000 , but only to the extent that it repeals the Horticultural Stock and Nurseries Act 1969

Agricultural Industry Services Amendment (Interstate Arrangements) Act 2002

Wine Grapes Marketing Board (Reconstitution) Act 2003

Agricultural Industry Services Amendment Act 2007

(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.

(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:

(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or

(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.

Part 2 - Provisions consequent on repeal of Horticultural Stock and Nurseries Act 1969

Division 1 - Interpretation

2 Definitions

In this Part:
"amending Act" means the Horticultural Legislation Amendment Act 2000 .
"cultivate" horticultural stock means to grow, raise or produce the stock otherwise than by propagation.
"establishment period" means the period of 6 months commencing on the day on which the repealed Act is repealed.
"horticultural stock" means any tree, vine, plant, shrub or other vegetation.
"horticultural stock industry" means an industry concerned with:

(a) the propagation of horticultural stock for the purpose of sale, or

(b) the cultivation of such stock for the purpose of sale.

(a) barter or exchange, or

(b) agreeing to sell or offering or exposing for sale, or

(c) having in possession for sale, or

(d) sending, forwarding or delivering for or on sale,

Division 2 - Establishment of horticultural industry service committees

3 Establishment of agricultural industry services committee for horticultural stock industry

(1) Section 4 (2) (b) of this Act does not apply to the establishment of an agricultural industry services committee under this Act in relation to a horticultural stock industry.

(2) Any information concerning a person who was registered as a nurseryman or reseller under the repealed Act immediately before the commencement of the establishment period may be used by the Minister or any such committee for the purposes of this Act to ascertain the constituent members (or proposed constituent members) of the committee.

(3) Subclauses (1) and (2) cease to have effect on the expiry of the establishment period. However, nothing in this subclause affects the validity of any agricultural industry services committee established under this Act during that period in relation to a horticultural stock industry.

4 Levying of rates by agricultural industry services committee

(1) Despite section 23 (2) of this Act, an agricultural industry services committee established under this Act during the establishment period in relation to a horticultural stock industry cannot resolve to levy a rate on its constituents (whether during or after that period) unless the resolution is made in accordance with section 23 (2) (b) of this Act.

(2) Subclause (1) ceases to apply to an agricultural industry services committee immediately after the first time that the committee has successfully made a resolution to levy its constituents in accordance with section 23 (2) (b) of this Act.

Division 3 - General provisions

5 Funds in Horticultural Stock and Nurseries Account

(1) The Minister may direct that any available funds in the Horticultural Stock and Nurseries Account be applied to pay any persons, associations or institutions determined by the Minister to be used by them in any manner that, in the opinion of the Minister, will assist in any of the following:

(a) the establishment of an agricultural industry services committee under this Act in relation to a horticultural stock industry,

(b) the development or protection of a horticultural stock industry.

(2) For the purposes of this clause:

(a) the Horticultural Stock and Nurseries Account is to continue to be kept after the repeal of the repealed Act until the Account is closed in accordance with subclause (3), and

(b) any fees recovered after the repeal of the repealed Act that were payable under the repealed Act immediately before that repeal that would have been payable to the credit of the Horticultural Stock and Nurseries Account had the repealed Act not been repealed are to continue to be paid to the credit of that Account, and

(c) any penalties recovered after the repeal of the repealed Act in respect of offences committed against that Act before its repeal that would have been payable to the credit of the Horticultural Stock and Nurseries Account had the repealed Act not been repealed are to continue to be paid to the credit of that Account.

(3) The Treasurer may, on the recommendation of the Minister:

(a) close the Horticultural Stock and Nurseries Account, and

(b) transfer any funds standing to the credit of the Account on the date of closure to any persons, associations or institutions recommended by the Minister.

(4) In this clause:
"available funds", in relation to the Horticultural Stock and Nurseries Account, means:

(a) any funds standing to the credit of the Account immediately before the repeal of section 20 of the repealed Act, and

(b) any funds subsequently paid to the credit of the Account in accordance with subclause (2).

"Horticultural Stock and Nurseries Account" means the Horticultural Stock and Nurseries Account kept under section 20 of the repealed Act immediately before the repeal of that Act.

6 Continuing operation of Part 5 (Inspections and records) of repealed Act

(1) Sections 16-18 of the repealed Act, as in force immediately before their repeal, continue to apply to any contravention of a provision of the repealed Act (or the regulations made under that Act) that occurred or is alleged to have occurred before the repeal of that provision.

(2) If section 19 of the repealed Act, as in force immediately before its repeal, applied to a person in respect of a record kept, or required to be kept, under that section:

(a) the section continues to apply to that person and record as if section 19 (and any regulation prescribing matters for the purposes of that section) had not been repealed, and

(b) the reference in that section to an inspector has the same meaning as it had immediately before that repeal.

7 Offences committed before repeal of repealed Act

(1) Proceedings for offences under the repealed Act (or the regulations made under that Act) committed, or alleged to have been committed, before the repeal of that Act are to be prosecuted and determined as if the repealed Act had not been repealed.

(2) Accordingly, the law (including any relevant provision of the repealed Act) that would have been applicable to the proceedings had the repealed Act not been repealed continues to apply to the proceedings as if the repealed Act had not been repealed.

(3) Section 13 of the repealed Act, as in force immediately before its repeal, continues to apply to horticultural stock propagated or offered for sale in contravention of a notification under section 12 of the repealed Act before that repeal.

(4) This clause does not affect the operation of section 30 of the Interpretation Act 1987 .

8 Fees payable under repealed Act

(1) Any fee payable under the repealed Act that was unpaid immediately before the repeal of that Act is taken to be payable under this Act.

(2) Any such fee is taken to be a debt due to the Crown and is recoverable by the Director-General in a court of competent jurisdiction.

(3) The repeal of Part 2 (Registration) of the repealed Act does not:

(a) entitle a person to a refund of the prescribed fee paid before that repeal for an application for the registration, or the renewal of the registration, as a nurseryman or reseller for any part of the year in respect of which the fee was paid that elapses after the repeal of that Part, or

(b) affect the liability of any person who was liable to pay (but had not paid) such a fee for the whole of the year to which the liability related even if part of that year elapses after the repeal of that Part.

(4) The repeal of Part 3A (Certification schemes) of the repealed Act does not entitle a person to a refund of the prescribed fee paid before that repeal for an application to participate in an approved certification scheme or for labels for stock grown in accordance with an approved certification scheme.

9 No compensation payable consequent on repeal of repealed Act

No compensation is payable to any person for any damage or other loss suffered by that person by reason of the repeal of the repealed Act by the amending Act.

Part 3 - Provisions consequent on enactment of Agricultural Industry Services Amendment (Interstate Arrangements) Act 2002

10 Definitions

In this Part:
"Murray Valley production area" means the total production area within the meaning of the repealed Act.
"new committee" means:

(a) a committee established by a recognised foundation instrument of Victoria (as referred to in Part 3A of this Act) to provide for citrus fruit grown or produced in the Murray Valley production area, or

(b) a committee established by a foundation regulation under this Act referred to in section 32C (1) to provide for citrus fruit grown or produced in the Murray Valley production area, or

(c) a committee established by a foundation regulation under this Act to provide for citrus fruit grown or produced in that part of the Murray Valley production area that is in New South Wales,

11 Transitional

(1) On the commencement of this Part:

(a) the old Board is abolished and the new committee is the successor in law of the old Board, and

(b) the members of the old Board become the first members of the new committee and those members remain in office as members of the new committee for 12 months (or such longer period not exceeding the transitional period as the Minister determines).

(2) Despite the repeal of the Murray Valley Citrus Marketing Act 1989 :

(a) a person who, immediately before that repeal, was an approved receiver under that Act continues for the transitional period to be an approved receiver for citrus fruit grown or produced in that part of the Murray Valley production area that is in New South Wales for the purposes of the instrument establishing the new committee relating to citrus fruit and for receiving charges payable by primary producers of citrus fruit referred to in that instrument, and

(b) an approved receiver referred to in paragraph (a) must make payments to the new committee:

(i) of amounts deducted in the transitional period from the proceeds of sale of citrus fruit that was delivered to the approved receiver before that repeal, and

(ii) of the charges payable to the new committee that have been deducted by the approved receiver in the transitional period, and

(c) on and from that repeal, unless the context otherwise requires, a reference in any other Act, in any instrument made under an Act or in any document to the old Board is to be a reference to the new committee.

12 Special powers of new committee

(1) The new committee may appoint, by instrument in writing, a person who purchases or receives citrus fruit grown or produced in the Murray Valley production area specified in the instrument establishing the new committee as an approved receiver for the term of the transitional period.

(2) The new committee must cause a list of approved receivers to be published at least once in each year in a newspaper circulating generally in the production area specified in the instrument establishing the new committee.

(3) The new committee must keep a list of approved receivers available for inspection at its office.

13 Duties of approved receivers

(1) An approved receiver must pay to the new committee the charges payable to the new committee that have been deducted by the approved receiver from the proceeds of the sale of citrus fruit delivered to the approved receiver in the transitional period.

Maximum penalty: 50 penalty units.

(2) An approved receiver must comply with any written instructions issued by the new committee relating to information to be submitted to the new committee about the amount of citrus fruit received, packed and processed by the approved receiver and the payments made to the new committee under subclause (1).

Maximum penalty: 50 penalty units.

Part 4 - Provisions consequent on enactment of Wine Grapes Marketing Board (Reconstitution) Act 2003

14 Agricultural Industry Services (Wine Grapes Marketing Board) Regulation 2003

(1) The Agricultural Industry Services (Wine Grapes Marketing Board) Regulation 2003 set out in Schedule 1 to the Wine Grapes Marketing Board (Reconstitution) Act 2003 ( "the new Regulation") may be amended and repealed as if it had been made under this Act, and does not cease to have effect when that Act expires.

(2) Sections 4 and 5 do not apply to the new Regulation.

(3) Section 7 applies to the new Regulation as if it had been made under section 5.

(4) For the purposes of section 7 (2) (b), the term for which each member of the existing body referred to in that paragraph is taken to have been elected or appointed is taken to expire on 2 February 2007.

(5) Part 2 of the Subordinate Legislation Act 1989 does not apply to the new Regulation.

(6) For the purposes of section 10 of the Subordinate Legislation Act 1989 , the new Regulation is taken to have been published on 1 January 2004.

(7) Sections 39, 40 and 41 of the Interpretation Act 1987 do not apply to the new Regulation.

Part 5 - Provisions consequent on enactment of Agricultural Industry Services Amendment Act 2007

15 Definition

In this Part, "the 2007 amending Act" means the Agricultural Industry Services Amendment Act 2007 .

16 Inspectors

Any person who, immediately before the date of assent to the 2007 amending Act, was a Departmental inspector is taken to have been appointed, on that date, as an inspector.

17 Existing rates

The substitution of section 24 by the 2007 amending Act does not affect the validity or operation of any rate levied under that section before its substitution.

18 Existing notices under section 33

The substitution of section 33 by the 2007 amending Act does not affect the validity or operation of any notice served under that section before its substitution.

Part 6 - Provision consequent on enactment of Statute Law (Miscellaneous Provisions) Act 2008

19 Inspectors

Any person who, immediately before the substitution of section 41A by the Statute Law (Miscellaneous Provisions) Act 2008 , was an inspector under this Act is taken to have been appointed as an inspector under that section as so substituted.