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DAIRY INDUSTRY ACT 2000 - SCHEDULE 2

SCHEDULE 2 – Savings and transitional provisions

(Section 26)

1 Definitions

In this Schedule:
"former Act" means the Dairy Industry Act 1979 .

2 Regulations

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

3 References to Act

A reference in any Act (other than this Act) or in any instrument made under any Act to the Dairy Industry Act 1979 is to be read as a reference to or including this Act.

4 Members of Conference

(1) A person who, immediately before the repeal of Part 1A of the former Act, held office as a member of the Conference ceases to hold office on that repeal.
(2) A member who ceases to hold office because of this clause is not entitled to any remuneration or compensation because of so ceasing to hold office but is eligible (if otherwise qualified) to be reappointed as a member of the Conference.

5 Continuation of Dairy Industry Conference Regulation 1999

(1) The Dairy Industry Conference Regulation 1999 , as in force immediately before the repeal of Part 1A of the former Act, continues in force and is taken to be a regulation made under this Act.
(2) The Dairy Industry Conference Regulation 1999 may be amended and repealed in the same way as any other regulation made under this Act.

6 Assets, rights and liabilities of Conference

The assets, rights and liabilities of the Conference constituted under Part 1A of the former Act are, on and from the repeal of that Part, transferred to the Conference constituted under this Act.

7 Cancellation of milk quota schemes

Any scheme established under section 9 (1) (g) of the former Act is cancelled on and from 1 July 2000.

8 Registration certificates under former Act

(1) A person who was, immediately before the commencement of this clause, the holder of a certificate of registration under the former Act as a dairy farmer or dairy produce merchant is taken to be the holder of a dairy farmer’s licence or dairy produce merchant’s licence under the Food Production (Dairy Food Safety Scheme) Regulation 1999 .
(2) A person who is taken to be the holder of a licence is liable to pay any licence fee or other charge under the Food Production (Dairy Food Safety Scheme) Regulation 1999 that would be payable by a person issued any such licence under that regulation and in force from 1 July 2000.
(3) The licence ceases to be in force on 1 July 2001 unless it is earlier cancelled under the Food Production (Dairy Food Safety Scheme) Regulation 1999 .

9 Promotional activities

(1) An agreement entered into under section 14 (1A) of the former Act, and having effect immediately before the repeal of that provision, is taken to be an agreement entered into under section 12.
(2) A committee established under section 14 of the former Act continues in force and is taken to be a committee established under section 12.

10 Compensation provisions

Nothing in this Act affects the operation of section 35F of the former Act, as in force immediately before its repeal, and section 35F continues to apply to or in respect of liability for compensation as if it had not been so repealed.



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