New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 25)
In this Schedule:
"appointed day" means the day appointed and notified under section 2 (3).
"new Committee" means the Poultry Meat Industry Committee constituted under
this Act.
"old Committee" means the Chicken Meat Industry Committee constituted under
the Chicken Meat Industry Act 1977 .
(1) The regulations may contain other provisions of a savings or transitional nature consequent on the enactment of this Act and the following Acts:Poultry Meat Industry Amendment (Price Determination) Act 2002Poultry Meat Industry Amendment (Prevention of National Competition Policy Penalties) Act 2005
(2) A provision referred to in subclause (1) may, if the regulations so provide, take effect:(a) as from the appointed day or a later day if the provision is consequent on the enactment of this Act, or(b) as from the date of assent to the Act concerned or a later date if the provision is consequent on the enactment of any other Act.
(3) To the extent to which a provision referred to in subclause (1) 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 therein, 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 therein.
(1) A person who, immediately before the appointed day, held office as a member of the old Committee:(a) shall cease to hold office as such on that day, and(b) is eligible (if otherwise qualified) to be appointed as a member of the new Committee.
(2) A person who ceases to hold office as a member of the old Committee by reason of the operation of this Act is not entitled to be paid any remuneration or compensation by reason of ceasing to hold that office.
(1) Until persons are first nominated as referred to in section 4 (3) (b) or elected as referred to in section 4 (3) (c), such persons as the Minister may appoint to represent processors and growers shall be members of the new Committee instead of the persons referred to in section 4 (3) (b) or (c).
(2) A member appointed by the Minister under section 4 (3) to replace a member who was appointed in accordance with subclause (1) and has held office for less than 2 years shall hold office for the residue of that period.
The new Committee is a continuation of, and the same legal entity as, the old Committee.
On and from the appointed day, a reference in any Act other than this Act, in any instrument made under any Act or in any other instrument of any kind (enacted, made or executed before the appointed day) to the old Committee shall be read as a reference to the new Committee.
Where, before the appointed day, approval was given under section 14 of the Chicken Meat Industry Act 1977 to an agreement, approval shall be deemed to have been given under section 8 to the form of that agreement.
(1) Section 9 (1) does not apply in respect of an agreement entered into by a processor with a grower before the appointed day.
(2) Section 9 (2) applies in respect of an agreement entered into and in force immediately before the appointed day, being an agreement which terminates on or after the appointed day.
The Minister shall call the first meeting of the new Committee in such manner as the Minister thinks fit.
(1) A determination or order made by the Committee before the commencement of this clause with respect to the prices to be paid for designated poultry has effect, and is taken to have had effect, at the time it was made or purported to be made and at all relevant times subsequently, despite the fact that it may not have been validly made.
(2) No action, liability, claim or demand lies against any person (including the Minister or any member of the Committee) for anything done or omitted to be done in relation to the making of a determination or order purportedly made by the Committee under section 10 as in force immediately before the commencement of this clause.
(1) A payment to a grower made before or after the commencement of this clause in accordance with an agreement that provides for payment by means of a scheme operating in the manner of an efficiency incentive scheme is validated.
(2) No action, liability, claim or demand lies against a processor in relation to a price paid by the processor to a grower in accordance with any agreement (including an agreement referred to in subsection (1)) despite a failure to comply with section 11 as in force immediately before the commencement of this clause.
(1) Any agreement entered into before the commencement of this clause continues to have effect according to its terms.
(2) Agreements in a form approved under section 8, as in force immediately before the commencement of this clause, may be entered into after that commencement.
(3) Subclause (2) ceases to have effect on the proclaimed date.
(4) An agreement of the kind referred to in subclause (2) that is entered into after the commencement of this clause ceases to have effect:(a) on the date provided in that regard by the agreement, or(b) on the proclaimed date,whichever is the earlier.
(5) An agreement may not be entered into after the proclaimed date unless it has been approved under section 8, as amended by the Poultry Meat Industry Amendment (Price Determination) Act 2002 .
(6) In this clause, "proclaimed date" means a day appointed by proclamation for the purposes of this clause.
Day proclaimed for the purposes of this clause: 25.10.2002. See Gazette No 173 of 11.10.2002, p 8784.
In this Part:
"the amended Act" means this Act, as amended by the amending Act.
"the amending Act" means the Poultry Meat Industry Amendment (Prevention of
National Competition Policy Penalties) Act 2005 .
"the unamended Act" means this Act, as in force immediately before the
commencement of the amending Act.
(1) The person who, immediately before the commencement of Schedule 1 [3] to the amending Act, was the member of the Committee referred to in section 4 (3) (a) of the unamended Act is taken to have been appointed as the member referred to in section 4 (3) (a) of the amended Act.
(2) A person who, immediately before the commencement of Schedule 1 [3] to the amending Act, was a member of the Committee referred to in section 4 (3) (d) of the unamended Act is taken to have been appointed as a member referred to in section 4 (3) (b) of the amended Act.
(3) Subject to clause 7 of Schedule 1 to the amended Act, each member referred to in subclause (1) or (2) holds office for the residue of the term for which he or she was appointed as a member under the unamended Act.
(1) Subject to subclause (2), the substitution by Schedule 1 [9] to the amending Act of Part 3 of the unamended Act does not affect any existing poultry growing agreement.
(2) The price for batch poultry received by a processor from a grower under an existing poultry growing agreement is to be calculated:(a) at the rate that would be applicable to the poultry under Part 3 of the unamended Act were that Part still in force, or(b) at such other rate as the processor and grower may from time to time agree.
(3) Subclause (2) (a) ceases to have effect at the end of 31 December 2005.
(4) Section 9 of the amended Act applies to any agreement and conduct with respect to an agreement referred to in subclause (2) (b) in the same way as it applies to any agreement and conduct with respect to a poultry growing agreement entered into in accordance with the amended Act.
(5) In this clause, "existing poultry growing agreement" means an agreement entered into, in accordance with Part 3 of the unamended Act, before the substitution of that Part by Schedule 1 [9] to the amending Act.
Section 9A of the unamended Act continues to apply to any agreement and conduct to which it applied immediately before the repeal of that section as if that section had not been repealed.
A person appointed as a member of the Advisory Group under section 6A (3) (c) and holding office as such immediately before the commencement of the amendment made to that provision by the Statute Law (Miscellaneous Provisions) Act 2008 is taken to have been appointed under that provision as so amended.