New South Wales Repealed Acts

This legislation has been repealed.

FOOD PRODUCTION (SAFETY) ACT 1998 - SCHEDULE 5

SCHEDULE 5 – Savings, transitional and other provisions

(Section 72)

Part 1 - Preliminary

1 Regulations

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

this Act

Dairy Industry Act 2000

(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.

(4) Regulations under this clause may make provision for or with respect to preserving the superannuation rights and entitlements of members of staff of a former authority.

Part 2 - Provisions consequent on enactment of this Act

2 Definitions

In this Schedule:
"former authority" means:

(a) the New South Wales Dairy Corporation dissolved under clause 3 (1), and

(b) the New South Wales Meat Industry Authority dissolved under clause 3 (2).

3 Dissolution of Dairy Corporation and Meat Industry Authority

(1) The New South Wales Dairy Corporation is dissolved.

(2) The New South Wales Meat Industry Authority is dissolved.

(3) No remuneration or compensation is payable to any member of a former authority as a result of the dissolution of the former authority.

4 Transfer of assets, rights and liabilities of former authorities

(1) On the dissolution of a former authority, the assets, rights and liabilities of the former authority are transferred to Safe Food.

(2) On the transfer, the following provisions have effect:

(a) the assets of the former authority vest in Safe Food by virtue of this clause and without the need for any conveyance, transfer, assignment or assurance,

(b) the rights and liabilities of the former authority become by virtue of this clause the rights and liabilities of Safe Food,

(c) all proceedings by or on behalf of, or against, the former authority pending immediately before the transfer are taken to be proceedings pending by or against Safe Food,

(d) any act, matter or thing done or omitted to be done in relation to the assets, rights or liabilities before the transfer by, to or in respect of the former authority is (to the extent to which that act, matter or thing has any force or effect) taken to have been done or omitted by, to or in respect of Safe Food,

(e) a reference in any other Act, in any instrument made under another Act, or in any document of any kind, to the former authority is, subject to the regulations under clause 1, to be read as, or as including, a reference to Safe Food.

(3) The operation of this clause is not to be regarded:

(a) as a breach of contract or confidence or otherwise as a civil wrong, or

(b) as a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets, rights or liabilities, or

(c) as giving rise to any remedy by a party to an instrument, or as causing or permitting the termination of any instrument, because of a change in the beneficial or legal ownership of any asset, right or liability, or

(d) as an event of default under any contract or other instrument.

5 Orders of Minister in relation to assets of former authority

(1) The Minister may give Safe Food a direction, in writing, that specified assets of a former authority transferred to Safe Food by the operation of clause 4 are to be used for specified purposes only.

(2) Before giving a direction under subclause (1), the Minister must consult with:

(a) the New South Wales Dairy Industry Conference constituted under the Dairy Industry Act 1979 , if the former authority was the New South Wales Dairy Corporation, or

(b) the Meat Industry Consultative Council established under the Meat Industry Act 1978 , if the former authority was the New South Wales Meat Industry Authority.

6 Duty

Duty is not chargeable in respect of:

(a) the transfer of assets, rights or liabilities under clause 4, or

(b) anything certified by the Minister as having been done in consequence of such a transfer (for example, the transfer or registration of an interest in land).

7 General Manager of NSW Dairy Corporation

(1) The person who, immediately before the dissolution of the New South Wales Dairy Corporation, held office as General Manager of the Corporation ceases on that dissolution to hold that office.

(2) A person who so ceases to hold office is not entitled to any remuneration or compensation because of the loss of that office, except as provided by subclause (3).

(3) Part 2A of the Public Sector Management Act 1988 applies to a person who so ceases to hold office as if the person had ceased to be an executive officer as referred to in section 42Q of that Act.

8 Chairman of Meat Industry Authority

(1) The person who, immediately before the dissolution of the New South Wales Meat Industry Authority, held office as chairman of the Authority ceases on that dissolution to hold that office.

(2) A person who so ceases to hold office is not entitled to any remuneration or compensation because of the loss of that office, except as provided by subclause (3).

(3) Part 2A of the Public Sector Management Act 1988 applies to a person who so ceases to hold office as if the person had ceased to be an executive officer as referred to in section 42Q of that Act.

9 Staff of former authorities

(1) On the dissolution of a former authority, each member of staff of the former authority is transferred to the employment of Safe Food.

(2) Each such member of staff becomes after the transfer a member of staff of Safe Food and continues (until other provision is duly made) to be employed in accordance with the awards, agreements and determinations applying, immediately before the transfer, to members of the staff of the former authority.

(3) Neither the contract of employment nor the period of employment of each member of staff concerned is taken to have been broken by the operation of this Act for the purposes of any law, award or agreement relating to the employment of that member of staff.

(4) Without limiting this clause, this Act does not affect any accrued rights that the member of staff concerned had immediately before the transfer in relation to any kind of leave.

(5) A member of staff concerned is not entitled to receive any payment or other benefit merely because the member ceases to be an employee of the former authority.

(6) A member of staff concerned is not entitled to claim, both under this Act and under any other Act, dual benefits of the same kind for the same period of service.

10 Saving of existing orders

Any order made under a provision of Part 5 of the Dairy Industry Act 1979 that was in force immediately before the commencement of clause 3 (1) is taken to be an order made under that provision of Part 5 by Safe Food.

11 Saving of existing delegations

Any delegation under section 18 of the Dairy Industry Act 1979 that was in force immediately before the commencement of clause 3 (1) is taken to be a delegation made under section 58 of this Act and continues in force unless revoked or varied by Safe Food.