New South Wales Repealed Acts New South Wales Repealed ActsThis legislation has been repealed.
(Section 103)
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act and any of the following Acts:Grain Marketing Amendment Act 2001
(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later day.
(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.
In this Schedule:
"new Board" means the New South Wales Grains Board constituted by this Act.
"old Board" means:
(a) the Barley Marketing Board for the State of New South Wales, or
(b) the Grain Sorghum Marketing Board for the State of New South Wales, or
(c) the Oats Marketing Board for the State of New South Wales, or
(d) the Oilseeds Marketing Board for the State of New South Wales,"relevant day" means the day appointed for the dissolution of the old Board under section 101.
(1) On the relevant day:(a) all assets, rights, liabilities and obligations of the old Board become assets, rights, liabilities and obligations of the new Board, and(b) any act, matter or thing done or omitted to be done before that day by, to or in respect of the old Board is, to the extent that that act, matter or thing has any effect, to be taken to have been done or omitted to be done by, to or in respect of the new Board,except as provided by this Part.
(2) This clause does not apply to the Grain Sorghum Marketing Board for the State of New South Wales.
Despite clause 3, if, before the relevant day, an employee of the Grain Sorghum Marketing Board for the State of New South Wales elects to transfer to the employment of the new Board, arrangements may be made by the liquidator appointed in respect of that Board to transfer to the new Board an amount sufficient to satisfy any obligation that may arise under clause 9 in respect of any redundancy payment to which that employee was entitled on 1 February 1991 and which the new Board may be required to make after the relevant day to that employee.
(1) The scheme of arrangement made in respect of the Oilseeds Marketing Board for the State of New South Wales by an agreement on 21 August 1989 ( "the agreement") is to be completed or otherwise dealt with by the new Board so as to give effect to the scheme of arrangement in accordance with the law applicable immediately before the commencement of this clause.
(2) The annual service fee payable to the new Board for administration of the scheme of arrangement is to be such amount, not exceeding $400,000 per annum, as is agreed between the new Board and the parties to the agreement for the period between the relevant date and the date on which the scheme of arrangement would but for this Act have been completed.
(1) Clause 3 does not apply to or in respect of any liability incurred before the relevant day by:(a) the Oats Marketing Board for the State of New South Wales or the liquidator appointed for the purposes of winding up that Board, or(b) if a liquidator is appointed for the purposes of winding up the Barley Marketing Board for the State of New South Wales before the relevant day-by that Board or liquidator,and any legal proceeding or remedy may be instituted, continued or enforced by the liquidator despite that clause.
(2) If, immediately before the relevant day, a scheme of arrangement has been made in respect of the Barley Marketing Board for the State of New South Wales or the Oats Marketing Board for the State of New South Wales, the agreement is to be completed or otherwise dealt with by the new Board so as to give effect to the scheme of arrangement in accordance with the law applicable immediately before the commencement of this clause.
A person who, immediately before the relevant day, held office as a member of the old Board:
(a) ceases to hold office as such on that day, and
(b) is not entitled to any remuneration or compensation by virtue of having lost that office.
In any other Act, or in any instrument made under any Act or in any other document of any kind, a reference to the old Board is, on and after the relevant day, to be read as a reference to the new Board.
(1) Any person who, immediately before the date of assent to this Act, was employed by the old Board may elect to transfer to employment with the new Board on a day, being a day not later than the relevant day, nominated by the employee in writing ( "the transfer day").
(2) A person who so elects becomes, on the transfer day, an employee of the new Board with the same rights and entitlements and subject to the same obligations as those applicable to the person before that day.
(3) For the purposes of this clause, a person who, immediately before the appointment of a liquidator for the purpose of winding up the Oats Marketing Board for the State of New South Wales was an employee of that Board, is taken to be a person who, immediately before the date of assent to this Act, was employed by that Board.
(4) If a person who becomes an employee of the new Board under this clause resigns his or her employment with the new Board within the period of 6 months immediately following the transfer day, the new Board must make any redundancy payment to the employee to which the employee would have been entitled if he or she had been retrenched by the old Board on that day.
In relation to the accounts of the old Board for the Board’s financial year that, but for this Act, would have ended on or after the relevant day:
(a) the accounts are to be audited by the Auditor-General in the same way as if this Act had not been enacted, and
(b) the Auditor-General has those powers and functions that he or she would have had but for the enactment of this Act, and
(c) the Auditor-General has, in relation to members and employees of the new Board, any powers or functions that he or she could have exercised or performed in relation to members and employees of the old Board but for the enactment of this Act.
On the relevant day, in respect of:
(a) the Barley Marketing Board for the State of New South Wales-the Barley Marketing Board Regulations 1972 , and
(b) the Grain Sorghum Marketing Board for the State of New South Wales-the Grain Sorghum Marketing Board Regulations 1972 , and
(c) the Oats Marketing Board for the State of New South Wales-the Marketing of Primary Products (Oats Marketing Board) Regulation 1988 , and
(d) the Oilseeds Marketing Board for the State of New South Wales-the Oilseeds Marketing Board (NSW) Regulations ,are repealed.
If a liquidator of an old Board has been appointed under the Marketing of Primary Products Act 1983 before the commencement of section 101, the liquidator may (until the relevant day in respect of the Board) exercise such of those functions in respect of the commodity for which the old Board was constituted under that Act as are necessary to wind up the old Board and as are not inconsistent with the exercise of the functions of the new Board under this Act.
On the relevant day in respect of the Grain Sorghum Marketing Board for the State of New South Wales, the Grain Sorghum Marketing Board (Special Provisions) Act 1983 is repealed.
If, on the day coarse grains or oilseeds are declared to be a commodity under Division 3 of Part 2, coarse grains or oilseeds are within the control of a board within the meaning of the Marketing of Primary Products Act 1983 , they are taken, on that day, to be removed from the control of that board.
In this Part:
"former Board" means the Grain Sorghum Marketing Board for the State of New
South Wales as constituted immediately before 28 February 1992.
"liquidator" means the liquidator of the former Board appointed for the
purpose of winding up the Board by proclamation under the Marketing of Primary
Products Act 1983 published in the Gazette on 12 July 1991.
(1) The liquidator (or a person appointed by the Minister to act in place of the liquidator) is taken to be authorised, on and from 28 February 1992, to distribute all money held by the former Board immediately before its dissolution as if the Board had not been dissolved on that day.
(2) Any such distribution is to be carried out in accordance with the authority conferred by the proclamation by which the liquidator was appointed and the Marketing of Primary Products Act 1983 as in force on the day the liquidator was appointed.
(3) For the purposes of this clause, the liquidator or person:(a) may do any act, matter or thing that the liquidator might validly have done but for the dissolution of the Board, and(b) is entitled to any reasonable costs and expenses (including remuneration) from its funds to which the liquidator would have been entitled but for that dissolution.
In this Part:
"amending Act" means the Grain Marketing Amendment Act 2001 .
(1) Any proclamation in force under Division 3 of Part 2 of this Act immediately before the commencement of Schedule 1 [6] to the amending Act is revoked on that commencement.
(2) Any proclamation in force under section 45 immediately before the commencement of Schedule 1 [12] to the amending Act is revoked on that commencement.
(3) Nothing in this clause affects the operation of section 30 of the Interpretation Act 1987 in relation to the amendments made by Schedule 1 [6] and [12] to the amending Act.Note: Section 30 of the Interpretation Act 1987 preserves certain rights, privileges, obligations and liabilities arising under a repealed or amended Act or statutory rule before its repeal or amendment.
(1) In this clause, "existing offence" means an offence against this Act or the regulations that was committed before the commencement of Schedule 1 [3] to the amending Act.
(2) A person is not liable to be prosecuted for an existing offence if:(a) the offence was committed on or after 30 October 2000, and(b) the person would not have been liable to be convicted of the offence had Schedule 1 [3] to the amending Act been in force before the offence was committed, and(c) the person had not been convicted of the offence before the commencement of Schedule 1 [3] to the amending Act.
(1) A commodity that was vested in and the property of the Board by operation of section 45 as in force immediately before the commencement of Schedule 1 [12] to the amending Act continues to be vested in and the property of the Board on and after that commencement for the purposes of this Act.
(2) A reference in this clause to a commodity includes a reference to any primary product that was a commodity within the meaning of section 3 (1) as in force before the commencement of Schedule 1 [3] to the amending Act.
Regulations made as referred to in clause 1 (1) may have effect despite the terms of any savings or transitional provisions contained in this Part, if the regulations so provide.