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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Agricultural Industry Development (Amendment)
Act 2000
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 2
3. Principal Act 2
4. Amendment of purposes 2
5. Definitions 3
6. References to the Chief General Manager substituted 3
7. Voting 3
8. General provisions as to Orders 4
9. Repeal of section 12A 4
10. Functions of Committees 4
11. Orders conferring powers on a Committee 5
12. Committee's proceedings 5
13. Powers of authorised officers 5
14. Scope of Orders 5
15. Membership 6
16. Proceedings 6
17. Fixing of allowances 6
18. Vacancies in membership 6
19. Pecuniary interests of members 6
20. Validity of decisions 6
21. Staff 6
22. Objectives of Committees 7
23. Further provisions as to particular functions and powers 7
24. New sections 39 substituted and 39A inserted 7
39. Establishment of Funds 7
39A. Transfer between funds 8
25. Repeal of section 43 9
26. Plans of operations 9
27. New Division 3 of Part 3 inserted 9
Division 3 -- Action and Project Plans 10
47. Annual action plans 10
48. New projects 11
49. Use of proceeds of charges 12
28. New Part 7 substituted 12
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Clause Page
PART 7--TRANSITIONAL 13
63. Transitional order making powers 13
ENDNOTES 14
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PARLIAMENT OF VICTORIA
Initiated in Assembly 4 October 2000
A BILL
to amend the Agricultural Industry Development Act 1990 and for
other purposes.
Agricultural Industry Development
(Amendment) Act 2000
The Parliament of Victoria enacts as follows:
1. Purpose
The main purpose of this Act is to amend the
Agricultural Industry Development Act 1990
to--
5 (a) abolish the powers of Committees
established under that Act to--
(i) recommend prices;
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(ii) fix or recommend terms and conditions
of payment;
(iii) settle disputes between processors and
producers;
5 (b) abolish Negotiating Committees;
(c) make further provision for determining the
basis of voting under the Act;
(d) make further provision for the imposition of
charges by a Committee.
10 2. Commencement
(1) This Act (except sections 7, 11(2), 24, 27 and 28)
comes into operation on the day after the day on
which it receives the Royal Assent.
(2) Subject to sub-section (3), sections 7, 11(2), 24,
15 27 and 28 come into operation on a day or days to
be proclaimed.
(3) If a provision referred to in sub-section (2) has not
come into operation before 1 November 2001, it
comes into operation on that day.
20 3. Principal Act
See: In this Act, the Agricultural Industry
Act No.
Development Act 1990 is called the Principal
48/1990
Reprint No. 2 Act.
as at
11 March
1999.
LawToday:
25 www.dms.
dpc.vic.
gov.au
4. Amendment of purposes
In section 1 of the Principal Act--
30 (a) in paragraph (a), for sub-paragraphs (iii), (iv)
and (v) substitute--
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"(iii) to establish and manage a general fund
and project funds for the purposes of
this Act;";
(b) paragraph (b) is repealed.
5 5. Definitions
In section 3 of the Principal Act--
(a) for the definition of "Committee"
substitute--
' "Committee" means a Committee
10 established by an Order;';
(b) in the definition of "producer" omit "for
sale" (where twice occurring);
(c) the definition of "Order" is repealed;
(d) insert the following definitions--
15 ' "Department Head" means the
Department Head (within the meaning
of the Public Sector Management and
Employment Act 1998) of the
Department of Natural Resources and
20 Environment;
"Order" means an Order under Part 2;';
(e) the definitions of "Chief General Manager",
"Negotiating Committee", "processor" and
"wine grapes" are repealed.
25 6. References to the Chief General Manager substituted
(1) In sections 5(1) and (3) and 6(1) of the Principal
Act, for "Chief General Manager" substitute
"Department Head".
(2) In section 7(2) of the Principal Act, for "Chief
30 General Manager's" substitute "Department
Head's".
7. Voting
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(1) For section 5(4) of the Principal Act substitute--
"(4) A report must--
(a) include a draft of the proposed Order;
and
5 (b) specify the criteria for determining
eligibility to vote in a poll on the
question of whether the Order should
be made; and
(c) specify the criteria for determining the
10 number of votes a producer may cast in
a poll on the question of whether the
Order should be made.".
(2) In sections 8(1) and 9(7) of the Principal Act, for
"the producers who voted" substitute "votes
15 cast".
(3) After section 19(1)(b) of the Principal Act
insert--
"(ba) must specify the criteria for determining the
number of votes a producer may cast in polls
20 on the continuation of the Order;
(bb) must specify the criteria for determining the
number of votes a producer may cast in
voting for the purposes of section 39A and
Division 3 of Part 3;".
25 8. General provisions as to Orders
In section 12(1) of the Principal Act, omit
", Part 4 and Part 4A".
9. Repeal of section 12A
Section 12A of the Principal Act is repealed.
30 10. Functions of Committees
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(1) In section 15(1) of the Principal Act, for
paragraphs (d), (e) and (f) substitute--
"(d) to establish and manage a general fund and
project funds for the purposes of this Act;".
5 (2) In section 15 of the Principal Act, sub-sections
(2), (3) and (4) are repealed.
11. Orders conferring powers on a Committee
(1) In section 16(1) of the Principal Act, for
paragraphs (a) and (b) substitute--
10 "(a) power to impose, in accordance with this
Act, charges for services it provides;".
(2) In section 16(2) of the Principal Act, for
paragraphs (a), (b) and (c) substitute--
"(a) the amount or rate of the first charge to be
15 imposed by the Committee and the period
not exceeding one year in which the charge
is to apply; and
(b) the basis on which the first charge is to be
calculated; and
20 (c) the maximum amount or rate of each charge
that may be imposed after the first charge
during the term of the Order; and".
12. Committee's proceedings
In section 17 of the Principal Act--
25 (a) in paragraph (b), omit "and";
(b) paragraph (c) is repealed.
13. Powers of authorised officers
In section 18 of the Principal Act, paragraph (b) is
repealed.
30 14. Scope of Orders
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In section 19(1) of the Principal Act, paragraph
(a) is repealed.
15. Membership
In section 23 of the Principal Act, sub-sections (2)
5 and (5) are repealed.
16. Proceedings
(1) In section 24(3) and (6) of the Principal Act, for
"Except in the case of a Negotiating Committee,
if" substitute "If".
10 (2) In section 24 of the Principal Act, sub-sections (4)
and (7) are repealed.
17. Fixing of allowances
In section 25 of the Principal Act, sub-section (2)
is repealed.
15 18. Vacancies in membership
In section 27(1) of the Principal Act--
(a) in paragraph (b), omit "or";
(b) paragraph (c) is repealed.
19. Pecuniary interests of members
20 (1) In section 29(2) of the Principal Act, for "Except
in the case of a Negotiating Committee, sub-
section (1)" substitute "Sub-section (1)".
(2) In section 29 of the Principal Act, sub-section (3)
is repealed.
25 20. Validity of decisions
In section 30 of the Principal Act--
(a) in paragraph (b), omit "or";
(b) paragraph (c) is repealed.
21. Staff
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In section 31 of the Principal Act, omit ", having
regard to the Public Service Determinations,".
22. Objectives of Committees
(1) In section 35(1) of the Principal Act, omit
5 ", including a Negotiating Committee,".
(2) In section 35 of the Principal Act, sub-section (2)
is repealed.
23. Further provisions as to particular functions and
powers
10 In section 37 of the Principal Act, sub-sections
(1), (3), (5) and (6) are repealed.
24. New sections 39 substituted and 39A inserted
For section 39 of the Principal Act, substitute--
"39. Establishment of Funds
15 (1) A Committee must establish--
(a) a project fund for each project that is
approved by producers in accordance
with Division 3;
(b) a general fund.
20 (2) The Committee must pay into a project fund
all charges and other money received by the
Committee in relation to the project for
which the fund was established.
(3) The Committee must pay into the general
25 fund all money received by the Committee
that does not relate to a particular project
including all interest received on money
invested by it, whether in a project fund or
the general fund.
30 (4) Money from a project fund may be applied
by the Committee in the payment of--
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(a) money paid on account of the
Committee or otherwise required to
meet the Committee's expenditure in
connection with the project for which
5 the fund was established;
(b) the remuneration (including
allowances) or the part of the
remuneration of the members and staff
of the Committee that are referable to
10 the project for which the fund was
established.
(5) If, at the end of a financial year, a Committee
has retained in project funds and the general
fund as total reserves more than 20% of the
15 charges that it has collected from producers
in that financial year, the Committee must
publish, in its annual report for that year, the
reasons why it has retained those reserves.
39A. Transfer between funds
20 (1) If a Committee determines that the amount
of money in a project fund is not or will not
be sufficient to meet the required payments
from the fund for its project, the Committee
may transfer money from another project
25 fund or the general fund if the money is
transferred in accordance with--
(a) the approval of the majority of the
votes cast by the producers present or
voting by proxy at a general meeting of
30 producers; and
(b) any conditions imposed with the
approval of the majority of the votes
cast by the producers present or voting
by proxy at a general meeting of
35 producers.
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(2) If a Committee determines that the amount
of money in a project fund exceeds or will
exceed the required payments from the fund
for its project, the Committee may transfer
5 the excess money from that project fund to
another project fund established for a new
project or the general fund if the transfer of
money is approved by the majority of votes
cast by producers present or voting by proxy
10 at a general meeting of producers.
(3) If the Committee determines that there is
sufficient money in the general fund, the
Committee may transfer money from the
general fund to a project fund established for
15 a new project if the new project and the
transfer of money is approved by the
majority of votes cast by producers present
or voting by proxy at a general meeting of
producers.
20 (4) A Committee must pay money out of a
project fund to the general fund if there is
money remaining in the project fund after
the project has been completed and all
expenses for the project have been paid.".
25 25. Repeal of section 43
Section 43 of the Principal Act is repealed.
26. Plans of operations
In section 45(1) of the Principal Act for "If its
constituting Order so requires, a" substitute "A".
30 27. New Division 3 of Part 3 inserted
After section 46 of the Principal Act insert--
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"Division 3--Action and Project Plans
47. Annual action plans
(1) A Committee which proposes to impose a
charge on producers in a year must prepare a
5 recommended action plan for the year in
which the charge is to be imposed including
the proposals of the Committee for each
project that the charge is to finance or
partially finance for that year.
10 (2) The recommended action plan must
include--
(a) details of each project the committee
proposes to undertake or to fund in the
year, including--
15 (i) the objectives of the project;
(ii) the methodology of the project;
(iii) the time over which the project is
to be undertaken;
(iv) the planned outputs of the project;
20 (v) a financial budget for the project
including the estimated costs of
the project and the proportion of
the total cost of the project that is
to be funded by a compulsory
25 charge on producers;
(b) details of the existing financial reserves
of the committee at the beginning of the
year and the projected financial
reserves of the committee at the end of
30 the year;
(c) the reasons for the recommended
retention of any funds to be raised by a
charge on producers;
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(d) details of the anticipated amount and
quantity of commodity to be grown or
produced for that year.
(3) The Committee must submit to a general
5 meeting of the producers of the commodity
who will be liable to pay the charge--
(a) its recommended action plan for the
year; and
(b) resolutions, relating to each of the
10 matters referred to in sub-section
(2)(a)(i), (ii), (iii), (iv) and (v), (b), (c),
and (d), that the meeting agrees to the
recommendations of the Committee
about each of those matters.
15 (4) The Committee must notify producers of the
commodity of the Committee's
recommended action plan for the year at
least 14 days before a general meeting of
producers to consider the recommended
20 plan.
48. New projects
(1) A Committee which proposes in a year of
operation to establish a new project that has
not been approved by producers in relation
25 to an action plan for that year must prepare a
recommended project plan for the new
project including the following details--
(a) the objectives of the project;
(b) the methodology of the project;
30 (c) the time over which the project is to be
undertaken;
(d) the planned outputs of the project;
(e) a financial budget for the project
including the estimated costs of the
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project and the Committee's proposal
for the funding of the project.
(2) The Committee must submit its
recommended project plan to a general
5 meeting of the producers of the commodity.
(3) The Committee must notify producers of the
commodity of the Committee's
recommended project plan at least 14 days
before a general meeting of producers to
10 consider the recommended project plan.
49. Use of proceeds of charges
A Committee must only pay money received
from a charge imposed on producers, other
than the first charge imposed by the
15 Committee, in accordance with--
(a) the recommendations of an action plan
in relation to a project that has been
approved by the majority of votes cast
by producers present or voting by
20 proxy at a general meeting of
producers; or
(b) a project plan for a project that has
been approved by the majority of votes
cast by producers present or voting by
25 proxy at a general meeting of
producers; or
(c) section 39A.".
28. New Part 7 substituted
For Part 7 of the Principal Act substitute--
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"PART 7--TRANSITIONAL
63. Transitional order making powers
(1) This Act, as amended by the Agricultural
Industry Development (Amendment) Act
5 2000, applies to a Committee whether
established before or after the
commencement of section 28 of the
Agricultural Industry Development
(Amendment) Act 2000.
10 (2) Without limiting any other powers of the
Minister under this Act, the Minister, by
notice published in the Government Gazette,
may amend an Order that was in operation
immediately before the commencement of
15 section 28 of the Agricultural Industry
Development (Amendment) Act 2000 to
make consequential amendments to the
Order arising out amendments made to this
Act by the Agricultural Industry
20 Development (Amendment) Act 2000.
(3) An Order amended under sub-section (2) has
effect as so amended on and from the date of
the publication of the notice or on or from
any later day that is specified in the notice.".
25
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Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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