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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Barley Marketing (Amendment) Act 1998
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose 1
2. Commencement 2
3. Principal Act 2
PART 2--BARLEY MARKETING ACT 1993 3
4. Definitions and interpretation 3
5. Amendment of section 5 5
6. Repeal of Parts 2 and 3 5
7. Deregulation of domestic stockfeed market 5
8. Amendment of section 33 5
9. New section 33A inserted 6
33A. Authorisation 6
10. References to Board 6
11. Repeal 7
12. New Part 12 inserted 7
PART 12--TRANSFER OF PROPERTY 7
79. Transfer of property and dissolution of Board 7
80. Issue and transfer of shares 8
81. Substitution of party to agreement 9
82. Board instruments 10
83. Proceedings 10
84. Stamp Duty 10
85. Staff 11
86. Operation of this Part does not place a person in breach of
contract etc 11
87. Annual reports 12
NOTES 13
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532106B.I1-10/11/98
PARLIAMENT OF VICTORIA
A BILL
to make further provision relating to the marketing of barley, to
dissolve the Australian Barley Board, to amend the Barley Marketing
Act 1993 and for other purposes.
Barley Marketing (Amendment) Act
1998
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The purpose of this Act is to provide for the
deregulation of the domestic market for barley,
5 the dissolution of the Australian Barley Board and
to make further provision for the marketing of
barley.
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2. Commencement
(1) This Part and section 7 come into operation on the
day on which this Act receives the Royal Assent.
(2) Subject to sub-section (3), the remaining
5 provisions of this Act come into operation on a
day or days to be proclaimed.
(3) If a provision referred to in sub-section (2) does
not come into operation before 30 June 1999, it
comes into operation on that day.
10 3. Principal Act
No. 7/1993 as In this Act, the Barley Marketing Act 1993 is
amended by
called the Principal Act.
Nos 93/1997,
26/1998,
46/1998 and
52/1998.
_______________
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PART 2--BARLEY MARKETING ACT 1993
4. Definitions and interpretation
(1) In section 3(1) of the Principal Act insert--
' "ABB Grain Ltd" means ABB Grain Ltd
5 A.C.N. 084 962 130;
"ABB Grain Export Ltd" means ABB Grain
Export Ltd A.C.N. 084 962 112;
"Board instrument" means an instrument
(including a legislative instrument other than
10 this Act) subsisting immediately before the
relevant date--
(a) to which the Board was a party; or
(b) that was given to or in favour of the
Board; or
15 (c) that refers to the Board; or
(d) under which--
(i) money is or may become, payable
to or by the Board; or
(ii) other property is to be, or may
20 become liable to be, transferred to
or by the Board;
"instrument" includes a document and an oral
agreement;
"liabilities" means all liabilities, duties and
25 obligations, whether actual, contingent or
prospective;
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"property" means any legal or equitable estate or
interest (whether present or future and
whether vested or contingent) in real or
personal property of any description;
5 "relevant date" means the date fixed under sub-
section (3) or 30 June 1999, whichever is the
earlier;
"residual grain" means barley of a season
commencing before 1 July 1999 delivered to
10 the Board and forming part of a pool
established by the Board and not marketed or
otherwise disposed of by the Board before
that date;
"rights" means all rights, powers, privileges and
15 immunities, whether actual, contingent or
prospective;
"transferred property" means property, rights
and liabilities that, under Part 12, have
vested in, or become liabilities of, ABB
20 Grain Ltd or ABB Grain Export Ltd;.
(2) In section 3(1) of the Principal Act--
(a) in the definition of "authorised receiver" for
"or other grain on behalf of the Board"
substitute "on behalf of ABB Grain Export
25 Ltd";
(b) in the definition of "Board" after "this Act"
insert "as in force before the commencement
of section 12 of the Barley Marketing
(Amendment) Act 1998";
30 (c) the definitions of "Committee", "grain",
"marketing" and "Selection Committee" are
repealed.
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(3) After section 3(2) of the Principal Act insert--
"(3) The Minister, after consultation with the
South Australian Minister, may, by notice
published in the Government Gazette, fix a
5 date as the relevant date for the purposes of
Part 12.".
(4) Section 4 of the Principal Act is repealed.
5. Amendment of section 5
In section 5 of the Principal Act--
10 (a) in sub-section (1), for "next 5" substitute
"next 7";
(b) sub-section (2) is repealed.
6. Repeal of Parts 2 and 3
Parts 2 and 3 of the Principal Act are repealed.
15 7. Deregulation of domestic stockfeed market
In section 33 of the Principal Act--
(a) after sub-section (3)(d) insert--
"(da) barley of a season commencing after
30 June 1998 sold or delivered for use
20 in Australia for stockfeed purposes;";
(b) in sub-section (4), after "Board" insert "or
for use in Australia for stockfeed purposes".
8. Amendment of section 33
(1) In section 33 of the Principal Act--
25 (a) in sub-sections (1) and (3)(b) and (e), for
"the Board" substitute "ABB Grain Export
Ltd";
(b) in sub-section (3), for paragraphs (c), (d) and
(da) substitute--
30 "(c) barley sold or delivered for
consumption in Australia;".
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10
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(2) In section 33 of the Principal Act, for sub-sections
(4) and (5) substitute--
"(4) A person, other than ABB Grain Export Ltd,
must not buy barley from another person
5 except for consumption in Australia.
(5) Sub-sections (1) and (4) do not apply to a
sale, delivery or purchase of barley for
consumption outside Australia if the barley
is packed in a bag or in a container not
10 capable of holding more than 50 tonnes of
barley and the barley--
(a) meets the prescribed standards (if any);
and
(b) is so packed in accordance with the
15 prescribed requirements (if any).".
9. New section 33A inserted
After section 33 of the Principal Act insert--
"33A. Authorisation
(1) For the purposes of Part IV of the Trade
20 Practices Act 1974 of the Commonwealth
and the Competition Code, the following are
specifically authorised--
(a) the export of barley by ABB Grain
Export Ltd;
25 (b) anything done by ABB Grain Export
Ltd in connection with the export of
barley.
(2) This section does not apply to the export of
barley harvested on or after 1 July 2001.".
30 10. References to Board
(1) In section 34 of the Principal Act--
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(a) for "the Board" (wherever occurring)
substitute "ABB Grain Export Ltd";
(b) after "otherwise agreed" insert "or the barley
does not meet the standards determined by
5 ABB Grain Export Ltd";
(c) in paragraph (b), for "at the price to be paid
under this Act" substitute "at the price for
the time being applicable".
(2) In sections 35, 36, 37 and 41 of the Principal Act,
10 for "The Board" or "the Board" (wherever
occurring) substitute "ABB Grain Export Ltd".
11. Repeal
(1) Sections 38, 39 and 40 of the Principal Act are
repealed.
15 (2) Parts 5, 6, 7, 8 and 9 of the Principal Act are
repealed.
(3) Sections 69 to 75 of the Principal Act are
repealed.
12. New Part 12 inserted
20 After Part 11 of the Principal Act insert--
'PART 12--TRANSFER OF PROPERTY
79. Transfer of property and dissolution of
Board
(1) On the relevant date--
25 (a) the property and rights of the Board,
wherever located, other than property
and rights in the residual grain or shares
in ABB Grain Ltd, vest in ABB Grain
Ltd; and
30 (b) the liabilities of the Board, wherever
located, other than liabilities in respect
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of the residual grain, become liabilities
of ABB Grain Ltd.
(2) On the relevant date--
(a) the property and rights of the Board in
5 the residual grain vest in ABB Grain
Export Ltd; and
(b) the liabilities of the Board, wherever
located, in respect of the residual grain
become liabilities of ABB Grain Export
10 Ltd.
(3) The Board is dissolved on the day after the
relevant date.
80. Issue and transfer of shares
(1) Before the relevant date, in consideration for
15 the transfer of property of the Board under
section 79--
(a) a number of A class shares in ABB
Grain Ltd are to be issued to the Board,
being a number equal to the number of
20 persons who will be entitled to such a
share in accordance with an
arrangement determined by the
Minister and the South Australian
Minister, notice of which has been
25 published in the Government Gazette;
and
(b) a number of B class shares in ABB
Grain Ltd are to be issued to the Board,
being a number equal to the sum of the
30 number of those shares to which
persons will be entitled in accordance
with an arrangement determined by the
Minister and the South Australian
Minister, notice of which has been
35 published in the Government Gazette.
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(2) On the day after the relevant date--
(a) a number of A class shares in ABB
Grain Ltd are deemed to have been
transferred by the Board to the persons
5 entitled to such shares in accordance
with the arrangement referred to in sub-
section (1)(a), each such person
receiving one such share;
(b) a number of B class shares in ABB
10 Grain Ltd are deemed to have been
transferred by the Board to the persons
entitled to such shares in accordance
with the arrangement referred to in sub-
section (1)(b), each such person
15 receiving the number of such shares
determined in accordance with that
arrangement.
(3) Each person to whom a share is transferred
under this section becomes a member of
20 ABB Grain Ltd and is deemed to have
consented to be such a member.
(4) In this section--
"A class share" means an A class share as
provided for in the constitution of ABB
25 Grain Ltd;
"B class share" means a B class share as
provided for in the constitution of ABB
Grain Ltd.
(5) This section has effect despite anything in
30 the Corporations (Victoria) Act 1990.
81. Substitution of party to agreement
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If, under section 79, rights and liabilities of
the Board under an agreement vest in, or
become liabilities of, ABB Grain Ltd or
ABB Grain Export Ltd--
5 (a) ABB Grain Ltd, or ABB Grain Export
Ltd, as the case requires, becomes, on
the relevant date, a party to the
agreement in place of the Board; and
(b) on and after the relevant date, the
10 agreement has effect as if ABB Grain
Ltd, or ABB Grain Export Ltd, as the
case requires, had always been a party
to the agreement.
82. Board instruments
15 Each Board instrument relating to transferred
property continues to have effect according
to its tenor on and after the relevant date as if
a reference in the instrument to the Board
were a reference to ABB Grain Ltd or ABB
20 Grain Export Ltd, as the case requires.
83. Proceedings
If, immediately before the relevant date,
proceedings (including arbitration
proceedings) relating to transferred property
25 to which the Board was a party were pending
or existing in any court or tribunal, then, on
and after the relevant date, ABB Grain Ltd
or ABB Grain Export Ltd, as the case
requires, is substituted for the Board as a
30 party to the proceedings and has the same
rights in the proceedings as the Board.
84. Stamp Duty
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s. 12
Act No.
No stamp duty is chargeable in respect of
anything done under this Part or in respect of
any act or transaction connected with or
necessary to be done by reason of this Part.
5 85. Staff
A person who, immediately before the
relevant date, was an employee of the
Board--
(a) becomes, on that date, an employee of
10 ABB Grain Ltd with the same rights
and entitlements as he or she had
immediately before that date; and
(b) is not entitled to receive any payment
or other benefit by reason only of
15 having ceased to be an employee of the
Board.
86. Operation of this Part does not place a
person in breach of contract etc
To avoid doubt, the operation of this Part is
20 not to be regarded as--
(a) placing a person in breach of contract
or confidence; or
(b) otherwise making a person guilty of a
civil wrong; or
25 (c) placing a person in breach of any
contractual provision prohibiting,
restricting or regulating--
(i) the assignment or transfer of any
asset, liability, right or obligation;
30 or
(ii) the disclosure of any information;
or
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(d) releasing any surety from any of the
surety's obligations in relation to a
liability or obligation that is transferred
under this Part.
5 87. Annual reports
ABB Grain Ltd must give to the Minister
and the South Australian Minister a copy of
its annual report under the Corporations Law
together with such information about the
10 operations of ABB Grain Ltd or ABB Grain
Export Ltd under this Act or the South
Australian Act as the Minister and the South
Australian Minister require.'.
15
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Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
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Act No.
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