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PARLIAMENT OF VICTORIA
Primary Industries Legislation (Miscellaneous
Amendments) Act 2004
Act No.
Victorian Legislation Parliamentary Documents
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purposes 1
2. Commencement 2
PART 2--AMENDMENTS TO THE AGRICULTURAL AND
VETERINARY CHEMICALS (CONTROL OF USE) ACT 1992 3
3. Powers of authorised officers to take samples and specimens 3
4. Repeal of provision relating to age of committee members 4
PART 3--AMENDMENT TO THE DAIRY ACT 2000 5
5. Insertion of new section 21A 5
21A. Minister to ensure tabling of report 5
PART 4--AMENDMENTS TO THE FISHERIES ACT 1995 6
6. Clarification of scope of section 11A 6
7. Levies that may be prescribed for Rock Lobster Fishery Access
Licences 6
8. Appointment of person to vacant office of body 6
PART 5--AMENDMENTS TO THE FISHERIES (FURTHER
AMENDMENT) ACT 2003 7
9. Amendments to provisions concerning who may hold access
and aquaculture licences 7
PART 6--AMENDMENTS TO THE PLANT HEALTH AND
PLANT PRODUCTS ACT 1995 8
10. Declaration of control areas 8
11. Substitution of new Division heading 8
i
551158B.I1-22/4/2004 BILL LA CIRCULATION 22/4/2004
Clause Page
12. Insertion of new section 28A 9
28A. Protection of actions relating to areas where exotic pest
or disease exists 9
13. Insertion of new section 71E 10
71E. Supreme Court--limitation of jurisdiction 10
Victorian Legislation Parliamentary Documents
PART 7--AMENDMENTS TO THE STOCK (SELLER
LIABILITY AND DECLARATIONS) ACT 1993 11
14. Seller may make an ongoing declaration as to disease status 11
15. Seller may make a one-off declaration as to disease status 11
16. Withdrawal of an ongoing declaration 11
17. Substitution of new section 16 12
16. Registration of ongoing declarations 12
18. Substitution of new section 17 and insertion of new
section 17A 13
17. Secretary may suspend registration of ongoing
declaration on certain grounds 13
17A. Secretary may cancel registration of suspended
declaration if grounds remain 14
19. Insertion of new Part 4A 16
PART 4A--REVIEW BY VICTORIAN CIVIL AND
ADMINISTRATIVE TRIBUNAL 16
22A. Review by VCAT 16
20. Other declarations as to quality of stock 17
21. Amendment to regulation-making powers 17
PART 8--THE AUSTRALIAN FOOD INDUSTRY SCIENCE
CENTRE 19
22. Definitions 19
23. Repeal of Australian Food Industry Science Centre Act 1995 19
24. Abolition of Centre, Board and committees 20
25. Money in Fund vests in Trust Account 20
26. State to be successor in law to Centre 20
27. Certain leases deemed to be granted in accordance with the
repealed Act 21
28. Continuation of reservation of Centre land 22
29. Amendment to the Borrowing and Investment Powers
Act 1987 22
ENDNOTES 23
ii
551158B.I1-22/4/2004 BILL LA CIRCULATION 22/4/2004
PARLIAMENT OF VICTORIA
Initiated in Assembly 21 April 2004
Victorian Legislation Parliamentary Documents
A BILL
to amend the Agricultural and Veterinary Chemicals (Control of
Use) Act 1992, the Dairy Act 2000, the Fisheries Act 1995, the
Fisheries (Further Amendment) Act 2003, the Plant Health and
Plant Products Act 1995 and the Stock (Seller Liability and
Declarations) Act 1993 and to repeal the Australian Food Industry
Science Centre Act 1995 and for other purposes.
Primary Industries Legislation
(Miscellaneous Amendments) Act 2004
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purposes
The main purposes of this Act are--
1
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Primary Industries Legislation (Miscellaneous Amendments) Act
2004
Act No.
Part 1--Preliminary
s. 2
(a) to amend the Agricultural and Veterinary
Chemicals (Control of Use) Act 1992, the
Dairy Act 2000, the Fisheries Act 1995, the
Fisheries (Further Amendment) Act 2003,
Victorian Legislation Parliamentary Documents
the Plant Health and Plant Products Act
5
1995 and the Stock (Seller Liability and
Declarations) Act 1993; and
(b) to repeal the Australian Food Industry
Science Centre Act 1995.
2. Commencement
10
(1) This Act, except sections 22 to 26, 28 and 29,
comes into operation on the day after the day on
which it receives the Royal Assent.
(2) Subject to sub-section (3), the remaining
provisions of this Act come into operation on a
15
day or days to be proclaimed.
(3) If a provision referred to in sub-section (2) does
not come into operation before 1 January 2005, it
comes into operation on that day.
__________________
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Act No.
Part 2--Amendments to the Agricultural and Veterinary Chemicals (Control
s. 3
of Use) Act 1992
PART 2--AMENDMENTS TO THE AGRICULTURAL AND
VETERINARY CHEMICALS (CONTROL OF USE) ACT 1992
3. Powers of authorised officers to take samples and
Victorian Legislation Parliamentary Documents
specimens
See:
(1) Sections 54(1)(i)(ii) and 54(1)(i)(iii) of the
5 Act No.
Agricultural and Veterinary Chemicals 46/1992.
Reprint No. 3
(Control of Use) Act 1992 are repealed. as at
17 October
2001 and
amending Act
No. 56/2003.
LawToday:
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dpc.vic.
gov.au
(2) After section 54(1) of the Agricultural and
Veterinary Chemicals (Control of Use) Act
1992 insert--
10
"(1A) An authorised officer has the power to take
and remove for analysis or examination--
(a) samples of any agricultural produce;
(b) samples of a plant (whether alive or
dead) that is not agricultural produce;
15
(c) specimens from an animal, or the
carcass of an animal that is not
agricultural produce;
(d) samples of soil or water;
(e) samples of material deposited in or on
20
an object--
for the following purposes--
(f) to ascertain whether this Act or any
regulations or Orders made under this
Act are being complied with; or
25
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2004
Act No.
Part 2--Amendments to the Agricultural and Veterinary Chemicals (Control
s. 4
of Use) Act 1992
(g) if an officer reasonably believes that the
taking and removing of the specimens
or samples will assist, to ascertain--
(i) possible sources of agricultural
Victorian Legislation Parliamentary Documents
spraying; or
5
(ii) the cause of stock or agricultural
produce being contaminated.".
(3) In section 54(4) of the Agricultural and
Veterinary Chemicals (Control of Use) Act
1992--
10
(a) after "sub-section (1)(i)" insert "or (1A)";
(b) for "or animal" substitute ", plant, animal or
object".
4. Repeal of provision relating to age of committee
members
15
Section 66(5) of the Agricultural and
Veterinary Chemicals (Control of Use) Act
1992 is repealed.
__________________
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Primary Industries Legislation (Miscellaneous Amendments) Act
2004
Act No.
Part 3--Amendment to the Dairy Act 2000
s. 5
PART 3--AMENDMENT TO THE DAIRY ACT 2000
5. Insertion of new section 21A
Victorian Legislation Parliamentary Documents
See:
After section 21 of the Dairy Act 2000 insert-- Act No.
37/2000.
"21A. Minister to ensure tabling of report Reprint No. 1
as at
The Minister must ensure that any annual
5 1 July 2003.
report of the Geoffrey Gardiner Dairy LawToday:
www.dms.
Foundation Ltd ACN 094 733 418 that the dpc.vic.
Minister receives is tabled in each House of gov.au
Parliament within 10 sitting days after the
day that he or she receives the report.".
10
__________________
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Primary Industries Legislation (Miscellaneous Amendments) Act
2004
Act No.
Part 4--Amendments to the Fisheries Act 1995
s. 6
PART 4--AMENDMENTS TO THE FISHERIES ACT 1995
6. Clarification of scope of section 11A
Victorian Legislation Parliamentary Documents
See: At the end of section 11A of the Fisheries Act
Act No.
1995 insert--
92/1995.
Reprint No. 3
"(2) Sub-section (1) does not limit the application
5 as at
16 November
of any provision of this Act.".
2002 and
amending
Acts Nos
80/2000,
17/2002,
24/2003,
56/2003,
97/2003 and
108/2003.
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7. Levies that may be prescribed for Rock Lobster
Fishery Access Licences
In section 151(2) of the Fisheries Act 1995--
(a) in paragraph (d), for "held." substitute
10
"held; or";
(b) after paragraph (d) insert--
"(e) in the case of a Rock Lobster Fishery Access
Licence, in proportion to--
(i) the number of rock lobster pots
15
specified in the licence; and
(ii) the number of quota units held.".
8. Appointment of person to vacant office of body
In clause 4(2) in Schedule 1 to the Fisheries Act
1995, for "member" (where secondly occurring)
20
substitute "person".
__________________
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Primary Industries Legislation (Miscellaneous Amendments) Act
2004
Act No.
Part 5--Amendments to the Fisheries (Further Amendment) Act 2003
s. 9
PART 5--AMENDMENTS TO THE FISHERIES (FURTHER
AMENDMENT) ACT 2003
9. Amendments to provisions concerning who may
Victorian Legislation Parliamentary Documents
hold access and aquaculture licences
See:
(1) In section 29(3) of the Fisheries (Further
5 Act No.
Amendment) Act 2003, in proposed section 108/2003.
LawToday:
57(12) of the Fisheries Act 1995, for "if the www.dms.
licence is held by more than one person" dpc.vic.
gov.au
substitute "unless the person who is to hold the
renewed licence is an individual, a single
10
corporation or a co-operative".
(2) In section 30 of the Fisheries (Further
Amendment) Act 2003, in proposed section 57A
of the Fisheries Act 1995--
(a) in the heading, for "held by more than one
15
person" substitute "not held by one
person";
(b) in sub-section (1)(a), for "held by more than
one person" substitute "not held by an
individual, a single corporation or a co-
20
operative";
(c) in sub-section (1)(b), for "one, and one only,
of those people" substitute ", an individual,
a single corporation or a co-operative that
holds the licence or that is a successor of a
25
person who holds the licence,";
(d) in sub-section (2)(a), for "one, and one only,
of those people" substitute "an individual, a
single corporation or a co-operative that held
the licence or that is a successor of a person
30
who held the licence, immediately before it
was suspended,".
__________________
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Primary Industries Legislation (Miscellaneous Amendments) Act
2004
Act No.
Part 6--Amendments to the Plant Health and Plant Products Act 1995
s. 10
PART 6--AMENDMENTS TO THE PLANT HEALTH AND
PLANT PRODUCTS ACT 1995
10. Declaration of control areas
Victorian Legislation Parliamentary Documents
See: (1) In section 9(4) of the Plant Health and Plant
Act No.
Products Act 1995--
5 51/1995.
Reprint No. 2
(a) for "or plant product" substitute ", plant
as at
31 December
product, used package, used agricultural
2003.
equipment or soil";
LawToday:
www.dms.
(b) for "or plant products" substitute ", plant
dpc.vic.
gov.au
products, used packages, used agricultural
10
equipment or soil".
(2) In section 9(5) of the Plant Health and Plant
Products Act 1995--
(a) for "or soil" (where first and thirdly
occurring) substitute ", used packages, used
15
agricultural equipment or soil";
(b) omit "for scientific purposes or to examine
samples of the plants, plant products or soil".
11. Substitution of new Division heading
For the heading to Division 4 of Part 3 of the
20
Plant Health and Plant Products Act 1995
substitute--
"Division 4--Special Provisions".
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Primary Industries Legislation (Miscellaneous Amendments) Act
2004
Act No.
Part 6--Amendments to the Plant Health and Plant Products Act 1995
s. 12
12. Insertion of new section 28A
After section 28 of the Plant Health and Plant
Products Act 1995 insert--
Victorian Legislation Parliamentary Documents
"28A. Protection of actions relating to areas
where exotic pest or disease exists
5
(1) The Minister may by order in writing certify
that--
(a) an outbreak of an exotic pest or an
exotic disease exists in any part of
Victoria; or
10
(b) an outbreak of an exotic pest or an
exotic disease exists in any part of
Australia outside Victoria and it is
necessary or expedient to take action,
including making an order under this
15
Act, to prevent, or reduce the risk of,
the spread of the pest or disease to
Victoria.
(2) If an order has been made by the Minister
under sub-section (1), no proceedings for an
20
injunction, or for any order in the nature of a
prerogative writ, or an order of any other
kind, may be instituted or continued in any
court against the Minister, the Secretary, an
inspector or any other person that would
25
stop, prevent or restrain the Minister,
Secretary, inspector or other person from
taking or purporting to take any action,
including the making of orders and
authorisations under this Act, in relation to,
30
or in consequence of, an outbreak or
suspected outbreak of an exotic pest or an
exotic disease within Victoria or within any
other part of Australia referred to in an order
under sub-section (1)(b).
35
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Act No.
Part 6--Amendments to the Plant Health and Plant Products Act 1995
s. 13
(3) An order under this section comes into force
on the date it is published in the Government
Gazette.
(4) Nothing in this section prevents the
Victorian Legislation Parliamentary Documents
institution or continuation in any court of any
5
action or proceedings to recover damages in
respect of any loss incurred or damage
suffered as a result of any act or omission in
the negligent exercise or purported exercise
by any person of a power or authority
10
conferred by or under this Act.".
13. Insertion of new section 71E
After section 71D of the Plant Health and Plant
Products Act 1995 insert--
"71E. Supreme Court--limitation of jurisdiction
15
It is the intention of section 28A(2) to alter
or vary section 85 of the Constitution Act
1975.".
__________________
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Primary Industries Legislation (Miscellaneous Amendments) Act
2004
Act No.
Part 7--Amendments to the Stock (Seller Liability and Declarations) Act
s. 14
1993
PART 7--AMENDMENTS TO THE STOCK (SELLER
LIABILITY AND DECLARATIONS) ACT 1993
14. Seller may make an ongoing declaration as to
Victorian Legislation Parliamentary Documents
disease status
See:
In section 11(1)(a) of the Stock (Seller Liability
5 Act No.
and Declarations) Act 1993-- 113/1993.
Reprint No. 1
(a) in sub-paragraph (ii) for "Part; and" as at
18 September
substitute "Part; or"; 1997 and
amending Act
(b) after sub-paragraph (ii) insert-- Nos 58/1997,
46/1998 and
"(iii) will be, or will not be, free of certain
10 56/2003.
diseases described in the regulations for LawToday:
www.dms.
the purposes of this Part; and". dpc.vic.
gov.au
15. Seller may make a one-off declaration as to disease
status
In section 12(1)(a) of the Stock (Seller Liability
15
and Declarations) Act 1993--
(a) in sub-paragraph (ii) for "Part; and"
substitute "Part; or";
(b) after sub-paragraph (ii) insert--
"(iii) will be, or will not be, free of certain
20
diseases described in the regulations for
the purposes of this Part; and".
16. Withdrawal of an ongoing declaration
In section 14(1) of the Stock (Seller Liability
and Declarations) Act 1993, after "ongoing
25
declaration" insert "that has been registered by
the Secretary".
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Act No.
Part 7--Amendments to the Stock (Seller Liability and Declarations) Act
s. 17
1993
17. Substitution of new section 16
For section 16 of the Stock (Seller Liability and
Declarations) Act 1993 substitute--
Victorian Legislation Parliamentary Documents
"16. Registration of ongoing declarations
(1) The Secretary may register an ongoing
5
declaration if--
(a) requested in writing to do so by the
person who made the declaration; and
(b) the request for registration is
accompanied by the required fee (if
10
any).
(2) The Secretary may refuse to register the
declaration if--
(a) the person making the declaration has
been convicted of an offence against
15
section 11 or 12 within the 3 years
immediately before the date the
registration is requested; or
(b) the Secretary has reasonable grounds
for believing that the person making the
20
declaration will be unable to comply
with any part of the declaration.
(3) In deciding whether to refuse registration on
the ground set out in sub-section (2)(a), the
Secretary must have regard to the
25
seriousness of the offence.
(4) The Secretary must, within 14 days of
making a decision under sub-section (1)
or (2), give the person--
(a) written notice of the decision, including
30
the date of the decision; and
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Act No.
Part 7--Amendments to the Stock (Seller Liability and Declarations) Act
s. 18
1993
(b) if the Secretary refuses the registration,
a written statement setting out the
reasons for refusing the registration
which must accompany the notice.".
Victorian Legislation Parliamentary Documents
18. Substitution of new section 17 and insertion of new
5
section 17A
For section 17 of the Stock (Seller Liability and
Declarations) Act 1993 substitute--
"17. Secretary may suspend registration of
ongoing declaration on certain grounds
10
(1) The Secretary may suspend the registration
of an ongoing declaration for a period not
exceeding 3 years if the Secretary is satisfied
that any of the following grounds exist--
(a) the person who made the declaration
15
will be unable to comply with any part
of the declaration;
(b) the person who made the declaration
has not complied with any part of the
declaration;
20
(c) the continued existence of the
declaration on the register may cause
damage to the Victorian or Australian
livestock industry or any segment of
that industry.
25
(2) The Secretary must give written notice to a
person whose declaration has been
suspended of the decision to suspend the
registration (including the date of the
decision) accompanied by a written
30
statement setting out the reasons for
suspending the registration.
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Act No.
Part 7--Amendments to the Stock (Seller Liability and Declarations) Act
s. 18
1993
(3) A suspension of the registration of an
ongoing declaration takes effect on--
(a) the 28th day after the person who made
the declaration received the notice of
Victorian Legislation Parliamentary Documents
the suspension under sub-section (2); or
5
(b) if the person requests a statement of
reasons for the decision under the
Victorian Civil and Administrative
Tribunal Act 1998, the 28th day after
the day on which the statement is given
10
to the person or the person is informed
under section 46(5) of that Act that a
statement of reasons will not be given;
or
(c) if the person applies to the Victorian
15
Civil and Administrative Tribunal for a
review of the decision, the day that the
Tribunal affirms the decision of the
Secretary to suspend the registration.
17A. Secretary may cancel registration of
20
suspended declaration if grounds remain
(1) The Secretary may cancel the registration of
an ongoing declaration that has been
suspended under section 17.
(2) The Secretary may cancel the registration
25
if--
(a) more than half the period of the
suspension has expired; and
(b) the Secretary is satisfied that any of the
grounds upon which the suspension
30
was based still exist.
(3) If the Secretary cancels the registration of an
ongoing declaration, he or she must, within
14 days of the decision to cancel the
registration, give to the person whose
35
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Act No.
Part 7--Amendments to the Stock (Seller Liability and Declarations) Act
s. 18
1993
registration is cancelled a written notice
setting out the following--
(a) that the Secretary has decided to cancel
the registration;
Victorian Legislation Parliamentary Documents
(b) the date of the decision;
5
(c) the reasons why the Secretary is
satisfied that the ground or grounds for
suspension still exist;
(d) that the person may apply for a review
of the decision under section 22A.
10
(4) The cancellation of the registration of an
ongoing declaration takes effect on--
(a) the 28th day after the day that the
person who made the declaration
received notice of the cancellation
15
under sub-section (3); or
(b) if the person requests a statement of
reasons for the decision under the
Victorian Civil and Administrative
Tribunal Act 1998, the 28th day after
20
the day on which the statement is given
to the person or the person is informed
under section 46(5) of that Act that a
statement of reasons will not be given;
or
25
(c) if the person applies to the Victorian
Civil and Administrative Tribunal for a
review of the decision, the date that the
Tribunal affirms the decision of the
Secretary to cancel the registration.
30
(5) If--
(a) the Secretary cancels the registration of
an ongoing declaration; and
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Part 7--Amendments to the Stock (Seller Liability and Declarations) Act
s. 19
1993
(b) gives notice of the cancellation within
the period of suspension; and
(c) the period of suspension of the
registration expires before the
Victorian Legislation Parliamentary Documents
cancellation takes effect under sub-
5
section (4)--
the suspension is to be treated as continuing
to have effect until the day the cancellation
takes effect.".
19. Insertion of new Part 4A
10
After Part 4 of the Stock (Seller Liability and
Declarations) Act 1993 insert--
"PART 4A--REVIEW BY VICTORIAN CIVIL
AND ADMINISTRATIVE TRIBUNAL
22A. Review by VCAT
15
(1) A person whose interests are affected by the
relevant decision may apply to the Victorian
Civil and Administrative Tribunal
established under the Victorian Civil and
Administrative Tribunal Act 1998 for
20
review of--
(a) a decision to refuse to register an
ongoing declaration; or
(b) a decision to suspend the registration of
an ongoing declaration; or
25
(c) a decision to cancel the registration of
an ongoing declaration.
(2) An application for review under sub-
section (1) must be made within 28 days--
(a) of the day on which the Secretary gives
30
notice of the decision to the person; or
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Part 7--Amendments to the Stock (Seller Liability and Declarations) Act
s. 20
1993
(b) if, under the Victorian Civil and
Administrative Tribunal Act 1998,
the person requests a statement of
reasons for the decision, of the day on
Victorian Legislation Parliamentary Documents
which the statement of reasons is given
5
to the person or the person is informed
under section 46(5) of that Act that a
statement of reasons will not be
given.".
20. Other declarations as to quality of stock
10
For section 18A(1)(b) of the Stock (Seller
Liability and Declarations) Act 1993
substitute--
"(b) that relates to the--
(i) treatment of that stock; or
15
(ii) feed of that stock; or
(iii) husbandry of that stock; or
(iv) pasturing of that stock; or
(v) health status of that stock, including
whether or not it is free from disease; or
20
(vi) testing of that stock for the presence of
disease; and".
21. Amendment to regulation-making powers
In section 38(1) of the Stock (Seller Liability
and Declarations) Act 1993--
25
(a) in paragraph (g), for "conditions and
characteristics" substitute "conditions,
diseases and other characteristics";
(b) in paragraph (i), after "not having, a" insert
"disease or other";
30
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Act No.
Part 7--Amendments to the Stock (Seller Liability and Declarations) Act
s. 21
1993
(c) in paragraph (j), for "condition or
characteristic" substitute "condition, disease
or other characteristic".
__________________
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Primary Industries Legislation (Miscellaneous Amendments) Act
2004
Act No.
Part 8--The Australian Food Industry Science Centre
s. 22
PART 8--THE AUSTRALIAN FOOD INDUSTRY SCIENCE
CENTRE
22. Definitions
Victorian Legislation Parliamentary Documents
In this Part--
"Centre" means the Australian Food Industry
5
Science Centre established by section 5 of
the Australian Food Industry Science
Centre Act 1995;
"Centre land" means the land shown cross-
hatched on the plan in the Schedule to the
10
repealed Act;
"commencement day" means the day on which
section 23 comes into operation;
"Board" means the board of directors of the
Centre;
15
"repealed Act" means the Australian Food
Industry Science Centre Act 1995 repealed
by section 23.
23. Repeal of Australian Food Industry Science Centre
Act 1995
20
See:
The Australian Food Industry Science Centre Act No.
Act 1995 is repealed. 18/1995
and
amending
Act No.
46/1998.
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dpc.vic.
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2004
Act No.
Part 8--The Australian Food Industry Science Centre
s. 24
24. Abolition of Centre, Board and committees
On the commencement day--
(a) the Centre is abolished;
Victorian Legislation Parliamentary Documents
(b) the Board is abolished and the directors of
the Board go out of office;
5
(c) any advisory committee established by the
Board under section 22 of the repealed Act is
abolished and any member of such a
committee ceases to be a member of that
committee;
10
(d) the Office of the Chief Executive Officer of
the Centre appointed under section 21 of the
repealed Act is abolished and the person
holding that office goes out of office.
25. Money in Fund vests in Trust Account
15
On the commencement day, any money standing
to the credit of the Australian Food Industry
Science Centre Fund established by section 24 of
the repealed Act vests in the Trust Account
established under section 19 of the Financial
20
Management Act 1994 and known as the Primary
Industries Project Trust Account.
26. State to be successor in law to Centre
(1) On the commencement day--
(a) all rights, property and assets (including
25
records and documents) that immediately
before that day were vested in the Centre are,
by force of this sub-section, vested in the
State;
(b) all debts, liabilities and obligations of the
30
Centre existing immediately before that day
become, by force of this sub-section, debts,
liabilities and obligations of the State;
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s. 27
(c) the State is, by force of this sub-section,
substituted as a party to any arrangement,
agreement or contract or lease over land
entered into by or on behalf of the Centre as
Victorian Legislation Parliamentary Documents
a party and in force immediately before that
5
day;
(d) the State is, by force of this sub-section,
substituted as a party to any proceeding
pending in any court or tribunal to which the
Centre was a party immediately before that
10
day.
(2) On and after the commencement day, unless a
contrary intention appears, a reference to the
Centre or to the Board in any document
whatsoever (other than this Act) is deemed to be a
15
reference to the State.
27. Certain leases deemed to be granted in accordance
with the repealed Act
(1) The lease granted or purported to be granted by
the Chief Executive Officer of the Centre on
20
behalf of the Centre to Eureka! AgResearch Pty
Ltd ACN 086 194 738 on 2 September 2002 over
the Centre land described in that lease as being--
(a) part of the building known as the Gilbert
Chandler Centre situated in Sneydes Road
25
Werribee; and
(b) part of the building known as the Resource
Centre Building situated in Dairy Road
Werribee; and
(c) part of the area known as the Resource
30
Centre compound situated in Dairy Road
Werribee--
is deemed to have been granted by the Centre in
accordance with section 7(2)(g) of the repealed
Act.
35
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Part 8--The Australian Food Industry Science Centre
s. 28
(2) The lease granted or purported to be granted under
section 7(2)(g) of the repealed Act to the
University of Melbourne (Institute of Land and
Food Resources) ABN 84 002 705 224 on
Victorian Legislation Parliamentary Documents
18 September 1997 in respect of the Centre land
5
described in that lease as being part of the
building known as the Gilbert Chandler Centre
situated in Sneydes Road Werribee is deemed to
have been granted by the Centre in accordance
with that section with the approval of the Minister
10
who was at that time responsible for the repealed
Act.
28. Continuation of reservation of Centre land
Despite the repeal of section 27 of the repealed
Act, the Centre land continues to be temporarily
15
reserved in accordance with section 27(2)(b) of
that Act.
See: 29. Amendment to the Borrowing and Investment
Act No.
Powers Act 1987
13/1987.
Reprint No. 7
Item 36 in Schedule 1 to the Borrowing and
20 as at
3 November
Investment Powers Act 1987 is repealed.
2003
and
amending
Act No.
85/2003.
LawToday:
www.dms.
dpc.vic.
gov.au
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Primary Industries Legislation (Miscellaneous Amendments) Act
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Act No.
Endnotes
ENDNOTES
Victorian Legislation Parliamentary Documents
By Authority. Government Printer for the State of Victoria.
23
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