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Western Australia
Dairy Industry and Herd Improvement
Legislation Repeal Bill 2000
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Arrangements for commencement of Part 2 2
4. Arrangements for commencement of Part 3 3
5. Definitions 3
6. Day to be fixed for purposes of section 22 4
Part 2 -- Repeal of Dairy Industry Act 1973
and related provisions
Division 1 -- Interpretation
7. Definitions 5
Division 2 -- Repeal and transitional provision
8. Dairy Industry Act 1973 repealed 5
9. Performance of necessary transitional functions 5
Division 3 -- Transfer of DIA's business to the
Company
10 . Purposes of this Division 6
11 . Transfer of DIA's business to the Company 7
12 . Determination of amount of consideration for sale 7
13 . Consideration to be satisfied by allotment of shares 7
14 . Minister to transfer shares 8
15 . DIA to prepare statement 8
16 . Values etc. may be estimated if necessary 8
page i
110--1
Dairy Industry and Herd Improvement Legislation Repeal Bill 2000
Contents
Division 4 -- Consequential amendments to other
Acts
17 . Constitution Acts Amendment Act 1899 9
18 . Financial Administration and Audit Act 1985 9
19 . Government Employees Superannuation Act 1987 9
20 . Public Sector Management Act 1994 9
21 . Stock (Identification and Movement) Act 1970 10
Part 3 -- Repeal of Herd Improvement
Service Act 1984 and related provisions
Division 1 -- Interpretation
22 . Definitions 11
Division 2 -- Repeal and transitional provision
23 . Herd Improvement Service Act 1984 repealed 11
24 . Performance of necessary transitional functions 11
Division 3 -- Transfer of HISWA's business to the
Company
25 . Purposes of this Division 12
26 . Transfer of HISWA's business to the Company 13
27 . Determination of amount of consideration for sale 13
28 . Consideration to be satisfied by allotment of shares 13
29 . Minister to transfer shares 14
30 . HISWA to prepare statement 14
31 . Values etc. may be estimated if necessary 14
Division 4 -- Consequential amendments to other
Acts
32 . Financial Administration and Audit Act 1985 15
33 . Government Employees Superannuation Act 1987 15
34 . Public Sector Management Act 1994 15
Part 4 -- Transitional provisions
35. Definitions 16
36 . Interpretation Act to apply 17
37 . Members cease to hold office 17
38 . References to former body in agreements and
instruments 17
39 . Proceedings and remedies 17
40 . Other things in progress 18
page ii
Dairy Industry and Herd Improvement Legislation Repeal Bill 2000
Contents
41 . Records 18
42 . Stamp duty 18
43 . Annual report for part of year 19
44 . Completion of things commenced 19
45 . Further transitional provision may be made 19
46 . Saving 20
Part 5 -- Duration of Act
47 . Duration of Act 21
Defined Terms
page iii
Western Australia
LEGISLATIVE ASSEMBLY
Dairy Industry and Herd Improvement
Legislation Repeal Bill 2000
A Bill for
An Act to --
· repeal the Dairy Industry Act 1973 and the Herd
Improvement Service Act 1984;
· provide for the transfer of the assets and liabilities of the
Dairy Industry Authority of Western Australia to a
public company;
· provide for the transfer of the assets and liabilities of the
Herd Improvement Service of Western Australia to a
public company;
· consequentially amend certain Acts,
and for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Dairy Industry and Herd Improvement Legislation Repeal Bill 2000
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Dairy Industry and Herd
Improvement Legislation Repeal Act 2000.
5 2. Commencement
(1) Unless this section specifies otherwise, the provisions of this
Act come into operation on the day on which it receives the
Royal Assent.
(2) Part 2 comes into operation on a day fixed by proclamation, but
10 the proclamation cannot be made until the Minister has given to
the Governor a certificate in accordance with section 3.
(3) Part 3 comes into operation on a day fixed by proclamation, but
the proclamation cannot be made until the Minister has given to
the Governor a certificate in accordance with section 4.
15 (4) Part 4 comes into operation on the earlier of the days fixed
under subsections (2) and (3) or, if the days so fixed are the
same day, on that day.
3. Arrangements for commencement of Part 2
The Minister may give to the Governor the certificate required
20 by section 2(2) when the Minister is satisfied that --
(a) there is in existence a body incorporated under the
Corporations Law by the name "Dairy Western
Australia Limited" ("the Company");
(b) the provisions of the constitution of the Company are
25 appropriate to achieve the purposes of Part 2 Division 3;
(c) the Company has in writing notified the Minister that it
agrees to the provisions of Part 2 Division 3, so far as
they affect the Company;
page 2
Dairy Industry and Herd Improvement Legislation Repeal Bill 2000
Preliminary Part 1
s. 4
(d) the employment of each person appointed under
section 17, 19 or 85 of the Dairy Industry Act 1973 has
been arranged with the Company or the person is
covered by provisions applicable under Part 6 of the
5 Public Sector Management Act 1994; and
(e) all other necessary arrangements have been made for the
commencement of Part 2.
4. Arrangements for commencement of Part 3
The Minister may give to the Governor the certificate required
10 by section 2(3) when the Minister is satisfied that --
(a) there is in existence a body incorporated under the
Corporations Law by the name "Farmwest Services
Limited" ("the Company");
(b) the provisions of the constitution of the Company are
15 appropriate to achieve the purposes of Part 3 Division 3;
(c) the Company has in writing notified the Minister that it
agrees to the provisions of Part 3 Division 3, so far as
they affect the Company;
(d) the employment of each person appointed under
20 section 12(1) of the Herd Improvement Service Act 1984
has been arranged with the Company or the person is
covered by provisions applicable under Part 6 of the
Public Sector Management Act 1994; and
(e) all other necessary arrangements have been made for the
25 commencement of Part 3.
5. Definitions
In this Act, unless the contrary intention appears --
"DIA" means the Dairy Industry Authority of Western
Australia established by section 10 of the Dairy Industry
30 Act 1973;
page 3
Dairy Industry and Herd Improvement Legislation Repeal Bill 2000
Part 1 Preliminary
s. 6
"HISWA" means the Herd Improvement Service of Western
Australia established by section 4 of the Herd Improvement
Service Act 1984.
6. Day to be fixed for purposes of section 22
5 (1) The Minister is to fix a day for the purposes of the definition of
"HISWA customers" in section 22.
(2) The Minister is to cause notice of the day fixed under
subsection (1) to be published in the Gazette.
page 4
Dairy Industry and Herd Improvement Legislation Repeal Bill 2000
Repeal of Dairy Industry Act 1973 and related provisions Part 2
Interpretation Division 1
s. 7
Part 2 -- Repeal of Dairy Industry Act 1973 and related
provisions
Division 1 -- Interpretation
7. Definitions
5 In this Part, unless the contrary intention appears --
"appointed day" means the day fixed under section 2(2);
"Company" means the body referred to in section 3(a);
"dairy producer" means a person who immediately before the
appointed day was a dairyman as defined in the
10 repealed Act;
"repealed Act" means the Act repealed by section 8.
Division 2 -- Repeal and transitional provision
8. Dairy Industry Act 1973 repealed
The Dairy Industry Act 1973 is repealed.
15 9. Performance of necessary transitional functions
(1) Despite the repeal effected by section 8, DIA continues in
existence for the purpose of --
(a) receiving the notice referred to in section 12(4);
(b) performing the functions described in sections 15
20 and 41; and
(c) reporting as required by section 66 of the Financial
Administration and Audit Act 1985 and section 43.
(2) The accountable authority, within the meaning of the Financial
Administration and Audit Act 1985, of DIA also continues in
25 existence for the purpose described in subsection (1)(c).
page 5
Dairy Industry and Herd Improvement Legislation Repeal Bill 2000
Part 2 Repeal of Dairy Industry Act 1973 and related provisions
Division 3 Transfer of DIA's business to the Company
s. 10
(3) For the purposes of subsection (1) DIA --
(a) is to be constituted by a person appointed by the
Minister; and
(b) is to perform the functions referred to in that subsection
5 through that person.
(4) The person referred to in subsection (3) holds office at the
pleasure of the Minister and on such terms and conditions as the
Minister determines.
(5) DIA has the powers that are necessary or convenient for the
10 purposes of subsection (1).
(6) The Minister is to provide the clerical or other assistance that
DIA reasonably requires for the purposes of subsection (1).
Division 3 -- Transfer of DIA's business to the Company
10. Purposes of this Division
15 (1) The purposes of this Division are to bring about --
(a) the transfer of the assets and liabilities of DIA to the
Company by way of sale of DIA's business;
(b) the issue to the Minister on behalf of the State of shares
in the Company ("the shares") equal to the net asset
20 value of that business; and
(c) the transfer of the shares to dairy producers by the
Minister on behalf of the State.
(2) This to be done on the basis that the shares will be transferred to
dairy producers --
25 (a) in the manner determined by the Minister after
consultation with the Company; and
(b) without their giving consideration for the transfer.
page 6
Dairy Industry and Herd Improvement Legislation Repeal Bill 2000
Repeal of Dairy Industry Act 1973 and related provisions Part 2
Transfer of DIA's business to the Company Division 3
s. 11
11. Transfer of DIA's business to the Company
(1) On the appointed day the assets and rights of DIA are, by
operation of this section, transferred to the Company by way of
sale and without the need for any conveyance or assignment.
5 (2) On and after the appointed day the liabilities of DIA are, by
operation of this section, the liabilities of the Company.
12. Determination of amount of consideration for sale
(1) The Minister, after consultation with the Company, is to
determine the net asset value of the business of DIA as at the
10 appointed day.
(2) The net asset value of the business is the total value of the assets
and rights transferred to the Company under section 11(1),
determined on the basis of their market value as at the appointed
day, less the amount of the liabilities transferred to the
15 Company under section 11(2).
(3) The Minister is to notify the Company in writing of --
(a) the net asset value determined under subsection (1); and
(b) the nominal value of the shares to be issued by the
Company under section 13.
20 (4) A copy of the notice given under subsection (3) is to be given to
DIA.
13. Consideration to be satisfied by allotment of shares
(1) The consideration for the transfer effected by section 11 is that
the Company is to allot and issue to the Minister on behalf of
25 the State fully paid shares in the Company that have a total
value equal to the net asset value specified in the notice given to
the Company under section 12(3) ("the notice").
(2) The shares are to have the nominal value specified in the notice.
(3) The allotment and issue of shares is to be made as soon as is
30 practicable after the notice is given.
page 7
Dairy Industry and Herd Improvement Legislation Repeal Bill 2000
Part 2 Repeal of Dairy Industry Act 1973 and related provisions
Division 3 Transfer of DIA's business to the Company
s. 14
14. Minister to transfer shares
As soon as is practicable after the allotment and issue of shares
under section 13, the Minister is to transfer those shares to dairy
producers in the manner determined by the Minister after
5 consultation with the Company.
15. DIA to prepare statement
(1) As soon as is practicable after notice is given to the Company
under section 12(3), DIA is to prepare a statement showing as at
the appointed day --
10 (a) a description of the assets and rights of DIA that have
been transferred to the Company under section 11; and
(b) a description of the liabilities of DIA that have become
the liabilities of the Company under that section.
(2) The statement is also to specify --
15 (a) the value of each asset as at the appointed day; and
(b) the amount of each liability, or category of liabilities, as
at that day,
as determined by the Minister under section 12(1).
(3) DIA is to cause the statement to be published in the Gazette for
20 public information.
16. Values etc. may be estimated if necessary
It is sufficient for the purposes of this Division for a value or
amount to be estimated if it is not reasonably practicable, for
those purposes, for --
25 (a) a definite value to be assigned to an asset or right as at
the appointed day; or
(b) the exact amount of a liability, or category of liabilities,
to be determined as at that day.
page 8
Dairy Industry and Herd Improvement Legislation Repeal Bill 2000
Repeal of Dairy Industry Act 1973 and related provisions Part 2
Consequential amendments to other Acts Division 4
s. 17
Division 4 -- Consequential amendments to other Acts
17. Constitution Acts Amendment Act 1899
Schedule V Part 3 to the Constitution Acts Amendment
Act 1899* is amended by deleting the item commencing "The
5 Dairy Industry Authority".
[* Reprinted as at 15 April 1999.
For subsequent amendments see Acts Nos. 26, 34, 38, 44 and
60 of 1999.]
18. Financial Administration and Audit Act 1985
10 Schedule 1 to the Financial Administration and Audit Act 1985*
is amended by deleting "Dairy Industry Authority of Western
Australia".
[* Reprinted as at 9 July 1999.
For subsequent amendments see Acts Nos. 5, 8, 38 and 60 of
15 1999 and Gazette 16 November 1999, 24 December 1999 and
28 January 2000.]
19. Government Employees Superannuation Act 1987
Schedule 1 Part B to the Government Employees
Superannuation Act 1987* is amended by deleting "Dairy
20 Industry Authority of Western Australia".
[* Reprinted as at 22 January 1999.
For subsequent amendments see Acts Nos. 53 of 1998 and 8
and 38 of 1999.]
20. Public Sector Management Act 1994
25 Schedule 2 to the Public Sector Management Act 1994* is
amended by deleting item 6.
[* Reprinted as at 26 March 1999.
For subsequent amendments see Acts Nos. 5 and 38 of 1999.]
page 9
Dairy Industry and Herd Improvement Legislation Repeal Bill 2000
Part 2 Repeal of Dairy Industry Act 1973 and related provisions
Division 4 Consequential amendments to other Acts
s. 21
21. Stock (Identification and Movement) Act 1970
Section 30(2)(a)(i) of the Stock (Identification and Movement)
Act 1970* is deleted.
[* Reprinted as at 8 June 1995.
5 For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, p. 241.]
page 10
Dairy Industry and Herd Improvement Legislation Repeal Bill 2000
Repeal of Herd Improvement Service Act 1984 and related Part 3
provisions
Interpretation Division 1
s. 22
Part 3 -- Repeal of Herd Improvement Service Act 1984
and related provisions
Division 1 -- Interpretation
22. Definitions
5 In this Part, unless the contrary intention appears --
"appointed day" means the day fixed under section 2(3);
"Company" means the body referred to in section 4(a);
"HISWA customers" means dairy farmers and beef farmers
who are shown in the records referred to in section 41(1) to
10 have --
(a) been provided with services by HISWA for which
fees or charges were paid; or
(b) purchased ova, semen or equipment from HISWA,
at any time within the period of 3 years ending on the day
15 fixed under section 6(1);
"repealed Act" means the Act repealed by section 23.
Division 2 -- Repeal and transitional provision
23. Herd Improvement Service Act 1984 repealed
The Herd Improvement Service Act 1984 is repealed.
20 24. Performance of necessary transitional functions
(1) Despite the repeal effected by section 23, HISWA continues in
existence for the purpose of --
(a) receiving the notice referred to in section 27(4);
(b) performing the functions described in sections 30
25 and 41; and
(c) reporting as required by section 66 of the Financial
Administration and Audit Act 1985 and section 43.
page 11
Dairy Industry and Herd Improvement Legislation Repeal Bill 2000
Part 3 Repeal of Herd Improvement Service Act 1984 and related
provisions
Division 3 Transfer of HISWA's business to the Company
s. 25
(2) The accountable authority, within the meaning of the Financial
Administration and Audit Act 1985, of HISWA also continues in
existence for the purpose described in subsection (1)(c).
(3) For the purposes of subsection (1) HISWA --
5 (a) is to be constituted by a person appointed by the
Minister; and
(b) is to perform the functions referred to in that subsection
through that person.
(4) The person referred to in subsection (3) holds office at the
10 pleasure of the Minister and on such terms and conditions as the
Minister determines.
(5) HISWA has the powers that are necessary or convenient for the
purposes of subsection (1).
(6) The Minister is to provide the clerical or other assistance that
15 HISWA reasonably requires for the purposes of subsection (1).
Division 3 -- Transfer of HISWA's business to the Company
25. Purposes of this Division
(1) The purposes of this Division are to bring about --
(a) the transfer of the assets and liabilities of HISWA to the
20 Company by way of sale of HISWA's business;
(b) the issue to the Minister on behalf of the State of shares
in the Company ("the shares") equal to the net asset
value of that business; and
(c) the transfer of the shares to HISWA customers by the
25 Minister on behalf of the State.
(2) This to be done on the basis that the shares will be transferred to
HISWA customers --
(a) in the manner determined by the Minister after
consultation with the Company; and
page 12
Dairy Industry and Herd Improvement Legislation Repeal Bill 2000
Repeal of Herd Improvement Service Act 1984 and related Part 3
provisions
Transfer of HISWA's business to the Company Division 3
s. 26
(b) without their giving consideration for the transfer.
26. Transfer of HISWA's business to the Company
(1) On the appointed day the assets and rights of HISWA are, by
operation of this section, transferred to the Company by way of
5 sale and without the need for any conveyance or assignment.
(2) On and after the appointed day the liabilities of HISWA are, by
operation of this section, the liabilities of the Company.
27. Determination of amount of consideration for sale
(1) The Minister, after consultation with the Company, is to
10 determine the net asset value of the business of HISWA as at
the appointed day.
(2) The net asset value of the business is the total value of the assets
and rights transferred to the Company under section 26(1),
determined on the basis of their market value as at the appointed
15 day, less the amount of the liabilities transferred to the
Company under section 26(2).
(3) The Minister is to notify the Company in writing of --
(a) the net asset value determined under subsection (1); and
(b) the nominal value of the shares to be issued by the
20 Company under section 28.
(4) A copy of the notice given under subsection (3) is to be given to
HISWA.
28. Consideration to be satisfied by allotment of shares
(1) The consideration for the transfer effected by section 26 is that
25 the Company is to allot and issue to the Minister on behalf of
the State fully paid shares in the Company that have a total
value equal to the net asset value specified in the notice given to
the Company under section 27(3) ("the notice").
(2) The shares are to have the nominal value specified in the notice.
page 13
Dairy Industry and Herd Improvement Legislation Repeal Bill 2000
Part 3 Repeal of Herd Improvement Service Act 1984 and related
provisions
Division 3 Transfer of HISWA's business to the Company
s. 29
(3) The allotment and issue of shares is to be made as soon as is
practicable after the notice is given.
29. Minister to transfer shares
As soon as is practicable after the allotment and issue of shares
5 under section 28, the Minister is to transfer those shares to
HISWA customers in the manner determined by the Minister
after consultation with the Company.
30. HISWA to prepare statement
(1) As soon as is practicable after notice is given to the Company
10 under section 27(3), HISWA is to prepare a statement showing
as at the appointed day --
(a) a description of the assets and rights of HISWA that
have been transferred to the Company under section 26;
and
15 (b) a description of the liabilities of HISWA that have
become the liabilities of the Company under that
section.
(2) The statement is also to specify --
(a) the value of each asset as at the appointed day; and
20 (b) the amount of each liability, or category of liabilities, as
at that day,
as determined by the Minister under section 27(1).
(3) HISWA is to cause the statement to be published in the Gazette
for public information.
25 31. Values etc. may be estimated if necessary
It is sufficient for the purposes of this Division for a value or
amount to be estimated if it is not reasonably practicable, for
those purposes, for --
(a) a definite value to be assigned to an asset or right as at
30 the appointed day; or
page 14
Dairy Industry and Herd Improvement Legislation Repeal Bill 2000
Repeal of Herd Improvement Service Act 1984 and related Part 3
provisions
Consequential amendments to other Acts Division 4
s. 32
(b) the exact amount of a liability, or category of liabilities,
to be determined as at that day.
Division 4 -- Consequential amendments to other Acts
32. Financial Administration and Audit Act 1985
5 Schedule 1 to the Financial Administration and Audit Act 1985*
is amended by deleting "Herd Improvement Service of Western
Australia".
[* Reprinted as at 9 July 1999.
For subsequent amendments see Acts Nos. 5, 8, 38 and 60 of
10 1999 and Gazette 16 November 1999, 24 December 1999 and
28 January 2000.]
33. Government Employees Superannuation Act 1987
Schedule 1 Part B to the Government Employees
Superannuation Act 1987* is amended by deleting "Herd
15 Improvement Service of Western Australia".
[* Reprinted as at 22 January 1999.
For subsequent amendments see Acts Nos. 53 of 1998 and 8
and 38 of 1999.]
34. Public Sector Management Act 1994
20 Schedule 2 to the Public Sector Management Act 1994* is
amended by deleting item 19.
[* Reprinted as at 26 March 1999.
For subsequent amendments see Acts Nos. 5 and 38 of 1999.]
page 15
Dairy Industry and Herd Improvement Legislation Repeal Bill 2000
Part 4 Transitional provisions
s. 35
Part 4 -- Transitional provisions
35. Definitions
In this Part, unless the contrary intention appears --
"appointed day" --
5 (a) in relation to DIA, means the day fixed under
section 2(2);
(b) in relation to HISWA, means the day fixed under
section 2(3);
"asset" means property of any kind whether tangible,
10 intangible, real, or personal, and includes without
limitation --
(a) any chose in action;
(b) goodwill;
(c) any right, interest or claim of any kind,
15 whether arising from, accruing under, created or evidenced
by or the subject of, an instrument or otherwise and
whether liquidated or unliquidated, actual, contingent or
prospective;
"company" means the body referred to in section 3(a) or 4(a),
20 as the case requires;
"former body" means DIA or HISWA, as the case requires;
"liability" means any liability, duty or obligation --
(a) whether liquidated or unliquidated, actual, contingent
or prospective; and
25 (b) whether owed alone or jointly or jointly and severally
with any other person;
"right" means any right, power, privilege or immunity.
page 16
Dairy Industry and Herd Improvement Legislation Repeal Bill 2000
Transitional provisions Part 4
s. 36
36. Interpretation Act to apply
With respect to the repeals effected by sections 8 and 23, this
Part is supplementary to, and does not displace the operation of,
the Interpretation Act 1984.
5 37. Members cease to hold office
On the appointed day the members of the former body or the
board of the former body, as the case requires, cease to hold
office.
38. References to former body in agreements and instruments
10 On and after the appointed day agreements and instruments --
(a) to which the former body is a party; or
(b) which contain a reference to the former body,
have effect, by operation of this section, as if --
(c) the company were substituted for the former body as a
15 party to the agreement or instrument; and
(d) any reference to the former body were, unless the
context otherwise requires, a reference to the company.
39. Proceedings and remedies
On and after the appointed day --
20 (a) the company is a party to any proceedings by or against
the former body commenced before the appointed day;
and
(b) any proceedings or remedy that might have been
commenced by, or available against or to, the former
25 body may be commenced by, and are available against
or to, the company.
page 17
Dairy Industry and Herd Improvement Legislation Repeal Bill 2000
Part 4 Transitional provisions
s. 40
40. Other things in progress
(1) Any act, matter or thing done or made known, or omitted to be
done, before the appointed day by, to or in respect of the former
body is to be taken to have been done, made known or omitted
5 by, to or in respect of the company.
(2) Subsection (1) applies only to the extent that the act, matter or
thing has any force, effect or significance after the appointed
day.
41. Records
10 (1) The former body is to deliver to the company all registers,
papers, documents, minutes, receipts, books of account and
other records.
(2) The former body's obligations under subsection (1) are subject
to its requirements to have access to information for the
15 purposes of giving effect to section 43.
42. Stamp duty
(1) Stamp duty under the Stamp Act 1921 is not chargeable on --
(a) the transfer of assets and liabilities effected by operation
of section 11 or 26; or
20 (b) any transfer of shares under section 14 or 29.
(2) The Minister may certify in writing that --
(a) a specified asset or liability was transferred by operation
of section 11 or 26; or
(b) a specified transfer of shares occurred under section 14
25 or 29,
and such a certificate is conclusive evidence of that fact, unless
the contrary is shown.
page 18
Dairy Industry and Herd Improvement Legislation Repeal Bill 2000
Transitional provisions Part 4
s. 43
43. Annual report for part of year
The accountable authority, within the meaning of the Financial
Administration and Audit Act 1985, of the former body is to
report as required by section 66 of that Act for the period from
5 the preceding 1 July to the appointed day, and Division 14 of
Part II of that Act applies as if that period were a full financial
year.
44. Completion of things commenced
Anything commenced to be done by the former body under the
10 repealed Act before the appointed day may be continued by the
company so far as the doing of that thing is within the powers of
the company after that day.
45. Further transitional provision may be made
(1) If there is no sufficient provision in this Part for any matter or
15 thing necessary or convenient to give effect to the transition
from the former body to the company the Minister may make
that provision by order published in the Gazette.
(2) An order under this section may be made so as to have effect
from the appointed day.
20 (3) To the extent that a provision of any such order has effect on a
day that is earlier than the day 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), the rights of that person existing before
25 the day of its publication; or
(b) to impose liabilities on any person (other than the State)
in respect of anything done or omitted to be done before
the day of publication.
page 19
Dairy Industry and Herd Improvement Legislation Repeal Bill 2000
Part 4 Transitional provisions
s. 46
46. Saving
The operation of any provision of this Part is not to be
regarded --
(a) as a breach of contract or confidence or otherwise as a
5 civil wrong;
(b) as a breach of any contractual provision prohibiting,
restricting or regulating the assignment or transfer of
assets, rights or liabilities or the disclosure of
information;
10 (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;
(d) as causing any contract or instrument to be void or
15 otherwise unenforceable; or
(e) as releasing or allowing the release of any surety.
page 20
Dairy Industry and Herd Improvement Legislation Repeal Bill 2000
Duration of Act Part 5
s. 47
Part 5 -- Duration of Act
47. Duration of Act
(1) This Act continues in operation until the end of the termination
day, and no longer.
5 (2) The termination day is a day fixed by the Governor by order
published in the Gazette.
(3) An order is not to be made for the purposes of subsection (2)
until the Minister has certified to the Governor that the Minister
is satisfied that the purposes of Part 2 Division 3 and
10 Part 3 Division 3 have been achieved.
page 21
Dairy Industry and Herd Improvement Legislation Repeal Bill 2000
Defined Terms
Defined Terms
[This is a list of terms defined and the provisions where they are defined.
The list is not part of the law.]
Defined Term Provision(s)
appointed day....................................................................................... 7, 22, 35
asset ............................................................................................................... 35
company ........................................................................................................ 35
Company.................................................................................................... 7, 22
dairy producer .................................................................................................. 7
DIA.................................................................................................................. 5
former body.................................................................................................... 35
HISWA............................................................................................................ 5
HISWA customers.......................................................................................... 22
liability........................................................................................................... 35
repealed Act ............................................................................................... 7, 22
right ............................................................................................................... 35
the Company................................................................................................ 3, 4
the notice ................................................................................................. 13, 28
the shares ................................................................................................. 10, 25
page 22
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