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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Marketing of Eggs Amendment Bill 2004
CONTENTS
1. Short title 1
2. Commencement 2
3. The Act amended 2
4. Section 38A repealed 2
5. Sections 41, 42 and 43 inserted 2
6. Agricultural Products Act 1929 amended 6
7. Constitution Acts Amendment Act 1899 amended 7
8. Financial Administration and Audit Act 1985
amended 7
9. Statutory Corporations (Liability of Directors)
Act 1996 amended 7
10. Stock Diseases (Regulations) Act 1968 amended 8
302--2 page i
Western Australia
LEGISLATIVE ASSEMBLY
(As amended during consideration in detail)
Marketing of Eggs Amendment Bill 2004
A Bill for
An Act to amend the Marketing of Eggs Act 1945 to insert expiry and
related provisions and to make consequential amendments to the --
· Agricultural Products Act 1929;
· Constitution Acts Amendment Act 1899;
· Financial Administration and Audit Act 1985;
· Statutory Corporations (Liability of Directors) Act 1996;
· Stock Diseases (Regulations) Act 1968.
The Parliament of Western Australia enacts as follows:
1. Short title
This Act may be cited as the Marketing of Eggs Amendment
Act 2004.
page 1
Marketing of Eggs Amendment Bill 2004
s. 2
2. Commencement
(1) This Act, other than sections 6, 7, 8, 9 and 10, comes into
operation on a day fixed by proclamation.
(2) Sections 6, 7, 8, 9 and 10 come into operation on the day on
which the Marketing of Eggs Act 1945 (other than sections 1
5
and 43 of that Act) expires under section 41(1) of that Act as
amended by this Act.
3. The Act amended
The amendments in sections 4 and 5 are to the Marketing of
Eggs Act 1945*.
10
[* Reprinted as at 22 February 2002.]
4. Section 38A repealed
Section 38A is repealed.
5. Sections 41, 42 and 43 inserted
After section 40 the following sections are inserted --
15
"
41. Expiry of Act and regulations
(1) This Act (other than sections 1 and 43) and the
Marketing of Eggs Regulations 1945 expire on --
(a) 31 December 2005; or
20
(b) an earlier day fixed by the Governor by order
published in the Gazette.
(2) The Board is dissolved on the day on which this Act
(other than sections 1 and 43) expires.
page 2
Marketing of Eggs Amendment Bill 2004
s. 5
42. Arrangements for staff before the expiry
(1) In this section --
"expiry" means the expiry of this Act (other than
sections 1 and 43) under section 41(1);
"staff member" means a person appointed, employed
5
or otherwise engaged by the Board.
(2) Before the expiry the Minister --
(a) after consultation with the Minister for Public
Sector Management, is to nominate a person or
other body in the Public Sector to be the
10
employer of the staff members on the expiry,
and ensure that the employment of each staff
member who has agreed to being employed by
that person or body has been arranged with that
person or body; or
15
(b) is to ensure that each staff member whose
re-employment is not arranged under
paragraph (a) is covered by the provisions
applicable under the Public Sector Management
Act 1994 Part 6.
20
(3) Except as otherwise agreed by a staff member, the
remuneration, existing or accrued rights, rights under a
superannuation scheme or continuity of service of the
staff member are not affected, prejudiced or interrupted
by --
25
(a) a change in employment arranged under
subsection (2)(a);
(b) the expiry; or
(c) the dissolution of the Board.
43. Regulations as to matters consequent on the expiry
30
(1) In this section --
"Board" means the Board constituted under this Act
before the expiry;
page 3
Marketing of Eggs Amendment Bill 2004
s. 5
"expiry" means the expiry of this Act (other than
sections 1 and 43) under section 41(1);
"liability" means any liability, duty or obligation
whether actual, contingent or prospective,
liquidated or unliquidated, or whether owed alone
5
or jointly or jointly and severally with any other
person;
"right" means any right, power, privilege or immunity
whether actual, contingent or prospective;
"specified" means specified in the regulations under
10
this section;
"State tax" includes stamp duty chargeable under the
Stamp Act 1921 and any other tax, duty, fee, levy
or charge under a law of the State.
(2) The Governor, with the approval of the Treasurer, may
15
make regulations prescribing all matters that are
required, necessary or convenient to be prescribed in
relation to anything to be done, or that occurs, because
of the expiry.
(3) Without limiting subsection (2), regulations may be
20
made in relation to all or any of the following
matters --
(a) the disposition of, or dealing with, the property
of the Board on the expiry;
(b) the transfer or discharge of the Board's rights
25
and liabilities on the expiry;
(c) the continuation of proceedings or remedies by
or against the Board that were pending
immediately before the expiry;
(d) the commencement of proceedings or remedies
30
that could have been taken by or against the
Board but for the dissolution of the Board;
page 4
Marketing of Eggs Amendment Bill 2004
s. 5
(e) the continuation of the effect of any agreement,
instrument or policy of insurance to which the
Board was a party immediately before the
expiry;
(f) the interpretation, after the expiry, of references
5
to the Board in a written law or a document
referred to in paragraph (e);
(g) any act, matter or thing done or omitted to be
done by the Board in relation to its rights and
liabilities before the expiry;
10
(h) the taking possession of books, documents or
other records, however compiled or stored,
relating to the operations of the Board, on the
expiry;
(i) the making and submission of any outstanding
15
annual report and a final report relating to the
operations of the Board before the expiry, and
the documents and reports to accompany those
reports;
(j) for the purposes of the regulations under this
20
section to provide, despite the expiry, for the
continuation of the Board, constituted by a
specified person on specified terms, with the
powers necessary or convenient for the
purposes of doing anything under the
25
regulations including making and submitting
the reports mentioned in paragraph (i);
(k) for the purposes of regulations under
paragraph (i) to provide, despite the expiry, for
the continued application of section 34 until the
30
reports and accompanying documents and
reports are tabled in Parliament;
page 5
Marketing of Eggs Amendment Bill 2004
s. 6
(l) the exemption from State tax of --
(i) anything of a specified kind that occurs
because of the expiry; or
(ii) anything of a specified kind (including a
transaction entered into or an instrument
5
or document made, executed, lodged or
given) done under the regulations, or for
a purpose connected with or arising out
of the expiry.
(4) For the purposes of regulations under subsection (3)(l)
10
a certificate in writing by the Treasurer or a person
authorised by the Treasurer certifying that --
(a) something mentioned in the certificate occurred
because of the expiry; or
(b) something mentioned in the certificate was
15
done under the regulations, or for a purpose
connected with or arising out of the expiry,
is conclusive evidence of that fact.
".
6. Agricultural Products Act 1929 amended
20
(1) The amendment in this section is to the Agricultural Products
Act 1929*.
[* Reprinted as at 5 March 1999.
For subsequent amendments see Western Australian
Legislation Information Tables for 2003, Table 1, p. 10.]
25
(2) Section 2AA is repealed.
page 6
Marketing of Eggs Amendment Bill 2004
s. 7
7. Constitution Acts Amendment Act 1899 amended
(1) The amendment in this section is to the Constitution Acts
Amendment Act 1899*.
[* Reprint 12 as at 3 October 2003.
For subsequent amendments see Western Australian
5
Legislation Information Tables for 2003, Table 1, p. 77 and
Act No. 35 of 2003.]
(2) Schedule V Part 3 is amended by deleting the item relating to
the Western Australian Egg Marketing Board.
8. Financial Administration and Audit Act 1985 amended
10
(1) The amendment in this section is to the Financial
Administration and Audit Act 1985*.
[* Reprinted as at 16 September 2002.
For subsequent amendments see Western Australian
Legislation Information Tables for 2003, Table 1, p. 140-1
15
and Act No. 35 of 2003.]
(2) Schedule 1 is amended by deleting the item relating to the
Western Australian Egg Marketing Board.
9. Statutory Corporations (Liability of Directors) Act 1996
amended
20
(1) The amendment in this section is to the Statutory Corporations
(Liability of Directors) Act 1996*.
[* Reprint 3 as at 7 November 2003.
For subsequent amendments Acts Nos. 35 of 2003 and 4 of
2004.]
25
(2) Schedule 1 is amended by deleting the item relating to the
Western Australian Egg Marketing Board.
page 7
Marketing of Eggs Amendment Bill 2004
s. 10
10. Stock Diseases (Regulations) Act 1968 amended
(1) The amendments in this section are to the Stock Diseases
(Regulations) Act 1968*.
[* Reprinted as at 12 November 1999.
For subsequent amendments see Western Australian
5
Legislation Information Tables for 2003, Table 1, p. 372 and
Act No. 50 of 2003.]
(2) Section 10(2)(j) is amended as follows:
(a) after "or for the" by inserting --
"production of eggs or the ";
10
(b) by deleting "for the purpose of hatching".
page 8
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