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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
LEGISLATIVE ASSEMBLY
Marketing of Meat Amendment Bill 1999
A Bill for
An Act to amend the Marketing of Meat Act 1971 and to
consequentially amend certain other Acts.
The Parliament of Western Australia enacts as follows:
page 1
70--1
Marketing of Meat Amendment Bill 1999
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Marketing of Meat Amendment
Act 1999.
2. Commencement
5
(1) Subject to this section, this Act comes into operation on the day
on which it receives the Royal Assent.
(2) Parts 2 and 3 come into operation on such day as is fixed by
proclamation, but the proclamation cannot be made until the
Minister has certified to the Governor that the Minister is
10
satisfied that all necessary arrangements have been made for the
commencement of those Parts.
3. Arrangements for commencement of Parts 2 and 3
(1) The Minister may give to the Governor the certificate required
by section 2(2) when the Minister is satisfied that --
15
(a) there are in existence --
(i) a company registered as a co-operative company
under Part VI of the Companies (Co-operative)
Act 1943 by the name "Western Australian Meat
Marketing Co-operative Ltd" ("the Company");
20
and
(ii) a trust deed ("the trust deed") under the
provisions of which trustees may hold shares in
the Company in trust for the benefit of, and
distribute those shares among, lamb producers;
25
(b) the provisions --
(i) of the memorandum and articles of association of
the Company; and
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Marketing of Meat Amendment Bill 1999
Preliminary Part 1
s. 3
(ii) of the trust deed,
are appropriate to achieve the purposes of Part 1A;
(c) the shareholding in the Company is appropriate for the
purposes of Part 1A;
(d) suitable trustees have been appointed for the purposes of
5
the trust deed;
(e) the Company has in writing notified the Minister that it
agrees to the provisions of Part 1A, so far as they affect
the Company; and
(f) the employment of each person appointed under
10
section 14 of the principal Act has been arranged with
the Company or the person is covered by provisions
applicable under Part 6 of the Public Sector
Management Act 1994.
(2) In subsection (1) --
15
"Minister" means the Minister who is responsible for the
administration of the principal Act;
"Part 1A" means Part 1A to be inserted in the principal Act by
section 7;
"principal Act" means the Marketing of Meat Act 1971.
20
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Marketing of Meat Amendment Bill 1999
Part 2 Amendments to the Marketing of Meat Act 1971
s. 4
Part 2 -- Amendments to the Marketing of Meat
Act 1971
4. The Act amended
The amendments in this Part are to the Marketing of Meat
Act 1971*.
5
[* Reprinted as at 22 August 1988.
For subsequent amendments see 1997 Index to Legislation of
Western Australia, Table 1, pp. 145-6.]
5. Long title replaced
The long title is repealed and the following long title is inserted
10
instead --
"
An Act to provide for --
· the transfer of the assets and liabilities of the
Western Australian Meat Marketing Corporation
15
by way of sale to a co-operative company controlled
by lamb producers; and
· the conferral on that company of certain exclusive
marketing rights for slaughtered lamb,
and for related purposes.
20
".
6. Section 4 amended
(1) Section 4(1) is amended --
(a) by inserting the following definitions in their
appropriate alphabetical positions --
25
"
"amending Act" means the Marketing of Meat
Amendment Act 1999;
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Marketing of Meat Amendment Bill 1999
Amendments to the Marketing of Meat Act 1971 Part 2
s. 7
"appointed day" means the day fixed by proclamation
made under section 2(2) of the amending Act;
"Company" means the company referred to in
section 3(1)(a)(i) of the amending Act;
";
5
(b) in the definition of "Corporation" by inserting after
"section 5" --
" as in force immediately before the appointed day ";
(c) by deleting the definitions of "chairman", "lamb
product", "livestock", "manager", "meat", "meat
10
product" and "member"; and
(d) after the definition of "lamb producer" by deleting the
semicolon and inserting a full stop instead.
(2) Section 4(2) and (3) are repealed.
7. Part IA inserted
15
After Part 1 the following Part is inserted --
"
Part 1A -- Transfer of business of Western
Australian Meat Marketing Corporation to a
co-operative company
20
Division 1 -- Preliminary
4A. Definitions
In this Part, unless the contrary intention appears --
"assets" means property of every kind whether
tangible or intangible or real or personal, and
25
includes without limitation --
(a) choses in action;
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Marketing of Meat Amendment Bill 1999
Part 2 Amendments to the Marketing of Meat Act 1971
s. 7
(b) goodwill;
(c) rights, interests and claims of every kind in
or to property,
whether arising from, accruing under, created or
evidenced by or the subject of, an instrument or
5
otherwise and whether liquidated or unliquidated,
actual, contingent or prospective;
"liability" means any liability, duty or obligation
whether actual, contingent or prospective,
liquidated or unliquidated, or whether owed alone
10
or jointly or jointly and severally with any other
person;
"right" means any right, power, privilege or immunity
whether actual, contingent or prospective;
"trustees" means the trustees appointed for the
15
purposes of the trust deed referred to in
section 3(1)(a)(ii) of the amending Act;
"trust deed" means the trust deed referred to in
section 3(1)(a)(ii) of the amending Act.
4B. Purposes of this Part
20
(1) The purposes of this Part are to bring about --
(a) the transfer of the assets and liabilities of the
Corporation to the Company by way of sale of
the Corporation's business; and
(b) the issue to the trustees of shares in the
25
Company ("the shares") equal to the net value
of that business.
(2) This is to be done on the basis that --
(a) the trustees will have the shares vested in them
without their giving consideration; and
30
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Marketing of Meat Amendment Bill 1999
Amendments to the Marketing of Meat Act 1971 Part 2
s. 7
(b) under the provisions of the trust deed, the
trustees --
(i) will hold the shares in trust for the
benefit of lamb producers; and
(ii) will be required to distribute the shares
5
in the Company among lamb producers.
4C. Restrictions on amendment of governing documents
The provisions of --
(a) the memorandum and articles of association of
the Company; or
10
(b) the trust deed,
must not be amended without the prior approval of the
Minister.
Division 2 -- Sale of Corporation's business to
Company
15
4D. Transfer of Corporation's business to Company
(1) On the appointed day the assets and rights of the
Corporation are by force of this section transferred to
the Company by way of sale and without the need for
any conveyance or assignment.
20
(2) On and after the appointed day the liabilities of the
Corporation are, by force of this section, the liabilities
of the Company.
4E. Determination of amount of consideration for sale
(1) The Minister, after consultation with the Company, is
25
to determine the net value of the business of the
Corporation as at the appointed day.
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Marketing of Meat Amendment Bill 1999
Part 2 Amendments to the Marketing of Meat Act 1971
s. 7
(2) The net value of the business is the total value of the
assets and rights transferred to the Company by
section 4D(1) less the amount of the liabilities
transferred to the Company by section 4D(2).
(3) The Minister is to notify the Company in writing of --
5
(a) the net value determined under subsection (1);
and
(b) the nominal value of the shares to be issued by
the Company under section 4F.
(4) A copy of the notice given under subsection (3) is to be
10
given to the Corporation.
(5) For the purposes of subsection (1), section 8A as in
force immediately before the appointed day applies --
(a) as if it had not been repealed; and
(b) as if references in the section to the Corporation
15
were references to the Company.
4F. Consideration to be satisfied by allotment of shares
(1) The consideration for the transfer effected by
section 4D is that the Company must allot and issue to
the trustees fully paid shares in the Company that have
20
a total par value equal to the net value specified in the
notice given to the Company under section 4E(3) ("the
notice").
(2) The shares are to have a nominal value specified in the
notice.
25
(3) The allotment and issue of shares is to be made as soon
as is practicable after the notice is given.
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Marketing of Meat Amendment Bill 1999
Amendments to the Marketing of Meat Act 1971 Part 2
s. 7
4G. Corporation to prepare statement
(1) As soon as is practicable after notice is given to the
Company under section 4E(3) the Corporation is to
prepare a statement showing as at the appointed day --
(a) a description of the assets and rights of the
5
Corporation that have been transferred to the
Company under section 4D; and
(b) a description of the liabilities of the
Corporation that have become the liabilities of
the Company under that section.
10
(2) The statement is to also specify --
(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,
15
as determined by the Minister under section 4E(1).
(3) The Corporation is to cause the statement to be
published in the Gazette for public information.
4H. Values etc. may be estimated if necessary
It is sufficient for the purposes of this Division for a
20
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 the appointed day; or
(b) the exact amount of a liability, or category of
25
liabilities, to be determined as at that day.
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Marketing of Meat Amendment Bill 1999
Part 2 Amendments to the Marketing of Meat Act 1971
s. 7
Division 3 -- Other provisions relating to transfer
to Company
4I. References to Corporation in agreements and
instruments
On and after the appointed day agreements and
5
instruments --
(a) to which the Corporation is a party; or
(b) which contain a reference to the Corporation,
have effect, by force of this section, as if --
(c) the Company were substituted for the Corporation
10
as a party to the agreement or instrument; and
(d) any reference to the Corporation were, unless
the context otherwise requires, a reference to
the Company.
4J. Proceedings and remedies
15
On and after the appointed day --
(a) the Company is a party to any proceedings by
or against the Corporation commenced before
the appointed day;
(b) any proceedings or remedy that might have
20
been commenced by, or available against or to,
the Corporation may be commenced by, and are
available against or to, the Company.
4K. Other things in progress
(1) Any act, matter or thing done or made known, or
25
omitted to be done, before the appointed day by, to or
in respect of the Corporation is to be taken to have
been done, made known or omitted by, to or in respect
of the Company.
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Marketing of Meat Amendment Bill 1999
Amendments to the Marketing of Meat Act 1971 Part 2
s. 7
(2) Subsection (1) applies only to the extent that the act,
matter or thing has any force, effect or significance
after the appointed day.
4L. Records of Corporation
(1) The Corporation is to deliver to the Company all
5
registers, papers, documents, minutes, receipts, books
of account and other records (however compiled,
recorded or stored) relating to the operations of the
Corporation.
(2) The Corporation's obligations under subsection (1) are
10
subject to its requirements to have access to
information for the purposes of giving effect to
Division 2.
4M. Stamp duty
(1) Stamp duty under the Stamp Act 1921 is not chargeable
15
on the transfer of assets and liabilities effected by
operation of section 4D.
(2) The Minister may certify in writing that a specified
asset or liability was transferred by operation of
section 4D, and such a certificate is conclusive
20
evidence of that fact, unless the contrary is shown.
4N. Annual report for part of year
The accountable authority, within the meaning in the
Financial Administration and Audit Act 1985, of the
Corporation is to report as required by section 66 of
25
that Act for the period from 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.
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Marketing of Meat Amendment Bill 1999
Part 2 Amendments to the Marketing of Meat Act 1971
s. 7
4O. Completion of things commenced
Anything commenced to be done by the Corporation
under this 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 under this
5
Act after that day.
4P. Performance of necessary transitional functions
(1) Despite the repeal effected by section 8 of the
amending Act, the Corporation continues in existence
for the purpose of --
10
(a) receiving the notice referred to in section 4E(4);
(b) performing the functions described in
sections 4G and 4L; and
(c) reporting as required by section 4N.
(2) The accountable authority, within the meaning in the
15
Financial Administration and Audit Act 1985, of the
Corporation also continues in existence for the purpose
described in subsection (1)(c).
(3) For the purposes of subsection (1) the Corporation --
(a) is to be constituted by a person appointed by
20
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 pleasure of the Minister and on such terms and
25
conditions as the Minister determines.
(5) The Corporation as constituted under this section has
the powers that are necessary or convenient for the
purposes of subsection (1).
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Marketing of Meat Amendment Bill 1999
Amendments to the Marketing of Meat Act 1971 Part 2
s. 7
(6) The Minister is to provide the clerical or other
assistance that the Corporation reasonably requires for
the purposes of subsection (1).
4Q. Further transitional provision may be made
(1) If there is no sufficient provision in this Part for any
5
matter or thing necessary or convenient to give effect
to the transition from the Corporation 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
10
effect from the appointed day.
(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 --
15
(a) to affect, in a manner prejudicial to any person
(other than the State), the rights of that person
existing before 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
20
done before the day of publication.
4R. Saving
The operation of any provision of this Part is not to be
regarded --
(a) as a breach of contract or confidence or
25
otherwise as a 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;
30
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Marketing of Meat Amendment Bill 1999
Part 2 Amendments to the Marketing of Meat Act 1971
s. 8
(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;
5
(d) as causing any contract or instrument to be void
or otherwise unenforceable; or
(e) as releasing or allowing the release of any surety.
".
8. Part II repealed
10
Part II is repealed.
9. Sections 16, 17 and 18 repealed
Sections 16, 17 and 18 are repealed.
10. Section 20 amended
Section 20(c) is deleted and the following paragraph is inserted
15
instead --
"
(c) the slaughtering is declared by the regulations to
be exempted from the provisions of that section.
".
20
11. Sections 21, 21A, 22, 26, 27 and 28 repealed
Sections 21, 21A, 22, 26, 27 and 28 are repealed.
12. Section 30 amended
(1) Section 30(1) is amended by deleting ",whether civil or penal,".
(2) Section 30(2) is repealed.
25
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Marketing of Meat Amendment Bill 1999
Amendments to the Marketing of Meat Act 1971 Part 2
s. 13
13. Section 31 amended
Section 31(2)(a), (b), (c) and (d) are deleted.
14. Section 32 replaced
Section 32 is repealed and the following section is inserted
instead --
5
"
32. Duration of Act
(1) This Act continues in operation until the end of the
termination day, and no longer.
(2) In subsection (1) --
10
"termination day" means --
(a) 31 December 1999; or
(b) an earlier day fixed by the Governor by order
published in the Gazette.
".
15
15. Various sections amended to change "Corporation" to
"Company"
The Act is amended by deleting "Corporation" wherever it
occurs in the provisions referred to in the Table to this section
and in each case inserting instead --
20
" Company ".
Table
sections 19(1), 30(1) and 31(1).
page 15
Marketing of Meat Amendment Bill 1999
Part 3 Consequential amendments to other Acts
s. 16
Part 3 -- Consequential amendments to other Acts
16. Constitution Acts Amendment Act 1899
Schedule V to the Constitution Acts Amendment Act 1899* is
amended, in Part 3, by deleting the item relating to The Western
Australian Lamb Marketing Board.
5
[* Reprinted as at 22 January 1997.
For subsequent amendments see 1997 Index to Legislation of
Western Australia, Table 1, p. 49 and Acts Nos. 4, 10, 13, 23
and 65 of 1998.]
17. Financial Administration and Audit Act 1985
10
Schedule 1 to the Financial Administration and Audit Act 1985*
is amended by deleting the item relating to the Western
Australian Meat Marketing Corporation.
[* Reprinted as at 10 January 1997.
For subsequent amendments see 1997 Index to Legislation of
15
Western Australia, Table 1, p. 84 and Acts Nos. 22 of 1997
and 4, 23, 25, 30, 42 and 65 of 1998 and Gazette 12 May
1998, 7 August 1998 and 18 September 1998.]
18. Government Employees Superannuation Act 1987
Schedule 1 to the Government Employees Superannuation
20
Act 1987* is amended, in Part B, by deleting the item relating to
The Western Australian Meat Marketing Corporation.
[* Reprinted as at 27 May 1996.
For subsequent amendments see 1997 Index to Legislation of
Western Australia, Table 1, p. 98 and Acts Nos. 4, 10, 23, 30
25
and 42 of 1998.]
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Marketing of Meat Amendment Bill 1999
Consequential amendments to other Acts Part 3
s. 19
19. Statutory Corporations (Liability of Directors) Act 1996
Schedule 1 to the Statutory Corporations (Liability of
Directors) Act 1996* is amended by deleting the item relating to
the Western Australian Meat Marketing Corporation.
[* Act No. 41 of 1996.
5
For subsequent amendments see Acts Nos. 4, 25, 30 and
46 of 1998.]
page 17
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