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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Pig, Potato and Poultry Industries
(Compensation Legislation) Repeal Bill 2003
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Repeal of Acts
3. Pig Industry Compensation Act 1942 repealed 3
4. Potato Growing Industry Trust Fund Act 1947
repealed 3
5. Poultry Industry (Trust Fund) Act 1948 repealed 3
Part 3 -- Transitional provisions
6. Definitions 4
7. Interpretation Act not affected 5
8. Members cease to hold office 5
9. Compensation claims made before repeals 5
10. Funds in former accounts 5
11. Moneys payable to Agricultural Produce Commission
Account 6
12. References to former committees and former accounts 6
13. Proceedings and remedies 6
14. Records to be delivered to Commission 7
15. Financial reporting 7
248--1 page i
Pig, Potato and Poultry Industries (Compensation Legislation) Repeal Bill
2003
Contents
Part 4 -- Consequential amendments
16. Constitution Acts Amendment Act 1899 amended 9
17. Financial Administration and Audit Act 1985
amended 9
18. Sentencing Act 1995 amended 9
Part 5 -- General
19. Repeal of this Act 11
page ii
Western Australia
LEGISLATIVE ASSEMBLY
Pig, Potato and Poultry Industries
(Compensation Legislation) Repeal Bill 2003
A Bill for
An Act to --
· repeal the --
· Pig Industry Compensation Act 1942;
· Potato Growing Industry Trust Fund Act 1947; and
· Poultry Industry (Trust Fund) Act 1948,
· make transitional provisions with respect to accounts under those
Acts and other matters; and
· consequentially amend other Acts,
and for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Pig, Potato and Poultry Industries (Compensation Legislation) Repeal
Bill 2003
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Pig, Potato and Poultry Industries
(Compensation Legislation) Repeal Act 2003 .
5 2. Commencement
This Act comes into operation on a day fixed by proclamation.
page 2
Pig, Potato and Poultry Industries (Compensation Legislation) Repeal
Bill 2003
Repeal of Acts Part 2
s. 3
Part 2 -- Repeal of Acts
3. Pig Industry Compensation Act 1942 repealed
The Pig Industry Compensation Act 1942 is repealed.
4. Potato Growing Industry Trust Fund Act 1947 repealed
5 The Potato Growing Industry Trust Fund Act 1947 is repealed.
5. Poultry Industry (Trust Fund) Act 1948 repealed
The Poultry Industry (Trust Fund) Act 1948 is repealed.
page 3
Pig, Potato and Poultry Industries (Compensation Legislation) Repeal
Bill 2003
Part 3 Transitional provisions
s. 6
Part 3 -- Transitional provisions
6. Definitions
In this Part --
"Agricultural Produce Commission Account" means the
5 account referred to in section 7(2) of the Agricultural
Produce Commission Act 1988;
"commencement day" means the day on which this Act comes
into operation;
"Commission" means the Agricultural Produce Commission
10 established under section 4 of the Agricultural Produce
Commission Act 1988;
"former accounts" means --
(a) the Pig Industry Compensation Fund established
under section 13 of the Pig Industry Compensation
15 Act 1942;
(b) the Potato Growing Industry Trust Fund established
under section 19 of the Potato Growing Industry
Trust Fund Act 1947; and
(c) the Poultry Industry Trust Fund established under
20 section 15 of the Poultry Industry (Trust Fund)
Act 1948;
"former committees" means --
(a) the Potato Growing Industry Trust Fund Advisory
Committee constituted under section 6 of the Potato
25 Growing Industry Trust Fund Act 1947; and
(b) The Poultry Industry Trust Fund Committee
constituted under section 5 of the Poultry Industry
(Trust Fund) Act 1948;
"repealed Acts" means the Acts repealed under Part 2.
page 4
Pig, Potato and Poultry Industries (Compensation Legislation) Repeal
Bill 2003
Transitional provisions Part 3
s. 7
7. Interpretation Act not affected
Nothing in this Act is to be construed so as to limit the operation
of the Interpretation Act 1984.
8. Members cease to hold office
5 On the commencement day the members of the former
committees cease to hold office.
9. Compensation claims made before repeals
Despite Part 2, an application for compensation under a
repealed Act not fully dealt with before the commencement day
10 is to be dealt with by the Commission --
(a) under that Act as if the Act had not been repealed; and
(b) for that purpose, any reference in that repealed Act to a
former committee is to be read and have effect on and
after the commencement day as if it were a reference to
15 the Commission.
10. Funds in former accounts
(1) Any moneys standing to the credit of a former account
immediately before the commencement day are to be credited to
the Agricultural Produce Commission Account to be applied in
20 the payment of --
(a) compensation payable on an application referred to in
section 9 made under the Act which established the
former account; and
(b) any liabilities of the former account which arose before
25 the commencement day,
and any balance remaining is to be applied by the relevant
producers' committee for the purposes of carrying out its
functions under the Agricultural Produce Commission Act 1988.
page 5
Pig, Potato and Poultry Industries (Compensation Legislation) Repeal
Bill 2003
Part 3 Transitional provisions
s. 11
(2) In this section --
"relevant producers' committee", in relation to a former
account, means the producers' committee, as defined in
section 3(1) of the Agricultural Produce Commission
5 Act 1988, established in relation to the agricultural produce
relevant to the former account.
11. Moneys payable to Agricultural Produce Commission
Account
The Agricultural Produce Commission Account is to be credited
10 with any money that became payable to a former account before
the commencement day and that is paid after that day.
12. References to former committees and former accounts
If in an agreement, instrument or other document there is a
reference to --
15 (a) a former account, that reference is, unless the context
otherwise requires, to be read and have effect on and
after the commencement day as if it were a reference to
the Agricultural Produce Commission Account; or
(b) a former committee, that reference is, unless the context
20 otherwise requires, to be read and have effect on and
after the commencement day as if it were a reference to
the Commission.
13. Proceedings and remedies
On and after the commencement day --
25 (a) the Commission is a party to any proceedings by or
against a former committee commenced before that day;
and
(b) any proceedings or remedy that might have been
commenced by, or available against or to, a former
30 committee may be commenced by, and are available
against or to, the Commission.
page 6
Pig, Potato and Poultry Industries (Compensation Legislation) Repeal
Bill 2003
Transitional provisions Part 3
s. 14
14. Records to be delivered to Commission
On the commencement day the Commission is to take delivery
of all registers, papers, documents, minutes, receipts, books of
account and other records (however compiled, recorded or
5 stored) relating to the operations of --
(a) the former accounts; and
(b) the former committees.
15. Financial reporting
(1) Section 65A of the FAA Act applies in relation to the
10 preparation and submission of a final report in respect of a
former committee as if --
(a) references in that section to a department were
references to the former committee; and
(b) references in that section to provisions of sections 62
15 to 65 of the FAA Act were references to the equivalent
provisions of sections 66 to 70 of that Act,
except that the period to which the final report is to relate is the
final period, the references in sections 66(1), 68, and 70(1) to
the end of the financial year are to be read as references to the
20 end of the final period and the former committee is to be taken
to be appointed as the reporting officer under section 65A(2).
(2) If at the commencement day, any duty imposed by Part II
Division 14 of the FAA Act on the accountable authority of a
former committee has not been complied with for any financial
25 year that expired before the commencement day, that duty
subsists and is to be performed by the former committee.
(3) The time within which the former committee is to perform a
duty referred to in subsection (2) is extended until the end of the
day that is 2 months after the commencement day, but this
30 subsection does not prevent the time from being extended again
under section 70 of the FAA Act.
page 7
Pig, Potato and Poultry Industries (Compensation Legislation) Repeal
Bill 2003
Part 3 Transitional provisions
s. 15
(4) Despite the repeals effected under Part 2, each former
committee continues in existence for the purposes of this section
and is entitled to receive from the Commission and its staff such
assistance as it may require for that purpose.
5 (5) In this section --
"FAA Act" means the Financial Administration and Audit
Act 1985;
"final period" in relation to the former committee --
(a) under the Potato Growing Industry Trust Fund
10 Act 1947, means the period starting on 1 July last
preceding the commencement day;
(b) under the Poultry Industry (Trust Fund) Act 1948,
means the period starting on 1 August last preceding
the commencement day.
page 8
Pig, Potato and Poultry Industries (Compensation Legislation) Repeal
Bill 2003
Consequential amendments Part 4
s. 16
Part 4 -- Consequential amendments
16. Constitution Acts Amendment Act 1899 amended
(1) The amendments in this section are to the Constitution Acts
Amendment Act 1899*.
5 [* Reprint 12 as at 3 Oct 2003.]
(2) Schedule 5 Part 3 is amended as follows:
(a) by deleting the item commencing "The Potato Growing
Industry Trust Fund Advisory Committee";
(b) by deleting the item commencing "The Poultry Industry
10 Trust Fund Committee".
17. Financial Administration and Audit Act 1985 amended
(1) The amendments in this section are to the Financial
Administration and Audit Act 1985*.
[* Reprinted as at 16 September 2002.
15 For subsequent amendments see 2002 Index to Legislation of
Western Australia, Table 1, p. 139 and Acts Nos. 31 and 35 of
2003.]
(2) Schedule 1 is amended as follows:
(a) by deleting the item commencing "The Potato Growing
20 Industry Trust Fund Advisory Committee";
(b) by deleting the item commencing "The Poultry Industry
Trust Fund Committee".
18. Sentencing Act 1995 amended
(1) The amendments in this section are to the Sentencing Act 1995*.
25 [* Reprinted as at 4 May 2001.
For subsequent amendments see 2002 Index to Legislation of
Western Australia, Table 1, p. 353 and Acts Nos. 35 and 50 of
2003.]
page 9
Pig, Potato and Poultry Industries (Compensation Legislation) Repeal
Bill 2003
Part 4 Consequential amendments
s. 18
(2) Schedule 1 is amended as follows:
(a) by deleting the item commencing "Potato Growing
Industry Trust Fund Act 1947";
(b) by deleting the item commencing "Poultry Industry
5 (Trust Fund) Act 1948".
page 10
Pig, Potato and Poultry Industries (Compensation Legislation) Repeal
Bill 2003
General Part 5
s. 19
Part 5 -- General
19. Repeal of this Act
When the Treasurer is satisfied that there is --
(a) no money in any former account under this Act; and
5 (b) no money to be paid into the Agricultural Produce
Commission Account under this Act,
the Treasurer is to make an order to that effect, and on
publication of that order in the Gazette this Act is repealed.
page 11
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