Agricultural Industry Development (Amendment) Act 2000 (Vic)

Agricultural Industry Development (Amendment)

Act 2000

Act No. 76/2000

TABLE OF PROVISIONS

Section Page

1.	Purpose	1
2.	Commencement	2
3.	Principal Act	2
4.	Amendment of purposes	2
5.	Definitions	3
6.	References to the Chief General Manager substituted	3
7.	Voting	3
8.	General provisions as to Orders	4
9.	Repeal of section 12A	4
10.	Functions of Committees	4
11.	Orders conferring powers on a Committee	5
12.	Committee's proceedings	5
13.	Powers of authorised officers	5
14.	Scope of Orders	5
15.	Membership	6
16.	Proceedings	6
17.	Fixing of allowances	6
18.	Vacancies in membership	6
19.	Pecuniary interests of members	6
20.	Validity of decisions	6
21.	Staff	6
22.	Objectives of Committees	7
23.	Further provisions as to particular functions and powers	7
24.	New sections 39 substituted and 39A inserted	7

39.	Establishment of Funds	7
39A.	Transfer between funds	8

25.	Repeal of section 43	9
26.	Plans of operations	9
27.	New Division 3 of Part 3 inserted	9
Division 3 — Action and Project Plans	10

47.	Annual action plans	10
48.	New projects	11
49.	Use of proceeds of charges	12

28. New Part 7 substituted 12

i

Section Page

PART 7—TRANSITIONAL 13

63. Transitional order making powers 13

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ENDNOTES 14

ii

Victoria

No. 76 of 2000

Agricultural Industry Development

(Amendment) Act 2000†

[Assented to 28 November 2000]

The Parliament of Victoria enacts as follows:

1. Purpose

The main purpose of this Act is to amend the
Agricultural Industry Development Act 1990

to—

(a) abolish the powers of Committees established under that Act to—

(i) recommend prices;
Agricultural Industry Development (Amendment) Act 2000

Act No. 76/2000 s. 2

(ii)  fix or recommend terms and conditions of payment;

(iii)  settle disputes between processors and producers;

(b) abolish Negotiating Committees;

(c)	make further provision for determining the basis of voting under the Act;
(d)	make further provision for the imposition of charges by a Committee.

2. Commencement

(1) This Act (except sections 7, 11(2), 24, 27 and 28)

comes into operation on the day after the day on
which it receives the Royal Assent.

(2) Subject to sub-section (3), sections 7, 11(2), 24,

27 and 28 come into operation on a day or days to

be proclaimed.

(3) If a provision referred to in sub-section (2) has not

come into operation before 1 November 2001, it

comes into operation on that day.

3. Principal Act

See:

In this Act, the Agricultural Industry	Act No.
Development Act 1990 is called the Principal	48/1990 Reprint No. 2
Act.	as at 11 March
1999. LawToday:
dpc.vic.
gov.au

4. Amendment of purposes

In section 1 of the Principal Act—

(a) in paragraph (a), for sub-paragraphs (iii), (iv) and (v) substitute—

Agricultural Industry Development (Amendment) Act 2000

s. 5 Act No. 76/2000

"(iii) to establish and manage a general fund

and project funds for the purposes of
this Act;";

(b) paragraph (b) is repealed.

5. Definitions

In section 3 of the Principal Act—

(a)

for the definition of "Committee" ' "Committee" means a Committee

established by an Order;';

(b) in the definition of "producer" omit "for sale" (where twice occurring);

(c) the definition of "Order" is repealed;

(d) insert the following definitions— ' "Department Head" means the

Department Head (within the meaning
of the Public Sector Management and
Employment Act 1998) of the
Department of Natural Resources and

Environment;

"Order" means an Order under Part 2;';

(e)

the definitions of "Chief General Manager", "wine grapes" are repealed.

6. References to the Chief General Manager substituted

(1) In sections 5(1) and (3) and 6(1) of the Principal

Act, for "Chief General Manager" substitute

"Department Head".

(2) In section 7(2) of the Principal Act, for "Chief

General Manager's" substitute "Department

Head's".

7. Voting

Agricultural Industry Development (Amendment) Act 2000

Act No. 76/2000 s. 10

(1) For section 5(4) of the Principal Act substitute— "(4) A report must—

(a)	include a draft of the proposed Order; and
(b)	specify the criteria for determining eligibility to vote in a poll on the question of whether the Order should be made; and
(c)	specify the criteria for determining the number of votes a producer may cast in a poll on the question of whether the

Order should be made.".

(2) In sections 8(1) and 9(7) of the Principal Act, for

"the producers who voted" substitute "votes
cast".

(3) After section 19(1)(b) of the Principal Act

insert—

"(ba) must specify the criteria for determining the

number of votes a producer may cast in polls
on the continuation of the Order;

(bb) must specify the criteria for determining the

number of votes a producer may cast in
voting for the purposes of section 39A and
Division 3 of Part 3;".

8. General provisions as to Orders

In section 12(1) of the Principal Act, omit

", Part 4 and Part 4A".

9. Repeal of section 12A

Section 12A of the Principal Act is repealed.

10. Functions of Committees

Agricultural Industry Development (Amendment) Act 2000

s. 14 Act No. 76/2000

(1) In section 15(1) of the Principal Act, for paragraphs (d), (e) and (f) substitute— "(d) to establish and manage a general fund and

project funds for the purposes of this Act;".

(2) In section 15 of the Principal Act, sub-sections

(2), (3) and (4) are repealed.

11. Orders conferring powers on a Committee

(1) In section 16(1) of the Principal Act, for

paragraphs (a) and (b) substitute—

"(a) power to impose, in accordance with this

Act, charges for services it provides;".

(2) In section 16(2) of the Principal Act, for paragraphs (a), (b) and (c) substitute— "(a) the amount or rate of the first charge to be

imposed by the Committee and the period
not exceeding one year in which the charge

is to apply; and

(b)	the basis on which the first charge is to be calculated; and
(c)	the maximum amount or rate of each charge that may be imposed after the first charge during the term of the Order; and".

12. Committee's proceedings

In section 17 of the Principal Act—

(a) in paragraph (b), omit "and";

(b) paragraph (c) is repealed.

13. Powers of authorised officers

In section 18 of the Principal Act, paragraph (b) is repealed.

14. Scope of Orders

Agricultural Industry Development (Amendment) Act 2000

Act No. 76/2000 s. 21

In section 19(1) of the Principal Act, paragraph

(a) is repealed.

15. Membership

In section 23 of the Principal Act, sub-sections (2) and (5) are repealed.

16. Proceedings

(1) In section 24(3) and (6) of the Principal Act, for "Except in the case of a Negotiating Committee, if" substitute "If".

(2) In section 24 of the Principal Act, sub-sections (4)

and (7) are repealed.

17. Fixing of allowances

In section 25 of the Principal Act, sub-section (2) is repealed.

18. Vacancies in membership

In section 27(1) of the Principal Act—

(a) in paragraph (b), omit "or";

(b) paragraph (c) is repealed.

19. Pecuniary interests of members

(1) In section 29(2) of the Principal Act, for "Except

in the case of a Negotiating Committee, sub-
section (1)" substitute "Sub-section (1)".

(2) In section 29 of the Principal Act, sub-section (3)

is repealed.

20. Validity of decisions

In section 30 of the Principal Act—

(a) in paragraph (b), omit "or";

(b) paragraph (c) is repealed.

21. Staff

Agricultural Industry Development (Amendment) Act 2000
Act No. 76/2000

In section 31 of the Principal Act, omit ", having regard to the Public Service Determinations,".

22. Objectives of Committees

(1) In section 35(1) of the Principal Act, omit

", including a Negotiating Committee,".

(2) In section 35 of the Principal Act, sub-section (2)

is repealed.

23.  Further provisions as to particular functions and powers

In section 37 of the Principal Act, sub-sections

(1), (3), (5) and (6) are repealed.

24. New sections 39 substituted and 39A inserted

For section 39 of the Principal Act, substitute—

"39. Establishment of Funds

(1) A Committee must establish—

(a) a project fund for each project that is approved by producers in accordance with Division 3;

(b) a general fund.

(2) The Committee must pay into a project fund all charges and other money received by the Committee in relation to the project for

which the fund was established.

(3) The Committee must pay into the general

fund all money received by the Committee
that does not relate to a particular project
including all interest received on money
invested by it, whether in a project fund or
the general fund.

(4) Money from a project fund may be applied by the Committee in the payment of—

Agricultural Industry Development (Amendment) Act 2000

Act No. 76/2000 s. 24

(a) Committee or otherwise required to
meet the Committee's expenditure in

money paid on account of the the fund was established;

(b)

the remuneration (including remuneration of the members and staff of the Committee that are referable to the project for which the fund was established.

(5) If, at the end of a financial year, a Committee

has retained in project funds and the general fund as total reserves more than 20% of the charges that it has collected from producers in that financial year, the Committee must
publish, in its annual report for that year, the

reasons why it has retained those reserves.

39A. Transfer between funds

(1) If a Committee determines that the amount of money in a project fund is not or will not be sufficient to meet the required payments from the fund for its project, the Committee may transfer money from another project

fund or the general fund if the money is

transferred in accordance with—

(a)	the approval of the majority of the votes cast by the producers present or voting by proxy at a general meeting of producers; and
(b)	any conditions imposed with the approval of the majority of the votes cast by the producers present or voting by proxy at a general meeting of producers.

Agricultural Industry Development (Amendment) Act 2000

s. 25 Act No. 76/2000

(2) If a Committee determines that the amount of money in a project fund exceeds or will exceed the required payments from the fund

for its project, the Committee may transfer the excess money from that project fund to another project fund established for a new project or the general fund if the transfer of
money is approved by the majority of votes
cast by producers present or voting by proxy
at a general meeting of producers.

(3) If the Committee determines that there is sufficient money in the general fund, the Committee may transfer money from the general fund to a project fund established for

a new project if the new project and the
transfer of money is approved by the
majority of votes cast by producers present
or voting by proxy at a general meeting of

producers.

(4) A Committee must pay money out of a

project fund to the general fund if there is money remaining in the project fund after the project has been completed and all

expenses for the project have been paid.".

25. Repeal of section 43

Section 43 of the Principal Act is repealed.

26. Plans of operations

In section 45(1) of the Principal Act for "If its constituting Order so requires, a" substitute "A".

27. New Division 3 of Part 3 inserted

After section 46 of the Principal Act insert—

Agricultural Industry Development (Amendment) Act 2000

Act No. 76/2000

"Division 3—Action and Project Plans

47. Annual action plans

(1) A Committee which proposes to impose a

charge on producers in a year must prepare a
recommended action plan for the year in
which the charge is to be imposed including
the proposals of the Committee for each
project that the charge is to finance or

partially finance for that year.

(2) The recommended action plan must

include—

(a)	details of each project the committee proposes to undertake or to fund in the year, including—
(i) the objectives of the project; (ii) the methodology of the project;
(iii) the time over which the project is to be undertaken;

(iv) the planned outputs of the project;

(v) a financial budget for the project including the estimated costs of the project and the proportion of the total cost of the project that is to be funded by a compulsory charge on producers;
(b)	details of the existing financial reserves of the committee at the beginning of the year and the projected financial
reserves of the committee at the end of the year;
(c)	the reasons for the recommended retention of any funds to be raised by a charge on producers;

Agricultural Industry Development (Amendment) Act 2000

s. 27 Act No. 76/2000

(d) details of the anticipated amount and quantity of commodity to be grown or produced for that year.

(3) The Committee must submit to a general

meeting of the producers of the commodity

who will be liable to pay the charge—

(a)	its recommended action plan for the year; and
(b)	resolutions, relating to each of the matters referred to in sub-section (2)(a)(i), (ii), (iii), (iv) and (v), (b), (c),
and (d), that the meeting agrees to the recommendations of the Committee about each of those matters.

(4) The Committee must notify producers of the

commodity of the Committee's
recommended action plan for the year at
least 14 days before a general meeting of
producers to consider the recommended
plan.

48. New projects
(1) A Committee which proposes in a year of

operation to establish a new project that has not been approved by producers in relation to an action plan for that year must prepare a

recommended project plan for the new

project including the following details—

(a) the objectives of the project;

(b) the methodology of the project;

(c) the time over which the project is to be undertaken;

(d) the planned outputs of the project;

(e) a financial budget for the project including the estimated costs of the

Agricultural Industry Development (Amendment) Act 2000

Act No. 76/2000	s. 27
project and the Committee's proposal for the funding of the project.

(2) The Committee must submit its

recommended project plan to a general
meeting of the producers of the commodity.

(3) The Committee must notify producers of the

commodity of the Committee's
recommended project plan at least 14 days
before a general meeting of producers to
consider the recommended project plan.

49.

Use of proceeds of charges from a charge imposed on producers, other than the first charge imposed by the Committee, in accordance with—

(a)	the recommendations of an action plan in relation to a project that has been approved by the majority of votes cast by producers present or voting by proxy at a general meeting of producers; or
(b)	a project plan for a project that has been approved by the majority of votes cast by producers present or voting by proxy at a general meeting of producers; or

(c) section 39A.".

28. New Part 7 substituted

For Part 7 of the Principal Act substitute—

Agricultural Industry Development (Amendment) Act 2000

Act No. 76/2000

"PART 7—TRANSITIONAL

63. Transitional order making powers

(1) This Act, as amended by the Agricultural

Industry Development (Amendment) Act
2000, applies to a Committee whether
established before or after the
commencement of section 28 of the
Agricultural Industry Development
(Amendment) Act 2000.

(2) Without limiting any other powers of the Minister under this Act, the Minister, by notice published in the Government Gazette,

may amend an Order that was in operation immediately before the commencement of section 28 of the Agricultural Industry
Development (Amendment) Act 2000 to
make consequential amendments to the
Order arising out amendments made to this
Act by the Agricultural Industry
Development (Amendment) Act 2000.

(3) An Order amended under sub-section (2) has effect as so amended on and from the date of the publication of the notice or on or from

any later day that is specified in the notice.".

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Agricultural Industry Development (Amendment) Act 2000

Act No. 76/2000 Endnotes

ENDNOTES

†

Minister's second reading speech—

Legislative Assembly: 5 October 2000

Legislative Council: 14 November 2000

The long title for the Bill for this Act was "to amend the Agricultural
Industry Development Act 1990 and for other purposes."