Australian Apple and Pear Corporation Amendment Act 1978 (Cth)

AUSTRALIAN APPLE AND PEAR

CORPORATION AMENDMENT ACT 1978

No. 15 of 1978

An Act to amend the Australian Apple and Pear Corporation Act 1973.

BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:

Short title, &c.

1. (1) This Act may be cited as the Australian Apple and Pear Corporation Amendment Act 1978.

 

(2) The Australian Apple and Pear Corporation Act 1973 is in this Act referred to as the Principal Act.

Commencement

2. This Act shall come into operation on the day on which it receives the Royal Assent.

3. (1) Section 18 of the Principal Act is repealed and the following section substituted:

Remuneration and allowances

“18. (1) In this section, ‘prescribed person’ means—

(a) a member, or a deputy of a member, of the Corporation; or

(b) a member of a Committee appointed under section 10.

 

“(2) A prescribed person shall be paid such remuneration as is determined by the Remuneration Tribunal.

 

“(3) A prescribed person shall be paid such allowances as are prescribed.

 

“(4) This section has effect subject to the Remuneration Tribunals Act 1973.”.

 

 (2) Regulations in force at the commencement of this section for the purposes of sub-section 18 (3) of the Principal Act continue in force as if made for the purposes of sub-section 18(3) of the Principal Act as amended by this Act.

Borrowing by Corporation

4. Section 30 of the Principal Act is amended by omitting paragraph (a) of sub-section (1) and substituting the following paragraph:

“(a) borrow moneys for the purpose of—

(i) exercising its power to engage in trade;

(ii) performing its function of promoting the export from Australia of apples and pears;

(iii) performing its function of promoting trade and commerce in apples and pears among the States, between States and Territories and within the Territories; or

(iv) performing its function of encouraging the consumption of apples and pears in the Territories; and

Formal amendments

5. (1) The Principal Act is amended as set out in the Schedule.

(2) A person holding office immediately before the commencement of this Act as the member of the Australian Apple and Pear Corporation referred to in paragraph 13(1)(c) of the Principal Act shall be deemed, for the purposes of the Principal Act as amended by this Act, to have been appointed to that office under paragraph 13(1)(c) of the Principal Act as amended by this Act.

 

SCHEDULE Section 5

FORMAL AMENDMENTS

1. The following provisions are amended by omitting “Australian Government” (wherever occurring) and substituting “Commonwealth”:

Sub-sections 13(1) and 17(1) and (2).

2. The following provisions are amended by omitting “Australia” (wherever occurring) and substituting “the Commonwealth”:

Sub-sections 30(3), 32(2) and 36(1).

3. Section 37 is amended by omitting from sub-section (1) “Treasurer” and substituting “Minister for Finance”.