Australian Horticultural Corporation
(Transitional Provisions and Consequential Amendments) Act 1987
No. 165 of 1987
TABLE OF PROVISIONS
PART I—PRELIMINARY
Section
1. Short title
2. Commencement
PART II—PROVISIONS CONSEQUENTIAL ON
ABOLITION OF THE AUSTRALIAN APPLE AND PEAR CORPORATION
3. Interpretation
4. Transfer
of assets and liabilities
5. Transferred
instruments
6. Certificates
in relation to assets, liabilities and instruments
7. Exemption
of certain instruments from taxation
8. Pending
proceedings
9. Final report of operations of abolished Corporation
10. Officers and employees of abolished Corporation
11. Payment of amounts of levy and charge to new Corporation
PART III—AMENDMENTS OF THE APPLE AND
PEAR EXPORT UNDERWRITING ACT 1981
12. Principal Act
13. Interpretation
14. Directions by Minister with respect to overseas price of
fruit
TABLE OF PROVISIONS—continued
Section
PART IV—AMENDMENT OF THE APPLE AND
PEAR EXPORT CHARGE ACT 1976
15. Principal Act
16. Imposition of charge
PART V—AMENDMENT OF THE APPLE AND
PEAR LEVY ACT 1976
17. Principal
Act
18. Imposition
of levy
PART VI—REPEALS
19. Repeals
Australian Horticultural Corporation
(Transitional Provisions and Consequential Amendments) Act 1987
No. 165 of 1987
An
Act to enact certain transitional provisions and make certain amendments in
consequence of the enactment of the Australian Horticultural Corporation Act
1987,and for other
purposes
[Assented to 26 December 1987]
BE
IT ENACTED by the Queen, and the Senate and the House of Representatives of the
Commonwealth of Australia, as follows:
PART I—PRELIMINARY
Short
title
1. This Act may be cited as the Australian Horticultural Corporation (Transitional Provisions and
Consequential Amendments) Act 1987.
Commencement
2. This Act shall come into operation
on the day fixed under subsection 2 (2) of the Australian
Horticultural Corporation Act 1987.
PART II—PROVISIONS CONSEQUENTIAL ON
ABOLITION OF THE AUSTRALIAN APPLE AND PEAR CORPORATION
Interpretation
3.
In this Part, unless the contrary intention appears:
“abolished Corporation” means the
Australian Apple and Pear Corporation;
“Apple and Pear Corporation Act”
means the Australian Apple and Pear Corporation Act 1973;
“assets” means property of every
kind and, without limiting the generality of the foregoing, includes:
(a) choses in action; and
(b) rights, interests and claims of
every kind in or to property, whether arising under or by virtue of an
instrument or otherwise, and whether liquidated or unliquidated, certain or
contingent, accrued or accruing;
“authorised person” means:
(a) a member of the new Corporation;
or
(b) an employee of the new
Corporation;
“commencing day” means the day on
which this Act comes into operation;
“Export Charge Act” means the Apple
and Pear Export Charge Act 1976;
“Export Charge Collection Act” means
the Apple and Pear Export Charge Collection Act 1976;
“instrument” means an instrument of
any kind and, without limiting the generality of the foregoing, includes a
contract, guarantee or agreement (whether express or implied and whether made
or given orally or in writing), bond, authority, order, power of attorney,
mortgage, transfer, conveyance or other assurance, charge, lien, bill of
lading, bill of exchange, letter of credit and security;
“Levy Act” means the Apple and
Pear Levy Act 1976;
“Levy Collection Act” means the Apple
and Pear Levy Collection Act 1976;
“liabilities” means liabilities of
every kind and, without limiting the generality of the foregoing, includes
obligations of every kind, whether arising under or by virtue of an instrument
or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued
or accruing;
“new Corporation” means the
Australian Horticultural Corporation;
“transferred instrument” means an
instrument subsisting immediately before the commencing day:
(a) to which the abolished
Corporation was a party;
(b) that was given to or in favour
of the abolished Corporation;
(c) in which a reference is made to
the abolished Corporation; or
(d) under which:
(i) money is, or may become, payable
to or by the abolished Corporation; or
(ii) any other property is to be, or
may become liable to be, transferred, conveyed or assigned to or by the
abolished Coporation.
Transfer
of assets and liabilities
4. On the commencing day, the assets
and liabilities of the abolished Corporation become, by force of this section,
assets and liabilities of the new Corporation.
Transferred
instruments
5. A transferred instrument continues,
by force of this section, in full force and effect after the commencement of
this Act but, in its operation in relation to acts or things done, entered into
or occurring on or after the commencing day, has effect as if references to the
abolished Corporation were references to the new Corporation.
Certificates
in relation to assets, liabilities and instruments
6. (1) An authorised person may
certify, in writing:
(a) that an asset or liability
specified or described in the certificate became, by force of section 4, an
asset or liability, as the case may be, of the new Corporation; or
(b) that an instrument specified or
described in the certificate is a transferred instrument.
(2)A certificate under subsection (1)
is prima facie evidence
of the matters certified in the certificate.
(3) A document purporting to be a
certificate under subsection (1) shall, unless the contrary is established, be
deemed to be such a certificate and to have been duly given.
Exemption
of certain instruments from taxation
7. (1) Where an authorised person
certifies, in writing, that an instrument specified or described in the
certificate was made or given by reason of, or for a purpose connected with or
arising out of, the operation of this Part, the instrument is not subject to
stamp duty or any other tax under a law of the Commonwealth or of a State or
Territory.
(2) A
document purporting to be a certificate under subsection (1) shall, unless the
contrary is established, be deemed to be such a certificate and to have been
duly given.
Pending
proceedings
8. Where, immediately before the
commencing day, proceedings to which the abolished Corporation was a party were
pending in any court or before any tribunal, the new Corporation is, by force
of this section, substituted for the abolished Corporation as a party to the
proceedings.
Final
report of operations of abolished Corporation
9. (1) The new Corporation shall, as soon as practicable after the
commencing day, prepare and furnish to the Minister a report of the operations
of the abolished Corporation during the period that commenced at the end of the
last period in relation to which a report of the operations of the abolished
Corporation was furnished to the Minister under section 37 of the Apple and
Pear Corporation Act and ended immediately before the commencing day, together
with financial statements in respect of that period in such form as the
Minister for Finance approves.
(2) Without limiting the generality of
subsection (1), the new Corporation shall include in the report:
(a) particulars of any directions
given to the abolished Corporation by the Minister with respect to the
performance of that Corporation’s functions or the exercise of its powers; and
(b) a statement of the principal
objectives of the abolished Corporation in the period to which the report
relates and of the strategies pursued by the abolished Corporation to achieve
those objectives in that period.
(3) Before submitting the financial
statements to the Minister under subsection (1), the new Corporation shall
submit them to the Auditor-General, who shall report to the Minister:
(a) whether, in the Auditor-General’s
opinion, the statements are based on proper accounts and records;
(b) whether the statements are in
agreement with the accounts and records and, in the Auditor-General’s opinion,
show fairly the financial transactions and state of affairs of the abolished
Corporation;
(c) whether, in the Auditor-General’s
opinion, the receipt, expenditure and investment of money, and the acquisition
and disposal of assets, by the abolished Corporation during the period to which
the report relates were in accordance with the Apple and Pear Corporation Act;
and
(d) as to such other matters arising
out of the statements as the Auditor-General considers should be reported to
the Minister.
(4) The Minister shall cause a copy of
the report and financial statements, together with a copy of the
Auditor-General’s report, to be laid before each House of the Parliament within
15 sitting days of that House after their receipt by the Minister.
Officers
and employees of abolished Corporation
10. (1)
A person who, immediately before the
commencing day, was an officer or employee of the abolished Corporation shall
be deemed to have been engaged by the new Corporation as an employee on that
day.
(2) The
new Corporation shall be deemed to have determined, on the commencing day,
terms and conditions of employment of persons to whom subsection (1) applies
that are the same as those that were the terms and conditions of service or
employment of those persons immediately before that day.
Payment
of amounts of levy and charge to new Corporation
11. (1)
Subject to subsection (3), there
shall be paid to the new Corporation amounts equal to:
(a) amounts of levy received by the
Commonwealth under the Levy Act; and
(b) amounts received by the
Commonwealth by way of penalty under section 7 of the Levy Collection Act.
(2) Subject to subsection (3), there
shall be paid to the new Corporation amounts equal to:
(a) amounts of charge received by
the Commonwealth under the Export Charge Act; and
(b) amounts received by the
Commonwealth by way of penalty under section 6 of the Export Charge Collection
Act.
(3) Subsections (1) and (2) do not
apply in relation to amounts that have been paid to the abolished Corporation
under section 29 of the Apple and Pear Corporation Act.
(4) Amounts payable under subsections (1)
and (2) shall be paid out of the Consolidated Revenue Fund, which is
appropriated accordingly.
(5) The reference in paragraph (1) (a)
to amounts of levy received by the Commonwealth under the Levy Act includes a
reference to amounts received by the Commonwealth under section 6 of the Levy
Collection Act, and the reference in paragraph (2) (a) to amounts of charge
received by the Commonwealth under the Export Charge Act includes a reference
to amounts received by the Commonwealth under section 5 of the Export Charge
Collection Act.
PART III—AMENDMENTS OF THE APPLE AND
PEAR EXPORT UNDERWRITING ACT 1981
Principal
Act
12. The Apple
and Pear Export Underwriting Act 19811 is in this Part referred to as the Principal Act.
Interpretation
13. Section 3 of the Principal Act is
amended by omitting from subsection (1) the definition of “Corporation” and
substituting the following definition:
“ ‘Corporation’ means the Australian
Horticultural Corporation;”.
Directions
by Minister with respect to overseas price of fruit
14. Section 14 of the Principal Act is
amended by omitting “regulations in force under the Australian
Apple and Pear Corporation Act 1973 authorize”
and substituting “a regulation in force under the Australian Horticultural
Corporation Act 1987,or
an order in force under such a regulation, authorises”.
PART IV—AMENDMENT OF THE APPLE AND
PEAR EXPORT CHARGE ACT 1976
Principal
Act
15. The Apple
and Pear Export Charge Act 19762 is in this Part referred to as the Principal Act.
Imposition
of charge
16. Section 6 of the Principal Act is
amended by inserting after subsection (1) the following subsection:
“(1a)
Charge is not imposed on fruit that is exported from Australia on or after the
day fixed under subsection 2 (2) of the Australian Horticultural Corporation
Act 1987.”.
PART V—AMENDMENT OF THE APPLE AND
PEAR LEVY ACT 1976
Principal
Act
17. The Apple
and Pear Levy Act 19763is in this Part referred to as the
Principal Act.
Imposition
of levy
18. Section 5 of the Principal Act is
amended by inserting after subsection (1) the following subsection:
“(1a)
Levy is not imposed on:
(a) fruit that is sold in Australia
by the grower on or after the day fixed under subsection 2 (2) of the Australian
Horticultural Corporation Act 1987; or
(b) fruit that is used by the grower
on or after the day referred to in paragraph (a).”.
PART VI—REPEALS
Repeals
19.
The following Acts are repealed:
Apple and Pear Stabilization Act
1971
Apple and Pear Stabilization Act
1972
Apple and Pear Stabilization Act
1973
Apple and Pear Stabilization
Amendment Act 1976
Apple and Pear Stabilization Amendment
Act 1977
Apple and Pear Stabilization
Amendment Act (No. 2)
1977
Apple and Pear Stabilization
Amendment Act 1978
Apple and Pear Stabilization
Amendment Act 1981.
NOTES
1. No.
14, 1981, as amended. For previous amendments, see No. 15, 1986.
2.
No.
197, 1976, as amended. For previous amendments, see No. 147, 1981.
3.
No.
195, 1976, as amended. For previous amendments, see No. 146, 1981; No. 19,
1982; and No. 28, 1984.
[Minister’s
second reading speech made in—
House of Representatives on 18 September
1987
Senate on 17 November 1987