Barley Marketing (Amendment) Act 1999 (Vic)

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Barley Marketing (Amendment) Act 1999

Act No. 1/1999

TABLE OF PROVISIONS

Section Page

PART 1—PRELIMINARY 1

1. Purpose 1
2. Commencement 2
3. Principal Act 2

PART 2—BARLEY MARKETING ACT 1993 3

4. Definitions and interpretation 3
5. Amendment of section 5 4
6. Repeal of Parts 2 and 3 5
7. Deregulation of domestic stockfeed market 5
8. Amendment of section 33 5
9. New section 33A inserted 6

33A. Authorisation 6

10. References to Board 6
11. Repeal 7
12. New Part 12 inserted 7
PART 12—TRANSFER OF PROPERTY 7

79. Transfer of property and dissolution of Board 7
80. Issue and transfer of shares 8
81. Substitution of party to agreement 9
82. Board instruments 10
83. Proceedings 10
84. Stamp Duty 10
85. Staff 10
86. Operation of this Part does not place a person in breach
of contract etc 11
87. Annual reports 11

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NOTES 13

i

Victoria

No. 1 of 1999

Barley Marketing (Amendment) Act

1999†

[Assented to 28 April 1999]

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1. Purpose
The purpose of this Act is to provide for the
deregulation of the domestic market for barley,
the dissolution of the Australian Barley Board and
to make further provision for the marketing of
barley.

Barley Marketing (Amendment) Act 1999

Act No. 1/1999 s. 2

2. Commencement
(1) This Part and section 7 come into operation on the
day on which this Act receives the Royal Assent.

(2) Subject to sub-section (3), the remaining

provisions of this Act come into operation on a
day or days to be proclaimed.
(3) If a provision referred to in sub-section (2) does not come into operation before 30 June 1999, it comes into operation on that day.

3. Principal Act

No. 7/1993 as

In this Act, the Barley Marketing Act 1993 is amended by
called the Principal Act. Nos 93/1997,
26/1998,
46/1998 and
52/1998.

_______________
Barley Marketing (Amendment) Act 1999

s. 4	Act No. 1/1999

PART 2—BARLEY MARKETING ACT 1993

4. Definitions and interpretation
(1) In section 3(1) of the Principal Act insert—
' "ABB Grain Ltd" means ABB Grain Ltd
A.C.N. 084 962 130;

"ABB Grain Export Ltd" means ABB Grain Export Ltd A.C.N. 084 962 112;
"Board instrument" means an instrument
(including a legislative instrument other than
this Act) subsisting immediately before the
relevant date—
(a) to which the Board was a party; or

(b)

that was given to or in favour of the Board; or
(c) that refers to the Board; or
(d) under which—
(i) money is or may become, payable to or by the Board; or
(ii) other property is to be, or may become liable to be, transferred to or by the Board;

"instrument" includes a document and an oral
agreement;

"liabilities" means all liabilities, duties and
obligations, whether actual, contingent or
prospective;

"pooled grain" means barley of a season
commencing before 1 July 1999 delivered to
the Board and that became part of a pool
established by the Board;

Barley Marketing (Amendment) Act 1999

Act No. 1/1999 s. 5
"property" means any legal or equitable estate or

interest (whether present or future and
whether vested or contingent) in real or
personal property of any description;

"relevant date" means the date fixed under sub- section (3) or 30 June 1999, whichever is the earlier;
"rights" means all rights, powers, privileges and

immunities, whether actual, contingent or
prospective;

"transferred property" means property, rights

and liabilities that, under Part 12, have
vested in, or become liabilities of, ABB
Grain Ltd or ABB Grain Export Ltd;.

(2) In section 3(1) of the Principal Act—

(a) in the definition of "authorised receiver" for "or other grain on behalf of the Board" substitute "on behalf of ABB Grain Export Ltd";
(b) in the definition of "Board" after "this Act" insert "as in force before the commencement of section 12 of the Barley Marketing (Amendment) Act 1999";
(c)
the definitions of "Committee", "grain", repealed.

(3) After section 3(2) of the Principal Act insert—
"(3) The Minister, after consultation with the
South Australian Minister, may, by notice published in the Government Gazette, fix a date as the relevant date for the purposes of Part 12.".

(4) Section 4 of the Principal Act is repealed.

5. Amendment of section 5

Barley Marketing (Amendment) Act 1999

Act No. 1/1999

In section 5 of the Principal Act—

(a)

in sub-section (1), for "next 5" substitute "next 7";
(b) sub-section (2) is repealed.

6. Repeal of Parts 2 and 3
Parts 2 and 3 of the Principal Act are repealed.

7. Deregulation of domestic stockfeed market

In section 33 of the Principal Act—

(a) after sub-section (3)(d) insert— "(da) barley of a season commencing after
30 June 1998 sold or delivered for use in Australia for stockfeed purposes;";

(b)

in sub-section (4), after "Board" insert "or for use in Australia for stockfeed purposes".

8. Amendment of section 33
(1) In section 33 of the Principal Act—

(a) in sub-sections (1) and (3)(b) and (e), for "the Board" substitute "ABB Grain Export Ltd";
(b) consumption in Australia;".
in sub-section (3), for paragraphs (c), (d) and "(c) barley sold or delivered for

(2) In section 33 of the Principal Act, for sub-sections
(4) and (5) substitute—
"(4) A person, other than ABB Grain Export Ltd,
must not buy barley from another person
except for consumption in Australia.
(5) Sub-sections (1) and (4) do not apply to a
sale, delivery or purchase of barley for
consumption outside Australia if the barley

Barley Marketing (Amendment) Act 1999

Act No. 1/1999 s. 9
is packed in a bag or in a container not
capable of holding more than 50 tonnes of
barley and the barley—

(a)

meets the prescribed standards (if any); and

(b)

is so packed in accordance with the prescribed requirements (if any).".

9. New section 33A inserted
After section 33 of the Principal Act insert—
"33A. Authorisation
(1) For the purposes of Part IV of the Trade
Practices Act 1974 of the Commonwealth and the Competition Code, the following are specifically authorised—

(a) the export of barley by ABB Grain Export Ltd;
(b) anything done by ABB Grain Export Ltd in connection with the export of barley.
(2) This section does not apply to the export of barley harvested on or after 1 July 2001.".

10. References to Board
(1) In section 34 of the Principal Act—

(a)

for "the Board" (wherever occurring) substitute "ABB Grain Export Ltd";

(b)

after "otherwise agreed" insert "or the barley does not meet the standards determined by ABB Grain Export Ltd";

(c)

in paragraph (b), for "at the price to be paid under this Act" substitute "at the price for the time being applicable".

Barley Marketing (Amendment) Act 1999

s. 11

Act No. 1/1999

(2) In sections 35, 36, 37 and 41 of the Principal Act,
for "The Board" or "the Board" (wherever
occurring) substitute "ABB Grain Export Ltd".

11. Repeal
(1) Sections 38, 39 and 40 of the Principal Act are
repealed.
(2) Parts 5, 6, 7, 8 and 9 of the Principal Act are
repealed.

(3) Sections 69 to 75 of the Principal Act are

repealed.

12. New Part 12 inserted
After Part 11 of the Principal Act insert—
'PART 12—TRANSFER OF PROPERTY
79. Transfer of property and dissolution of Board
(1) On the relevant date—

(a)

the property and rights of the Board, wherever located, other than property and rights in pooled grain or which relate to pooled grain or in shares in ABB Grain Ltd, vest in ABB Grain Ltd; and

(b)

the liabilities of the Board, wherever located, other than liabilities in respect of pooled grain, become liabilities of ABB Grain Ltd.
(2) On the relevant date—

(a)

the property and rights of the Board, wherever located, in pooled grain or

Barley Marketing (Amendment) Act 1999

Act No. 1/1999 s. 12
which relate to pooled grain vest in
ABB Grain Export Ltd; and

(b) the liabilities of the Board, wherever located, in respect of pooled grain become liabilities of ABB Grain Export Ltd.
(3) The Board is dissolved on the day after the relevant date.
80. Issue and transfer of shares
(1) Before the relevant date, in consideration for
the transfer of property of the Board under
section 79—

(a) a number of A class shares in ABB Grain Ltd are to be issued to the Board, being a number equal to the number of persons who are to have shares vested in them in accordance with an arrangement determined by the Minister and the South Australian Minister, notice of which has been published in the Government Gazette; and
(b)
Grain Ltd are to be issued to the Board,
being a number equal to the sum of the
number of those shares that are to be
vested in persons in accordance with an
arrangement determined by the
Minister and the South Australian
a number of B class shares in ABB published in the Government Gazette.

(2) On the day after the relevant date—

(a)

a number of A class shares in ABB Grain Ltd are vested in the persons who

Barley Marketing (Amendment) Act 1999

s. 12	Act No. 1/1999
are to have such shares vested in them in accordance with the arrangement referred to in sub-section (1)(a), each such person receiving one such share;

(b)

a number of B class shares in ABB Grain Ltd are vested in the persons who are to have such shares vested in them in accordance with the arrangement referred to in sub-section (1)(b), each such person receiving the number of such shares determined in accordance with that arrangement.

(3) Each person in whom a share is vested under

this section becomes a member of ABB to be such a member.
(4) In this section—
"A class share" means an A class share as provided for in the constitution of ABB

Grain Ltd;

"B class share" means a B class share as
provided for in the constitution of ABB
Grain Ltd.

(5) This section has effect despite anything in the Corporations (Victoria) Act 1990.

81.
Substitution of party to agreement the Board under an agreement vest in, or become liabilities of, ABB Grain Ltd or ABB Grain Export Ltd—

(a) ABB Grain Ltd, or ABB Grain Export Ltd, as the case requires, becomes, on the relevant date, a party to the
agreement in place of the Board; and

Barley Marketing (Amendment) Act 1999

Act No. 1/1999 s. 12

(b)

on and after the relevant date, the agreement has effect as if ABB Grain Ltd, or ABB Grain Export Ltd, as the case requires, had always been a party to the agreement.

82.
Each Board instrument relating to transferred
Board instruments to its tenor on and after the relevant date as if a reference in the instrument to the Board were a reference to ABB Grain Ltd or ABB Grain Export Ltd, as the case requires.

83.
If, immediately before the relevant date,
proceedings (including arbitration
proceedings) relating to transferred property
to which the Board was a party were pending
Proceedings and after the relevant date, ABB Grain Ltd or ABB Grain Export Ltd, as the case requires, is substituted for the Board as a party to the proceedings and has the same rights in the proceedings as the Board.

84.
Stamp Duty anything done under this Part or in respect of any act or transaction connected with or necessary to be done by reason of this Part.

85.
Staff relevant date, was an employee of the Board—

Barley Marketing (Amendment) Act 1999

s. 12

Act No. 1/1999

(a) becomes, on that date, an employee of ABB Grain Ltd with the same rights and entitlements as he or she had immediately before that date; and
(b) is not entitled to receive any payment or other benefit by reason only of having ceased to be an employee of the Board.
86. Operation of this Part does not place a person in breach of contract etc
To avoid doubt, the operation of this Part is not to be regarded as—

(a)

placing a person in breach of contract or confidence; or

(b)

otherwise making a person guilty of a civil wrong; or

(c)

placing a person in breach of any contractual provision prohibiting, restricting or regulating—

(i)
the assignment or transfer of any or
(ii) the disclosure of any information; or

(d)

releasing any surety from any of the surety's obligations in relation to a liability or obligation that is transferred under this Part.

87.
ABB Grain Ltd must give to the Minister
Annual reports its annual report under the Corporations Law

Barley Marketing (Amendment) Act 1999

Act No. 1/1999

together with such information about the
operations of ABB Grain Ltd or ABB Grain
Export Ltd under this Act or the South
Australian Act as the Minister and the South
Australian Minister require.'.

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Barley Marketing (Amendment) Act 1999

Notes

Act No. 1/1999

NOTES

†
Minister's second reading speech—
Legislative Assembly: 13 November 1998
Legislative Council: 13 April 1999
The long title for the Bill for this Act was "to make further provision relating to the marketing of barley, to dissolve the Australian Barley Board, to amend the Barley Marketing Act 1993 and for other
purposes."

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Barley Marketing (Amendment) Act 1999 (Vic)

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4.	Definitions and interpretation	3
5.	Amendment of section 5	4
6.	Repeal of Parts 2 and 3	5
7.	Deregulation of domestic stockfeed market	5
8.	Amendment of section 33	5
9.	New section 33A inserted	6

10.	References to Board	6
11.	Repeal	7
12.	New Part 12 inserted	7
PART 12—TRANSFER OF PROPERTY	7

79.	Transfer of property and dissolution of Board	7
80.	Issue and transfer of shares	8
81.	Substitution of party to agreement	9
82.	Board instruments	10
83.	Proceedings	10
84.	Stamp Duty	10
85.	Staff	10
86.	Operation of this Part does not place a person in breach
of contract etc	11
87.	Annual reports	11

In this Act, the Barley Marketing Act 1993 is	amended by
called the Principal Act.	Nos 93/1997, 26/1998,
46/1998 and 52/1998.

(a)	in the definition of "authorised receiver" for "or other grain on behalf of the Board" substitute "on behalf of ABB Grain Export Ltd";
(b)	in the definition of "Board" after "this Act" insert "as in force before the commencement of section 12 of the Barley Marketing (Amendment) Act 1999";
(c)

(a)	in sub-sections (1) and (3)(b) and (e), for "the Board" substitute "ABB Grain Export Ltd";
(b)	consumption in Australia;".

(a)	meets the prescribed standards (if any); and
(b)	is so packed in accordance with the prescribed requirements (if any).".

(a)	the export of barley by ABB Grain Export Ltd;
(b)	anything done by ABB Grain Export Ltd in connection with the export of barley.

(a)	for "the Board" (wherever occurring) substitute "ABB Grain Export Ltd";
(b)	after "otherwise agreed" insert "or the barley does not meet the standards determined by ABB Grain Export Ltd";
(c)	in paragraph (b), for "at the price to be paid under this Act" substitute "at the price for the time being applicable".

(a)	the property and rights of the Board, wherever located, other than property and rights in pooled grain or which relate to pooled grain or in shares in ABB Grain Ltd, vest in ABB Grain Ltd; and
(b)	the liabilities of the Board, wherever located, other than liabilities in respect of pooled grain, become liabilities of ABB Grain Ltd.

Act No. 1/1999	s. 12
which relate to pooled grain vest in ABB Grain Export Ltd; and

(a)	a number of A class shares in ABB Grain Ltd are to be issued to the Board, being a number equal to the number of persons who are to have shares vested in them in accordance with an arrangement determined by the Minister and the South Australian Minister, notice of which has been published in the Government Gazette; and
(b)	Grain Ltd are to be issued to the Board, being a number equal to the sum of the number of those shares that are to be vested in persons in accordance with an arrangement determined by the Minister and the South Australian

(b)	a number of B class shares in ABB Grain Ltd are vested in the persons who are to have such shares vested in them in accordance with the arrangement referred to in sub-section (1)(b), each such person receiving the number of such shares determined in accordance with that arrangement.
(3) Each person in whom a share is vested under	this section becomes a member of ABB to be such a member.

(b)	on and after the relevant date, the agreement has effect as if ABB Grain Ltd, or ABB Grain Export Ltd, as the case requires, had always been a party to the agreement.
82.	Each Board instrument relating to transferred

(a)	becomes, on that date, an employee of ABB Grain Ltd with the same rights and entitlements as he or she had immediately before that date; and
(b)	is not entitled to receive any payment or other benefit by reason only of having ceased to be an employee of the Board.

(a)	placing a person in breach of contract or confidence; or
(b)	otherwise making a person guilty of a civil wrong; or
(c)	placing a person in breach of any contractual provision prohibiting, restricting or regulating—

(d)	releasing any surety from any of the surety's obligations in relation to a liability or obligation that is transferred under this Part.
87.	ABB Grain Ltd must give to the Minister