Dairy Industry Amendment Act 2000 (TAS)

Dairy Industry Amendment Act 2000

An Act to amend the Dairy Industry Act 1994

[Royal Assent 16 June 2000]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1Short titleThis Act may be cited as the Dairy Industry Amendment Act 2000 . 2CommencementThis Act commences on a day to be proclaimed. 3Principal ActIn this Act, the Dairy Industry Act 1994 is referred to as the Principal Act. 4Section 3 amended (Interpretation) Section 3(1) of the Principal Act is amended as follows: (a) by inserting the following definition before the definition of Authority : Agency means Agency as defined in the Tasmanian State Service Act 1984; (b) by omitting the definition of corresponding body ; (c) by omitting " section 22 (1) (a) " from the definition of dairy farmer’s licence and substituting " section 22(a) "; (d) by omitting the definition of farm gate price ; (e) by inserting the following definition after the definition of flavoured milk : Head of an Agency means Head of an Agency as defined in the Tasmanian State Service Act 1984; (f) by omitting " section 22 (1) (c) " from the definition of manufacturer’s licence and substituting " section 22(c) "; (g) by inserting the following definition after the definition of market milk : member means a member of the Authority; (h) by omitting " section 22 (1) (b) " from the definition of processor’s licence and substituting " section 22(b) "; (i) by omitting " section 22 (1) (d) " from the definition of vendor’s licence and substituting " section 22(d) ". 5Section 6 amended (Membership of Authority) Section 6 of the Principal Act is amended as follows: (a) by omitting from subsection (1)(a) "one is a person" and substituting "2 are persons"; (b) by omitting paragraph (b) from subsection (1) ; (c) by omitting subsection (3) and substituting the following subsections: (3)  Schedule 1 has effect with respect to membership of the Authority. (4)  Schedule 2 has effect with respect to meetings of the Authority. 6Section 7 amended (Deputy members) Section 7 of the Principal Act is amended by omitting subsection (4) . 7Sections 8 , 8A , 8B , 8C , 8D , 8E and 8F insertedAfter section 7 of the Principal Act , the following sections are inserted in Division 1: 8Ministerial control and directions (1)  The Authority is subject to the control of the Minister. (2)  The Minister may give any directions to the Authority in respect of any matter under this Act. (3)  The Authority is to include a summary of any direction given to it by the Minister in the annual report prepared under section 8E for the year to which the direction relates. (4)  If the Authority does not comply with any direction given by the Minister, the Minister, by notice in writing, may require the Authority to comply with the direction. 8AAccounting records (1)  The Authority is to keep accounting records that correctly record and explain its transactions and financial position. (2)  The records are to be kept in a manner that – (a) allows true and fair accounts of the Authority to be prepared; and (b) allows its accounts to be conveniently and properly audited or reviewed; and (c) subject to any contrary direction of the Treasurer, complies with Australian Accounting Standards; and (d) complies with any direction of the Minister. 8BFinancial statements (1)  Within 60 days after the end of the financial year, the Authority is to – (a) prepare the financial statements of the Authority relating to that financial year; and (b) provide the Auditor-General with those financial statements. (2)  Financial statements in respect of a financial year are to consist of the following: (a) a profit and loss account or other operating statement for that financial year; (b) a balance sheet or other statement of financial position as at the end of that financial year; (c) a statement of the cash flows for that financial year; (d) any other financial information required to be included by a direction given under subsection (4) ; (e) any statements, reports and notes, other than a directors’ report or an auditor’s report, attached to, or intended to be read with, the profit and loss account, other operating statement, balance sheet or other statement of financial position. (3)  The financial statements are to – (a) comply with any direction given under subsection (4) ; and (b) subject to any direction under subsection (4) , comply with Australian Accounting Standards; and (c) be signed or certified as specified in any direction under subsection (4) . (4)  The Treasurer may give any written directions to the Authority in respect to the form and contents of the financial statements the Treasurer considers appropriate. 8CExtension of time for preparing financial statements (1)  Within 45 days after the end of the financial year, the Authority may apply to the Treasurer for an extension of the period within which it must prepare and provide the financial statements of the Authority. (2)  An application is to – (a) include detailed reasons for requiring the extension; and (b) specify the day by which the Authority estimates that it can provide the financial statements. (3)  The Treasurer may – (a) refuse to grant the application; or (b) grant the application and extend the period as the Treasurer considers appropriate. (4)  The Treasurer is not to grant an extension that would prevent the Minister from tabling an annual report in accordance with section 8F(1) . (5)  Within 7 days after being notified of an extension, the Authority is to notify the Minister of the details of the extension. 8DOpinion of Auditor-General The Auditor-General is to provide the Authority, the Minister and the Treasurer with a copy of his or her opinion in respect of the financial statements of the Authority given under section 40 of the Financial Management and Audit Act 1990 . 8EAnnual report (1)  The Authority is to prepare an annual report for each financial year. (2)  The annual report is to include the following information and documents: (a) the financial statements of the Authority for the financial year to which the annual report relates; (b) a copy of the opinion of the Auditor-General received under section 8D ; (c) a report on the operations of the Authority during that financial year; (d) the details of any extension granted under section 8C ; (e) any information the Minister may require relating to the Authority and its employees; (f) any other information the Minister may require; (g) any other information the Authority considers is appropriate or necessary to properly inform the Minister and Parliament as to the performance and progress of the Authority during that financial year. (3)  The Authority is to provide the annual report to the Minister, the Treasurer and the Auditor-General. (4)  Section 33AB of the Tasmanian State Service Act 1984 does not apply in respect of the Authority. 8FTabling of annual report (1)  The Minister is to lay a copy of the annual report before each House of Parliament within 5 months after the end of the financial year to which the annual report relates. (2)  If the Minister is unable to comply with subsection (1) for any reason other than that a House of Parliament is not sitting at the expiration of the period specified in that subsection, the Minister, before the expiration of that period, is to lay before each House of Parliament a statement specifying – (a) the reasons for the failure to comply with that subsection; and (b) an estimate of the day by which a copy of the annual report will be ready to lay before each House of Parliament. (3)  If the Minister is unable to lay a copy of the annual report before a House of Parliament within the period specified in subsection (1) or by the day specified in subsection (2) because either House of Parliament is not sitting at the expiration of that period or on that day, the Minister is to – (a) forward a copy of the annual report to the Clerk of that House of Parliament immediately after the expiration of that period or that day; and (b) lay a copy of the annual report before that House within the next 7 sitting days of that House. 8Section 11 amended (Functions of Authority) Section 11 of the Principal Act is amended as follows: (a) by omitting paragraph (a) ; (b) by omitting paragraph (e) . 9Section 12 amended (Powers of Authority) Section 12 of the Principal Act is amended as follows: (a) by omitting from paragraph (f) "body." and substituting "body; and"; (b) by inserting the following paragraphs after paragraph (f) : (g) enter into any contract or arrangement; and (h) engage consultants or other contractors; and (i) charge a fee for services provided by it under the Act; and (j) do anything necessary or convenient to perform its functions. 10Section 13 substituted Section 13 of the Principal Act is repealed and the following sections are substituted: 13Employees (1)  Subject to, and in accordance with, the Tasmanian State Service Act 1984, persons may be appointed or employed for the purpose of this Act. (2)  The Authority, with the approval of the Head of an Agency, may make arrangements for any persons employed in that Agency to be made available to the Authority to enable it to perform its functions or exercise its powers under this Act or any other Act. 14Delegation The Authority, with the approval of the Minister, may delegate any of its functions and powers, other than this power of delegation, to any person. 15Borrowing Subject to the approval in writing of the Minister and the Treasurer, the Authority may borrow money on any terms and conditions the Treasurer approves. 16Participation in companies In order to perform its functions or exercise its powers, the Authority may – (a) be a member of a limited company; or (b) form, or participate in the formation of, a limited company. 11Section 22 substituted Section 22 of the Principal Act is repealed and the following section is substituted: 22Issue of licences The Authority, on granting an application by a person for a licence, is to issue to that person any one or more of the following licences: (a) a dairy farmer’s licence; (b) a processor’s licence; (c) a manufacturer’s licence; (d) a vendor’s licence. 12Section 25 amended (Renewal of licences) Section 25 of the Principal Act is amended by omitting subsection (9) . 13Part 4 repealed Part 4 of the Principal Act is repealed. 14Sections 48 and 49 insertedAfter section 47 of the Principal Act , the following sections are inserted in Part 6: 48Committees (1)  The Authority may establish a committee on any terms and conditions it considers appropriate. (2)  The function of a committee is to advise the Authority on any matter relating to its functions and powers. 49Immunity from liability A member of the Authority or a committee is not personally liable for an honest act or omission done or made in the exercise or purported exercise of a power or the performance or purported performance of a function under this Act. 15Section 53 and Schedules 1 and 2 insertedAfter section 52 of the Principal Act , the following section and Schedules are inserted: 53Proceeds of milk sales Any proceeds of the sale of milk not distributed by the Authority before the commencement of the Dairy Industry Amendment Act 2000 are to be distributed by the Authority on or after that commencement in accordance with section 37 as if that section had not been repealed by that Act. Schedule 1Membership of Authority

Section 6(3)

1.   Period of appointment A member is to be appointed for the period, not exceeding 3 years, specified in his or her instrument of appointment. 2.   Holding other office The holder of an office who is required under any Act to devote the whole of his or her time to the duties of that office is not disqualified from – (a) holding that office and also the office of a member; or (b) accepting any remuneration payable to a member. 3.   Remuneration A member is entitled to be paid any remuneration and allowances the Minister determines. 4.   Vacation of office (1)A member vacates office if the member – (a) dies; or (b) resigns; or (c) is removed from office under subclause (2) or (3). (2)The Minister may remove a member from office if the member – (a) is absent from 3 consecutive meetings of the Authority without the permission of the Authority; or (b) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes assignment of remuneration or estate for the creditors’ benefit; or (c) is convicted, in Tasmania or elsewhere, of a crime or an offence punishable by imprisonment for 12 months or longer. (3)The Minister may remove a member from office if satisfied that the member is unable to perform adequately or competently the duties of office. 5.   Filling of vacancies (1)If the office of a member referred to in paragraph (a) of section 6(1) becomes vacant, the Minister may appoint a person selected from nominations received under that paragraph to the vacant office for the remainder of that member’s term of office. (2)If the office of a member referred to in section 6(1) (c) or (d) becomes vacant, the Minister may appoint a suitable person to the vacant office for the remainder of that member’s term of office. Schedule 2Meetings of Authority

Section 6(4)

1.   Convening of meetings The chairperson – (a) may convene a meeting of the Authority at any time; and (b) is to convene a meeting if requested in writing by 2 other members or if so directed by the Minister. 2.   Procedure at meetings (1)The quorum at any meeting of the Authority is 3 members. (2)Any meeting of the Authority at which a quorum is present is competent to transact any business of the Authority. (3)A question arising at a meeting of the Authority is to be determined by a majority of votes of the members present and voting. (4)A telephone or video conference between members is a meeting of the Authority at which the members participating in the conference are present. 3.   Chairperson (1)The chairperson of the Authority is to preside at all meetings of the Authority. (2)If the chairperson of the Authority is not present at a meeting of the Authority, a member elected by the members present is to preside at that meeting. 4.   Minutes The Authority is to cause full and accurate minutes to be kept of its proceedings at meetings. 5.   General procedure Subject to this Schedule, the procedure for the calling of, and for the conduct of business at, meetings of the Authority is to be determined by the Authority. 6.   Validity of proceedings (1)An act or proceeding of the Authority or of a person acting under the direction of the Authority is not invalid because when the act or proceeding was done, taken or commenced there was a vacancy in the membership of the Authority. (2)An act or proceeding of the Authority or of a person acting under the direction of the Authority is valid even if – (a) the appointment of a member was defective; or (b) a person appointed as a member was disqualified from acting as, or incapable of being, a member. 7.   Presumptions In any proceedings by or against the Authority, unless evidence is given to the contrary, proof is not required of – (a) the constitution of the Authority; or (b) any resolution of the Authority; or (c) the appointment of any member; or (d) the presence of a quorum at any meeting of the Authority. 8.   Disclosure of interest (1)A member or deputy member of the Authority who is aware that he or she has a pecuniary interest, otherwise than in common with the member’s sector of the dairy industry, in a matter under consideration by the Authority – (a) must disclose the nature of the interest to the Authority; and (b) unless the Authority otherwise determines, must not take part in any deliberations or decisions of the Authority in relation to that matter.

Penalty:  Fine not exceeding 50 penalty units.

(2)A member who makes a disclosure under subclause (1)(a) is not to take part in the making of a determination for the purpose of subclause (1)(b) . (3)A disclosure under this clause is to be recorded in the minutes of the Authority.

[Second reading presentation speech made in:

House of Assembly on 11 APRIL 2000

Legislative Council on 23 MAY 2000]