Dairy Legislation (Transitional Provisions and Consequential Amendments) Act 1986 (Cth)

Dairy Legislation (Transitional Provisions and Consequential Amendments) Act 1986

Act No. 59 of 1986 as amended

This compilation was prepared on 20 November 2009

taking into account amendments up to Act No. 111 of 2009

The text of any of those amendments not in force

on that date is appended in the Notes section

The operation of amendments that have been incorporated may be

affected by application provisions that are set out in the Notes section

Prepared by the Office of Legislative Drafting and Publishing,

Attorney‑General’s Department, Canberra

      

Contents

An Act to make provision consequent upon the enactment of the Dairy Produce Act 1986 and other related legislation, and for related purposes

Part 1Preliminary1Short title [see Note 1]

This Act may be cited as the Dairy Legislation (Transitional Provisions and Consequential Amendments) Act 1986.

2Commencement [see Note 1]

1. (1)

   Sections 1, 2, 5, 9, 10 and 28 shall come into operation on the day on which this Act receives the Royal Assent.

2. (2)

   The amendment made by section 10 shall be deemed to have taken effect on 1 July 1978.

3. (3)

   The remaining provisions of this Act shall come into operation on the day on which the provisions of Part VI of the Dairy Produce Act 1986 come into operation.

3Interpretation

In this Act, unless the contrary intention appears:

Dairying Industry Stabilization Fund means the fund of that name established in the accounts of the Australian Dairy Corporation.

Industry Fund has the same meaning as that term has for the purposes of the Dairy Produce Act 1986.

Promotion Fund has the same meaning as that term has for the purposes of the Dairy Produce Act 1986.

new Promotion Fund means the Dairy Produce Sales Promotion Fund established by section 89 of the Dairy Produce Act 1986.

old Promotion Fund means the Dairy Produce Sales Promotion Fund established by section 18 of the Dairy Produce Sales Promotion Act 1958.

4Repeal of Acts

1. (1)

   The Acts set out in the Schedule are repealed.

2. (2)

   Notwithstanding the repeal of the Dairy Produce Act 1924, the provisions of that Act continue in force thereafter to the extent necessary to enable the Australian Dairy Corporation to continue to administer a pool in respect of a dairy product of a particular kind, being a pool that has been established under section 20AB of that Act in respect of a production period ending before 1 July 1986.

3. (3)

   For the purposes of the provisions of the Dairy Produce Act 1924 as continued in force in accordance with subsection (2), the separate accounts in the money of the Corporation that, immediately before 1 July 1986, each constituted a pool established under section 20AB of the Dairy Produce Act 1924 shall continue to be so maintained in the money of the Corporation on and after that day until they are finally distributed in accordance with that section as so continued in force.

4. (4)

   Notwithstanding the repeal of the Dairy Produce Act 1924, section 29 of that Act continues to apply in relation to the preparation of an annual report of the Corporation in respect of its operations under that Act during the year ended on 30 June 1986 together with financial statements in respect of that year as if that section had not been repealed.

Part IIAmendments of the Dairy Industry Stabilization Act 1977  5Principal Act

The Dairy Industry Stabilization Act 1977 is in this Part referred to as the Principal Act.

6Interpretation

Section 4 of the Principal Act is amended:

1. (a)

   by inserting in subsection (5) “commencing before 1 July 1986” after “each subsequent period of 12 months”;

2. (b)

   by omitting from subsection (7) “after consultation with the Advisory Committee”; and

3. (c)

   by adding at the end the following subsection:

   “(9) References in this Act to provisions of the Dairy Produce Act 1924 shall be read, on and after 1 July 1986, as if they were references to those provisions as continued in force in accordance with section 4 of the Dairy Legislation (Transitional Provisions and Consequential Amendments) Act 1986.”.

7Rates of stabilization payments

Section 13 of the Principal Act is amended by omitting from paragraph (3)(e) “after consultation with the Advisory Committee”.

8Corporation may make certain payments from Fund

Section 17 of the Principal Act is amended by omitting “after consultation with the Advisory Committee and”.

Part IIIAmendment of, and Transitional Provisions relating to, the Dairy Produce Act 1924  9Principal Act

The Dairy Produce Act 1924 is in this Part referred to as the Principal Act.

10Pools for returns on export sales of dairy products

Section 20AB of the Principal Act is amended by omitting “(12)” from subsection (11) and substituting “(12A)”.

11Continuation of appointments to Corporation

1. (1)

   A person who, immediately before the repeal of the Dairy Produce Act 1924, held office under the Dairy Produce Act 1924 as the Chairman or Deputy Chairman of the Corporation holds office, on and after that repeal, as Chairperson, or as the deputy of the Chairperson, respectively, of the Corporation subject to subsection (4) and to the Dairy Produce Act 1986.

2. (2)

   A person who, immediately before the repeal of the Dairy Produce Act 1924, held office under the Dairy Produce Act 1924 as a member of the Corporation holds office, on and after that repeal, as an appointed member of the Corporation subject to subsection (4) and to the Dairy Produce Act 1986.

3. (3)

   A person who, immediately before the repeal of the Dairy Produce Act 1924, held office under the Dairy Produce Act 1924 as a member referred to in paragraph 5(1)(e) of that Act or as the deputy of that member holds office, on and after that repeal, as the government member, or as the deputy of the government member, respectively, of the Corporation subject to subsection (4) and to the Dairy Produce Act 1986.

4. (4)

   Members of the Corporation who hold office by virtue of subsection (1), (2) or (3) hold that office during the pleasure of the Minister.

12Terms and conditions

1. (1)

   The terms and conditions on which a person holding office under section 11 as Chairperson, deputy of the Chairperson or other member holds that office (not being terms and conditions in relation to matters expressly provided for by the Dairy Produce Act 1986) are:

   1. (a)

      in relation to matters in respect of which terms and conditions have not been determined under subsection 33(11) of the Dairy Produce Act 1986 in relation to that person—the terms and conditions in relation to those matters on which that person held office as Chairman, Deputy Chairman or other member of the Corporation immediately before the repeal of the Dairy Produce Act 1924; or

   2. (b)

      in relation to matters in respect of which terms and conditions have been determined under subsection 33(11) of the Dairy Produce Act 1986 in relation to the person‑those terms and conditions.

2. (2)

   The terms and conditions determined under subsection 33(11) of the Dairy Produce Act 1986 shall not be less favourable to a person than the terms and conditions on which the person held office as Chairman, Deputy Chairman or other member of the Corporation immediately before the repeal of the Dairy Produce Act 1924.

3. (3)

   Without limiting, by implication, the operation of subsection (1) or (2) in any other respect, the person who, immediately before the repeal of the Dairy Produce Act 1924, was the Chairman of the Corporation, shall, while he holds office, on and after that repeal, as the Chairperson of the Corporation pursuant to section 11, notwithstanding subsection 33(4) of the Dairy Produce Act 1986, hold that office on a full‑time basis and any terms and conditions of his employment that are determined under subsection 33(11) of that Act, any remuneration that is determined under section 36 of that Act or any allowance that is prescribed under section 36 of that Act, shall be determined or prescribed accordingly.

4. (4)

   The terms and conditions of employment of a person who, immediately before the repeal of the Dairy Produce Act 1924, was employed by the Corporation and who continues to be so employed on that repeal shall not be less favourable than the terms and conditions of employment of the person immediately before that repeal.

5. (5)

   The remuneration and allowances payable to a person:

   1. (a)

      while that person holds office under section 11; or

   2. (b)

      if the person is an employee of the Corporation—while the person is so employed;

   shall not be less than the remuneration and allowances that the person would have been paid if neither this Act nor the Dairy Produce Act 1986 had not been passed.

13Disclosure of interests

A disclosure made under section 12 of the Principal Act shall, for the purposes of the Dairy Produce Act 1986, be taken to have been made under section 35 of that Act.

14Export licences

1. (1)

   Notwithstanding the repeal of the Dairy Produce Act 1924, a licence granted under regulations made for the purposes of subsection 14(1) of that Act has effect until, but only until, 30 September 1986, as if it had been granted under Part V of the Dairy Produce Act 1986.

2. (2)

   Nothing in this section shall be taken to imply that a licence referred to in subsection (1) may not, in accordance with the provisions of Part V of the Dairy Produce Act 1986, be cancelled or suspended before 30 September 1986.

15Approved banks

Where, immediately before the repeal of the Dairy Produce Act 1924, an approval of a bank as an approved bank for the purposes of the Dairy Produce Act 1924 was in force, the approval shall be deemed to be an approval given under the Dairy Produce Act 1986.

17Accounts of the Corporation

Any account of the Corporation, being an account that was opened under section 22 of the Dairy Produce Act 1924, shall be treated, on and after the repeal of that Act, as if it had been opened under section 73 of the Dairy Produce Act 1986.

18Approval to continue in force

An approval of a borrowing, or of borrowings included in a class of borrowings, given by the Treasurer for the purposes of subsection 23(2) of the Dairy Produce Act 1924 has effect, on and after the repeal of that Act, as if it were an approval of that borrowing, or of borrowings included in that class of borrowings, for the purposes of subsection 75(1) of the Dairy Produce Act 1986.

19Investments of the Corporation

An investment of the money of the Corporation, not being an investment made for the purpose of the Dairying Industry Stabilization Fund, shall be treated, for the purposes of the Dairy Produce Act 1986, as if it were an investment duly made under subsection 74(2) of that Act.

20Approved investments

Where, immediately before the repeal of the Dairy Produce Act 1924, an approval under paragraph 24(2)(c) of that Act is in force, the approval shall be deemed to have been given under subparagraph 74(2)(a)(iv) of the Dairy Produce Act 1986.

21Returns

For the purpose of the continued operation, by virtue of section 8 of the Acts Interpretation Act 1901, of section 26 of the Dairy Produce Act 1924, the maximum penalty that may be imposed by a court for an offence against that section is:

1. (a)

   in the case of a natural person—a fine of $1,000 or imprisonment for 6 months, or both; or

2. (b)

   in the case of a body corporate—a fine of $5,000.

22Guarantees

The repeal of the Dairy Produce Act 1924 does not affect the continued operation of a guarantee given under paragraph 23(1)(b) of that Act and proceedings on such a guarantee may be commenced, continued and completed as if this Act had not been passed.

23The Dairying Industry Stabilization Fund

1. (1)

   The money of the Corporation that is treated in the accounts of the Corporation as money standing to the credit of the Dairying Industry Stabilization Fund immediately before the commencement of this section shall be deemed to have been credited, on that day, to the Industry Fund.

2. (2)

   An investment of the Corporation that was held by the Corporation for the purposes of the Dairying Industry Stabilization Fund immediately before the commencement of this section shall be taken to be held by the Corporation, on and after that day, for the purposes of the Industry Fund.

3. (3)

   The Corporation shall cause to be taken such steps, if any, as are necessary to effect the withdrawal of the money referred to in subsection (1) from the account or accounts of the Dairying Industry Stabilization Fund and the payment of that money to the account of the Industry Fund.

24Outstanding debits and credits of Dairying Industry Stabilization Fund

1. (1)

   An amount that would, if the Dairying Industry Stabilization Fund had continued to be maintained after the commencement of this section, have been paid out of that Fund shall, not later than 3 months after it would, in the opinion of the Corporation, have been so paid, be paid out of the Industry Fund and for that purpose, shall be treated as an expenditure authorised by section 88 of the Dairy Produce Act 1986.

2. (2)

   An amount that would, if the Dairying Industry Stabilization Fund had continued to be maintained after the commencement of this section, have been paid into that Fund shall, not later than 3 months after it would, in the opinion of the Corporation, have been so paid, be paid into the Industry Fund.

Part IVTransitional Provisions relating to the Dairy Produce Sales Promotion Act 1958  25Winding‑up of Dairy Produce Sales Promotion Fund

1. (1)

   The old Promotion Fund shall be taken, with effect from the commencement of this section, to have been wound‑up.

2. (2)

   Amounts standing to the credit of the old Promotion Fund immediately before the day of commencement of this section shall be deemed to have been credited, on that day, to the new Promotion Fund.

3. (3)

   An investment that was held by the Corporation for the purposes of the old Promotion Fund immediately before the day of commencement of this section shall be taken to be held by the Corporation, on and after that day, for the purposes of the new Promotion Fund.

4. (4)

   The Corporation shall cause to be taken such steps, if any, as are necessary to effect the withdrawal of the money referred to in subsection (2) from the account or accounts of the old Promotion Fund and the payment of that money to the account of the new Promotion Fund.

27Persons appointed as advisers under Principal Act

Where a person has been appointed by the Corporation under section 21 of the Dairy Produce Sales Promotion Act 1958 to advise the Corporation in relation to any purpose for which money may be expended from the old Promotion Fund the appointment of that person shall have effect, on and after the repeal of that Act as an appointment to advise the Corporation in relation to any purpose for which money may be expended from the new Promotion Fund.

Part VAmendments of the Rural Industries Research Act 1985  28Principal Act

The Rural Industries Research Act 1985 is in this Part referred to as the Principal Act.

29Schedule 1

Schedule 1 to the Principal Act is amended:

1. (a)

   by inserting in Column 1 of Part II of the Schedule, below the item relating to levy imposed by section 10 of the Dairying Industry Research and Promotion Levy Act 1972:

   “Levy imposed by section 5 of the Dairy Produce Levy (No. 1) Act 1986”; and

2. (b)

   by inserting in Column 2 of Part II of the Schedule, opposite the item inserted by paragraph (a):

   “So much of levy referred to in Column 1 as is received by virtue of subsection 7(4) of the Dairy Produce Levy (No. 1) Act 1986”.

Part VIOperation of Rural Industries Research Regulations  30Operation of Rural Industries Research Regulations

The Rural Industries Research Regulations, being Statutory Rules 1986 No. 2, as amended, shall have effect after the commencement of this section as if “levy imposed by section 5 of the Dairy Produce Levy (No. 1) Act 1986” were inserted in Column 2 of item 1 of Schedule 2 of those regulations after “levy imposed by section 10 of the Dairying Industry Research and Promotion Levy Act 1972”, and the Dairying Research Trust Fund established by virtue of the making of those regulations shall be deemed, with effect from the commencement of this section, to have been established also in relation to the levy imposed by section 5 of the Dairy Produce Levy (No. 1) Act 1986.

Schedule

Section 4

Dairy Industry Assistance Act 1977

Dairy Industry Assistance Levy Act 1977

Dairy Produce Export Control Act 1924

Dairy Produce Export Control Act 1935

Dairy Produce Export Control Act 1936

Dairy Produce Export Control Act 1937

Dairy Produce Export Control Act 1938

Dairy Produce Export Control Act 1942

Dairy Produce Export Control Act 1947

Dairy Produce Export Control Act 1953

Dairy Produce Export Control Act 1954

Dairy Produce Export Control Act 1958

Dairy Produce Export Control Act 1962

Dairy Produce Export Control Act 1963

Dairy Produce Export Control Act 1965

Dairy Produce Export Control Act 1972

Dairy Produce Act 1975

Dairy Produce Amendment Act 1977

Dairy Produce Amendment Act 1978

Dairy Produce Market Support Levy Act 1985

Dairy Produce Research and Sales Promotion Act 1958

Dairy Produce Research and Sales Promotion Act 1963

Dairy Produce Research and Sales Promotion Act 1964

Dairy Produce Research and Sales Promotion Act 1965

Dairy Produce Sales Promotion Act 1972

Dairy Produce Sales Promotion Act 1975

Dairy Produce Sales Promotion Amendment Act 1979

Dairying Industry Act 1962

Dairying Industry Act 1970.

Notes to theDairy Legislation (Transitional Provisions and Consequential Amendments) Act 1986

Note 1

The Dairy Legislation (Transitional Provisions and Consequential Amendments) Act 1986 as shown in this compilation comprises Act No. 59, 1986 amended as indicated in the Tables below.

Table of Acts

Act	Number and year	Date of Assent	Date of commencement	Application, saving or transitional provisions
Dairy Legislation (Transitional Provisions and Consequential Amendments) Act 1986	59, 1986	24 June 1986	Ss. 1, 2, 5, 9, 10 and 28: Royal Assent (see s. 2) Remainder: 1 July 1986 (see s. 2 (3))
Statute Stocktake (Regulatory and Other Laws) Act 2009	111, 2009	16 Nov 2009	Schedule 1 (items 12, 13): 17 Nov 2009	—

Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
Part III
S. 16.....................................	rep. No. 111, 2009
Part IV
S. 26.....................................	rep. No. 111, 2009