Marketing of Primary Products Amendment Act 1995 (NSW)
New South Wales
Marketing of Primary Products
Amendment Act 1995 No 42
Contents
Page
1 Name of Act 2 2 Commencement 2 3 Amendment of Marketing of Primary Products Act 1983 No 176 2 4 Repeal of Wine Grape Processing Industry Act 1979 No 87 2 Schedule 1 Amendments 3 New South Wales
Marketing of Primary Products
Amendment Act 1995 No 42
Act No 42, 1995
An Act to amend the Marketing of Primary Products Act 1983 with respect to the Murray Valley wine grape processing industry; and to repeal the Wine Grape Processing Industry Act 1979. [Assented to 26 October 1995]
| Section 1 | Marketing of Primary Products Amendment Act 1995 No 42 |
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Marketing of Primary Products Amendment Act
1995.
2 Commencement
This Act commences on a day to be appointed by proclamation.
3 Amendment of Marketing of Primary Products Act 1983 No 176
The Marketing of Primary Products Act 1983 is amended as set out in Schedule 1.
4 Repeal of Wine Grape Processing Industry Act 1979 No 87
The Wine Grape Processing Industry Act 1979 is repealed.
Marketing of Primary Products Amendment Act 1995 No 42
Amendments Schedule 1 Schedule 1 Amendments
(Section 3)
[1] Part 5, Division 6
Insert after Division 5 of Part 5:
Division 6 Special provisions relating to wine grape
marketing orders102A Definitions
In this Division:
NSW production area means the area constituted bythe local government areas of Wentworth, Balranald and Wakool.
Victorian production area means the area in Victoria constituted by the Cities of Mildura and Swan Hill and the Shires of Mildura, Swan Hill and Kerang.
102B Making of marketing order
(1) The Minister may, for the purposes of this Division, make a marketing order that deals with any or all of the following matters: the establishment of a Murray Valley Wine Grape Processing Industry Negotiating Committee, the membership of the Committee and the appointment of members,
the establishment of the Committee as an interstate committee, if a similar body having similar functions has been established under Victorian legislation for the Victorian production area,
Victorian production area, enabling the Committee established under Victorian legislation for the if a similar body having similar functions has been to exercise any functions conferred on it by or
under the Victorian legislation,
Marketing of Primary Products Amendment Act 1995 No 42
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the establishment of the Committee as a committee having functions that relate solely to the NSW production area, if such a body has not been established in Victoria,
enabling the Committee to recommend prices to be paid by processors or wineries to producers for wine grapes grown in the NSW production area based on analysis of the commodity outlook for the wine industry as prepared by the Committee and to fix minimum terms of payment for wine grapes grown in the NSW production area (including times for payment and interest penalties for late payments),
empowering the Committee to liaise and meet
with any other bodies that have similar purposes,
the procedure of the Committee,
the financial year of the Committee,
the funding of the Committee by wine grape
producers and wine grape processors or wineries
and other bodies involved in the industry,
any matter that may be included in the order under
a provision of Divisions 2–4 except a provisionreferred to in section 102D (1),
making provision for or with respect to all acts, matters and things that are necessary or expedient to be done in connection with any of the matters specified in paragraphs (a)-(i).
(2) The marketing order is to state the period, not exceeding
3 years, for which it is to be in force.
102C Prohibition on making of further marketing orders
The Minister must not make a further marketing order (whether or not for the purposes of this Division) that deals with any of the matters referred to in section 102B after the first such order has been made for the purposes of this Division.
Marketing of Primary Products Amendment Act 1995 No 42
Amendments Schedule 1 102D Application of other provisions to marketing orders made for the purposes of this Division
(1) A marketing order made for the purposes of this Division is taken to be a marketing order made under this Part. However, sections 77–82, 85, 86, 91 (2) and (3) and 93 do not apply to a marketing order made for the purposes of this Division. (2) In the application of the other provisions of this Part to a marketing order made for the purposes of this Division:
(a) wine grapes grown in the NSW production area are taken to be a commodity, and (b) a reference in those provisions to the relevant committee is to be read as a reference to the committee established under the marketing order.
[2] Schedule 4 Savings, transitional and other provisions
Insert before clause 1:
Part 1 Preliminary 1A Savings and transitional regulations
(1)
The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:
Marketing of Primary Products Amendment Act 1995 (2)
Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or from a later date.
(3)
To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:
(a)
to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or
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(b)
to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
Part 2 Provisions consequent on enactment of this
Act[3] Schedule 4
Omit “Schedule” from clause 1 . Insert instead “Part”.
[4] Schedule 4
Omit clause 9. Insert instead:
Part 3 Provisions consequent on enactment of
Marketing of Primary Products Amendment
Act 19959 Definition
In this Part, the 1979 Act means the Wine Grape
Processing Industry Act 1979.
10 Determinations of Wine Grape Processing Industry
Negotiating Committees
(1)
The last determination of a Negotiating Committee or a Joint Negotiating Committee made or deemed to have been made under section 14 of the 1979 Act before its repeal continues in force until a recommendation is made under a marketing order made for the purposes of Division 6 of Part 5 as to the prices to be paid by processors or wineries for wine grapes.
(2)
The provisions of the 1979 Act relating to the effect and enforcement of determinations under section 14 of that Act continue in force during the period for which any such determination is continued in force by subclause (1) as if the 1979 Act had not been repealed.
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Amendments Schedule 1
(3)
In this clause, determination means a determination as to the minimum prices to be paid by processors (within the meaning of the 1979 Act) for wine grapes.
11 Wine Grape Processing Industry Negotiating Committees
under repealed Act
(1)
A Negotiating Committee or a Joint Negotiating Committee constituted under the 1979 Act and in existence immediately before the repeal of that Act is dissolved on that repeal.
(2)
A person who held office as a member of such a Committee immediately before the repeal of the 1979 Act ceases to hold office on that repeal.
(3)
A person who so ceases to hold office is not entitled to any remuneration or compensation because of the loss of that office.
12 Wine Grape Processing Industry Arbitrator and
inspectors under repealed Act
(1)
A person holding office as an Arbitrator or inspector within the meaning of the 1979 Act immediately before the repeal of that Act ceases to hold office on that repeal.
(2)
A person who so ceases to hold office is not entitled to any remuneration or compensation because of the loss of that office.
13 Wine Grape Processing Industry Negotiating Committee
under this Act
(1)
A Negotiating Committee established under a marketing order made for the purposes of Division 6 of Part 5 and in existence immediately before the order ceases to have effect or is revoked is dissolved when the order ceases to have effect or is revoked.
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[Minister’s second reading speech made in—
Legislative Assembly on 20 September 1995
Legislative Council on 18 October 1995]
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