Meat and Live-stock Industry Legislation Repeal Act 1995
No. 69 of 1995
CONTENTS
Section
1. Short title
2. Commencement
3. Repeal
4. Definitions
5. Pending applications for export licences
6. Past refusals of applications for export licences
7. Existing export licences
8. Existing orders
9. Existing directions
10. Pending applications for renewal of export licences
11. Past decisions refusing extension of time to apply for renewal of export licences
12. Existing notices to licence holders
13. Existing determinations not to renew export licences
14. Past decisions on export quotas
15. Existing registers
16. Pending applications for inclusion on register
CONTENTS—continued
Section
17. Past refusals of applications for inclusion on register
18. Existing notices requiring returns
19. Existing notices proposing removal from register
20. Past removals of entries from register
21. Existing warrants
22. Past seizures
23. Existing appointments of nominees
24. Existing appointments of analysts
25. Existing Ministerial directions
26. Existing members of AMLC
27. Existing Acting Managing Director of AMLC
28. Existing officers and employees of AMLC
29. Existing members of MRC
30. Existing Acting Executive Director of MRC
31. Existing members of staff of MRC
32. Equal employment opportunity program
33. Existing authorised officers
34. Annual reports
35. Payments to AMLC in respect of levies or charges for transactions or other dealings before commencement day
36. Payments to MRC in respect of levies or charges for transactions or other dealings before commencement day
37. Payments to Rural Industries Research and Development Corporation in respect of certain levies or charges for transactions or other dealings before commencement day
38. Application of amounts of cattle transaction levy paid under the Cattle Transaction Levy Act 1990
39. Application of amounts of National Residue Survey Levy paid under National Residue Survey (Cattle Transactions) Levy Act 1992
Meat and Live-stock Industry Legislation Repeal Act 1995
No. 69 of 1995
An Act to repeal certain legislation relating to the Australian meat and live-stock industry, and for related purposes
[Assented to 30 June 1995]
The Parliament of Australia enacts:
Short title
1. This Act may be cited as the Meat and Live-stock Industry Legislation Repeal Act 1995.
Commencement
2. This Act commences, or is taken to have commenced, on 1 July 1995.
Repeal
3.(1) The following Acts are repealed:
Australian Meat and Live-stock Corporation Act 1977;
Australian Meat and Live-stock Industry Policy Council Act 1984;
Australian Meat and Live-stock Industry Selection Committee Act 1984;
Cattle Transaction Levy Act 1990;
Meat Research Corporation Act 1985;
National Residue Survey (Cattle Transactions) Levy Act 1992.
(2) The following provisions of this Act have effect despite the repeal of the Acts referred to in subsection (1).
Definitions
4. In this Act:
"AMLC" means:
(a) in relation to a time before the commencement day—the Australian Meat and Live-stock Corporation that was established by section 6 of the Australian Meat and Live-stock Corporation Act 1977; or
(b) in relation to a time on or after that day—the Australian Meat and Live-stock Corporation so established as continued in existence by section 53 of the Meat and Live-stock Industry Act 1995;
"commencement day" means the day on which this Act commences;
"export licence" means a meat export licence or a live-stock export licence;
"MRC" means:
(a) in relation to a time before the commencement day—the Meat Research Corporation that was established by section 4 of the Meat Research Corporation Act 1985; or
(b) in relation to a time on or after that day—the Meat Research Corporation so established as continued in existence by section 166 of the Meat and Live-stock Industry Act 1995.
Pending applications for export licences
5.(1) An application for an export licence that was duly made before the commencement day under subsection 16C(1) of the Australian Meat and Live-stock Corporation Act 1977 but had not been determined by AMLC before that day is taken to be an application for an export licence duly made under subsection 62(1) of the Meat and Live-stock Industry Act 1995.
(2) The payment in full before the commencement day of the fee that was payable in respect of such an application under subsection 16C(1 A) of the Australian Meat and Live-stock Corporation Act 1977 is taken to be payment in full of the fee payable under subsection 62(2) of the Meat and Live-stock Industry Act 1995.
Past refusals of applications for export licences
6.(1) If, before the commencement day, AMLC refused, under Division 2 of Part II of the Australian Meat and Live-stock Corporation Act 1977, an application for an export licence made under subsection 16C(1) of that Act:
(a) the application is taken to have been made under subsection 62(1) of the Meat and Live-stock Industry Act 1995; and
(b) the decision by AMLC refusing the application is taken to have been duly made under Subdivision B of Division 2 of Part 3 of the Meat and Live-stock Industry Act 1995.
(2) However, the period within which an application may be made to the Administrative Appeals Tribunal for review of the decision is to be calculated from the time when the decision was made.
(3) If an application to the Administrative Appeals Tribunal duly made under subsection 16E(2) of the Australian Meat and Live-stock Corporation Act 1977 for review of the decision was pending immediately before the commencement day, the application for review is taken to have been duly made under subsection 65(1) of the Meat and Live-stock Industry Act 1995, and the Tribunal is to continue to deal with it accordingly.
Existing export licences
7.(1) An export licence that was in force under subsection 16B(1) of the Australian Meat and Live-stock Corporation Act 1977 immediately before the commencement day (including an export licence that would have been in force if it had not been suspended under section 16R or 16S of that Act) continues in force (subject to any suspension) as if it had been granted under subsection 61(1) of the Meat and Live-stock Industry Act 1995 and is subject to the conditions to which it would be subject if it had actually been granted under the last-mentioned subsection.
(2) An export licence to which subsection (1) applies remains in force for the period for which it would have remained in force if this Act and the Meat and Live-stock Industry Act 1995 had not been enacted, but the licence may be renewed under section 73 of the Meat and Live-stock Industry Act 1995.
(3) If an export licence to which subsection (1) applies was, immediately before the commencement day, suspended under section 16R or 16S of the Australian Meat and Live-stock Corporation Act 1977, the suspension continues according to its terms as if it had been imposed under section 74 or 75, as the case may be, of the Meat and Live-stock Industry Act 1995.
(4) However, the period within which an application may be made to the Administrative Appeals Tribunal for review of the decision suspending the licence is to be calculated from the time when the decision was made.
(5) If an application to the Administrative Appeals Tribunal duly made under subsection 16R(10) or 16S(4) of the Australian Meat and Live-stock Corporation Act 1977 for review of a decision suspending an export licence was pending immediately before the commencement day, the application for review is taken to have been duly made under subsection 74(7) or 75(4), as the case may be, of the Meat and Live-stock Industry Act 1995, and the Tribunal is to continue to deal with it accordingly.
Existing orders
8. Any order made by AMLC under section 16H or 16L of the Australian Meat and Live-stock Corporation Act 1977 and in force immediately before the commencement day continues in force as if it had been made under section 68 or 69, as the case may be, of the Meat and Live-stock Industry Act 1995.
Existing directions
9. Any direction issued by AMLC under section 16H of the Australian Meat and Live-stock Corporation Act 1977 and in force immediately before the commencement day continues in force as if it had been given under section 68 of the Meat and Live-stock Industry Act 1995.
Pending applications for renewal of export licences
10.(1) An application for renewal of an export licence that was duly made before the commencement day under subsection 16Q(1) of the Australian Meat and Live-stock Corporation Act 1977 but had not been determined by AMLC before that day is taken to be an application for renewal of an existing export licence duly made under subsection 73(1) of the Meat and Live-stock Industry Act 1995.
(2) The payment in full before the commencement day of the fee that was payable in respect of such an application under subsection 16Q(3A) of the Australian Meat and Live-stock Corporation Act 1977 is taken to be payment in full of the fee payable under subsection 73(4) of the Meat and Live-stock Industry Act 1995.
(3) Subsection 73(2) of the Meat and Live-stock Industry Act 1995 applies in respect of an export licence granted under subsection 16J3(1) of the Australian Meat and Live-stock Corporation Act 1977 that expired before the commencement day as if the licence had not expired before that day and subsection 7(1) of this Act applied to it.
Past decisions refusing extension of time to apply for renewal of export licences
11.(1) Any decision made before the commencement day by AMLC under subsection 16Q(2) of the Australian Meat and Live-stock Corporation Act 1977 refusing an extension of time for making an application for renewal of an export licence is taken to have been made under subsection 73(2) of the Meat and Live-stock Industry Act 1995.
(2) However, the period within which an application may be made to the Administrative Appeals Tribunal for review of such a decision is to be calculated from the time when the decision was made.
(3) If an application to the Administrative Appeals Tribunal duly made under subsection 16Q(8) of the Australian Meat and Live-stock Corporation Act 1977 for review of a decision of AMLC for the purposes of subsection 16Q(2) of that Act was pending immediately before the commencement day, the application for review is taken to have been duly made under subsection 74(7) of the Meat and Live-stock Industry Act 1995, and the Tribunal is to continue to deal with it accordingly.
Existing notices to licence holders
12. If a notice in respect of an export licence was served under section 16R of the Australian Meat and Live-stock Corporation Act 1977 before the commencement day but AMLC had not taken any action before that day under section 16S of that Act in relation to the licence, the notice is taken to have been duly given under section 74 of the Meat and Live-stock Industry Act 1995.
Existing determinations not to renew export licences
13. Any determination made under paragraph 16S(1)(d) of the Australian Meat and Live-stock Corporation Act 1977 and in force immediately before the commencement day continues in force as if it had been made under paragraph 75(1)(d) of the Meat and Live-stock Industry Act 1995.
Past decisions on export quotas
14.(1) Any decision in relation to a quota that was made by AMLC before the commencement day under section 16X of the Australian Meat
and Live-stock Corporation Act 1977 and was in force immediately before that day is taken to be a decision of AMLC duly made under section 81 of the Meat and Live-stock Industry Act 1995.
(2) However, the period within which an application may be made to the Administrative Appeals Tribunal for review of such a decision is to be calculated from the time when the decision was made.
(3) If an application to the Administrative Appeals Tribunal duly made under section 16Z of the Australian Meat and Live-stock Corporation Act 1977 for review of such a decision was pending immediately before the commencement day, the application for review is taken to have been duly made under section 83 of the Meat and Live-stock Industry Act 1995, and the Tribunal is to continue to deal with it accordingly.
Existing registers
15. Any register maintained immediately before the commencement day by AMLC under a provision of section 30J of the Australian Meat and Live-stock Corporation Act 1977 continues in existence and is taken to be the register kept by AMLC under the corresponding provision of Subdivision D of Division 2 of Part 3 of the Meat and Live-stock Industry Act 1995.
Pending applications for inclusion on register
16. Any application that was duly made before the commencement day under subsection 30J(5) of the Australian Meat and Live-stock Corporation Act 1977 for an entry in relation to a person to be made on a register established under section 30J of that Act but had not been determined by AMLC before that day is taken to be an application duly made under section 89 of the Meat and Live-stock Industry Act 1995.
Past refusals of applications for inclusion on register
17.(1) Any decision made by AMLC before the commencement day under paragraph 30J(7)(b) of the Australian Meat and Live-stock Corporation Act 1977 refusing an application for the making of an entry in relation to a person on a register established under section 30J of that Act is taken to be a decision refusing an application for the entry of the person's name on the register made by AMLC under paragraph 90(1)(b) of the Meat and Live-stock Industry Act 1995.
(2) However, the period within which an application may be made to the Administrative Appeals Tribunal for review of such a decision is to be calculated from the time when the decision was made.
(3) If an application to the Administrative Appeals Tribunal duly made under paragraph 46A(1)(a) of the Australian Meat and Live-stock Corporation Act 1977 for review of such a decision was pending
immediately before the commencement day, the application for review is taken to have been duly made under paragraph 95(1)(a) of the Meat and Live-stock Industry Act 1995, and the Tribunal is to continue to deal with it accordingly.
Existing notices requiring returns
18. If:
(a) a notice was given under subsection 30J(9) of the Australian Meat and Live-stock Corporation Act 1977 requiring a person to furnish a return to AMLC; and
(b) the return was not furnished as required by the notice before the commencement day or did not contain the required information; and
(c) AMLC had not taken any action in respect of the matter as mentioned in subsection 30J(10), (11) or (11A) of that Act;
the notice is taken to have been duly given by AMLC under section 91 of the Meat and Live-stock Industry Act 1995.
Existing notices proposing removal from register
19. If a notice was given by AMLC before the commencement day under subsection 30K(1) of the Australian Meat and Live-stock Corporation Act 1977 and AMLC has not taken any action under subsection 30K(2) of that Act before that day in respect of the entry to which the notice relates, the notice is taken to have been duly given under section 92 of the Meat and Live-stock Industry Act 1995.
Past removals of entries from register
20.(1) Any decision of AMLC made before the commencement day under subsection 30K(2) of the Australian Meat and Live-stock Corporation Act 1977 removing an entry in relation to a person from a register established under section 30J of that Act is taken to be a decision removing the entry from the register duly made by AMLC under subsection 92(2) of the Meat and Live-stock Industry Act 1995.
(2) However, the period within which an application may be made to the Administrative Appeals Tribunal for review of such a decision is to be calculated from the time when the decision was made.
(3) If an application to the Administrative Appeals Tribunal duly made under paragraph 46A(1)(b) of the Australian Meat and Live-stock Corporation Act 1977 for review of such a decision was pending immediately before the commencement day, the application for review is
taken to have been duly made under paragraph 95(1)(b) of the Meat and Live-stock Industry Act 1995, and the Tribunal is to continue to deal with it accordingly.
Existing warrants
21. Any warrant in force immediately before the commencement day under subsection 47(6) of the Australian Meat and Live-stock Corporation Act 1977 has effect according to its terms as if it were issued under section 138 of the Meat and Live-stock Industry Act 1995.
Past seizures
22. Section 47A of the Australian Meat and Live-stock Corporation Act 1977 continues to apply in relation to anything seized under that section before the commencement day.
Existing appointments of nominees
23. An appointment of an individual as the nominee of the holder of an export licence that was duly made under subsection 47H(2) of the Australian Meat and Live-stock Corporation Act 1977 and was in force immediately before the commencement day continues in force as if it had been duly made under subsection 153(2) of the Meat and Live-stock Industry Act 1995.
Existing appointments of analysts
24. An appointment duly made under subsection 47J(1) of the Australian Meat and Live-stock Corporation Act 1977 of a person as an analyst for the purposes of that Act that was in force immediately before the commencement day continues in force as if it had been duly made under subsection 154(1) of the Meat and Live-stock Industry Act 1995.
Existing Ministerial directions
25. Any direction duly given by the Minister to AMLC under section 30UA of the Australian Meat and Live-stock Corporation Act 1977 that was in force immediately before the commencement day continues in force as if it had been duly given under section 221 of the Meat and Live-stock Industry Act 1995.
Existing members of AMLC
26.(1) People who held office as members of AMLC (other than the Chairman and the Managing Director) immediately before the commencement day cease to hold office on that day but, subject to Division 4 of Part 3 of the Meat and Live-stock Industry Act 1995, are eligible for re-appointment.
(2) The person who held office as the Chairman of AMLC immediately before the commencement day (unless the person's appointment would have ended at that time if this Act and the Meat and Live-stock Industry Act 1995
had not been enacted) holds office as the Chairperson of AMLC as if he or she had been appointed under section 109 of that Act for the unexpired portion of the period for which he or she had been appointed as Chairman under the Australian Meat and Live-stock Corporation Act 1977.
(3) The person who held office as the Managing Director of AMLC immediately before the commencement day (unless the person's appointment would have ended at that time if this Act and the Meat and Live-stock Industry Act 1995 had not been enacted) continues to hold office as the Managing Director of AMLC as if he or she had been appointed under section 119 of that Act for the unexpired portion of the period for which he or she had been appointed as Managing Director under the Australian Meat and Live-stock Corporation Act 1977.
(4) Subject to section 119 of the Meat and Live-stock Industry Act 1995, the terms and conditions of service of a person who holds office as the Managing Director of AMLC because of subsection (3) are the terms and conditions that would have been the terms and conditions of his or her service on 1 July 1995 if this Act and the Meat and Live-stock Industry Act 1995 had not been enacted.
Existing Acting Managing Director of AMLC
27.(1) The person who held office as the Acting Managing Director of AMLC immediately before the commencement day (unless the person's appointment would have ended at that time if this Act and the Meat and Live-stock Industry Act 1995 had not been enacted) continues to hold office as the Acting Managing Director of AMLC as if he or she had been appointed under section 120 of that Act for the unexpired portion of the period for which he or she had been appointed as Acting Managing Director under the Australian Meat and Live-stock Corporation Act 1977.