| C2004C06022 | PIG MEAT PROMOTION ACT 1975 [Note: This Act is "repealed" by Act No. 158 of 1986]
(#DATE 31:12:1982)
- Reprinted as at 31 December 1982 *1* The Pig Meat Promotion Act 1975 as shown in this reprint comprises Act No. 48, 1975 amended as indicated in the Tables below. Table of Acts ----------------------------------------------------------------------------- Application, saving Number Date Date of or transitional Act and year of Assent commencement provisions ----------------------------------------------------------------------------- Pig Meat Promotion Act 1975 48, 1975 4 June 1975 4 June 1975 Administrative Changes (Consequential Provisions) Act 1976 91, 1976 20 Sept 1976 20 Sept 1976 (a) S. 4 Pig Meat Promotion Amendment Act 1980 20, 1980 30 Apr 1980 1 Sept 1980 (see Gazette 1980, No. S194, p. 1) S. 13 Statute Law (Miscellaneous Amendments) Act (No. 2) 1982 80, 1982 22 Sept 1982 Part LVI (ss. 219 and 220): 20 Oct 1982 (b) S. 220 (2) ----------------------------------------------------------------------------- (a) By virtue of sub-section 2 (7) of the Administrative Changes (Consequential Provisions) Act 1976 the amendments made by that Act to the Pig Meat Promotion Act 1975 are deemed to have come into operation on 22 December 1975. (b) The Pig Meat Promotion Act 1975 was amended by Part LVI (sections 219 and 220) only of the Statute Law (Miscellaneous Amendments) Act (No. 2) 1982, sub-section 2 (16) of which provides that Part LVI shall come into operation on the twenty-eighth day after Royal Assent. Table of Amendments ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted ----------------------------------------------------------------------------- Provision affected How affected ----------------------------------------------------------------------------- Ss. 3-5 . . . . . . . am. No. 20, 1980 S. 6. . . . . . . . . rs. No. 20, 1980 S. 6A . . . . . . . . ad. No. 20, 1980 S. 7. . . . . . . . . am. No. 20, 1980 S. 8. . . . . . . . . rs. No. 20, 1980 Ss. 8A-8C . . . . . . ad. No. 20, 1980 S. 9. . . . . . . . . am. No. 91, 1976; No. 80, 1982 S. 10 . . . . . . . . am. No. 91, 1976 rs. No. 20, 1980 S. 11A. . . . . . . . ad. No. 20, 1980 Ss. 12-14 . . . . . . am. No. 20, 1980 S. 14A. . . . . . . . ad. No. 20, 1980 ----------------------------------------------------------------------------- PIG MEAT PROMOTION ACT 1975 - TABLE OF PROVISIONS
TABLE
TABLE OF PROVISIONS
Section
1. Short title
2. Commencement
3. Interpretation
4. Pig Meat Promotion Trust Account
5. Moneys to be paid into Promotion Account
6. Application of Promotion Account
6A. Estimates
7. Agreements for promotion
8. Pig Meat Promotion Committee
8A. Functions of Committee
8B. Powers of Committee
8C. Delegation
9. Constitution of Committee
10. Chairman of Committee
11. Deputies of members
11A. Disclosure of interests
12. Removal and resignation of members and deputies
13. Voting at meetings
14. Remuneration, &c.
14A. Officers and employees
15. Appointment of advisers
16. Annual report
17. Regulations
PIG MEAT PROMOTION ACT 1975 - LONG TITLE
SECT
An Act to establish a Pig Meat Promotion Trust Account and for purposes
connected therewith
PIG MEAT PROMOTION ACT 1975 - SECT 1
Short title
SECT
1. This Act may be cited as the Pig Meat Promotion Act 1975.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
PIG MEAT PROMOTION ACT 1975 - SECT 2
Commencement
SECT
2. This Act shall come into operation on the day on which it receives the
Royal Assent.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
PIG MEAT PROMOTION ACT 1975 - SECT 3
Interpretation
SECT
3. In this Act, unless the contrary intention appears-
"Committee" means the Pig Meat Promotion Committee;
"levy" has the same meaning as in the Levy Act;
"Levy Act" means the Pig Slaughter Levy Act 1971;
"Levy Collection Act" means the Pig Slaughter Levy Collection Act
1971;
"member" means a member of the Committee;
"nominated member" means a member referred to in paragraph 9 (1)
(a);
"promotion" means the taking of any action, whether in Australia or
overseas, that, in the opinion of the Committee, is likely to promote the sale
or consumption of Australian pig meat, and includes the study of, and the
dissemination of information or advice on, markets, or potential markets, for
pig meat;
"Promotion Account" means the Pig Meat Promotion Trust Account.
PIG MEAT PROMOTION ACT 1975 - SECT 4
Pig Meat Promotion Trust Account
SECT
4. (1) An account is hereby established to be known as the Pig Meat
Promotion Trust Account.
(2) The Promotion Account is a Trust Account for the purposes of section 62A
of the Audit Act 1901.
PIG MEAT PROMOTION ACT 1975 - SECT 5
Moneys to be paid into Promotion Account
SECT
5. (1) There shall be paid into the Promotion Account, out of the
Consolidated Revenue Fund, which is appropriated accordingly, amounts equal to
the prescribed proportion of the amounts from time to time received by the
Commonwealth as levy, discharge of the liability of a person under sub-section
6 (1) of the Levy Collection Act or as penalties under section 7 of the Levy
Collection Act, being amounts received in respect of pigs slaughtered on or
after 1 July 1975.
(2) For the purposes of sub-section (1), the prescribed proportion, in
relation to amounts from time to time received by the Commonwealth, being
amounts in respect of pigs slaughtered during a period, is the proportion that
the amount prescribed for the purposes of paragraph 6 (1) (b) of the Levy Act
in respect of that period bears to the aggregate of that amount and the amount
prescribed for the purposes of paragraph 6 (1) (a) of that Act in respect of
that period.
(3) There shall be paid into the Promotion Account-
(a) moneys paid by any person to the Commonwealth or the Committee for the
purposes of the Promotion Account;
(b) moneys received by the Commonwealth or the Committee from the
sale of any land or goods bought, or in respect of any work paid for, out of
moneys paid out of the Promotion Account;
(ba) any other moneys received by the Committee; and
(c) interest from the investment of moneys standing to the credit of
the Promotion Account.
PIG MEAT PROMOTION ACT 1975 - SECT 6
Application of Promotion Account
SECT
6. Subject to this Act, moneys of the Promotion Account may be applied
only-
(a) for the purpose of promotion;
(b) in payment of remuneration and allowances payable to members and
deputies of members and to persons appointed or engaged under section 14A and
of amounts payable under sub-sections 14 (4) and 15 (2); and
(c) in payment or discharge of any other expenses, charges,
obligations and liabilities incurred or undertaken by the Committee in or in
connection with the performance of its functions, or the exercise of its
powers, under this Act.
PIG MEAT PROMOTION ACT 1975 - SECT 6A
Estimates
SECT
6A. Moneys of the Promotion Account shall not be expended otherwise than in
accordance with estimates of expenditure approved by the Minister.
PIG MEAT PROMOTION ACT 1975 - SECT 7
Agreements for promotion
SECT
7. (1) Agreements may be entered into-
(a) on behalf of the Commonwealth-
(i) by the Minister; or
(ii) by an officer of the Australian Public Service authorized by the
Minister to act under this section; or
(b) by the Committee,
for the purposes of, or for purposes in connection with, any promotion or
other matter or thing to be done or performed with moneys provided in whole or
in part out of the Promotion Account.
(2) Without limiting the generality of sub-section (1), an agreement made
with a person under that sub-section on behalf of the Commonwealth or by the
Committee, as the case may be, (in this sub-section referred to as "the
contracting party") in relation to moneys provided out of the Promotion
Account may-
(a) provide for the moneys to which the agreement relates and any property
acquired with those moneys or with moneys that include those moneys to be used
only for purposes specified in the agreement and for the payment by the person
to the contracting party for the purposes of the Promotion Account, in the
event of any of those moneys or any of that property being used for a purpose
not specified in the agreement, of an amount equal to the whole, or such part
as the Minister or the Committee, as the case may be, determines, of those
moneys;
(b) provide for the payment by the person to the contracting party
for the purposes of the Promotion Account of an amount equal to the whole, or
such part as the Minister or the Committee, as the case may be, determines, of
any net income derived by the person from property acquired with moneys to
which the agreement relates or with moneys that include those moneys or for
the assignment by the person to the contracting party of any property so
acquired; and
(c) provide for the payment by the person to the contracting party
for the purposes of the Promotion Account, in the event of the disposal
otherwise than to the contracting party of any property of a kind referred to
in paragraph (b), of an amount equal to the whole, or such part as the
Minister or the Committee, as the case may be, determines-
(i) in the case of a disposal by way of sale or assignment for
value-of the net proceeds of the sale or assignment; and
(ii) in any other case-of the value of the property as determined by
the Minister or the Committee, as the case may be.
PIG MEAT PROMOTION ACT 1975 - SECT 8
Pig Meat Promotion Committee
SECT
8. (1) For the purposes of this Act, there shall be a Pig Meat Promotion
Committee.
(2) The Committee-
(a) is a body corporate with perpetual succession;
(b) shall have a common seal;
(c) may acquire, hold and dispose of real and personal property;
and
(d) may sue and be sued in its corporate name.
(3) All courts, judges and persons acting judicially shall take
judicial notice of the common seal of the Committee affixed to a document and
shall presume that it was duly affixed.
PIG MEAT PROMOTION ACT 1975 - SECT 8A
Functions of Committee
SECT
8A. The functions of the Committee are-
(a) to undertake promotions; and
(b) to make recommendations to the Minister with respect to-
(i) the amounts to be prescribed from time to time for the purposes of
paragraph 6 (1) (b) of the Levy Act; and
(ii) the expenditure of moneys standing to the credit of the
Promotion Account.
PIG MEAT PROMOTION ACT 1975 - SECT 8B
Powers of Committee
SECT
8B. Subject to this Act, the Committee may do all things necessary or
convenient to be done for or in connection with, or as incidental to, the
performance of its functions.
PIG MEAT PROMOTION ACT 1975 - SECT 8C
Delegation
SECT
8C. (1) The Committee may, either generally or as otherwise provided by the
instrument of delegation, by writing under its common seal, delegate to an
officer appointed under section 14A any of its powers under this Act, other
than this power of delegation.
(2) A power so delegated, when exercised by the delegate, shall, for the
purposes of this Act, be deemed to have been exercised by the Committee.
(3) A delegation under this section does not prevent the exercise of a power
by the Committee.
PIG MEAT PROMOTION ACT 1975 - SECT 9
Constitution of Committee
SECT
9. (1) The Committee shall consist of-
(a) 2 members to represent the organization known as the Australian
Commercial Pig Producers Federation;
(b) a member to represent the Department; and
(c) a member specially qualified for appointment by reason of
experience in marketing.
(2) The members of the Committee-
(a) shall be appointed by the Minister;
(b) hold office, subject to this Act, for such period, not exceeding
3 years, as is specified in their respective instruments of appointment; and
(c) are eligible for re-appointment.
(3) A nominated member shall be appointed on the nomination of the
Australian Commercial Pig Producers Federation.
(4) If the place of a nominated member becomes vacant before the expiration
of the term for which he was appointed, the Minister may appoint a person
nominated in accordance with sub-section (3) to hold the vacant place for the
remainder of that term.
(5) The appointment of a nominated member is not invalidated and shall not
be called in question by reason of a defect or irregularity in connexion with
his nomination.
PIG MEAT PROMOTION ACT 1975 - SECT 10
Chairman of Committee
SECT
10. The Minister shall, on the nomination of the Australian Commercial Pig
Producers Federation for the purposes of this section, appoint one of the
members referred to in paragraph 9 (1) (a) to be the Chairman of the
Committee.
PIG MEAT PROMOTION ACT 1975 - SECT 11
Deputies of members
SECT
11. (1) A member may, by notice in writing to the Minister, appoint a person
to be his deputy.
(2) A member may, by notice in writing to the Minister, revoke the
appointment of a person as his deputy.
(3) The deputy of a member is entitled, in the event of the absence of the
member from a meeting of the Committee, to attend that meeting, and, when so
attending, shall be deemed to be a member and, if he is the deputy of the
Chairman of the Committee, shall be deemed to be the Chairman.
PIG MEAT PROMOTION ACT 1975 - SECT 11A
Disclosure of interests
SECT
11A. (1) A member of the Committee who has a direct or indirect pecuniary
interest in a matter being considered or about to be considered by the
Committee, otherwise than as a member of, and in common with the other members
of, an incorporated company which consists of more than 25 persons and of
which he is not a director, shall, as soon as possible after the relevant
facts have come to his knowledge, disclose the nature of his interest at a
meeting of the Committee.
(2) A disclosure under sub-section (1) shall be recorded in the minutes of
the Committee and the member of the Committee is not entitled to vote in any
decision of the Committee with respect to that matter.
(3) In this section, "member of the Committee" includes the deputy of a
member.
PIG MEAT PROMOTION ACT 1975 - SECT 12
Removal and resignation of members and deputies
SECT
12. (1) The Minister may remove a member or the deputy of a member from
office for incapacity, incompetence or misbehaviour.
(1A) If-
(a) a member or the deputy of a member fails to comply with his obligations
under section 11A;
(b) a member or the deputy of a member becomes bankrupt or applies
to take the benefit of any law for the relief of bankrupt or insolvent
debtors, compounds with his creditors or makes an assignment of his
remuneration for their benefit; or
(c) a member is absent, except with the permission of the Minister,
from 3 consecutive meetings of the Committee,
the Minister shall remove him from office.
(2) The Minister may, at the request of the Australian Commercial Pig
Producers Federation, terminate the appointment of a nominated member.
(3) A member or the deputy of a member may resign his office by writing
under his hand delivered to the Minister.
PIG MEAT PROMOTION ACT 1975 - SECT 13
Voting at meetings
SECT
13. At a meeting of the Committee-
(a) the Chairman of the Committee shall preside;
(b) all questions shall be decided by a majority of votes of the
members present and voting; and
(c) the Chairman has a deliberative vote and, in the event of an
equality of votes, also has a casting vote.
PIG MEAT PROMOTION ACT 1975 - SECT 14
Remuneration, &c.
SECT
14. (1) A member or the deputy of a member shall be paid such remuneration
as is determined by the Remuneration Tribunal, but, if no determination of
that remuneration by the Tribunal is in operation, he shall be paid such
remuneration as is prescribed.
(2) A member or the deputy of a member shall be paid such allowances as are
prescribed.
(3) This section has effect subject to the Remuneration Tribunals Act 1973.
(4) If a member or the deputy of a member is also a member of the Parliament
of the Commonwealth or of a State, he shall not be paid remuneration or
allowances under sub-section (1) or (2) but shall, subject to the approval of
the Minister, be reimbursed such expenses as he reasonably incurs by reason of
his attendance at meetings of the Committee or, in the case of a member, of
his engagement (whether in Australia or overseas), with the approval of the
Committee, on business of the Committee.
PIG MEAT PROMOTION ACT 1975 - SECT 14A
Officers and employees
SECT
14A. (1) The Committee may appoint such officers or engage such employees as
it thinks necessary for the purposes of this Act.
(2) The terms and conditions of service or employment of persons appointed
or engaged under sub-section (1) are such as are determined by the Committee
with the approval of the Public Service Board.
(3) If a person appointed under sub-section (1) was, immediately before his
appointment, an officer of the Australian Public Service or a person to whom
the Officers' Rights Declaration Act 1928*2* applied-
(a) he retains his existing and accruing rights;
(b) for the purpose of determining those rights, his service under
this Act shall be taken into account as if it were service in the Australian
Public Service; and
(c) the Officers' Rights Declaration Act 1928*2* applies as if this
Act and this section had been specified in the Schedule to that Act.
*2* S. 14A (3)-The Officers' Rights Declaration Act 1928 was repealed by the
Public Service Amendment Act 1978 (No. 170, 1978).
PIG MEAT PROMOTION ACT 1975 - SECT 15
Appointment of advisers
SECT
15. (1) The Minister may, upon the recommendation of the Committee, appoint
persons to advise the Committee in relation to any purpose in respect of which
moneys may be expended from the Promotion Account.
(2) A person appointed under sub-section (1) shall be paid such fees,
expenses and allowances (if any) as are prescribed.
PIG MEAT PROMOTION ACT 1975 - SECT 16
Annual report
SECT
16. The Committee shall, as soon as practicable after the end of each
financial year, make a report to the Minister on the operation of this Act
during that year and the Minister shall cause the report to be laid before
each House of the Parliament.
PIG MEAT PROMOTION ACT 1975 - SECT 17
Regulations
SECT
17. The Governor-General may make regulations, not inconsistent with this
Act, prescribing all matters necessary or convenient to be prescribed for
carrying out or giving effect to this Act.
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