Pig Meat Promotion Amendment Act 1980 (Cth)

Pig Meat Promotion Amendment Act 1980

No. 20 of 1980

An Act to amend the Pig Meat Promotion Act 1975

[Assented to 30 April 1980]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title, &c.

1. (1) This Act may be cited as the Pig Meat Promotion Amendment Act 1980.

(2) The Pig Meat Promotion Act 1975 is in this Act referred to as the Principal Act.

Commencement

2. This Act shall come into operation on a date to be fixed by Proclamation.

Interpretation

3. Section 3 of the Principal Act is amended by omitting “Advisory” from the definition of “Committee”.

Moneys to be paid into Promotion Account

4. Section 5 of the Principal Act is amended—

(a) by omitting from sub-section (3) “Australia” (wherever occurring) and substituting “the Commonwealth or the Committee”;

(b) by omitting from the end of paragraph (b) of sub-section (3) “and”; and

(c) by inserting after paragraph (b) of sub-section (3) the following paragraph:

“(ba) any other moneys received by the Committee; and”.

5. Section 6 of the Principal Act is repealed and the following sections are substituted:

Application of Promotion Account

“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.

Estimates

“6a. Moneys of the Promotion Account shall not be expended otherwise than in accordance with estimates of expenditure approved by the Minister.”.

Agreements for promotion

6. Section 7 of the Principal Act is amended—

(a) by omitting sub-section (1) and substituting the following sub-section:

“(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.”;

(b) by inserting in sub-section (2) “on behalf of the Commonwealth or by the Committee, as the case may be, (in this sub-section referred to as ‘the contracting party’)” after “sub-section” (second occurring);

(c) by omitting from sub-section (2) “Australia” (wherever occurring) and substituting “the contracting party”; and

(d) by inserting in sub-section (2) “or the Committee, as the case may be,” after “Minister” (wherever occurring).

7. Section 8 of the Principal Act is repealed and the following sections are substituted:

Pig Meat Promotion Committee

“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.

Functions of Committee

“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.

Powers of Committee

“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.

Delegation

“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.”.

8. Section 10 of the Principal Act is repealed and the following section is substituted:

Chairman of Committee

“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.”.

9. After section 11 of the Principal Act the following section is inserted:

Disclosure of interests

“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.”.

10. Section 12 of the Principal Act is amended by inserting after sub-section (1) the following sub-section:

“(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.”.

11. After section 14 of the Principal Act the following section is inserted:

Officers and employees

“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 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 applies as if this Act and this section had been specified in the Schedule to that Act.”.

Formal amendments

12. The Principal Act is amended as set out in the Schedule.

 

Transitional

13. (1) Anything done by the Pig Meat Promotion Advisory Committee before the date of commencement of this Act has effect on and after that date as if it had been done by the Pig Meat Promotion Committee established by section 8 of the Principal Act as amended by this Act.

(2) A person who, immediately before the date of commencement of this Act, held office as a member of the Pig Meat Promotion Advisory Committee by virtue of paragraph 9(1)(a), (b) or (c) of the Principal Act continues to hold office for the remainder of his term of office as if he had been appointed, under the corresponding paragraph of the Principal Act as amended by this Act, as a member of the Pig Meat Promotion Committee established by section 8 of that Act as so amended.

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SCHEDULE Section 12

FORMAL AMENDMENTS

Provision	Amendment
Section 3..............................	Omit “1971-1975” (wherever occurring), substitute “1971”.
Sub-section 4(2)...................	Omit “1901-1973”, substitute “1901”.
Sub-sections 5(1) and (2)......	Omit “Australia” (wherever occurring), substitute “the Commonwealth”.
Paragraph 13(c)....................	Omit “deliverative”, substitute “deliberative”.
Sub-section 14(3).................	Omit “1973-1974”, substitute “1973”.
Sub-section 14(4).................	Omit “Australia” (first occurring), substitute “the Commonwealth”.