Primary Industries Legislation Amendment Act 1993 (Cth)

Primary Industries Legislation

Amendment Act 1993

No. 35 of 1993

TABLE OF PROVISIONS

PART 1—PRELIMINARY

Section

1. Short title

2. Commencement

PART 2—AMENDMENTS OF THE AUSTRALIAN MEAT AND

LIVE-STOCK INDUSTRY SELECTION COMMITTEE ACT 1984

3. Principal Act

4. Membership of Committee

5. Deputies

6. Casual vacancies

7. Meetings

PART 3—AMENDMENTS OF THE PIG INDUSTRY ACT 1986

8. Principal Act

9. Interpretation

10. Corporate plans

11. Annual operational plans

12. Application of money of Corporation etc.

TABLE OF PROVISIONS—continued

Section

13. Membership of Committee

14. Termination of appointments

15. Repeal of Part III

PART 4—AMENDMENTS OF THE PRIMARY INDUSTRY COUNCILS

ACT 1991

16. Principal Act

17. Schedule

PART 5—TRANSITIONAL ARRANGEMENTS ETC.

18. Definitions

19. Transfer of assets and liabilities etc.

20. Transfer of documents of APIPC

21. Transferred agreements etc.

22. Final report of APIPC

PART 6—AMENDMENTS OF OTHER ACTS

23. Amendments of other Acts

SCHEDULE

AMENDMENTS OF OTHER ACTS

Primary Industries Legislation

Amendment Act 1993

No. 35 of 1993

An Act to amend legislation relating to primary industries,

and for related purposes

[Assented to 20 September 1993]

The Parliament of Australia enacts:

PART 1—PRELIMINARY

Short title

1. This Act may be cited as the Primary Industries Legislation Amendment Act 1993.

Commencement

2. This Act commences on the day on which it receives the Royal Assent.

PART 2—AMENDMENTS OF THE AUSTRALIAN MEAT AND LIVE-STOCK INDUSTRY SELECTION COMMITTEE ACT 1984

Principal Act

3. In this Part, “Principal Act” means the Australian Meat and Live-stock Industry Selection Committee Act 19841.

Membership of Committee

4. Section 11 of the Principal Act is amended:

(a) by adding at the end of paragraph (1)(a) “and”;

(b) by adding at the end of paragraph (1)(b) “and”;

(c) by omitting paragraph (1)(d) and substituting the following paragraphs:

“(d) 2 members appointed to represent meat exporters; and

(e) 1 member appointed to represent meat processors.”;

(d) by inserting after subsection (6) the following subsection:

“(6A) The member referred to in paragraph (1)(e) is to be appointed on the nomination of the Meat and Allied Trades Federation of Australia.”;

(e) by omitting from subsection (7) “or (6)” and substituting “, (6) or (6A)”.

Deputies

5. Section 13 of the Principal Act is amended by omitting from subsection (1) “or (6)” and substituting “, (6) or (6A)”.

Casual vacancies

6. Section 14 of the Principal Act is amended:

(a) by omitting from subsection (1) “or (d)” and substituting “, (d) or (e)”;

(b) by omitting from subsection (1) “and (6)” and substituting “, (6) and (6A)”.

Meetings

7. Section 20 of the Principal Act is amended by adding at the end of subsection (5) “or (e)”.

PART 3—AMENDMENTS OF THE PIG INDUSTRY ACT 1986

Principal Act

8. In this Part, “Principal Act” means the Pig Industry Act 19862.

Interpretation

9.(1) Section 3 of the Principal Act is amended by omitting “Australian Pork Producers’ Federation” from paragraph (a) of the definition of “eligible industry body” and substituting “Pork Council of Australia”.

(2) Section 3 of the Principal Act is amended by omitting the definition of “Council”.

Corporate plans

10. Section 18 of the Principal Act is amended:

(a) by adding at the end of subparagraph (1)(a)(ii) “and”;

(b) by omitting from subparagraph (1)(a)(iii) “and” (last occurring);

(c) by omitting subparagraph (1)(a)(iv).

Annual operational plans

11. Section 19 of the Principal Act is amended:

(a) by adding at the end of subparagraph (1)(a)(ii) “and”;

(b) by omitting from subparagraph (1)(a)(iii) “and”;

(c) by omitting subparagraph (1)(a)(iv).

Application of money of Corporation etc.

12. Section 25 of the Principal Act is amended:

(a) by omitting from subsections (2) and (3) “or the Council”;

(b) by omitting subsection (4).

Membership of Committee

13. Section 42 of the Principal Act is amended by omitting from paragraph (1)(b) “Australian Pork Producers’ Federation” and substituting “Pork Council of Australia”.

Termination of appointments

14. Section 46 of the Principal Act is amended by omitting from subsection (2) “Australian Pork Producers’ Federation” and substituting “Pork Council of Australia”.

Repeal of Part III

15. Part III of the Principal Act is repealed.

PART 4—AMENDMENTS OF THE PRIMARY INDUSTRY COUNCILS ACT 1991

Principal Act

16. In this Part, “Principal Act” means the Primary Industry Councils Act 19913.

Schedule

17. The Schedule to the Principal Act is amended by adding at the end the following Part:

“PART 2

THE AUSTRALIAN PIG INDUSTRY COUNCIL

Definition

1. In this Part of the Schedule, “Council” means the council established by paragraph 2.

Establishment of a council for the pig industry

2. A council is established in relation to the pig industry.

Name of the Council

3. The Council is to be known as the Australian Pig Industry Council.

Constitution of the Council

4. In addition to the Chairperson, the Council has the following members:

(a) 3 members appointed on the nomination of the Pork Council of Australia;

(b) a member appointed on the nomination of the National Meat Processors Association;

(c) a member appointed on the nomination of the Meat and Allied Trades Federation of Australia;

(d) the Chairperson of the Australian Pork Corporation;

(e) the Chairperson of the Pig Research and Development Corporation.

Number of members who may requisition a meeting

5. A request under paragraph (b) of subsection 18(2) must be signed by at least 4 members of the Council.

Quorum

6. The quorum at a meeting of the Council consists of 5 members.”.

PART 5—TRANSITIONAL ARRANGEMENTS ETC.

Definitions

18. In this Part:

“APIC” means the Australian Pig Industry Council established by the Primary Industry Councils Act 1991 as amended by this Act;

“APIPC” means the Australian Pig Industry Policy Council existing under the Pig Industry Act 1986 immediately before the commencement day;

“commencement day” means the day on which this Part commences;

“the Corporation” means the Australian Pork Corporation existing under the Pig Industry Act 1986.

Transfer of assets and liabilities etc.

19.(1) Subject to subsection (2), on and after the commencement day, the assets, rights, obligations and liabilities of APIPC become assets, rights, obligations and liabilities of the Corporation.

(2) This section does not apply to documents transferred to APIC under section 20.

Transfer of documents of APIPC

20. On or as soon as practicable after the commencement day, the Minister may cause any documents held by APIPC to be transferred to APIC.

Transferred agreements etc.

21. On and after the commencement day, any agreement or instrument in force immediately before that day and to which APIPC was a party has effect after that day as if:

(a) the Corporation were substituted for APIPC as a party to the agreement or instrument; and

(b) any references in the agreement or instrument to APIPC were (except in relation to matters that occurred before the cessation of APIPC) a reference to the Corporation.

Final report of APIPC

22.(1) In spite of the repeal effected by section 15, APIPC continues in existence for the purpose of giving the Minister a report on its operations during the period beginning on 1 July 1993 and ending immediately before the commencement day.

(2) To the extent necessary to enable the report to be prepared and given to the Minister, the Pig Industry Act 1986 has effect as if:

(a) subsection 9(2) and sections 10, 11, 12 and 15 of this Act had not commenced; and

(b) for subsection 71(1) of that Act, the following subsection were substituted:

“(1) The Council must, as soon as practicable after the day on which Part 5 of the Primary Industries Legislation Amendment Act 1993 commences, prepare and give to the Minister a report of its operations during the period beginning on 1 July 1993 and ending immediately before that day.”.

(3) Any expenses or liabilities incurred by APIPC in connection with the preparation of the report, together with any remuneration or allowances payable to its members, are to be paid or discharged by the Corporation.

PART 6—AMENDMENTS OF OTHER ACTS

Amendments of other Acts

23. The Acts specified in the Schedule are amended as set out in the Schedule.

SCHEDULE Section 23

AMENDMENTS OF OTHER ACTS

Australian Meat and Live-stock Corporation Act 1977

Subsection 30E(4):

Insert “, or a facsimile of the instrument,” after “appointed”.

Subsections 30G(5) and (6):

Omit the subsections, substitute:

“(5) A motion referred to in subparagraph 30B(4)(d)(ii) must be taken to have been passed at an annual general meeting if, and only if:

(a) the number of votes cast by virtue of subsection (1) or (1A) (whichever is appropriate) in support of the motion is a majority of the votes cast by virtue of that subsection on the motion; and

(b) the number of votes cast by virtue of subsection (2) in support of the motion is a majority of the votes cast by virtue of that subsection on the motion.

“(6) A motion referred to in subparagraph 30B(4)(d)(iii) must be taken to have been passed at an annual general meeting if, and only if:

(a) the total number of votes cast by virtue of subsections (1), (1A) and (2) in support of the motion is at least two-thirds of the votes cast by virtue of those subsections on the motion; and

(b) the total number of votes cast by virtue of subsections (1) and (1A) in support of the motion is at least 50% of the votes cast by virtue of subsections (1) and (1A) on the motion; and

(c) the number of votes cast by virtue of subsection (2) in support of the motion is at least 50% of the votes cast by virtue of that subsection on the motion.”.

Meat Research Corporation Act 1985

After paragraph 6(e):

Insert:

“(ea) to facilitate the dissemination, adoption and commercialisation of the results of meat and livestock research and development;”.

Subsection 7(3):

Omit the subsection.

Subsection 7(5):

Omit the subsection.

SCHEDULE— continued

Subsection 12(6):

Omit the subsection.

After section 19:

Insert:

Conduct of meetings

“19A.(1) The Corporation may, subject to section 19, regulate proceedings at its meetings as it considers appropriate.

“(2) Without limiting subsection (1), the Corporation may permit a member to participate in a meeting by telephone or any other means of communication.

“(3) A member who is permitted to participate in a meeting under subsection (2) is to be regarded as being present at that meeting.

Resolutions without meetings

“19B. If the Corporation so determines, a resolution is to be taken to have been passed at a meeting of the Corporation if:

(a) without meeting, a majority of the number of members indicate agreement with the resolution in accordance with the method determined by the Corporation; and

(b) that majority would, if present at a meeting of the Corporation and entitled to vote on the resolution at that meeting, have constituted a quorum under section 19.”.

Subsection 25(4):

Insert “, or a facsimile of the instrument,” after “appointed”.

Subsections 27(5) and (6):

Omit the subsections, substitute:

“(5) A motion referred to in subparagraph 22(4)(d)(ii) must be taken to have been passed at an annual general meeting if, and only if:

(a) the number of votes cast by virtue of subsection (1) or (1A) (whichever is appropriate) in support of the motion is a majority of the votes cast by virtue of that subsection on the motion; and

(b) the number of votes cast by virtue of subsection (2) in support of the motion is a majority of the votes cast by virtue of that subsection on the motion.

“(6) A motion referred to in subparagraph 22(4)(d)(iii) must be taken to have been passed at an annual general meeting if, and only if:

SCHEDULE— continued

(a) the total number of votes cast by virtue of subsections (1), (1A) and (2) in support of the motion is at least two-thirds of the votes cast by virtue of those subsections on the motion; and

(b) the total number of votes cast by virtue of subsections (1) and (1A) in support of the motion is at least 50% of the votes cast by virtue of subsections (1) and (1A) on the motion; and

(c) the number of votes cast by virtue of subsection (2) in support of the motion is at least 50% of the votes cast by virtue of that subsection on the motion.”.

Section 39:

Repeal the section, substitute:

Duties of Executive Director

“39.(1) The Executive Director is to conduct the affairs of the Corporation.

“(2) In conducting the affairs of the Corporation, the Executive Director is to act in accordance with:

(a) any policies determined by the Corporation; and

(b) any directives given by the Corporation.

Delegation by Executive Director

“39A.(1) The Executive Director may, by writing, delegate to a member of the staff of the Corporation all or any of his or her powers under this Act.

“(2) In the exercise of a power delegated by the Executive Director, the delegate is subject to the directions of the Executive Director.”.

NOTES

1. No. 59, 1984, as amended. For previous amendments, see Nos. 13 and 65, 1985; No. 155, 1987; and No. 39, 1991.

2. No. 157, 1986, as amended. For previous amendments, see No. 141, 1987; Nos. 51 and 111, 1988; and No. 26, 1991.

3. No. 206, 1991.

[Minister’s second reading speech made in—

House of Representatives on 11 May 1993

Senate on 19 August 1993