Wine Grapes Marketing Board (Reconstitution) Amendment Act 2007 (NSW)

An Act to amend the Wine Grapes Marketing Board (Reconstitution) Act 2003 in relation to contracts for the delivery of MIA wine grapes.

1Name of Act

This Act is the Wine Grapes Marketing Board (Reconstitution) Amendment Act 2007.

2Commencement

This Act commences on the date of assent to this Act.

3Amendment of Wine Grapes Marketing Board (Reconstitution) Act 2003 No 100

The Wine Grapes Marketing Board (Reconstitution) Act 2003 is amended as set out in Schedule 1.

4Repeal of Act(1)

This Act is repealed on the day following the day on which this Act commences.

(2)

The repeal of this Act does not, because of the operation of section 30 of the Interpretation Act 1987, affect any amendment made by this Act.

Schedule 1Amendments

(Section 3)

[1]Section 3 Definitions

Omit the definition of Board. Insert instead:

Board means the Wine Grapes Marketing Board established by regulations under the Agricultural Industry Services Act 1998.

[2]Section 3, definition of “price schedule”

Omit the definition.

[3]Section 4 Price schedules

Omit the section.

[4]Section 5 Board may make order as to terms and conditions of payment

Insert “(but not price)” after “conditions of payment” in section 5 (1) (a).

[5]Section 5 (2)

Omit “the regulation set out in Schedule 1”.

Insert instead “the regulations under the Agricultural Industry Services Act 1998 by which the Board is established”.

[6]Section 7 Deliveries of MIA wine grapes not to be accepted unless price schedule notified to Board

Omit the section.

[7]Section 8 Persons accepting delivery of MIA wine grapes to furnish certain documentation

Omit section 8 (c).

[8]Section 9 Minimum price to be paid for MIA wine grapes

Omit the section.

[9]Section 22 Agricultural Industry Services (Wine Grapes Marketing Board) Regulation 2003

Omit the section.

[10]Section 24

Insert after section 23:

24Savings, transitional and other provisions

Schedule 1 has effect.

[11]Section 26 Repeal of Act

Omit “2008”. Insert instead “2010”.

[12]Schedule 1

Omit the Schedule. Insert instead:

Schedule 1Savings, transitional and other provisions

(Section 24)

Part 1General1Regulations(1)

The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:

• •

  Wine Grapes Marketing Board (Reconstitution) Amendment Act 2007

(2)

Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or 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

• (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 2Provisions consequent on enactment of Wine Grapes Marketing Board (Reconstitution) Amendment Act 20072Definition

In this Part, the 2007 amending Act means the Wine Grapes Marketing Board (Reconstitution) Amendment Act 2007.

3Saving of Agricultural Industry Services (Wine Grapes Marketing Board) Regulation 2003

The repeal of section 22, and the substitution of this Schedule, by the 2007 amending Act do not affect the validity or operation of the Agricultural Industry Services (Wine Grapes Marketing Board) Regulation 2003.

4Continued operation of section 9

Section 9, as in force immediately before the date of assent to the 2007 amending Act, continues to have effect in relation to consignments of MIA wine grapes delivered before that date.