Australian Horticultural Corporation (Transitional Provisions and Consequential Amendments) Act 1987

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Australian Horticultural Corporation (Transitional Provisions and Consequential Amendments) Act 1987

No. 165 of 1987

TABLE OF PROVISIONS

PART I—PRELIMINARY

Section

1. Short title

2. Commencement

PART II—PROVISIONS CONSEQUENTIAL ON ABOLITION OF THE AUSTRALIAN APPLE AND PEAR CORPORATION

3. Interpretation

4. Transfer of assets and liabilities

5. Transferred instruments

6. Certificates in relation to assets, liabilities and instruments

7. Exemption of certain instruments from taxation

8. Pending proceedings

9. Final report of operations of abolished Corporation

10. Officers and employees of abolished Corporation

11. Payment of amounts of levy and charge to new Corporation

PART III—AMENDMENTS OF THE APPLE AND PEAR EXPORT UNDERWRITING ACT 1981

12. Principal Act

13. Interpretation

14. Directions by Minister with respect to overseas price of fruit


TABLE OF PROVISIONS—continued

Section

PART IV—AMENDMENT OF THE APPLE AND PEAR EXPORT CHARGE ACT 1976

15. Principal Act

16. Imposition of charge

PART V—AMENDMENT OF THE APPLE AND PEAR LEVY ACT 1976

17. Principal Act

18. Imposition of levy

PART VI—REPEALS

19. Repeals


Australian Horticultural Corporation (Transitional Provisions and Consequential Amendments) Act 1987

No. 165 of 1987

 

An Act to enact certain transitional provisions and make certain amendments in consequence of the enactment of the Australian Horticultural Corporation Act 1987, and for other purposes

[Assented to 26 December 1987]

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

 

PART I—PRELIMINARY

Short title

1. This Act may be cited as the Australian Horticultural Corporation (Transitional Provisions and Consequential Amendments) Act 1987.

Commencement

2. This Act shall come into operation on the day fixed under subsection 2 (2) of the Australian Horticultural Corporation Act 1987.

PART II—PROVISIONS CONSEQUENTIAL ON ABOLITION OF THE AUSTRALIAN APPLE AND PEAR CORPORATION

Interpretation

3. In this Part, unless the contrary intention appears:

“abolished Corporation” means the Australian Apple and Pear Corporation;

“Apple and Pear Corporation Act” means the Australian Apple and Pear Corporation Act 1973;

“assets” means property of every kind and, without limiting the generality of the foregoing, includes:

(a) choses in action; and

(b) rights, interests and claims of every kind in or to property, whether arising under or by virtue of an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing;

“authorised person” means:

(a) a member of the new Corporation; or

(b) an employee of the new Corporation;

“commencing day” means the day on which this Act comes into operation;

“Export Charge Act” means the Apple and Pear Export Charge Act 1976;

“Export Charge Collection Act” means the Apple and Pear Export Charge Collection Act 1976;

“instrument” means an instrument of any kind and, without limiting the generality of the foregoing, includes a contract, guarantee or agreement (whether express or implied and whether made or given orally or in writing), bond, authority, order, power of attorney, mortgage, transfer, conveyance or other assurance, charge, lien, bill of lading, bill of exchange, letter of credit and security;

“Levy Act” means the Apple and Pear Levy Act 1976;

“Levy Collection Act” means the Apple and Pear Levy Collection Act 1976;

“liabilities” means liabilities of every kind and, without limiting the generality of the foregoing, includes obligations of every kind, whether arising under or by virtue of an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing;

“new Corporation” means the Australian Horticultural Corporation;

“transferred instrument” means an instrument subsisting immediately before the commencing day:

(a) to which the abolished Corporation was a party;

(b) that was given to or in favour of the abolished Corporation;


(c) in which a reference is made to the abolished Corporation; or

(d) under which:

(i) money is, or may become, payable to or by the abolished Corporation; or

(ii) any other property is to be, or may become liable to be, transferred, conveyed or assigned to or by the abolished Coporation.

Transfer of assets and liabilities

4. On the commencing day, the assets and liabilities of the abolished Corporation become, by force of this section, assets and liabilities of the new Corporation.

Transferred instruments

5. A transferred instrument continues, by force of this section, in full force and effect after the commencement of this Act but, in its operation in relation to acts or things done, entered into or occurring on or after the commencing day, has effect as if references to the abolished Corporation were references to the new Corporation.

Certificates in relation to assets, liabilities and instruments

6. (1) An authorised person may certify, in writing:

(a) that an asset or liability specified or described in the certificate became, by force of section 4, an asset or liability, as the case may be, of the new Corporation; or

(b) that an instrument specified or described in the certificate is a transferred instrument.

(2) A certificate under subsection (1) is prima facie evidence of the matters certified in the certificate.

(3) A document purporting to be a certificate under subsection (1) shall, unless the contrary is established, be deemed to be such a certificate and to have been duly given.

Exemption of certain instruments from taxation

7. (1) Where an authorised person certifies, in writing, that an instrument specified or described in the certificate was made or given by reason of, or for a purpose connected with or arising out of, the operation of this Part, the instrument is not subject to stamp duty or any other tax under a law of the Commonwealth or of a State or Territory.

(2) A document purporting to be a certificate under subsection (1) shall, unless the contrary is established, be deemed to be such a certificate and to have been duly given.


Pending proceedings

8. Where, immediately before the commencing day, proceedings to which the abolished Corporation was a party were pending in any court or before any tribunal, the new Corporation is, by force of this section, substituted for the abolished Corporation as a party to the proceedings.

Final report of operations of abolished Corporation

9. (1) The new Corporation shall, as soon as practicable after the commencing day, prepare and furnish to the Minister a report of the operations of the abolished Corporation during the period that commenced at the end of the last period in relation to which a report of the operations of the abolished Corporation was furnished to the Minister under section 37 of the Apple and Pear Corporation Act and ended immediately before the commencing day, together with financial statements in respect of that period in such form as the Minister for Finance approves.

(2) Without limiting the generality of subsection (1), the new Corporation shall include in the report:

(a) particulars of any directions given to the abolished Corporation by the Minister with respect to the performance of that Corporation’s functions or the exercise of its powers; and

(b) a statement of the principal objectives of the abolished Corporation in the period to which the report relates and of the strategies pursued by the abolished Corporation to achieve those objectives in that period.

(3) Before submitting the financial statements to the Minister under subsection (1), the new Corporation shall submit them to the Auditor-General, who shall report to the Minister:

(a) whether, in the Auditor-General’s opinion, the statements are based on proper accounts and records;

(b) whether the statements are in agreement with the accounts and records and, in the Auditor-General’s opinion, show fairly the financial transactions and state of affairs of the abolished Corporation;

(c) whether, in the Auditor-General’s opinion, the receipt, expenditure and investment of money, and the acquisition and disposal of assets, by the abolished Corporation during the period to which the report relates were in accordance with the Apple and Pear Corporation Act; and

(d) as to such other matters arising out of the statements as the Auditor-General considers should be reported to the Minister.

(4) The Minister shall cause a copy of the report and financial statements, together with a copy of the Auditor-General’s report, to be laid before each House of the Parliament within 15 sitting days of that House after their receipt by the Minister.


Officers and employees of abolished Corporation

10. (1) A person who, immediately before the commencing day, was an officer or employee of the abolished Corporation shall be deemed to have been engaged by the new Corporation as an employee on that day.

(2) The new Corporation shall be deemed to have determined, on the commencing day, terms and conditions of employment of persons to whom subsection (1) applies that are the same as those that were the terms and conditions of service or employment of those persons immediately before that day.

Payment of amounts of levy and charge to new Corporation

11. (1) Subject to subsection (3), there shall be paid to the new Corporation amounts equal to:

(a) amounts of levy received by the Commonwealth under the Levy Act; and

(b) amounts received by the Commonwealth by way of penalty under section 7 of the Levy Collection Act.

(2) Subject to subsection (3), there shall be paid to the new Corporation amounts equal to:

(a) amounts of charge received by the Commonwealth under the Export Charge Act; and

(b) amounts received by the Commonwealth by way of penalty under section 6 of the Export Charge Collection Act.

(3) Subsections (1) and (2) do not apply in relation to amounts that have been paid to the abolished Corporation under section 29 of the Apple and Pear Corporation Act.

(4) Amounts payable under subsections (1) and (2) shall be paid out of the Consolidated Revenue Fund, which is appropriated accordingly.

(5) The reference in paragraph (1) (a) to amounts of levy received by the Commonwealth under the Levy Act includes a reference to amounts received by the Commonwealth under section 6 of the Levy Collection Act, and the reference in paragraph (2) (a) to amounts of charge received by the Commonwealth under the Export Charge Act includes a reference to amounts received by the Commonwealth under section 5 of the Export Charge Collection Act.

 

PART III—AMENDMENTS OF THE APPLE AND PEAR EXPORT UNDERWRITING ACT 1981

Principal Act

12. The Apple and Pear Export Underwriting Act 19811 is in this Part referred to as the Principal Act.


Interpretation

13. Section 3 of the Principal Act is amended by omitting from subsection (1) the definition of “Corporation” and substituting the following definition:

“ ‘Corporation’ means the Australian Horticultural Corporation;”.

Directions by Minister with respect to overseas price of fruit

14. Section 14 of the Principal Act is amended by omitting “regulations in force under the Australian Apple and Pear Corporation Act 1973 authorize” and substituting “a regulation in force under the Australian Horticultural Corporation Act 1987, or an order in force under such a regulation, authorises”.

 

PART IV—AMENDMENT OF THE APPLE AND PEAR EXPORT CHARGE ACT 1976

Principal Act

15. The Apple and Pear Export Charge Act 19762 is in this Part referred to as the Principal Act.

Imposition of charge

16. Section 6 of the Principal Act is amended by inserting after subsection (1) the following subsection:

“(1a) Charge is not imposed on fruit that is exported from Australia on or after the day fixed under subsection 2 (2) of the Australian Horticultural Corporation Act 1987.”.

 

PART V—AMENDMENT OF THE APPLE AND PEAR LEVY ACT 1976

Principal Act

17. The Apple and Pear Levy Act 19763 is in this Part referred to as the Principal Act.

Imposition of levy

18. Section 5 of the Principal Act is amended by inserting after subsection (1) the following subsection:

“(1a) Levy is not imposed on:

(a) fruit that is sold in Australia by the grower on or after the day fixed under subsection 2 (2) of the Australian Horticultural Corporation Act 1987; or

(b) fruit that is used by the grower on or after the day referred to in paragraph (a).”.


PART VI—REPEALS

Repeals

19. The following Acts are repealed:

Apple and Pear Stabilization Act 1971

Apple and Pear Stabilization Act 1972

Apple and Pear Stabilization Act 1973

Apple and Pear Stabilization Amendment Act 1976

Apple and Pear Stabilization Amendment Act 1977

Apple and Pear Stabilization Amendment Act (No. 2) 1977

Apple and Pear Stabilization Amendment Act 1978

Apple and Pear Stabilization Amendment Act 1981.

 

NOTES

1. No. 14, 1981, as amended. For previous amendments, see No. 15, 1986.

2. No. 197, 1976, as amended. For previous amendments, see No. 147, 1981.

3. No. 195, 1976, as amended. For previous amendments, see No. 146, 1981; No. 19, 1982; and No. 28, 1984.

[Minister’s second reading speech made in—

House of Representatives on 18 September 1987

Senate on 17 November 1987]

Overview

The Australian Horticultural Corporation (Transitional Provisions and Consequential Amendments) Act 1987, enacted by the Parliament of Australia, was introduced to facilitate the transition from the Australian Apple and Pear Corporation to the Australian Horticultural Corporation. This Act addresses the legislative gap by providing transitional provisions and consequential amendments necessary for the smooth abolition of the former corporation and the establishment of the new one. The primary objective of the Act is to ensure continuity in the operations, assets, liabilities, and legal proceedings of the abolished corporation, while also updating relevant legislation to reflect the new corporate structure. This Act comprises several parts, including the transfer of assets and liabilities of the Australian Apple and Pear Corporation to the new Australian Horticultural Corporation, amendments to existing Acts to align with the new corporate framework, and the repeal of obsolete Acts related to apple and pear stabilization. By doing so, the Act aims to maintain legal certainty and operational efficiency in the horticultural industry during this transition period.

Scope and Application

The Australian Horticultural Corporation (Transitional Provisions and Consequential Amendments) Act 1987 applies to the assets, liabilities, and instruments of the Australian Apple and Pear Corporation, which were transferred to the Australian Horticultural Corporation upon the commencement of this Act. The Act also applies to the officers and employees of the abolished Corporation who are deemed to have been engaged by the new Corporation. The Act operates nationally, as it is a Commonwealth Act. There are no explicit exclusions, exemptions, or thresholds stated within the Act itself; however, the Act may be further defined or extended through subordinate instruments such as regulations under the Australian Horticultural Corporation Act 1987. The Act includes provisions for the transfer of assets and liabilities, the continuation of transferred instruments, and the certification of these transfers and instruments. It also addresses the substitution of the new Corporation in pending legal proceedings, the preparation of a final report on the operations of the abolished Corporation, and the payment of certain levies and charges to the new Corporation.

Key Provisions

The Australian Horticultural Corporation (Transitional Provisions and Consequential Amendments) Act 1987, as its title suggests, provides for certain transitional provisions and consequential amendments following the enactment of the Australian Horticultural Corporation Act 1987. Section 4 of the Act provides for the transfer of the assets and liabilities of the abolished Australian Apple and Pear Corporation to the new Australian Horticultural Corporation on the day this Act comes into operation. Section 5 ensures that instruments to which the abolished Corporation was a party, or in favour of the abolished Corporation, continue in full force and effect, with references to the abolished Corporation to be read as references to the new Corporation. Section 6 allows an authorised person to certify in writing that an asset or liability has become an asset or liability of the new Corporation, or that an instrument is a transferred instrument. Such certificates are prima facie evidence of the matters certified. The Act imposes various obligations on the new Corporation. For instance, Section 9 requires the new Corporation to prepare and furnish a report to the Minister regarding the operations of the abolished Corporation, including financial statements, which are to be laid before each House of Parliament. Section 10 ensures that officers and employees of the abolished Corporation are deemed to have been engaged by the new Corporation under the same terms and conditions of employment. Section 11 mandates that amounts equal to levies and charges previously received by the Commonwealth under the Apple and Pear Levy Act 1976 and the Apple and Pear Export Charge Act 1976 be paid to the new Corporation. The Act also provides for consequential amendments to existing legislation. For example, Section 13 amends the Apple and Pear Export Underwriting Act 1981 to replace references to the Australian Apple and Pear Corporation with the Australian Horticultural Corporation. Section 16 amends the Apple and Pear Export Charge Act 1976 to ensure that the export charge is not imposed on fruit exported after the commencement of the Australian Horticultural Corporation Act 1987. Similarly, Section 18 amends the Apple and Pear Levy Act 1976 to ensure that the levy is not imposed on fruit sold or used by growers in Australia after the commencement of the Australian Horticultural Corporation Act 1987. The Act repeals various Acts related to the Apple and Pear Stabilization, including the Apple and Pear Stabilization Act 1971, the Apple and Pear Stabilization Act 1972, and others. These repealed Acts are no longer in force following the enactment of the Australian Horticultural Corporation Act 1987. While the Act itself does not explicitly outline specific penalties for breaches, contraventions of the provisions could potentially give rise to legal consequences under the relevant legislation, such as fines or other civil or criminal penalties.

Legal classification tags

Area of Law
Corporate Law & Governance
Instrument
Act
Concepts
Commencement Provisions
Transitional Provisions
Repeal & Amendment
Transfer of assets and liabilities
Licensing & Registration
Exemptions & Exclusions

Interactions

Authorises

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