Pig Industry (Transitional Provisions) Act 1986

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au C2004A03399 Not in force Act

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Pig Industry (Transitional Provisions) Act 1986

 

No. 158 of 1986

 

 

 

An Act to repeal certain Acts, and to enact transitional provisions, in consequence of the enactment of the Pig Industry Act 1986

 

 

 

Contents

1  Short title

2  Commencement

3  Interpretation

4  Application of money of Promotion Committee, etc.

5  Repeal

6  Members of Promotion Committee cease to hold office

7  Application of money of Corporation

8  Judicial notice

9  Annual report and financial statements

10  Transitional

11  Act not to affect Acts Interpretation Act

 

 

 

Pig Industry (Transitional Provisions) Act 1986

No. 158 of 1986

 

 

 

An Act to repeal certain Acts, and to enact transitional provisions, in consequence of the enactment of the Pig Industry Act 1986

[Assented to 18 December 1986]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Pig Industry (Transitional Provisions) Act 1986.

2  Commencement

 (1) Subject to subsection (2), this Act shall come into operation on the day on which it receives the Royal Assent.

 (2) Sections 5 to 11 (inclusive) shall come into operation on the day fixed by Proclamation for the purposes of subsection 2(2) of the Pig Industry Act 1986.

3  Interpretation

  In this Act:

Corporation means the Australian Pork Corporation referred in the Pig Industry Act 1986.

Promotion Committee means the Pork Promotion Committee referred to in section 8 of the Pork Promotion Act 1975.

Selection Committee means the Australian Pork Corporation Selection Committee established by the Pig Industry Act 1986.

4  Application of money of Promotion Committee, etc.

 (1) Notwithstanding anything in the Pork Promotion Act 1975 or any other Act, the Promotion Committee is liable, until the commencement of section 5 of the Pig Industry Act 1986:

 (a) to pay the expenses, and discharge the liabilities, incurred or undertaken by the Selection Committee; and

 (b) to pay any remuneration or allowances payable under Division 9 of Part II of the Pig Industry Act 1986;

and the money of the Promotion Committee may be applied in making any such payments or in discharging any such liabilities.

 (2) The Selection Committee shall pay to the Promotion Committee any money received by it before the commencement of section 5 of the Pig Industry Act 1986.

5  Repeal

  The following Acts are repealed:

Pig Meat Promotion Act 1975.

Pig Meat Promotion Amendment Act 1980.

Pig Meat Legislation Amendment Act 1984.

6  Members of Promotion Committee cease to hold office

  On the commencement of this section, the members and the Chairman of the Promotion Committee cease to hold office.

7  Application of money of Corporation

  Notwithstanding anything in Part II of the Pig Industry Act 1986, the Corporation is liable to pay the expenses, and discharge the liabilities, incurred or undertaken by the Promotion Committee before the commencement of this section and the money of the Corporation may be applied in making any such payments or in discharging any such liabilities.

8  Judicial notice

  All courts, judges and persons acting judicially shall take judicial notice of the imprint of the seal of the Promotion Committee appearing on a document that was executed before the commencement of this section and shall presume that the seal was duly affixed.

9  Annual report and financial statements

 (1) If the Promotion Committee had not, before the commencement of this section, furnished a report and financial statement in relation to the operations of the Promotion Committee during the year that ended on 30 June last preceding the commencement of this section, the Corporation shall cause to be prepared a report and financial statement on the operations of the Promotion Committee during that year, in accordance with section 63M of the Audit Act 1901 and, notwithstanding the repeals effected by this Act, that section continues to apply for the purpose of the preparation of that report and financial statement.

 (2) If the day on which this section comes into operation is a day other than 1 July, the report and financial statement in relation to the operations of the Corporation during the year ending on 30 June next following the commencement of this section that is required to be prepared by section 34 of the Pig Industry Act 1986 shall include a report and financial statement in relation to the operations of the Promotion Committee during the part of that year that preceded the commencement of this section.

10  Transitional

 (1) An act or thing done before the commencement of this section by the Promotion Committee under section 7, 8BA or 14A of the Pork Promotion Act 1975 or under section 63J or 63M of the Audit Act 1901 has effect, after the commencement of this section, as if it had been done by the Corporation under the corresponding provision of Part II of the Pig Industry Act 1986.

 (2) For the purposes of subsection (1), section 8 of the Pig Industry Act 1986 shall be taken to correspond to section 7 of the Pork Promotion Act 1975.

11  Act not to affect Acts Interpretation Act

  Nothing in this Act affects the operation of section 25B of the Acts Interpretation Act 1901.

 

 

 

 

Overview

The Pig Industry (Transitional Provisions) Act 1986, enacted by the Parliament of Australia, was established to facilitate the transition and integration of the pig industry in Australia following the enactment of the Pig Industry Act 1986. This legislation addresses the need for a smooth and legally sound transition by repealing certain previous Acts and implementing transitional provisions to ensure continuity in industry operations. The primary policy objective is to maintain stability within the pig industry while the new legislative framework takes effect, thereby avoiding disruptions and ensuring that responsibilities and liabilities are appropriately managed during the transition period. The Act aims to ensure that all existing obligations and financial commitments of the Promotion Committee and the Australian Pork Corporation are seamlessly transferred and fulfilled under the new legal structure.

Scope and Application

The Pig Industry (Transitional Provisions) Act 1986 applies to the entities and individuals involved in the pig industry in Australia, specifically the Australian Pork Corporation and the Pork Promotion Committee. The Act facilitates the transition from the repealed Pig Meat Promotion Act 1975, Pig Meat Promotion Amendment Act 1980, and Pig Meat Legislation Amendment Act 1984 to the new Pig Industry Act 1986 by enacting transitional provisions. It applies to the Commonwealth of Australia, covering the entire nation, and aims to ensure a smooth and orderly transition in the regulation and promotion of the pig industry. The Act does not include specific exclusions or exemptions but rather sets out the manner in which existing obligations and responsibilities are transferred to the new legislative framework. Any further application or interpretation of the Act can be extended or restricted through subordinate instruments made under the authority of the Pig Industry Act 1986.

Key Provisions

The Pig Industry (Transitional Provisions) Act 1986 (the "Act") primarily serves to enact transitional provisions in consequence of the enactment of the Pig Industry Act 1986, and to repeal certain associated Acts. Section 4 of the Act mandates that the Pork Promotion Committee, prior to the commencement of section 5 of the Pig Industry Act 1986, is responsible for paying the expenses and discharging the liabilities incurred or undertaken by the Australian Pork Corporation Selection Committee, as well as any remuneration or allowances payable under Division 9 of Part II of the Pig Industry Act 1986. The money of the Promotion Committee can be used for these payments or liabilities (section 4(1)). The Selection Committee is required to pay any money received by it to the Promotion Committee before the commencement of section 5 of the Pig Industry Act 1986 (section 4(2)). The Act imposes several obligations on the entities it governs. The Promotion Committee, for instance, is responsible for paying the expenses and liabilities incurred by the Selection Committee, as well as any remuneration or allowances payable under the Pig Industry Act 1986 (section 4(1)). The Selection Committee must pay any money received by it to the Promotion Committee before the commencement of section 5 of the Pig Industry Act 1986 (section 4(2)). The Australian Pork Corporation is liable to pay the expenses and discharge the liabilities incurred or undertaken by the Promotion Committee before the commencement of this section, and the money of the Corporation can be used for these payments or liabilities (section 7). Courts, judges, and persons acting judicially are required to take judicial notice of the imprint of the seal of the Promotion Committee appearing on a document executed before the commencement of this section and presume that the seal was duly affixed (section 8). The Act does not explicitly outline offences, penalties, or consequences for breach. However, the failure to comply with the obligations imposed by the Act could potentially lead to legal actions or consequences under other relevant legislation. For instance, failure to properly account for and transfer funds as required under section 4 could result in legal action for breach of trust or mismanagement of funds. Similarly, failure to provide accurate and timely reports and financial statements as required under section 9 could result in legal action for non-compliance with reporting requirements. The maximum penalties for such actions would depend on the specific laws under which the legal action was taken.

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Area of Law
Corporate Law & Governance
Instrument
Act
Concepts
Commencement Provisions
Repeal & Amendment
Transitional Provisions
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.