Pig Meat Promotion Amendment Act 1980

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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

“(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 Section 6 of the Principal Act is repealed and the following sections are substituted: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);

(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;

(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

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.

——————

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”.

Overview

The Pig Meat Promotion Amendment Act 1980 amends the Pig Meat Promotion Act 1975, with the aim of updating and improving the legislative framework governing the promotion of pig meat within Australia. This Act was enacted to address certain administrative and functional gaps identified in the original legislation, particularly in relation to the governance and operations of the Pig Meat Promotion Committee. Passed by the Queen, in accordance with the Senate and the House of Representatives of the Commonwealth of Australia, the policy objective of this amendment is to ensure more effective and efficient administration of the pig meat promotion activities and better alignment of the Committee's functions and powers with current operational needs. The Act makes several key amendments to the Principal Act, including changes to the definition of the Committee, the application of funds within the Promotion Account, and the functions, powers, and operational protocols of the Committee, while also introducing provisions for the disclosure of interests and the appointment and removal of Committee members.

Scope and Application

The Pig Meat Promotion Amendment Act 1980 amends the Pig Meat Promotion Act 1975, introducing changes to the governance, operation, and financial management of the Pig Meat Promotion Committee, which is established as a body corporate. This Act applies to the Pig Meat Promotion Committee, its members, and the Minister responsible for the pig meat industry. It operates within the Commonwealth jurisdiction, and its provisions apply to any activities undertaken by the Committee and the Commonwealth in relation to pig meat promotion. The Act does not explicitly state exclusions or exemptions, but the scope of its application is confined to the operations of the Committee and related matters. The Act allows for further regulation and specifics to be set out in subordinate instruments, ensuring flexibility in administration and compliance. The Act effectively updates the original legislation to streamline the Committee's operations and financial controls while maintaining its core function of promoting pig meat.

Key Provisions

The Pig Meat Promotion Amendment Act 1980 makes several key amendments to the Pig Meat Promotion Act 1975. Firstly, it alters the definition of "Committee" to exclude the term "Advisory" (Section 3). It amends the way moneys are to be paid into the Promotion Account, allowing for payments from the Commonwealth or the Committee, and including other moneys received by the Committee (Section 4). It also specifies how the Promotion Account can be used, limiting its expenditure to approved estimates and certain specific purposes (Sections 5 and 6). The Act revises the process for entering into agreements for promotion, allowing the Minister or an authorised officer of the Australian Public Service to act on behalf of the Commonwealth, or the Committee to act on its own behalf (Section 7). It establishes the Pig Meat Promotion Committee as a body corporate with the ability to acquire, hold, and dispose of property, and to sue and be sued (Section 8). The functions and powers of the Committee are also detailed, including the ability to delegate certain powers to an appointed officer (Sections 8a and 8b). The Act mandates the Minister to appoint a Chairman of the Committee from the members nominated by the Australian Commercial Pig Producers Federation (Section 10). Additionally, it includes provisions for the disclosure of pecuniary interests by Committee members and the consequences of failing to comply with these disclosure requirements (Sections 11a and 12). The Act allows the Committee to appoint officers and employees, with terms and conditions approved by the Public Service Board (Section 14a). Finally, it outlines formal amendments to the Principal Act, including changes to dates and terminology (Section 12). The obligations imposed by the Pig Meat Promotion Amendment Act 1980 on the parties and entities it governs are comprehensive. The Pig Meat Promotion Committee is required to manage the Promotion Account according to approved estimates and specified purposes, ensuring transparency and accountability in its financial dealings. The Committee must also ensure that its members disclose any direct or indirect pecuniary interests in matters before the Committee and refrain from voting on such matters. Additionally, the Minister is obligated to appoint a Chairman from the nominated members, ensuring leadership and governance of the Committee. The Act also mandates the Committee to operate as a body corporate, complete with a common seal, and to acquire, hold, and dispose of property as necessary for its functions. The Act delineates several offences and penalties for breaches, although specific penalties are not always stated. For instance, a member of the Committee who fails to disclose a pecuniary interest, as required by Section 11a, may be removed from office by the Minister (Section 12). Additionally, members who become bankrupt, apply for relief from debtors, compound with creditors, make assignments of their remuneration, or fail to attend three consecutive meetings without permission, may also face removal from office (Section 12). These provisions ensure that the integrity and effectiveness of the Committee are maintained, and that the interests of the Commonwealth and the pig meat industry are protected.

Area of Law: Commercial Law
Instrument: Amending Act
Concepts: Commencement Provisions; Repeal & Amendment; Delegation; Reporting & Disclosure Obligations; Compliance Obligations; Enforcement Powers

Interactions

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.

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