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This is a Bill, not an Act. For current law, see the Acts databases.
2002-2003
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Dairy
Industry Service Reform Bill 2003
No. ,
2003
(Agriculture, Fisheries and
Forestry)
A Bill for an Act relating to the
dairy industry, and for related purposes
Contents
Part 1—Amendment of Dairy Produce Act
1986 28
Dairy Produce Act
1986 28
Part 2—Amendment of other
Acts 50
Administrative Decisions (Judicial Review) Act
1977 50
Equal Employment Opportunity (Commonwealth Authorities) Act
1987 50
Farm Household Support Act
1992 50
Primary Industries Levies and Charges Collection Act
1991 51
Safety, Rehabilitation and Compensation Act
1988 51
Part 3—Repeal of
regulations 52
Dairy Research and Development Corporation Regulations
1990 52
Part 4—Transitional
provisions 53
A Bill for an Act relating to the dairy industry, and for
related purposes
The Parliament of Australia enacts:
This Act may be cited as the Dairy Industry Service Reform Act
2003.
(1) Each provision of this Act specified in column 1 of the table
commences, or is taken to have commenced, on the day or at the time specified in
column 2 of the table.
|
Commencement information |
||
|---|---|---|
|
Column 1 |
Column 2 |
Column 3 |
|
Provision(s) |
Commencement |
Date/Details |
|
1. Sections 1 to 43 and anything in this Act not elsewhere covered by
this table |
The day on which this Act receives the Royal Assent |
|
|
2. Schedule 1 |
A single day to be fixed by Proclamation |
|
Note: This table relates only to the provisions of this Act
as originally passed by the Parliament and assented to. It will not be expanded
to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table is for additional information that is not part
of this Act. This information may be included in any published version of this
Act.
Each Act, and each set of regulations, that is specified in a Schedule to
this Act is amended or repealed as set out in the applicable items in the
Schedule concerned, and any other item in a Schedule to this Act has effect
according to its terms.
This Act binds the Crown in all its capacities.
This Act extends to all the external Territories.
This Act applies both within and outside Australia.
Provision of information
(1) The Australian Dairy Corporation may, by notice in writing, require a
first purchaser who purchases relevant dairy produce from the producer of the
produce to provide to the Corporation, within the time specified in the notice,
the name, address, contact details and ABN of the producer.
(2) A first purchaser must comply with a notice under
subsection (1).
Use or disclosure of information
(3) The Australian Dairy Corporation may use or disclose information about
producers provided to it under this section for any of the following
purposes:
(a) to inform the producers about the amendments to be made by this
Act;
(b) to make the producers aware of their eligibility to become a member of
Dairy Australia Limited;
(c) to invite the producers to make applications to the Corporation to
become such a member;
(d) to develop a list of those producers eligible to become such a
member.
Definitions
(4) In this section:
ABN has the meaning given by section 41 of the A New
Tax System (Australian Business Number) Act 1999.
first purchaser has the same meaning as in the Primary
Industries Levies and Charges Collection Act 1991.
producer has the same meaning as in the Primary Industries
Levies and Charges Collection Act 1991.
relevant dairy produce has the same meaning as in the
Primary Industries (Excise) Levies Act 1999.
In this Part, unless the contrary intention appears:
ADC means the Australian Dairy Corporation as in existence
before the conversion time.
ASIC means the Australian Securities and Investments
Commission.
asset means:
(a) any legal or equitable estate or interest in real or personal
property, whether actual, contingent or prospective; and
(b) any right, power, privilege or immunity, whether actual, contingent or
prospective.
combined service period, in relation to a transferring
employee, means the total of:
(a) the period that is, immediately before the conversion time, the
employee’s period of service for the purposes of the Long Service Leave
Act; and
(b) the period during which the employee continues to be an employee of
Dairy Australia Limited.
commencing time means the beginning of the day on which this
Act receives the Royal Assent.
conversion time means the time when Schedule 1
commences.
Dairy Australia Limited means ADC, after it is registered
under the Corporations Act 2001 as mentioned in section 11 of this
Act.
DRDC means the Dairy Research and Development Corporation as
in existence before the conversion time.
employee, in relation to DRDC, means a person who is an
officer or employee of DRDC immediately before the conversion time.
liability means any liability, duty or obligation, whether
actual, contingent or prospective.
Long Service Leave Act means the Long Service Leave
(Commonwealth Employees) Act 1976, as in force immediately before the
conversion time.
Maternity Leave Act means the Maternity Leave
(Commonwealth Employees) Act 1973, as in force immediately before the
conversion time.
proposed director means a person specified as a director
under paragraph 601BC(2)(f) of the Corporations Act 2001 in relation to
the application to ASIC to register ADC as a company limited by
guarantee.
SRC Act means the Safety, Rehabilitation and Compensation
Act 1988, as in force immediately before the conversion time.
transferring ADC employee means a person who is an officer or
employee of ADC immediately before the conversion time.
transferring DRDC employee means a person who is taken to
have been engaged as an employee of Dairy Australia Limited under
section 20.
transferring employee means a transferring ADC employee or a
transferring DRDC employee.
Application
(1) As soon as practicable after the commencing time, ADC must apply to
ASIC under Part 5B.1 of the Corporations Act 2001 to register ADC as
a company limited by guarantee.
(2) ADC is hereby authorised to make the application.
Directors
(3) The application must not specify a person as a director under
paragraph 601BC(2)(f) of the Corporations Act 2001 unless the Minister
has first approved in writing the person being so specified.
Constitution
(4) The application must be accompanied by a copy of ADC’s proposed
constitution. The proposed constitution must first be approved in writing by the
Minister.
(1) During the period beginning at the commencing time and ending
immediately before the conversion time:
(a) the Minister, on behalf of the Commonwealth; and
(b) at least 3 of the proposed directors, on behalf of Dairy Australia
Limited;
may enter into a contract of a kind that could be entered into after the
conversion time under section 5 of the Dairy Produce Act
1986.
(2) If such a contract is entered into, then, at the conversion
time:
(a) the Commonwealth and Dairy Australia Limited are taken to have entered
into the contract under section 5 of the Dairy Produce Act 1986;
and
(b) Dairy Australia Limited becomes bound by the contract and entitled to
its benefit.
Note: If such a contract is entered into, one of the effects
of this section is that, after the conversion time, the Minister would be able
to declare Dairy Australia Limited as the industry services body under
section 7 of the Dairy Produce Act 1986.
(1) At the conversion time, ASIC is taken to have registered ADC under
section 601BD of the Corporations Act 2001:
(a) as a company limited by guarantee; and
(b) with the name “Dairy Australia Limited”.
Note: The effect of registration of ADC under the
Corporations Act 2001 is not to create a new legal entity: see
section 601BM of that Act.
(2) ASIC must issue a certificate and ACN under section 601BD of the
Corporations Act 2001 in respect of the registration. The date of
registration is to be the day on which the conversion time occurred.
Nothing in this Part prevents, after the conversion time:
(a) a change in the name of Dairy Australia Limited; or
(b) a change in the structure, constitution or membership of Dairy
Australia Limited.
For the purposes of the Corporations Act 2001:
(a) the accounting records kept by ADC before the conversion time under
section 20 of the Commonwealth Authorities and Companies Act 1997
are to be treated as financial records of Dairy Australia Limited; and
(b) an annual report and financial statements prepared in relation to a
financial year by ADC under section 9 of the Commonwealth Authorities
and Companies Act 1997 are to be treated as a financial report of Dairy
Australia Limited for that financial year.
(1) After the conversion time, Dairy Australia Limited is not taken, for
the purposes of a law, to be:
(a) a Commonwealth authority; or
(b) established for a public purpose or for a purpose of the Commonwealth;
or
(c) a public authority or an agency or instrumentality of the
Crown;
(within the ordinary meaning of the expression concerned) unless a law
expressly provides otherwise.
(2) In this section:
law means:
(a) an Act of the Commonwealth or of a State or Territory; or
(b) regulations or any other instrument made under such an
Act.
(1) This section applies to:
(a) the assets of DRDC; and
(b) the liabilities of DRDC.
(2) At the conversion time, the assets and liabilities cease to be assets
and liabilities of DRDC and become assets and liabilities of Dairy Australia
Limited without any conveyance, transfer or assignment.
(3) Immediately after the conversion time, Dairy Australia Limited becomes
DRDC’s successor in law in relation to the assets and
liabilities.
Note: The effect of converting ADC into a Corporations Act
company is not to create a new legal entity. The assets and liabilities of ADC
immediately before the conversion time will remain assets and liabilities of
Dairy Australia Limited immediately after that time.
If any proceedings to which DRDC was a party:
(a) were pending in any court or tribunal immediately before the
conversion time; and
(b) related, in whole or in part, to an asset or liability of
DRDC;
Dairy Australia Limited is, by force of this section, substituted for DRDC
as a party to the proceedings to the extent to which the proceedings relate to
the asset or liability.
(1) No stamp duty or other tax is payable under a law of a State or
Territory in respect of an exempt matter, or anything connected with an exempt
matter.
(2) The Minister may certify in writing:
(a) that a specified matter is an exempt matter; or
(b) that a specified thing was done in connection with a specified exempt
matter.
(3) In all courts, and for all purposes, a certificate under
subsection (2) is evidence of the matter stated in the
certificate.
(4) In this section:
exempt matter means:
(a) the transfer of an asset or a liability under section 15;
or
(b) the operation of this Division in any other respect.
(1) This section applies to an instrument if:
(a) it is in operation immediately before the conversion time;
and
(b) it is an instrument:
(i) to which DRDC is a party; or
(ii) which was given to, or in favour of, DRDC; or
(iii) in which a reference is made to DRDC; or
(iv) under which any right or liability accrues or may accrue to
DRDC.
(2) The instrument continues to have effect after the conversion time as
if a reference in the instrument to DRDC were a reference to Dairy Australia
Limited.
(3) In this section:
instrument does not include regulations or any other
instrument made under the Superannuation Act 1976 or the
Superannuation Act 1990.
(1) This section applies if:
(a) an asset vests in Dairy Australia Limited under this Division;
and
(b) there is lodged with an assets official a certificate that:
(i) is signed by the Minister; and
(ii) identifies the asset; and
(iii) states that the asset has become vested in Dairy Australia Limited
under this Division.
(2) The assets official may:
(a) deal with, and give effect to, the certificate as if it were a proper
and appropriate instrument for transactions in relation to assets of that kind;
and
(b) make such entries in the register as are necessary having regard to
the effect of this Division.
(3) In this section:
assets official means the person or authority who, under a
law of the Commonwealth, a State or a Territory, under a trust instrument or
otherwise, has responsibility for keeping a register in relation to assets of
the kind concerned.
At the conversion time, each employee of DRDC ceases to be employed by
DRDC and is taken to have been engaged as an employee of Dairy Australia
Limited.
Note: The effect of converting ADC into a Corporations Act
company is not to create a new legal entity. The employees of ADC immediately
before the conversion time will remain employees of Dairy Australia Limited
immediately after that time.
DRDC employees
(1) A transferring DRDC employee is taken:
(a) to have been engaged by Dairy Australia Limited on the same terms and
conditions as those that applied to the person, immediately before the
conversion time, as an employee of DRDC; and
(b) to have accrued an entitlement to benefits, in connection with that
engagement by Dairy Australia Limited, that is equivalent to the entitlement
that the person had accrued, as an employee of DRDC, immediately before the
conversion time.
(2) The service of a transferring DRDC employee as an
employee of Dairy Australia Limited is taken, for all purposes, to be continuous
with his or her service as an employee of DRDC.
(3) Except as provided by this Division, a transferring DRDC
employee is not entitled to receive any payment or other benefit merely because
of the operation of this Division.
ADC employees
(4) Except as provided by this Division, a transferring ADC
employee is not entitled to receive any payment or other benefit merely because
of the operation of this Part.
Other
(5) This section:
(a) has effect subject to this Division; and
(b) is not to be taken to be a law of the Commonwealth for the purposes of
paragraph 170XA(2)(b) of the Workplace Relations Act 1996.
(1) This Part does not prevent the terms and conditions of a transferring
ADC employee’s employment, or a transferring DRDC employee’s
employment, after the conversion time from being varied:
(a) in accordance with those terms and conditions; or
(b) by or under a law, award, determination or agreement.
(2) In this section:
award has the same meaning as in the Workplace Relations
Act 1996.
law means:
(a) a law of the Commonwealth or of a State or Territory; or
(b) regulations or any other instrument (other than an award,
determination or industrial agreement) made under such a law.
vary, in relation to terms and conditions,
includes:
(a) omitting any of those terms and conditions; or
(b) adding to those terms and conditions; or
(c) substituting new terms or conditions for any of those terms and
conditions.
Expressions that are defined in the SRC Act and used in this Subdivision
have the same meanings as in that Act.
The SRC Act continues to apply after the conversion time in relation
to:
(a) injuries suffered before that time by a transferring employee;
and
(b) loss of, or damage to, property incurred before that time by a
transferring employee.
After the conversion time, the Commonwealth:
(a) is liable to pay the liabilities of ADC under section 128A of the
SRC Act; and
(b) subject to section 26 of this Act, is taken to have been the
employer of the transferring ADC employees before the conversion time for the
purposes of the application of the SRC Act in relation to those
liabilities.
(1) If a transferring employee had, before the conversion time, suffered
an injury resulting in an incapacity for work or an impairment, Dairy Australia
Limited must, after that time, provide such reasonable co-operation and
assistance as the Commonwealth requires to enable the Commonwealth to fulfil its
obligations under sections 36, 37, 38, 39, 41 and 41A of the SRC Act in
relation to the transferring employee.
(2) After the conversion time, Dairy Australia Limited is, for the
purposes of section 40 of the SRC Act, taken to be the relevant employer of
each transferring employee.
(3) After the conversion time, Dairy Australia Limited is, for the
purposes of applying section 71 of the SRC Act in relation to each
transferring employee, taken to be a Commonwealth authority.
(1) Comcare must, as soon as practicable after the conversion time,
determine the amount (if any) by which the premium for ADC and DRDC for the
transitional financial year should be reduced.
(2) If:
(a) an amount equal to the premium for ADC or DRDC for the transitional
financial year has been paid under Division 4A of Part VII of the SRC
Act; and
(b) the amount of the premium is reduced as a result of a determination
under subsection (1);
the Secretary of the Department may, in writing, direct that an amount
equal to the refund amount, or amounts that together add up to the refund
amount, be paid to Dairy Australia Limited in accordance with the
direction.
(3) A direction by the Secretary of the Department may be given subject to
such conditions (if any) about the use or expenditure of the amount or amounts
to which it relates as are set out in the direction.
(4) If the Secretary of the Department gives a direction, the amount or
amounts to which it relates are payable to Dairy Australia Limited out of the
Consolidated Revenue Fund, which is appropriated accordingly.
(5) The payment of an amount under subsection (4) must be made in
accordance with the direction, and is subject to the conditions (if any) set out
in the direction.
(6) A copy of each direction must be published in the Gazette
within 14 days after the direction is given.
(7) The direction is not invalid merely because it has not been published
as required under subsection (6).
(8) In this section:
refund amount means the amount equal to the difference
between the amount of premium for ADC or DRDC for the transitional financial
year and the amount of that premium as reduced because of a determination under
subsection (1).
transitional financial year means the financial year in which
the conversion time occurs.
(1) This section applies in relation to a transferring employee
if:
(a) immediately before the conversion time, the employee was a female
employee of ADC or DRDC who was on leave granted under the Maternity Leave Act;
and
(b) the employee would have been entitled to have remained on that leave
after the conversion time if the employee had continued to be an employee of ADC
or DRDC.
(2) After the conversion time, the Maternity Leave Act continues to apply
to the employee in relation to the confinement in respect of which the leave was
granted as if Dairy Australia Limited were a prescribed authority for the
purposes of that Act.
(1) This section applies in relation to a transferring employee
if:
(a) immediately before the conversion time, the person was a female
employee of ADC or DRDC; and
(b) within 9 months after the conversion time, the employee would have
been entitled to start leave granted under the Maternity Leave Act if the
employee had continued to be an employee of ADC or DRDC.
(2) After the conversion time, the Maternity Leave Act continues to apply
to the employee in relation to the confinement in respect of which she would
have been entitled to leave as if Dairy Australia Limited were a prescribed
authority for the purposes of that Act.
Dairy Australia Limited is not an approved authority for the purposes of
the Superannuation Act 1976 or the Superannuation Act
1990.
(1) The Minister must not declare Dairy Australia Limited to be a relevant
body for the purposes of the Superannuation Benefits (Supervisory Mechanisms)
Act 1990.
(2) In this section:
Minister has the same meaning as in the Superannuation
Benefits (Supervisory Mechanisms) Act 1990.
Expressions that are defined in the Long Service Leave Act and used in
this Subdivision have the same meanings as in that Act.
(1) This section applies in relation to a transferring employee whose
period of service for the purposes of the Long Service Leave Act immediately
before the conversion time was less than 10 years.
(2) This section does not apply in relation to an employee who
dies.
(3) If the employee continues to be employed by Dairy Australia Limited
until his or her combined service period is at least 10 years, Dairy Australia
Limited may grant the employee long service leave on full salary for a period up
to the employee’s long service leave credit under subsection
36(1).
(4) If:
(a) the employee stops being an employee of Dairy Australia Limited on or
after reaching the minimum retiring age, or because of retrenchment;
and
(b) the employee’s combined service period at the time when he or
she stops being an employee of Dairy Australia Limited is at least one
year;
Dairy Australia Limited may grant the employee long service leave on full
salary for a period up to the employee’s long service leave credit under
subsection 36(1).
(5) If a period of long service leave may be granted to an employee under
subsection (3) or (4), Dairy Australia Limited may, if the employee asks in
writing, grant the employee long service leave on half salary for a period not
longer than twice the first-mentioned period.
(6) Long service leave granted in the circumstances set out in
subsection (4) must be taken so as to end immediately before the employee
stops being an employee.
(7) For the purposes of this section, the rate of salary to be used in
working out the full salary of an employee is the rate that would apply to the
employee under section 20 of the Long Service Leave Act if:
(a) that section applied to the employee; and
(b) for the expression “section 16 or 17” in that section
there were substituted the expression “section 33 of the Dairy
Industry Service Reform Act 2003”.
(1) This section applies to a transferring employee whose period of
service for the purposes of the Long Service Leave Act immediately before the
conversion time was less than 10 years.
(2) This section does not apply in relation to an employee who
dies.
(3) If the employee stops being an employee of Dairy Australia Limited on
or after the day on which his or her combined service period reaches 10 years,
Dairy Australia Limited must pay him or her an amount equal to full salary in
respect of his or her long service leave credit under subsection
36(2).
(4) If:
(a) the employee stops being an employee of Dairy Australia Limited, on or
after reaching the minimum retiring age, or because of retrenchment;
and
(b) at that time the employee’s combined service period is at least
one year;
Dairy Australia Limited must pay him or her an amount equal to full salary
in respect of his or her long service leave credit under subsection
36(2).
(5) If:
(a) the employee stops being an employee of Dairy Australia Limited;
and
(b) Dairy Australia Limited is satisfied that the employee left Dairy
Australia Limited’s employment because of ill-health that justified his or
her so leaving; and
(c) when the employee left, his or her combined service period was at
least one year;
Dairy Australia Limited must pay him or her an amount equal to full salary
in respect of his or her long service leave credit under subsection
36(2).
(6) For the purposes of this section, the rate of salary to be used in
working out the full salary of an employee is the rate that would apply to the
employee under section 21 of the Long Service Leave Act if:
(a) that section applied to the employee; and
(b) for the expression “sections 16 and 17” in that
section there were substituted the expression “section 34 of the
Dairy Industry Service Reform Act 2003”.
(1) This section applies to a transferring employee whose period of
service for the purposes of the Long Service Leave Act immediately before the
conversion time was less than 10 years.
(2) If the employee dies after the conversion time and immediately before
his or her death:
(a) the employee was an employee of Dairy Australia Limited; and
(b) the employee’s combined service period was at least one year;
and
(c) the employee had one or more dependants;
Dairy Australia Limited must make a payment to the dependant or
dependants.
(3) The total amount of the payment or payments is the amount that would
have been payable to the person under section 34 if, on the day of his or
her death, the person had instead stopped being an employee of Dairy Australia
Limited on or after reaching the minimum retiring age.
(4) If subsection (2) applies, section 23 of the Long Service
Leave Act has effect as if:
(a) that section applied to an employee of Dairy Australia Limited;
and
(b) a reference in that section to the approving authority were a
reference to Dairy Australia Limited; and
(c) for the expression “this Act” in that section there were
substituted the expression “section 35 of the Dairy Industry
Service Reform Act 2003”; and
(d) for the expression “subsection 16(7) or 17(5)” there were
substituted the expression “section 35 of the Dairy Industry
Service Reform Act 2003”.
(1) For the purposes of section 33, an employee’s long service
leave credit is equal to the long service leave credit that the employee would
have under the Long Service Leave Act for the period:
(a) beginning when the employee began his or her period of service;
and
(b) ending at the conversion time;
if the employee had been retrenched at the conversion time.
(2) For the purposes of section 34, an employee’s long service
leave credit is the employee’s long service leave credit worked out under
subsection (1) of this section reduced by any long service leave credit
used under section 33.
(1) This section applies to a transferring employee whose period of
service for the purposes of the Long Service Leave Act immediately before the
conversion time was at least 10 years.
(2) Even though the employee ceases to be employed in Government Service
for the purposes of the Long Service Leave Act, the employee’s accrued
rights under that Act continue. However, the employee is not entitled to receive
any payment because he or she ceases to be in Government Service.
(3) The Long Service Leave Act has effect after the conversion time in
relation to the employee’s rights under that Act that accrued before the
conversion time, as if Dairy Australia Limited were an approving authority for
the purposes of that Act.
(1) This Division does not affect an employee’s post-commencement
long service leave rights.
(2) In this section:
award has the same meaning as in the Workplace Relations
Act 1996.
law means:
(a) a law of the Commonwealth or of a State or Territory; or
(b) regulations or any other instrument (other than an award,
determination or industrial agreement) made under such a law.
post-commencement long service leave rights means any long
service leave rights the employee acquires after the conversion time under an
award, determination, industrial agreement or law (other than this
Act).
(1) This Part does not authorise a Commonwealth record (within the meaning
of the Archives Act 1983) to be transferred or otherwise dealt with
except in accordance with the provisions of that Act.
(2) A Commonwealth record (within the meaning of the Archives Act
1983) must not be transferred to a person under this Part unless the
National Archives of Australia has given permission under paragraph 24(2)(b) of
that Act.
A document that appears to be a certificate or other document made or
issued under this Part:
(a) is taken to be such a certificate or other document; and
(b) is taken to have been properly given;
unless the contrary is established.
(1) The Minister may, by writing, delegate all or any of his or her powers
and functions under this Act to:
(a) the Secretary of the Department; or
(b) an SES employee, or acting SES employee, in the Department.
(2) In exercising powers or functions under a delegation, the delegate
must comply with any directions of the Minister.
(1) If:
(a) apart from this section, the operation of this Act would result in the
acquisition of property from a person otherwise than on just terms;
and
(b) the acquisition would be invalid because of paragraph 51(xxxi) of the
Constitution;
the Commonwealth is liable to pay the person a reasonable amount of
compensation in respect of the acquisition.
(2) If the Commonwealth and the person do not agree on the amount of the
compensation, the person may institute proceedings in the Federal Court of
Australia for the recovery from the Commonwealth of such reasonable amount of
compensation as the court determines.
(3) In this section:
acquisition of property has the same meaning as in paragraph
51(xxxi) of the Constitution.
just terms has the same meaning as in paragraph 51(xxxi) of
the Constitution.
(1) The Governor-General may make regulations prescribing
matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving
effect to this Act.
(2) In particular, regulations may be made prescribing matters of a
transitional nature (including prescribing any saving or application provisions)
arising from:
(a) the amendments or repeals made by this Act; and
(b) the enactment of this Act.
Part 1—Amendment
of Dairy Produce Act 1986
1 Title
Omit “the Australian Dairy Corporation,”.
2 Subsection 3(1) (definition of acting Managing
Director)
Repeal the definition.
3 Subsection 3(1) (definition of annual
operational plan)
Repeal the definition.
4 Subsection 3(1) (definition of annual
report)
Repeal the definition.
5 Subsection 3(1) (definition of appointed
member)
Repeal the definition.
6 Subsection 3(1) (definition of
Chairperson)
Repeal the definition.
7 Subsection 3(1)
Insert:
conversion time means the time when Schedule 1 to the
Dairy Industry Service Reform Act 2003 commences.
8 Subsection 3(1) (definition of corporate
plan)
Repeal the definition.
9 Subsection 3(1) (definition of
Corporation)
Repeal the definition.
10 Subsection 3(1) (definition of Corporation
levy)
After “Schedule 6 to the Primary Industries (Excise) Levies
Act 1999”, insert “(as in force before the conversion
time)”.
11 Subsection 3(1) (paragraph (c) of the
definition of dairy produce)
Omit “Corporation”, substitute
“Minister”.
12 Subsection 3(1)
Insert:
dairy service levy means dairy service levy imposed by
Schedule 6 to the Primary Industries (Excise) Levies Act
1999.
13 Subsection 3(1)
Insert:
dairy service payments means payments referred to in
paragraph 5(1)(a).
14 Subsection 3(1) (definition of Deputy
Chairperson)
Repeal the definition.
15 Subsection 3(1) (definition of Domestic
Fund)
Repeal the definition.
16 Subsection 3(1)
Insert:
eligible body means a body that is registered under the
Corporations Act 2001 as a company limited by guarantee.
17 Subsection 3(1) (definition of equal
employment opportunity program)
Repeal the definition.
18 Subsection 3(1) (definition of
executive)
Repeal the definition.
19 Subsection 3(1)
Insert:
funding contract means a contract under
section 5.
20 Subsection 3(1) (definition of futures
contract)
Repeal the definition.
21 Subsection 3(1) (definition of futures
market)
Repeal the definition.
22 Subsection 3(1) (definition of Industry
Fund)
Repeal the definition.
23 Subsection 3(1)
Insert:
industry services body means the body declared as the
industry services body under section 7.
24 Subsection 3(1) (definition of Managing
Director)
Repeal the definition.
25 Subsection 3(1) (definition of Market Support
Fund)
Repeal the definition.
26 Subsection 3(1) (definition of market support
payment)
Repeal the definition.
27 Subsection 3(1)
Insert:
matching payments means payments referred to in paragraph
5(1)(b).
28 Subsection 3(1) (definition of
member)
Repeal the definition.
29 Subsection 3(1) (definition of money of the
Corporation)
Repeal the definition.
30 Subsection 3(1)
Insert:
new dairy levy amounts means:
(a) amounts of dairy service levy received by the Commonwealth after the
conversion time; and
(b) amounts received by the Commonwealth after the conversion time under
section 7 of the Levies and Charges Collection Act in relation to dairy
service levy; and
(c) amounts payable by way of penalty under section 15 of the Levies
and Charges Collection Act in relation to dairy service levy that are received
by the Commonwealth after the conversion time.
31 Subsection 3(1) (definition of old corporation
levy)
Repeal the definition.
32 Subsection 3(1)
Insert:
old dairy levy amounts means:
(a) amounts of Corporation levy, promotion levy or research levy received
by the Commonwealth after the conversion time; and
(b) amounts received by the Commonwealth after the conversion time under
section 7 of the Levies and Charges Collection Act in relation to
Corporation levy, promotion levy or research levy; and
(c) amounts of Corporation levy received by the Commonwealth before the
conversion time, but in respect of which a corresponding payment had not been
made out of the Consolidated Revenue Fund under section 71 of this Act
before the conversion time; and
(d) amounts received by the Commonwealth before the conversion time under
section 7 of the Levies and Charges Collection Act in relation to
Corporation levy, but in respect of which a corresponding payment had not been
made out of the Consolidated Revenue Fund under section 71 of this Act
before the conversion time; and
(e) amounts of promotion levy received by the Commonwealth before the
conversion time, but in respect of which a corresponding payment had not been
made out of the Consolidated Revenue Fund under section 90 of this Act
before the conversion time; and
(f) amounts received by the Commonwealth before the conversion time under
section 7 of the Levies and Charges Collection Act in relation to promotion
levy, but in respect of which a corresponding payment had not been made out of
the Consolidated Revenue Fund under section 90 of this Act before the
conversion time; and
(g) amounts of research levy received by the Commonwealth before the
conversion time, but in respect of which a corresponding payment had not been
made out of the Consolidated Revenue Fund under section 30 of the
Primary Industries and Energy Research and Development Act 1989 before
the conversion time; and
(h) amounts received by the Commonwealth before the conversion time under
section 7 of the Levies and Charges Collection Act in relation to research
levy, but in respect of which a corresponding payment had not been made out of
the Consolidated Revenue Fund under section 30 of the Primary Industries
and Energy Research and Development Act 1989 before the conversion time;
and
(i) amounts payable to the Dairy Research and Development Corporation
under paragraph 30(1)(b) of the Primary Industries and Energy Research and
Development Act 1989 before the conversion time, but not paid out of the
Consolidated Revenue Fund under that Act before the conversion
time.
33 Subsection 3(1) (definition of old dairy
products levy)
Repeal the definition.
34 Subsection 3(1) (definition of old market
support levy)
Repeal the definition.
35 Subsection 3(1) (definition of old promotion
levy)
Repeal the definition.
36 Subsection 3(1) (definition of old research
levy)
Repeal the definition.
37 Subsection 3(1) (definition of Promotion
Fund)
Repeal the definition.
38 Subsection 3(1) (definition of promotion
levy)
After “Schedule 6 to the Primary Industries (Excise) Levies
Act 1999”, insert “(as in force before the conversion
time)”.
39 Subsection 3(1) (definition of R&D
Corporation)
Repeal the definition.
40 Subsection 3(1) (definition of R&D
Fund)
Repeal the definition.
41 Subsection 3(1) (definition of relevant
fund)
Repeal the definition.
42 Subsection 3(1)
Insert:
research levy means research levy imposed by Schedule 6
to the Primary Industries (Excise) Levies Act 1999 (as in force before
the conversion time), and includes amounts of penalty (if any) payable under the
Levies and Charges Collection Act in relation to that levy.
43 Subsection 3(1) (definition of RIR&D
Corporation)
Repeal the definition.
44 Subsection 3(1) (definition of Selection
Committee)
Repeal the definition.
45 Subsection 3(1) (definition of WTO
Agreement)
Repeal the definition.
46 Subsection 3(1) (definition of WTO Agreement
day)
Repeal the definition.
47 Subsection 3(1) (definition of WTO Agreement
year)
Repeal the definition.
48 Subsection 3(1A)
Repeal the subsection.
49 Subsection 3(1B)
Repeal the subsection.
50 Section 3 (note)
Repeal the note.
51 Parts II to IV
Repeal the Parts, substitute:
(1) The Minister may, on behalf of the Commonwealth, enter into a contract
with an eligible body that provides for the Commonwealth to make payments of the
following kinds to the body:
(a) payments referred to as dairy service
payments;
(b) payments made in respect of particular financial years, referred to as
matching payments.
Note: After a contract has been entered into, the eligible
body can be declared as the industry services body under
section 7.
(2) Before entering into the contract, the Minister must be satisfied that
the terms of the contract make adequate provision to ensure that:
(a) dairy service payments are spent by the body on marketing, promotion,
strategic policy development, research and development activities or other
activities, for the benefit of the Australian dairy industry; and
(b) matching payments are spent by the body on research and development
activities for the benefit of the Australian dairy industry and the Australian
community generally.
(3) The contract does not have to oblige the Commonwealth to pay the full
amounts that could be paid out of the money appropriated under
section 6.
Note: For example, the contract may provide for payments
less than the limits specified in section 6 to take account of the costs of
collecting new dairy levy amounts or old dairy levy amounts and to take account
of refunds and payments made in error.
(4) The contract may include provisions relating to assets and liabilities
that are transferred to the body under the Dairy Industry Service Reform Act
2003. This subsection does not impliedly limit the matters that may be
included in the contract.
(5) This section does not impliedly limit the executive power of the
Commonwealth to enter into agreements.
(1) The Consolidated Revenue Fund is appropriated for the purposes of
payments by the Commonwealth under section 5.
Overall limit for dairy service payments
(2) For dairy service payments, the total limit on the appropriation is
the sum of:
(a) the total amount of new dairy levy amounts; and
(b) the total amount of old dairy levy amounts.
Overall limit for matching payments
(3) For matching payments, the total limit on the appropriation is the sum
of:
(a) the total amount of new dairy levy amounts; and
(b) the total amount of old dairy levy amounts.
Matching payments—annual limit
(4) For matching payments in respect of a particular financial year, the
limit on the appropriation is the lesser of:
(a) 0.5% of the amount determined by the Minister to be the gross value of
whole milk produced in Australia in that financial year; and
(b) 50% of the amount spent by the eligible body in that financial year on
activities that qualify, under the funding contract, as research and development
activities.
(5) For the purposes of subsection (4), the regulations may prescribe
the manner in which the Minister is to determine the gross value of whole milk
produced in Australia in a financial year.
Matching payments—unmatched R&D excess
(6) If there is an unmatched R&D excess for a financial year, the
amount spent by the eligible body in the following financial year on activities
that qualify, under the funding contract, as research and development activities
is taken, for the purposes of this section (including for the purposes of this
subsection and subsection (7)), to be increased by the amount of the
unmatched R&D excess.
Note: This means that research and development expenditure
that is not “50% matched” in one financial year because of the cap
in paragraph (4)(a) can be carried forward into later
years.
(7) For the purposes of subsection (6), there is an unmatched
R&D excess for a financial year if:
(a) the eligible body spends a particular amount (the R&D spend
amount) in the financial year on activities that qualify, under the
funding contract, as research and development activities; and
(b) because of the operation of paragraph (4)(a), the matching
payments for the financial year are less than 50% of the R&D spend
amount;
and the amount of the unmatched R&D excess is:
(1) The Minister may, in writing, declare an eligible body to be the
industry services body if:
(a) the Commonwealth and the eligible body have entered into a funding
contract; and
(b) the Minister is satisfied that, if the body is so declared, it will
comply with its obligations under the funding contract and this Act.
Note: Subsection 33(3) of the Acts Interpretation Act
1901 provides for the repeal, variation etc. of
instruments.
Declaration takes effect immediately
(2) A declaration under this section takes effect immediately after it is
made.
Tabling in Parliament
(3) The Minister must cause a copy of a declaration under this section to
be tabled in each House of the Parliament within 15 sitting days of that House
after the day on which the declaration is made.
The industry services body may use information provided to it under
subsection 27(3A) of the Levies and Charges Collection Act for any of the
following purposes:
(a) to determine whether a person is or remains eligible to be a member of
the industry services body;
(b) to maintain a register of members of the industry services
body;
(c) to maintain a register of those persons eligible to vote in a poll
mentioned in section 9;
(d) to make public any information of a statistical nature;
(e) in performing any of its functions under this Act or the funding
contract.
Note: Subsection 27(3A) of the Levies and Charges Collection
Act allows an authorised person under that Act to provide certain levy
information to the industry services body.
Recommendations
(1) The industry services body must make recommendations to the Minister
in relation to the amount of the dairy service levy. The recommendations must be
made by the times prescribed by the regulations.
Poll
(2) Before making each recommendation, the industry services body must
conduct a poll in accordance with the regulations. The recommendation must be in
accordance with the results of the poll.
(1) The Minister may, by writing, delegate all or any of his or her powers
and functions under this Part to:
(a) the Secretary of the Department; or
(b) an SES employee, or acting SES employee, in the Department.
(2) In exercising powers or functions under a delegation, the delegate
must comply with any directions of the Minister.
A document that appears to be a declaration or other document made or
issued under this Part:
(a) is taken to be such a declaration or other document; and
(b) is taken to have been properly given;
unless the contrary is established.
(1) A copy of each declaration made by the Minister under this Part must
be published in the Gazette not later than the 14th day after the day on
which the declaration is made.
(2) Failure to comply with this section does not affect the validity of a
declaration.
52 Sections 51 to 59
Repeal the sections, substitute:
In this Part:
export means export from Australia.
market means a place.
regulated dairy market, in relation to regulated dairy
produce, means a market that is declared to be a regulated dairy market in
relation to the produce under section 52.
regulated dairy produce means dairy produce that is declared
to be regulated dairy produce under section 52.
The regulations may declare that, on and after a specified day:
(a) specified dairy produce is regulated dairy produce; and
(b) a specified market is a regulated dairy market in respect of that
produce.
Export where no approval to do so
(1) A person is guilty of an offence if:
(a) the person exports regulated dairy produce to a regulated dairy market
in respect of that produce; and
(b) the person does not hold an approval issued in accordance with
section 54 in relation to that export.
Penalty: 180 penalty units.
Export in contravention of conditions of approval
(2) A person is guilty of an offence if:
(a) the person exports regulated dairy produce to a regulated dairy market
in respect of that produce; and
(b) the person holds an approval issued in accordance with section 54
in relation to that export but the export is not in accordance with the
conditions of that approval.
Penalty: 60 penalty units.
(1) The regulations may make provision for and in relation to the granting
of approvals to persons to export regulated dairy produce to regulated dairy
markets.
(2) Regulations made for the purposes of subsection (1) may make
provision for and in relation to any one or more of the following:
(a) the making of an application for an approval;
(b) the payment of fees to the Commonwealth in respect of such an
application;
(c) the waiver or remission of such fees;
(d) the grant of an approval;
(e) the grant of an approval subject to compliance with conditions by the
holder of the approval (which may include, but are not limited to, conditions
relating to matters occurring either before or after the export of the dairy
produce);
(f) whether an approval is in force in relation to exports during a
specified period or is in force in relation to a particular export
only;
(g) the variation of an approval or of a condition of an
approval;
(h) the revocation or suspension of an approval;
(i) the review of decisions made under the regulations.
(3) Regulations made for the purposes of subsection (1) may make
different provision in respect of matters arising in relation to different
regulated dairy produce and different regulated dairy markets.
(4) Subsection (3) does not, by implication, limit subsection 33(3A)
of the Acts Interpretation Act 1901.
53 Section 60
Omit “Neither this Part nor a direction under this Part
affects”, substitute “This Part does not affect”.
54 Part VII
Repeal the Part.
55 Subsections 109(1) and (2)
Repeal the subsections, substitute:
(1) For the purposes of this section, for so long as the industry services
body is in a position to control the operations of Asia Dairy Industries (H.K.)
Limited, a company incorporated in Hong Kong, that company is taken to be the
subsidiary company.
(2) If:
(a) the subsidiary company is wound-up; and
(b) the liabilities of the subsidiary company payable on the winding-up
are not able to be met in full from the assets of the subsidiary
company;
the industry services body is liable to meet those liabilities, to the
extent that they are not able to be met out of the assets of the subsidiary
company, as if the liabilities had been incurred by the industry services
body.
Note: The heading to section 109 is replaced by the
heading “Liability of industry services body for the subsidiary
company”.
56 Section 109A
Repeal the section.
57 Section 109B
Repeal the section.
58 Section 109C
Repeal the section.
59 Section 110
Repeal the section.
60 Section 114
Repeal the section.
61 Section 115
Repeal the section.
62 Section 117
Repeal the section.
63 Section 118
Repeal the section.
64 Subsection 119(1)
Omit “a member of the Corporation or of the staff assisting the
Corporation”, substitute “an officer or an employee of the industry
services body”.
65 Paragraph 119(2)(a)
Omit “as a member of the Corporation or as a member of the staff
assisting the Corporation”, substitute “or employment with the
industry services body and acquired under or for the purposes of this
Act”.
66 Paragraph 119(2)(b)
Repeal the paragraph, substitute:
(b) produce to any person:
(i) an application or other document given to the Australian Dairy
Corporation by a manufacturer of dairy produce for the purpose of obtaining a
market support payment under this Act as in force before the conversion time;
or
(ii) an application or other document given to that Corporation by a
person for the purposes of section 99 of this Act as in force before the
conversion time; or
(iii) a return furnished to that Corporation by an exporter of dairy
produce pursuant to section 110 of this Act as in force before the
conversion time.
67 Subsection 119(2A)
Omit “clause 42”, substitute
“clause 43”.
68 Subsection 119(4)
Omit “Corporation”, substitute “industry services
body”.
69 Sections 121 to 125
Repeal the sections.
70 Paragraph 126(c)
Repeal the paragraph.
71 Schedule 1
Repeal the Schedule.
72 Clause 2 of Schedule 2
(paragraphs (b) and (c) of the definition of
deliver)
Repeal the paragraphs, substitute:
(b) in relation to manufacturing milk covered by paragraph (a) of the
definition of manufacturing milk in this clause—deliver as
mentioned in that paragraph; and
(c) in relation to manufacturing milk covered by paragraph (b) of the
definition of manufacturing milk in this clause—use as
mentioned in that paragraph.
73 Clause 2 of Schedule 2 (definition of
manufacturing milk)
Repeal the definition, substitute:
manufacturing milk means:
(a) relevant dairy produce delivered by the producer to a manufacturer
during a month ending before 1 July 2000, in respect of which a domestic
market support payment has been paid under section 108A of this Act as in
force before the conversion time; or
(b) relevant dairy produce produced by a manufacturer and used by the
manufacturer, during a month ending before 1 July 2000, in the manufacture
of dairy produce, in respect of which a domestic market support payment has been
paid under section 108A of this Act as in force before the conversion
time;
other than market milk.
74 Paragraph 10(d) of
Schedule 2
Omit “by the Corporation”, substitute “out of the Dairy
Structural Adjustment Fund”.
75 Subclause 23(4) of
Schedule 2
Omit “by the Corporation”.
76 Subclause 23(5) of
Schedule 2
Omit “by the Corporation”.
77 Paragraph 37B(d) of
Schedule 2
Omit “by the Corporation”, substitute “out of the Dairy
Structural Adjustment Fund”.
78 Paragraph 43(3)(a) of
Schedule 2
After “SDA scheme”, insert “or is otherwise required by
any law of the Commonwealth”.
79 Clause 45 of
Schedule 2
Omit “Corporation”, substitute “industry services
body”.
Note: The heading to clause 45 is altered by omitting
“Corporation” and substituting “industry services
body”.
80 Subclause 46(1) of
Schedule 2
Omit “Corporation”, substitute “industry services
body”.
81 Subclause 48(1) of
Schedule 2
Omit “the Corporation to collect money”, substitute “for
the collection of money”.
Note: The heading to clause 48 is altered by omitting
“Corporation” and substituting “Industry services
body”.
82 Subclause 48(2) of
Schedule 2
Omit “Corporation”, substitute “industry services
body”.
83 Subclause 48(3) of
Schedule 2
Omit “Corporation”, substitute “industry services
body”.
84 Subclause 48(6) of
Schedule 2
Omit “Corporation”, substitute “industry services
body”.
85 Subclause 49(6) of
Schedule 2
Omit “Corporation”, substitute “industry services
body”.
86 Subclause 70(1) of
Schedule 2
Omit “Corporation”, substitute “industry services
body”.
Note: The heading to clause 70 is altered by omitting
“Corporation” and substituting “Industry services
body”.
87 Subclause 70(2) of
Schedule 2
Omit “Corporation” (first occurring), substitute
“industry services body”.
88 Subclause 70(2) of
Schedule 2
Omit “Corporation or of the Managing Director”, substitute
“industry services body”.
89 Subclause 70(3) of
Schedule 2
Omit “Corporation”, substitute “industry services
body”.
90 Paragraph 72(1)(b) of
Schedule 2
Omit “Corporation”, substitute “industry services
body”.
91 Subclause 72(7) of
Schedule 2
Repeal the subclause, substitute:
(7) A reference in this clause to a senior employee of the industry
services body is a reference to a person who:
(a) is an employee of the industry services body; and
(b) holds or performs the duties of a position of General
Manager.
92 Subclauses 77(2) and (3) of
Schedule 2
Repeal the subclauses.
93 After clause 77 of
Schedule 2
Insert:
(1) The industry services body must keep and administer the Dairy
Structural Adjustment Fund.
(2) The assets of the Dairy Structural Adjustment Fund are the property of
the industry services body, but must be kept separate from all other property
and must be held on trust by the body for the purposes of this Part.
(3) No stamp duty or other tax is payable under a law of a State or
Territory in respect of the operation of subclause (2).
The Dairy Structural Adjustment Fund consists of the following:
(a) money credited to the Fund under clause 78;
(b) investments the industry services body has as a result of investing
money in the Fund under clause 79B;
(c) all other money and property lawfully paid into, or forming part of,
the Fund.
(1) The industry services body may borrow money for the purpose of making
payments for which money of the Dairy Structural Adjustment Fund may be
expended.
(2) The industry services body may give security, including over the
assets of the Dairy Structural Adjustment Fund, in respect of the body’s
obligations in relation to a borrowing under subclause (1).
A funding contract with the industry services body may include provisions
relating to the Dairy Structural Adjustment Fund. This clause does not impliedly
limit the matters that may be included in the contract.
94 Paragraphs 78(a), (b), (c), (d), (e), (f) and
(fa) of Schedule 2
Omit “Corporation”, substitute “industry services
body”.
95 Paragraph 78(g) of
Schedule 2
Omit “Corporation as interest”, substitute “industry
services body as interest or profits”.
96 Paragraph 78(h) of
Schedule 2
Omit “Corporation under section 75”, substitute
“industry services body”.
97 Paragraph 78(i) of
Schedule 2
Omit “Corporation”, substitute “industry services
body”.
98 Paragraph 79(c) of
Schedule 2
Omit “Corporation”, substitute “industry services
body”.
99 Paragraph 79(d) of
Schedule 2
Repeal the paragraph.
100 Paragraph 79(g) of
Schedule 2
Omit “Corporation”, substitute “industry services
body”.
101 Paragraph 79(k) of
Schedule 2
Repeal the paragraph.
102 Paragraph 79(l) of
Schedule 2
Omit “Corporation”, substitute “industry services
body”.
103 Paragraph 79(m) of
Schedule 2
Omit “by the Corporation”.
104 Paragraph 79(n) of
Schedule 2
Omit “Corporation”, substitute “industry services
body”.
105 After clause 79 of
Schedule 2
Insert:
(1) Money in the Dairy Structural Adjustment Fund must:
(a) until applied for the purposes of this Part; or
(b) until invested under clause 79B;
be kept by the industry services body in an account or accounts with an
Australian ADI separate from any account or accounts in which other money is
kept.
(2) In this clause:
Australian ADI means:
(a) an ADI (authorised deposit-taking institution) within the meaning of
the Banking Act 1959; or
(b) a person who carries on State banking within the meaning of paragraph
51(xiii) of the Constitution.
Money in the Dairy Structural Adjustment Fund that is not immediately
required for the purposes of this Part may be invested in any way in which
trustees are for the time being authorised by a law in force in a State or
Territory to invest trust funds.
(1) The industry services body must, as soon as practicable after
30 June in each year, prepare and give to the Minister a report on the
administration of the Dairy Structural Adjustment Fund during the year that
ended on that 30 June.
(2) The Minister must cause a copy of each report to be tabled in each
House of the Parliament within 15 sitting days of that House after the day on
which the Minister receives the report.
106 Clause 80 of
Schedule 2
Omit “Corporation”, substitute “industry services
body”.
107 Clauses 81 and 82 of
Schedule 2
Repeal the clauses.
108 Subclause 83(1) of
Schedule 2
Omit “Corporation”, substitute “industry services
body”.
Note: The heading to clause 83 is altered by omitting
“Corporation” and substituting “industry services
body”.
109 Subclause 83(2) of
Schedule 2
Omit “Corporation”, substitute “industry services
body”.
110 Subclause 84(1) of
Schedule 2
Omit “Corporation”, substitute “industry services
body”.
Note: The heading to clause 84 is altered by omitting
“Corporation” and substituting “industry services
body”.
111 Subclause 85(1) of
Schedule 2
Omit “Corporation”, substitute “industry services
body”.
Note: The heading to clause 85 is altered by omitting
“Corporation” and substituting “industry services
body”.
112 Paragraph 94(2)(c) of
Schedule 2
Omit “by the Corporation”.
113 Paragraph 94(2)(d) of
Schedule 2
Omit “Corporation”, substitute “industry services
body”.
Part 2—Amendment
of other Acts
Administrative Decisions
(Judicial Review) Act 1977
114 Paragraph (k) of
Schedule 2
Omit “Australian Dairy Corporation”.
Equal Employment
Opportunity (Commonwealth Authorities) Act 1987
115 Subsection 3(1) (definition of
authority)
Omit all the words after “but does not include”, substitute
“a relevant employer as defined in section 3 of the Equal
Opportunity for Women in the Workplace Act 1999.”.
Farm Household Support Act
1992
116 Subsection 3(2)
Insert:
industry services body has the same meaning as in the
Dairy Produce Act 1986.
117 Paragraph 52A(5A)(b)
Omit “Australian Dairy Corporation”, substitute “industry
services body”.
118 Paragraph 52C(5)(b)
Omit “Australian Dairy Corporation”, substitute “industry
services body”.
119 Subsection 56(2A)
Omit “Australian Dairy Corporation” (wherever occurring),
substitute “industry services body”.
120 Subsection 56(3)
Omit “Australian Dairy Corporation” (wherever occurring),
substitute “industry services body”.
Primary Industries Levies
and Charges Collection Act 1991
121 After subsection 27(3)
Insert:
(3A) An authorised person may provide the following information to the
industry services body:
(a) the name, address, contact details and ABN of any person who has paid,
or is liable to pay, dairy levy;
(b) details relating to the amount of dairy levy that the person has paid,
or is liable to pay.
122 Subsection 27(4)
Insert:
ABN has the meaning given by section 41 of the A New
Tax System (Australian Business Number) Act 1999.
123 Subsection 27(4)
Insert:
dairy levy means levy that:
(a) is or has been collected under this Act; and
(b) is prescribed by regulations under this Act.
124 Subsection 27(4)
Insert:
industry services body has the same meaning as in the
Dairy Produce Act 1986.
Safety, Rehabilitation and
Compensation Act 1988
125 Subsection 128A(4) (paragraph (e) of the
definition of prescribed Commonwealth authority)
Repeal the paragraph.
Dairy Research and
Development Corporation Regulations 1990
126 The whole of the
regulations
Repeal the regulations.
Part 4—Transitional
provisions
127 Dairy produce
A product that is dairy produce, immediately before the commencement of
this item, under paragraph (c) of the definition of dairy produce
in subsection 3(1) of the Dairy Produce Act 1986 is taken, after
the commencement of this item, to continue to be dairy produce under that
paragraph.
128 Continuation of secrecy
obligations
Section 119 of the Dairy Produce Act 1986 as in force before
the commencement of this item continues to apply after the commencement of this
item to a person who, immediately before the commencement of this item, was a
person to whom that section applied as if the amendments to that section made by
this Schedule had not been made.
129 Final annual reports
(1) For the final reporting period, the directors of Dairy Australia
Limited must, in relation to the Australian Dairy Corporation and the Dairy
Research and Development Corporation, prepare the report referred to in
section 9 of the Commonwealth Authorities and Companies Act 1997.
The report may include such other matters as the directors consider
appropriate.
(2) For the purposes of this item, the final reporting period is to be
treated as a financial year.
(3) In this item:
final reporting period means the period that:
(a) started on 1 July 2002; and
(b) ends at the commencement of this item.