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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Forests (Wood Pulp Agreement) Repeal Bill 2018
TABLE OF PROVISIONS
Clause Page
Part 1--Preliminary 1
1 Purposes 1
2 Commencement 2
3 Definitions 2
Part 2--Repeal of Forests (Wood Pulp Agreement) Act 1996 3
4 Repeal of Forests (Wood Pulp Agreement) Act 1996 3
Part 3--Effect of repeal of Act and termination of Agreement 4
5 Effect of repeal--termination of Agreement 4
6 Effect of termination of Agreement 4
7 No enforcement of Agreement 4
8 Liability of the Crown in contract 5
Part 4--Consequential amendments 6
9 Sustainable Forests (Timber) Act 2004 6
10 Victorian Plantations Corporation Act 1993 6
11 Repeal of Forests (Wood Pulp Agreements) Act 1974 6
12 Repeal of Part 4 6
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Endnotes 7
1 General information 7
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PARLIAMENT OF VICTORIA
Introduced in the Council by Samantha Dunn
Forests (Wood Pulp Agreement) Repeal
Bill 2018
A Bill for an Act to repeal the Forests (Wood Pulp Agreement)
Act 1996, to terminate the Agreement set out in the Schedule to
that Act and to provide that any rights, privileges, obligations or
liabilities under that Agreement cease to exist on that
termination and for other purposes.
The Parliament of Victoria enacts:
Part 1--Preliminary
1 Purposes
The purposes of this Act are--
(a) to repeal the Forests (Wood Pulp
5 Agreement) Act 1996; and
(b) to terminate the Agreement set out
in the Schedule to that Act; and
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Forests (Wood Pulp Agreement) Repeal Bill 2018
Part 1--Preliminary
(c) to provide that any rights, privileges,
obligations or liabilities under that
Agreement cease to exist on that termination.
2 Commencement
5 This Act comes into operation on the day after the
day this Act receives the Royal Assent.
3 Definitions
In this Act--
Agreement means the agreement--
10 (a) set out in the Schedule to the Forests
(Wood Pulp Agreement) Act 1996
(as in force immediately before its
repeal); and
(b) as from time to time amended in
15 accordance with the provisions
contained in the Agreement;
Company has the meaning given in clause 1 of the
Agreement (as in force immediately before
its termination);
20 Secretary has the meaning given in clause 1 of the
Agreement (as in force immediately before
its termination).
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Forests (Wood Pulp Agreement) Repeal Bill 2018
Part 2--Repeal of Forests (Wood Pulp Agreement) Act 1996
Part 2--Repeal of Forests (Wood Pulp
Agreement) Act 1996
4 Repeal of Forests (Wood Pulp Agreement) Act 1996
The Forests (Wood Pulp Agreement) Act 1996
5 is repealed.
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Forests (Wood Pulp Agreement) Repeal Bill 2018
Part 3--Effect of repeal of Act and termination of Agreement
Part 3--Effect of repeal of Act and
termination of Agreement
5 Effect of repeal--termination of Agreement
(1) The Agreement ratified and given effect by the
5 Forests (Wood Pulp Agreement) Act 1996 (as in
force immediately before its repeal) terminates on
the repeal of that Act by section 4.
(2) The Agreement ceases to have any force or effect
on and from its termination.
10 6 Effect of termination of Agreement
Despite anything to the contrary in
section 14(2)(e) of the Interpretation of
Legislation Act 1984, on the termination of the
Agreement--
15 (a) any right, privilege, obligation or liability
of the Company that is acquired, accrued or
incurred under the Agreement (as in force
immediately before its termination) ceases
to exist; and
20 (b) any right, privilege, obligation or liability
of the Secretary that is acquired, accrued or
incurred under the Agreement (as in force
immediately before its termination) ceases
to exist.
25 7 No enforcement of Agreement
(1) On the termination of the Agreement, no person
who was party to the Agreement--
(a) may enforce the Agreement (as in force
immediately before its termination); or
30 (b) incurs liability for breach of contract merely
because of the termination of the Agreement.
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Forests (Wood Pulp Agreement) Repeal Bill 2018
Part 3--Effect of repeal of Act and termination of Agreement
(2) Without limiting subsection (1), on the
termination of the Agreement any claim of
the Company against the Secretary for any
non-fulfilment of the Secretary's obligations
5 under clause 14 of the Agreement (as in force
immediately before its termination) is void and
unenforceable.
8 Liability of the Crown in contract
This Part applies despite anything to the contrary
10 in Part II of the Crown Proceedings Act 1958.
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Forests (Wood Pulp Agreement) Repeal Bill 2018
Part 4--Consequential amendments
Part 4--Consequential amendments
9 Sustainable Forests (Timber) Act 2004
In section 3 of the Sustainable Forests (Timber)
Act 2004, paragraph (b) of the definition of
5 timber harvesting operations is repealed.
10 Victorian Plantations Corporation Act 1993
Items 1, 2 and 3 of Schedule 4 to the Victorian
Plantations Corporation Act 1993 are repealed.
11 Repeal of Forests (Wood Pulp Agreements)
10 Act 1974
The Forests (Wood Pulp Agreements) Act 1974
is repealed.
12 Repeal of Part 4
This Part is repealed on the first anniversary of
15 the day on which all of its provisions have come
into operation.
Note
The repeal of this Part does not affect the continuing operation
of the amendments made by it (see section 15(1) of the
20 Interpretation of Legislation Act 1984).
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Forests (Wood Pulp Agreement) Repeal Bill 2018
Endnotes
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current
authorised versions of legislation and up-to-date legislative information.
By Authority. Government Printer for the State of Victoria.
581PM40B.I-21/8/2018 7 BILL LC INTRODUCTION 21/8/2018
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