This legislation has been repealed.
1 This is a compilation of the Plant Pests and Diseases
(Eradication Funds) Act 1974 and includes the amendments made by the other
written laws referred to in the following table 1a, 6. The
table also contains information about any reprint.
Short title |
Number and year |
Assent |
Commencement |
---|---|---|---|
Skeleton Weed (Eradication Fund)
Act 1974 7 |
76 of 1974 |
10 Dec 1974 |
13 Dec 1974 (see s. 2 and Gazette
13 Dec 1974 p. 5321) |
Skeleton Weed (Eradication Fund) Act Amendment
Act 1976 |
89 of 1976 |
4 Nov 1976 |
4 Nov 1976 |
Skeleton Weed (Eradication Fund) Act Amendment
Act 1979 |
21 of 1979 |
30 Aug 1979 |
30 Aug 1979 |
Skeleton Weed (Eradication Fund) Amendment
Act 1980 |
56 of 1980 |
24 Nov 1980 |
24 Nov 1980 |
Skeleton Weed and Resistant Grain Insects (Eradication
Funds) Amendment Act 1982 |
27 of 1982 |
27 May 1982 |
27 May 1982 |
Skeleton Weed and Resistant Grain Insects
(Eradication Funds) Amendment Act 1985 |
67 of 1985 |
15 Nov 1985 |
1 Nov 1985 (see s. 2) |
Acts Amendment (Financial Administration and Audit)
Act 1985 s. 3 |
98 of 1985 |
4 Dec 1985 |
1 Jul 1986 (see s. 2 and Gazette
30 Jun 1986 p. 2255) |
Skeleton Weed and Resistant Grain Insects (Eradication
Funds) Amendment Act 1988 |
25 of 1988 |
31 Oct 1988 |
31 Oct 1988 (see s. 2) |
Agricultural Legislation (Penalties) Amendment
Act 1989 s. 3 |
20 of 1989 |
1 Dec 1989 |
15 Dec 1989 (see s. 2 and Gazette
15 Dec 1989 p. 4513) |
Skeleton Weed and Resistant Grain Insects
(Eradication Funds) Amendment Act 1991 |
23 of 1991 |
3 Oct 1991 |
3 Oct 1991 (see s. 2) |
Skeleton Weed and Resistant Grain Insects (Eradication
Funds) Amendment Act 1994 |
48 of 1994 |
4 Oct 1994 |
1 Nov 1994 |
Skeleton Weed and Resistant Grain Insects (Eradication
Funds) Amendment Act 1995 |
39 of 1995 |
29 Sep 1995 |
27 Oct 1995 |
Financial Legislation Amendment Act 1996
s. 64 |
49 of 1996 |
25 Oct 1996 |
25 Oct 1996 (see s. 2(1)) |
Skeleton Weed and Resistant Grain Insects (Eradication
Funds) Amendment Act 1996 8 |
53 of 1996 |
31 Oct 1996 |
31 Oct 1996 (see s. 2) |
Reprint of the Plant Pests and Diseases (Eradication
Funds) Act 1974 as at 30 Jul 1999 (includes amendments
listed above) |
|||
Plant Pests and Diseases (Eradication Funds) Amendment
Act 2000 |
15 of 2000 |
9 Jun 2000 |
9 Jun 2000 (see s. 2) |
Plant Pests and Diseases (Eradication Funds) Amendment
Act 2002 |
31 of 2002 |
28 Oct 2002 |
28 Oct 2002 (see s. 2) |
Plant Pests and Diseases (Eradication Funds) Amendment
Act 2003 |
57 of 2003 |
29 Oct 2003 |
29 Oct 2003 (see s. 2) |
Reprint 2: The Plant Pests and Diseases (Eradication
Funds) Act 1974 as at 12 Dec 2003 (includes amendments
listed above) |
|||
State Administrative Tribunal (Conferral of Jurisdiction)
Amendment and Repeal Act 2004 Pt. 2
Div. 105 9 |
55 of 2004 |
24 Nov 2004 |
1 Jan 2005 (see s. 2 and Gazette
31 Dec 2004 p. 7130) |
Machinery of Government (Miscellaneous Amendments)
Act 2006 Pt. 2 Div. 6 |
28 of 2006 |
26 Jun 2006 |
1 Jul 2006 (see s. 2 and Gazette
27 Jun 2006 p. 2347) |
Financial Legislation Amendment and Repeal Act 2006
s. 17 |
77 of 2006 |
21 Dec 2006 |
1 Feb 2007 (see s. 2(1) and Gazette
19 Jan 2007 p. 137) |
Reprint 3: The Plant Pests and Diseases (Eradication
Funds) Act 1974 as at 12 Sep 2008 (includes amendments
listed above) |
|||
This Act was repealed by the Biosecurity and
Agriculture Management (Repeal and Consequential Provisions) Act 2007 s. 68
(No. 24 of 2007) as at 14 Aug 2010 (see s. 2(1) and (5) and Gazette
13 Aug 2010 p. 4021 and Notice published in Gazette 13
Aug 2010 p. 4028). |
1a On the date as at which this compilation was prepared,
provisions referred to in the following table had not come into operation and
were therefore not included in this compilation. For the text of the provisions
see the endnotes referred to in the table.
Provisions
that have not come into operation
Short title |
Number and year |
Assent |
Commencement |
---|---|---|---|
Biosecurity and Agriculture Management (Repeal and
Consequential Provisions) Act 2007 s. 38, 70-73 and
92 10 |
24 of 2007 |
12 Oct 2007 |
To be proclaimed (see s. 2(1)) |
2 The Companies Act 1893 was repealed by the
Companies Act 1943, which was repealed by the Companies
Act 1961 s. 4 and 382(2) except in relation to Co-operative
Companies, in respect of which it may now be cited as the Companies
(Co-operative) Act 1943. The Companies Act 1961 was
superseded by the Companies (Western Australia) Code, see section 18
of the Companies (Application of Laws) Act 1981. The Companies
(Western Australia) Code was superseded by the Corporations Law which, on
15 July 2001, was superseded by the Corporations Act 2001
of the Commonwealth. See Part 13 Division 2 of the Corporations
(Western Australia) Act 1990 and Part 2 of the Corporations
(Ancillary Provisions) Act 2001 respectively.
3 Under the Alteration of Statutory Designations
Order 2006 a reference in a written law to the Department of
Agriculture is, unless the contrary is intended, to be read and construed as a
reference to the Department of Agriculture and Food.
4 Changed to Director General of Agriculture by s. 16 of the
Agriculture Act 1988, which was repealed by the
Biosecurity and Agriculture Management (Repeal and Consequential Provisions)
Act 2007 s. 8. In the Biosecurity and Agriculture Management Act 2007
s. 6 the term Director Generalmeans the chief executive officer of
the department principally assisting in the administration of
that Act.
5 Repealed by the Grain Marketing
Act 2002.
6 The Courts Legislation Amendment and Repeal
Act 2004 Sch. 2 cl. 38 was repealed by the Criminal Law and
Evidence Amendment Act 2008 s. 77(13).
7 Now known as the Plant Pests and Diseases (Eradication
Funds) Act 1974; short title changed (see note under
s. 1).
8 The Skeleton Weed and Resistant Grain Insects (Eradication
Funds) Amendment Act 1996 s. 8(2), (3) and (4) are transitional
provisions that are of no further effect.
9 The State Administrative Tribunal (Conferral of
Jurisdiction) Amendment and Repeal Act 2004 Pt. 5, the State
Administrative Tribunal Act 2004 s. 167 and 169, and the State
Administrative Tribunal Regulations 2004 r. 28 and 42 deal with
certain transitional issues some of which may be relevant for this
Act.
10 On the date as at which this compilation was prepared, the
Biosecurity and Agriculture Management (Repeal and Consequential Provisions)
Act 2007 s. 38, 70-73 and 92 had not come into operation.
They read as follows:
“
38. Plant Pests and Diseases (Eradication Funds) Act 1974
amended
(1) The amendments in this section are to the Plant Pests and Diseases
(Eradication Funds) Act 1974.
(2) After section 4 the following section is inserted —
“
4A. Authority has functions of Protection Board
(1) On and after the coming into operation of the Biosecurity and
Agriculture Management (Repeal and Consequential Provisions) Act 2007
section 34 —
(a) a reference in this Act to the Protection Board is to be taken to be a
reference to the Authority; and
(b) the Authority has all of the functions conferred on the Protection
Board under this Act.
(2) In this section —
Authority means the Western Australian Agriculture Authority
established under the Biosecurity and Agriculture Management
Act 2007.
”.
70. Meaning of terms used in this Subdivision
In this Subdivision, unless the contrary intention appears —
commencement day means the day on which section 68
comes into operation;
grain and seed crops account means the prescribed account
referred to in section 2(5)(a);
repealed Act means the Plant Pests and Diseases
(Eradication Funds) Act 1974.
71. Compensation claims made before repeal
(1) Despite section 68, an application for compensation under the
repealed Act that arose but was not fully dealt with before the commencement day
is to be dealt with under the repealed Act as if that Act had not been
repealed.
(2) The amount of any compensation payable on a claim referred to in
subsection (1) is to be paid from the grain and seed crops account.
72. Transfer and payment of skeleton weed moneys to relevant
account
(1) On and after the commencement day —
(a) all moneys standing to the credit of the Skeleton Weed Eradication
Fund established by the repealed Act section 5 (the Fund) are
to be credited to the grain and seed crops account, and the Skeleton Weed
Eradication Fund is then to be closed; and
(b) any contribution that —
(i) immediately before the commencement day is in the hands of a receiver
under the repealed Act for payment to the Fund; or
(ii) after the commencement day is deducted as mentioned in
subsection (2),
is to be paid to the grain and seed crops account.
(2) Sections 12 and 16 of the repealed Act are taken to continue to
apply after the commencement day in respect of any contribution that was
required to be, but that was not actually, deducted before that day.
73. Application of other Funds under the repealed Act
(1) This section applies to any moneys that after the commencement day are
standing to the credit of —
(a) the Resistant Grain Insects Eradication Fund established by the
repealed Act section 8A; or
(b) the Plant Diseases Eradication Fund established by the repealed Act
section 8D.
(2) On the commencement day any moneys referred to in subsection (1)
are to be credited to the grain and seed crops account, and the funds referred
to in subsection (1)(a) and (b) are then to be closed.
92. Plant Pests and Diseases (Eradication Funds) Act 1974
amended
(1) The amendments in this section are to the Plant Pests and Diseases
(Eradication Funds) Act 1974.
(2) Section 4(1) is amended as follows:
(a) by deleting the definition of “inspector” and inserting
instead —
“
inspectormeans an inspector appointed under the
Biosecurity and Agriculture Management Act 2007;
”;
(b) by deleting the definition of “resistant grain insects”
and inserting instead —
“
resistant grain insects means insects that belong to a class
of animals designated under subsection (3);
”.
(3) After section 4(2) the following subsection is
inserted —
“
(3) The Minister may, for the purposes of the definition of
“resistant grain insects” in subsection (1), by notice
published in the Gazette —
(a) designate any class of insects that —
(i) have a detrimental effect on grain; and
(ii) the Protection Board believes, on the basis of reasonable evidence
available to it, have a resistance to insecticides that are in general use to
such an extent as to render those insecticides inadequate for the eradication of
those insects;
and
(b) amend or revoke a designation made under this subsection.
”.
(4) Section 9(2b) is amended by deleting “the Plant Diseases
Act 1914” and inserting instead —
“ the Biosecurity and Agriculture Management
Act 2007 ”.
(5) Section 13(1) is amended by deleting “the Agriculture
and Related Resources Protection Act 1976 or Plant Diseases
Act 1914” and inserting instead —
“ the Biosecurity and Agriculture Management
Act 2007 ”.
(6) Section 13(4) is amended by deleting “the Agriculture
and Related Resources Protection Act 1976 or Plant Diseases
Act 1914” and inserting instead —
“ the Biosecurity and Agriculture Management
Act 2007 ”.
(7) Section 13(6) is amended by deleting “the Agriculture
and Related Resources Protection Act 1976 or Plant Diseases
Act 1914” and inserting instead —
“ the Biosecurity and Agriculture Management
Act 2007 ”.
(8) Section 14(2)(a) is amended by deleting “the Agriculture
and Related Resources Protection Act 1976” and inserting
instead —
“ the Biosecurity and Agriculture Management
Act 2007 ”.
(9) Section 14(3)(a) is amended by deleting “the Agriculture
and Related Resources Protection (Property Quarantine) Regulations 1981
made under the Agriculture and Related Resources Protection
Act 1976” and inserting instead —
“ the Biosecurity and Agriculture Management
Act 2007 ”.
”.
Defined
terms
[This is a list of terms defined and
the provisions where they are defined. The list is not part of the
law.]
Defined
term Provision(s)
Company 4(1)
contribution 4(1)
crop 4(1)
crop
year 4(1)
declared crop
year 4(1)
Department 4(1)
Director 4(1)
Director
General 17
Fund 4(1)
grain 4(1)
grower 4(1)
inspector 4(1)
lupins 4(1)
owner 4(1)
plant
disease 4(1)
Plant Diseases Eradication Fund 4(1)
Protection
Board 4(1)
receiver of grain or seed 4(1)
resistant grain
insects 4(1)
Resistant Grain Insects Eradication
Fund 4(1)
seed 4(1)
skeleton weed 4(1)