Western Australian Repealed Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Download] [Help]

This legislation has been repealed.

PLANT PESTS AND DISEASES (ERADICATION FUNDS) ACT 1974 - NOTES

Notes

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.

Compilation table

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)




AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback