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This is a Bill, not an Act. For current law, see the Acts databases.
1998-1999-2000
The Parliament
of the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Pig Industry
Bill 2000
No. ,
2000
(Agriculture, Fisheries and
Forestry)
A Bill for an Act relating to the
pig industry
ISBN: 0642 454663
Contents
Part 1—Amendments and repeals of
Acts 31
Freedom of Information Act
1982 31
Pig Industry Act
1986 31
Pig Industry Act
2000 31
Primary Industries (Excise) Levies Act
1999 31
Safety, Rehabilitation and Compensation Act
1988 32
Part 2—Repeal of
regulations 33
Pig Research and Development Corporation
Regulations 33
Part 3—Transitional and
savings 34
A Bill for an Act relating to the pig
industry
The Parliament of Australia enacts:
This Act may be cited as the Pig Industry Act 2000.
(1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
(2) Schedule 1 (other than item 3) commences immediately after
the transfer time.
Note: Transfer time is defined in
section 7.
(3) Item 3 of Schedule 1 commences at the later of the following
times:
(a) immediately after the commencement of section 39;
(b) the commencement of Parts 4 to 10 of the Act that establishes the
Administrative Review Tribunal.
Note: The short title of the Act that establishes the
Administrative Review Tribunal is either the Administrative Review Tribunal
Act 2000 or the Administrative Review Tribunal Act
2001.
Subject to section 2, 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specified in a Schedule to this Act is amended or repealed as set out in the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 extends to acts, omissions, matters and things outside
Australia, whether or not in a foreign country.
In this Act, unless the contrary intention appears:
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.
award has the same meaning as in the Workplace Relations
Act 1996.
combined service period, in relation to an employee, means
the total of:
(a) the period that is, immediately before the transfer 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
the industry services body.
DFRDB Act means the Defence Force Retirement and Death
Benefits Act 1973.
eligible body has the meaning given by subsection
9(1).
employee:
(a) in relation to the Australian Pork Corporation, means a person who was
an officer or employee immediately before the transfer time; and
(b) in relation to the Pig Research and Development Corporation, means a
person who was an officer or employee (including the Executive Director)
immediately before the transfer time.
funding contract means a contract under
section 9.
industry services body means the body declared as the
industry services body under section 11.
instrument means:
(a) an Act or any instrument under an Act; or
(b) any other document.
Levies Collection Act means the Primary Industries Levies
and Charges Collection Act 1991.
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
transfer time.
marketing payments means payments referred to in paragraph
9(1)(a).
matching payments means payments referred to in paragraph
9(1)(c).
Maternity Leave Act means the Maternity Leave
(Commonwealth Employees) Act 1973, as in force immediately before the
transfer time.
R&D payments means payments referred to in paragraph
9(1)(b).
SRC Act means the Safety, Rehabilitation and Compensation
Act 1988, as in force immediately before the transfer time.
statutory authority means:
(a) the Australian Pork Corporation; or
(b) the Pig Research and Development Corporation.
successor body has the meaning given by
section 14.
transferring employee means a person who:
(a) was an employee of a statutory authority immediately before the
transfer time; and
(b) becomes an employee of the successor body at the transfer
time.
transfer time means the time declared as the transfer time
under section 13.
(1) It is a function of each statutory authority to plan, facilitate and
participate in:
(a) its abolition under this Act; and
(b) the implementation of this Act.
(2) Each statutory authority also has the function of providing funds to
another entity in order to:
(a) meet expenses or liabilities that the entity incurs in participating
in processes of the kind mentioned in subsection (1); or
(b) reimburse the entity for such expenses.
(3) The Minister may give a written direction to a statutory authority
about the performance of its functions under this section. The statutory
authority must comply with the direction.
(4) The Minister must cause a copy of a direction to be laid before each
House of the Parliament within 15 sitting days of that House after the direction
is given.
(5) In this section:
entity means any person or body (including the
Commonwealth).
(1) The Minister, on behalf of the Commonwealth, may enter into a contract
with an eligible body (or with an eligible body and other persons) that provides
for the Commonwealth to make payments of the following kinds to the
body:
(a) payments referred to as marketing payments;
(b) payments referred to as R&D payments;
(c) payments made in respect of particular financial years, referred to as
matching payments.
For this purpose, eligible body means a body that is
registered under the Corporations Law as a company limited by
guarantee.
Note: After a contract has been entered into, the eligible
body can be declared as the industry services body under
section 11.
(2) Before entering into the contract, the Minister must be satisfied that
the terms of the contract make adequate provision to ensure that:
(a) marketing payments are spent by the body on marketing, promotion,
strategic policy development or other activities, for the benefit of the
Australian pig industry; and
(b) R&D payments are spent by the body on research and development
activities for the benefit of the Australian pig industry; and
(c) matching payments are spent by the body on research and development
activities for the benefit of the Australian pig 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 10.
(4) The contract may include provisions relating to assets and liabilities
that are transferred to the eligible body under Division 4. 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 9.
Overall limit for marketing payments
(2) For marketing payments, the total limit on the appropriation is the
total amount of marketing levy received by the Commonwealth after 30 June
2000, less amounts that have been paid by the Commonwealth to the Australian
Pork Corporation before the transfer time in respect of that levy.
(3) In subsection (2):
marketing levy means any of the following:
(a) levy (new levy) covered by paragraph 3(b) of
Schedule 22 to the Primary Industries (Excise) Levies Act
1999;
(b) amounts received under section 7 of the Levies Collection Act in
relation to new levy;
(c) amounts payable by way of penalty under section 15 of the Levies
Collection Act in relation to new levy;
(d) levy (old levy) received under paragraph 6(1)(b) of the
repealed Pig Slaughter Levy Act 1971;
(e) amounts received under section 7 of the Levies Collection Act in
relation to old levy;
(f) amounts payable by way of penalty under section 15 of the Levies
Collection Act in relation to old levy;
(g) amounts received under section 6 of the repealed Pig Slaughter
Levy Collection Act 1971 in relation to old levy;
(h) amounts payable by way of penalty under section 7 of the repealed
Pig Slaughter Levy Collection Act 1971 in relation to old levy.
Overall limit for R&D payments
(4) For R&D payments, the total limit on the appropriation is the
total amount of R&D levy received by the Commonwealth after 30 June
2000, less amounts that have been paid by the Commonwealth to the Pig Research
and Development Corporation before the transfer time in respect of that
levy.
(5) In subsection (4):
R&D levy means any of the following:
(a) levy (new levy) covered by paragraph 3(a) of
Schedule 22 to the Primary Industries (Excise) Levies Act
1999;
(b) amounts received under section 7 of the Levies Collection Act in
relation to new levy;
(c) amounts payable by way of penalty under section 15 of the Levies
Collection Act in relation to new levy;
(d) levy (old levy) received under paragraph 6(1)(a) of the
repealed Pig Slaughter Levy Act 1971;
(e) amounts received under section 7 of the Levies Collection Act in
relation to old levy;
(f) amounts payable by way of penalty under section 15 of the Levies
Collection Act in relation to old levy;
(g) amounts received under section 6 of the repealed Pig Slaughter
Levy Collection Act 1971 in relation to old levy;
(h) amounts payable by way of penalty under section 7 of the repealed
Pig Slaughter Levy Collection Act 1971 in relation to old levy.
Overall limit for matching payments
(6) For matching payments, the total limit on the appropriation is the
total amount of levy received by the Commonwealth (either before or after the
commencement of this section), less amounts that have been paid by the
Commonwealth to the Pig Research and Development Corporation before the transfer
time, in respect of that levy, under paragraph 30(1)(b) of the Primary
Industries and Energy Research and Development Act 1989.
(7) In subsection (6):
levy means any of the following:
(a) levy (new levy) covered by paragraph 3(a) of
Schedule 22 to the Primary Industries (Excise) Levies Act
1999;
(b) amounts received under section 7 of the Levies Collection Act in
relation to new levy;
(c) levy (old levy) received under paragraph 6(1)(a) of the
repealed Pig Slaughter Levy Act 1971;
(d) amounts received under section 7 of the Levies Collection Act in
relation to old levy;
(e) amounts received under section 6 of the repealed Pig Slaughter
Levy Collection Act 1971 in relation to old levy.
Annual limit for matching payments
(8) 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
pig meat production 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.
(9) For the purposes of subsection (8), the regulations may prescribe
the manner in which the Minister is to determine the gross value of pig meat
production in Australia in a financial year.
If a funding contract has been made that provides for payments to be made
to an eligible body, the Minister may, in writing, declare that body to be the
industry services body for the purposes of this Act.
Note: Subsection 33(3) of the Acts Interpretation Act
1901 provides for repeal, variation etc. of instruments.
(1) The Minister may give a written direction to the industry services
body if:
(a) the Minister:
(i) is satisfied that the direction is in Australia’s national
interest because of exceptional and urgent circumstances; and
(ii) is satisfied that the direction would not require the body to incur
expenses greater than amounts paid to the body under this Act; and
(iii) has given the body’s directors an adequate opportunity to
discuss with the Minister the need for the proposed direction and the impact of
compliance with subsection (3) on the body’s commercial activities;
and
(b) the direction is made for a purpose that is within the
Commonwealth’s legislative power.
(2) The industry services body must comply with any direction given to it
under subsection (1).
(3) The Minister must cause a copy of a direction to be laid before each
House of the Parliament within 15 sitting days of that House after the direction
is given, unless the Minister makes a written determination that doing so would
be likely to prejudice:
(a) the national interest of Australia; or
(b) the body’s commercial activities.
(4) The Minister is not to be taken to be a director of the industry
services body for the purposes of the Corporations Law merely because of the
power conferred on the Minister by this section.
(5) The Commonwealth is not to be taken to be in a position to exercise
control over the industry services body merely because of the power conferred on
the Minister by this section.
The Minister must, in writing, declare the beginning of a specified day
to be the transfer time for the purposes of this Act.
The first body that is declared as the industry services body
automatically becomes the successor body.
(1) This section provides for an asset of a statutory authority (the
transferor) to become an asset of:
(a) the successor body (the transferee); or
(b) the Commonwealth (the transferee).
(2) The Minister may, in writing, make any or all of the following
declarations in relation to the asset:
(a) a declaration that the asset vests in the transferee at the transfer
time without any conveyance, transfer or assignment;
(b) a declaration that a specified instrument relating to the asset
continues to have effect after the transfer time as if a reference in the
instrument to the transferor were a reference to the transferee;
(c) a declaration that the transferee becomes the transferor’s
successor in law in relation to the asset immediately after the transfer
time.
Note: An asset or instrument may be specified by name, by
inclusion in a specified class or in any other way.
(3) The declaration has effect accordingly.
(4) The Minister, on behalf of the Commonwealth, may sell any asset that
vests in the Commonwealth under this section.
(1) This section provides for a liability of a statutory authority (the
transferor) to become a liability of:
(a) the successor body (the transferee); or
(b) the Commonwealth (the transferee).
(2) The Minister may, in writing, make any or all of the following
declarations in relation to the liability:
(a) a declaration that the liability vests in the transferee at the
transfer time without any conveyance, transfer or assignment;
(b) a declaration that a specified instrument relating to the liability
continues to have effect after the transfer time as if a reference in the
instrument to the transferor were a reference to the transferee;
(c) a declaration that the transferee becomes the transferor’s
successor in law in relation to the liability immediately after the transfer
time.
(3) The declaration has effect accordingly.
Note: For the purposes of this section, a liability or
instrument may be specified by name, by inclusion in a specified class or in any
other way.
(4) The Consolidated Revenue Fund is appropriated for the purposes of
payments by the Commonwealth for, or in connection with, the discharge of any
liabilities that become liabilities of the Commonwealth under this
section.
(1) The Minister may authorise payments by the Commonwealth to the
successor body.
(2) The Consolidated Revenue Fund is appropriated for payments under this
section.
(3) The limit on the appropriation is the sum of the following
amounts:
(a) the amount of any money that becomes an asset of the Commonwealth
under section 15;
(b) the proceeds of sale of any other asset that becomes an asset of the
Commonwealth under section 15;
(c) interest, dividends or other amounts derived from money covered by
paragraph (a) or (b) or from assets that become assets of the Commonwealth
under section 15;
reduced by the sum of payments referred to in subsection 45(1).
(1) This section applies if:
(a) any right, title or interest in particular land vests in the successor
body or the Commonwealth under this Division; and
(b) there is lodged with a land registration official a certificate
that:
(i) is signed by the Minister; and
(ii) identifies the land, whether by reference to a map or otherwise;
and
(iii) states that the right, title or interest has become vested in the
successor body or the Commonwealth under this Division.
(2) The land registration official may:
(a) register the matter in a way that is the same as, or similar to, the
way in which dealings in land of that kind are registered; and
(b) deal with, and give effect to, the certificate.
(3) The Lands Acquisition Act 1989 does not apply in relation to
anything done under this section.
(4) In this section:
land registration official, in relation to land, means the
Registrar of Titles or other proper officer of the State or Territory in which
the land is situated.
(1) This section applies if:
(a) an asset other than land vests in the successor body or the
Commonwealth 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 the successor body or the
Commonwealth 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.
(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 any of the following:
(a) the transfer or sale of an asset under section 15;
(b) the transfer of a liability under section 16;
(c) the discharge of a liability referred to in subsection
16(4);
(d) the operation of this Division in any other respect.
(1) For the purposes of the GST Law, the transfer of assets to the
successor body under section 15 of this Act is taken to be consideration
provided by the Commonwealth to the successor body for entering into obligations
under the funding contract that was entered into by the successor body under
section 9 of this Act.
(2) An expression that is used in this section and defined in the A New
Tax System (Goods and Services Tax) Act 1999 has the same meaning in this
section as it has in that Act.
(1) This section has effect for the purposes of applying a law or an award
to the employment by the successor body of a transferring employee.
(2) The service of the transferring employee as an employee of the
successor body is taken, for all purposes, to be continuous with his or her
service as an employee of a statutory authority.
(3) At the transfer time, the transferring employee is taken to have
accrued an entitlement to Long Service Leave Act benefits, recreation leave
benefits and sickness leave benefits, in connection with his or her employment
by the successor body, that is equivalent to the entitlement that the employee
had as an employee of the statutory authority immediately before the transfer
time.
(4) At the transfer time, the transferring employee is taken to have an
entitlement to recognition by the successor body of years of service, in
connection with his or her employment by the successor body, that is equivalent
to the entitlement that the employee had as an employee of the statutory
authority immediately before the transfer time.
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 transfer time in relation
to:
(a) injuries suffered before that time by an employee of a statutory
authority; and
(b) loss of, or damage to, property incurred before that time by an
employee of a statutory authority.
After the transfer time, the Commonwealth:
(a) is liable to pay the liabilities of the Australian Pork Corporation
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 employees of the Australian Pork Corporation before the transfer
time for the purposes of the application of the SRC Act in relation to those
liabilities.
(1) If a transferring employee had, before the transfer time, suffered an
injury resulting in an incapacity for work or an impairment, the industry
services body 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 transfer time, the industry services body is, for the
purposes of section 40 of the SRC Act, taken to be the relevant employer of
each transferring employee.
(3) After the transfer time, the industry services body 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) The Safety, Rehabilitation and Compensation Commission must, as soon
as practicable after the transfer time, determine the amount (if any) by which
the confirmed estimate of premium for each statutory authority for the
transitional financial year should be reduced.
(2) If:
(a) an amount equal to the confirmed estimate of premium for a statutory
authority for the transitional financial year has been paid to the Commonwealth
under section 96G of the SRC Act; and
(b) the amount of the confirmed estimate of premium is reduced as a result
of a determination under subsection (1);
the Minister 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 the
industry services body in accordance with the direction.
(3) A direction by the Minister 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 Minister gives a direction, the amount or amounts to which it
relates are payable to the industry services body 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) Failure to comply with subsection (6) does not affect the
validity of a direction.
(8) In this section:
refund amount means the amount equal to the difference
between:
(a) the amount of the confirmed estimate of premium for a statutory
authority for the transitional financial year; and
(b) the amount of that confirmed estimate as reduced because of a
determination under subsection (1).
transitional financial year means the financial year in which
the transfer time occurs.
(1) This section applies to a transferring employee if, immediately before
the transfer time, the employee was a person to whom deferred benefits were
applicable under section 78 of the DFRDB Act.
(2) For the purposes of Division 3 of Part IX of the DFRDB Act,
the employee is taken to continue in public employment after the transfer time
while the employee continues to be employed by the industry services
body.
(3) This section is subject to Division 3 of Part IX of the
DFRDB Act.
(1) This section applies in relation to a transferring employee
if:
(a) immediately before the transfer time, the employee was a female
employee of a statutory authority 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 transfer time if the employee had continued to be an employee of the
statutory authority.
(2) After the transfer 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 the industry services body 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 transfer time, the employee was a female
employee of a statutory authority; and
(b) within 9 months after the transfer 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 the statutory authority.
(2) After the transfer 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 the industry services body were a prescribed
authority for the purposes of that Act.
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 transfer 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 the industry services body
until his or her combined service period is at least 10 years, the industry
services body may grant the employee long service leave on full salary for a
period up to the employee’s long service leave credit under subsection
35(1).
(4) If:
(a) the employee stops being an employee of the industry services body 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 the industry services body is at least one
year;
the industry services body may grant the employee long service leave on
full salary for a period up to the employee’s long service leave credit
under subsection 35(1).
(5) If a period of long service leave may be granted to an employee under
subsection (3) or (4), the industry services body 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 32 of the Pig
Industry Act 2000”.
(1) This section applies to a transferring employee whose period of
service for the purposes of the Long Service Leave Act immediately before the
transfer 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 the industry services body
on or after the day on which his or her combined service period reaches 10
years, the industry services body must pay him or her an amount equal to full
salary in respect of his or her long service leave credit under subsection
35(2).
(4) If:
(a) the employee stops being an employee of the industry services body 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;
the industry services body must pay him or her an amount equal to full
salary in respect of his or her long service leave credit under subsection
35(2).
(5) If:
(a) the employee stops being an employee of the industry services body;
and
(b) the industry services body is satisfied that the employee left the
industry services body’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;
the industry services body must pay him or her an amount equal to full
salary in respect of his or her long service leave credit under subsection
35(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 33 of the
Pig Industry Act 2000 ”.
(1) This section applies to a transferring employee whose period of
service for the purposes of the Long Service Leave Act immediately before the
transfer time was less than 10 years.
(2) If the employee dies after the transfer time and, immediately before
his or her death:
(a) the employee was an employee of the industry services body;
and
(b) the employee’s combined service period was at least one year;
and
(c) the employee had one or more dependants;
the industry services body 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 employee under section 33 if, on the day of his or
her death, the employee had instead stopped being an employee of the industry
services body 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 the industry services body;
and
(b) a reference in that section to the approving authority were a
reference to the industry services body; and
(c) for the expression “this Act” in that section there were
substituted the expression “section 34 of the Pig Industry Act
2000”; and
(d) for the expression “subsection 16(7) or 17(5)” there were
substituted the expression “section 34 of the Pig Industry Act
2000”.
(1) For the purposes of section 32, an employee’s long service
leave credit is equal to the long service leave credit that the employee would
have had 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 transfer time;
if the employee had been retrenched at the transfer time.
(2) For the purposes of section 33, an employee’s long service
leave credit is the employee’s long service leave credit worked out under
subsection (1) reduced by any long service leave credit used under
section 32.
(1) This section applies to a transferring employee whose period of
service for the purposes of the Long Service Leave Act immediately before the
transfer 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 transfer time, in
relation to the employee’s rights under that Act that accrued before the
transfer time, as if the industry services body 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:
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 transfer time under an
award, determination, industrial agreement or law (other than this
Act).
If a transferring employee had rights under section 6 or 7 of the
Public Employment (Consequential and Transitional) Amendment Act 1999
immediately before the transfer time, the employee ceases to have those rights,
and ceases to be an APS employee, at the transfer time.
(1) A transferring employee who is employed by the successor body on
equivalent terms and conditions is not entitled to receive any payment or other
benefit merely because his or her employment by a statutory authority was
terminated by the operation of this Act.
(2) For the purposes of this section, the question whether the terms and
conditions of employment of a person are, when taken as a whole, at least
equivalent to other terms and conditions of employment, taken as a whole, that
applied to the person at a particular time is to be determined in writing by the
Minister.
(3) Applications may be made to the Administrative Appeals Tribunal for
review of a decision of the Minister under subsection (2).
(4) In this section:
equivalent terms and conditions means terms and conditions
that, taken as a whole, are at least equivalent to the terms and conditions of
employment, taken as a whole, that applied to the transferring employee at the
time when he or she agreed to be employed by the successor body.
(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, declaration or other
document made or issued under this Part:
(a) is taken to be such a certificate, 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.
(1) The Minister may 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 Consolidated Revenue Fund is appropriated for the purpose of the
following payments by the Commonwealth:
(a) payments for the purpose of meeting expenses or liabilities that the
Commonwealth incurs in participating in processes of the kind mentioned in
subsection 8(1);
(b) payments to another person or body in order to reimburse that person
or body for expenses that the person or body incurs in participating in those
processes.
(2) The limit on the appropriation is the sum of the amounts referred to
in paragraphs 17(3)(a), (b) and (c), reduced by the sum of payments made under
subsection 17(1).
(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 for matters of a transitional
or saving nature arising from the amendments or repeals made by this
Act.
Part 1—Amendments
and repeals of Acts
Freedom of Information Act
1982
1 Division 1 of Part II of
Schedule 2
Omit “Australian Pork Corporation, in relation to documents in
respect of its commercial activities”.
2 The whole of the Act
Repeal the Act.
3 Subsection 39(3)
Omit “Appeals”, substitute “Review”.
Primary Industries
(Excise) Levies Act 1999
4 Clause 1 of Schedule 22 (definition
of Corporation)
Repeal the definition.
5 Clause 1 of
Schedule 22
Insert:
industry services body has the same meaning as in the Pig
Industry Act 2000.
6 Clause 1 of Schedule 22 (definition
of R&D authority)
Repeal the definition.
7 Clause 1 of Schedule 22 (definition
of R&D Corporation)
Repeal the definition.
8 Clause 1 of Schedule 22 (definition
of R&D Council)
Repeal the definition.
9 Clause 1 of Schedule 22 (definition
of R&D Fund)
Repeal the definition.
10 Clause 3 of Schedule 22 (notes 1
and 2)
Repeal the notes, substitute:
Note 1: Paragraph (a) identifies amounts that are
available for R&D payments under section 9 of the Pig
Industry Act 2000.
Note 2: Paragraph (b) identifies amounts that are
available for marketing payments under section 9 of the
Pig Industry Act 2000.
11 Subclause 5(1) of
Schedule 22
Omit “R&D authority”, substitute “industry services
body”.
12 Subclause 5(1) of
Schedule 22
Omit “that authority”, substitute “that
body”.
13 Subclause 5(2) of
Schedule 22
Omit “Corporation” (first occurring), substitute
“industry services body”.
14 Subclause 5(2) of
Schedule 22
Omit “Corporation” (last occurring), substitute
“body”.
Safety, Rehabilitation and
Compensation Act 1988
15 Subsection 128A(4) (paragraph (m) of the
definition of prescribed Commonwealth authority)
Repeal the paragraph.
Pig Research and
Development Corporation Regulations
16 The Pig Research and Development Corporation
Regulations
Repeal the regulations.
Part 3—Transitional
and savings
17 Final annual reports for abolished
bodies
(1) For the final reporting period, the final directors of the Australian
Pork Corporation must, in relation to that Corporation, prepare the report
referred to in section 9 of the Commonwealth Authorities and Companies
Act 1997. The report must include the matters mentioned in section 34
of the Pig Industry Act 1986.
(2) For the final reporting period, the final directors of the Pig Research
and Development Corporation must, in relation to that Corporation, prepare the
report referred to in section 9 of the Commonwealth Authorities and
Companies Act 1997. The report must include the matters mentioned in
section 28 of the Primary Industries and Energy Research and Development
Act 1989.
(3) For the purposes of this item, the final reporting period is to be
treated as a financial year.
(4) For the purposes only of preparing the report, the final directors are
to be treated as continuing to be directors, and are entitled to receive the
remuneration and allowances they would have been entitled to receive if the
Corporation concerned had not been abolished.
(5) The expenses (including remuneration and allowances) of preparation of
the final reports are to be paid or discharged by the Commonwealth. The
Consolidated Revenue Fund is appropriated for that purpose.
(6) In this item:
director has the same meaning as in the Commonwealth
Authorities and Companies Act 1997.
final director means a person who was a director immediately
before the transfer time.
final reporting period means the period that:
(a) starts at the beginning of the financial year in which the transfer
time occurred; and
(b) ends immediately before the transfer time.