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Pig Industry Bill 2001

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1998-1999-2000-2001

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

THE SENATE

 

 

Pig Industry Bill 2000

 

 

Schedule of the amendments made by the Senate

 

 

 

 

 

(1)     Clause 7, page 4 (after line 19), after the definition of Maternity Leave Act , insert:

Presiding Officer means:

                     (a)  in relation to the House of Representatives—the Speaker of the House of Representatives; and

                     (b)  in relation to the Senate—the President of the Senate.

(2)     Clause 11, page 11 (lines 3 to 9), omit the clause, substitute:

11  Declaration of industry services body

             (1)  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 the repeal, variation etc. of instruments.

             (2)  A declaration under this section must specify the day on and after which the relevant body is to be the industry services body. That day must not be earlier than the day after the day, or the later of the days (as the case may be), that paragraph (3)(a) is complied with.

             (3)  The Minister must cause a copy of each declaration under this section to be:

                     (a)  laid before each House of the Parliament or, if a House is not sitting, presented to the Presiding Officer of that House for circulation to the members of that House and tabling on the next sitting day, within 5 days after the declaration is made; and

                     (b)  published in the Gazette within 14 days after the declaration is made.

             (4)  For the purposes of subsection (3), if a House has been dissolved and the newly-elected House has not met when a declaration is provided to the Presiding Officer, circulation to the persons who were members of that House immediately before the dissolution is taken to be circulation to the members of the House.

             (5)  To avoid doubt, the function of a Presiding Officer of receiving, circulating and tabling a declaration under subsection (3) is a function of the Presiding Officer for the purposes of the Parliamentary Presiding Officers Act 1965 .

             (6)  The declaration is not invalid merely because it has not been published as required under subsection (3).

(3)     Clause 12, page 11 (line 28) to page 12 (line 1), omit subclause (3), substitute:

             (3)  Subject to subsection (3A), where the Minister gives a direction to the industry services body under subsection (1):

                     (a)  the Minister must cause a copy of the direction:

                              (i)  to be published in the Gazette as soon as practicable after giving the direction; and

                             (ii)  to be tabled in each House of the Parliament within 5 sitting days of that House after giving the direction; and

                     (b)  the annual reports of the body applicable to periods in which the direction has effect must include:

                              (i)  particulars of the direction; and

                             (ii)  an assessment of the impact that the direction has had on the operations of the body during the period.

          (3A)  Subsection (3) does not apply in relation to a particular direction if:

                     (a)  the Minister, on the recommendation of the industry services body, determines, in writing, that compliance with the subsection would, or would be likely to, prejudice the commercial activities of the body; or

                     (b)  the Minister determines, in writing, that compliance with the subsection would be contrary to the public interest.

 

 

 

 

 

 

 

HARRY EVANS

Clerk of the Senate

 

 

The Senate

26 March 2001