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Pig Industry Bill 2001

Part 4 Miscellaneous


43   Delegation

             (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.

44   Compensation for acquisition of property

             (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.

45  Commonwealth expenses in connection with abolition of statutory bodies etc.

             (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).

46   Regulations

             (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.