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Horticulture Marketing and Research and Development Services (Repeals and Consequential Provisions) Bill 2000

Part 1 Preliminary

   

1   Short title

                   This Act may be cited as the Horticulture Marketing and Research and Development Services (Repeals and Consequential Provisions) Act 2000 .

2   Commencement

             (1)  Subject to this section, this Act commences at the same time as Part 2 of the Horticulture Marketing and Research and Development Services Act 2000.

             (2)  Schedules 1 (repeals) and 2 (consequential amendments) commence on the transfer day, immediately after the transfer of assets, liabilities and staff under Part 2.

Note:          See sections 12 and 13 for the transfer day, and the time at which the transfer occurs.

             (3)  Schedule 3 (references to Administrative Appeals Tribunal) commences at the later of:

                     (a)  the time when Parts 4 to 10 of the Act that establishes the Administrative Review Tribunal commence; and

                     (b)  the time immediately after the Horticulture Marketing and Research and Development Services Act 2000 receives the Royal Assent.

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 .

             (4)  Schedule 4 (operation of the Privacy Act) commences at the later of:

                     (a)  the time when Schedule 1 to the Privacy Amendment (Private Sector) Act 2000 commences; and

                     (b)  the time immediately after the Horticulture Marketing and Research and Development Services Act 2000 receives the Royal Assent.

3   Simplified outline

                   The following is a simplified outline of this Act:

This Act deals with the transition from the Australian Horticultural Corporation, Horticultural Research and Development Corporation and the Australian Dried Fruits Board to new bodies. The new bodies are those declared under the Horticulture Marketing and Research and Development Services Act 2000 .

The Minister must determine a transfer day (see section 12).

On the transfer day assets, liabilities and staff of the Corporations and the Board are transferred to the new industry services body (see Divisions 2, 3 and 4 of Part 2).

The system of export controls in place under the Australian Horticultural Corporation Act 1987 is kept in place for a maximum period of 2 years after the transfer day. Export controls on particular products can be phased out during the 2 year period, as controls on those products are brought in under the Horticulture Marketing and Research and Development Services Act 2000 (see Division 5 of Part 2 of this Act).

The Australian Horticultural Corporation Act 1987 and the Horticultural Research and Development Corporation Act 1987 are repealed once the assets, liabilities and staff of the bodies established by those Acts have been transferred to the new industry services body (see Schedule 1 to this Act).

4   Definitions

             (1)  In this Act, unless the contrary intention appears:

ADF Trust Amount has the meaning given by section 17.

APS employee has the same meaning as in the Public Service Act 1999 .

assets means any legal or equitable estate or interest of the authority in real or personal property (whether actual, contingent or prospective) and includes all rights, powers, privileges and immunities (whether actual, contingent or prospective).

assets official means a person or authority who, under a law, has responsibility for keeping a register in relation to assets of the kind concerned.

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 day, 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 .

Dried Fruits Trust has the meaning given by section 17.

employee , in relation to a statutory authority, means a person who was, immediately before the transfer day, an officer or an employee of the authority, and includes the Chief Executive Officer, Managing Director or General Manager of the authority.

industry export control body means the body for the time being declared to be the industry export control body under the Horticulture Marketing and Research and Development Services Act 2000 .

industry services body means the body for the time being declared to be the industry services body under the Horticulture Marketing and Research and Development Services Act 2000 .

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.

liabilities means all liabilities, duties and obligations, 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 day.

Maternity Leave Act means the Maternity Leave (Commonwealth Employees) Act 1973 , as in force immediately before the transfer day.

post-commencement long service leave rights , in relation to an employee, means any long service leave rights the employee acquires on or after the transfer day under an award, determination, industrial agreement or law (other than this Act).

previous employer , in relation to a transferred employee, means the statutory authority that employed the employee immediately before the transfer day.

SRC Act means the Safety, Rehabilitation and Compensation Act 1988 , as in force immediately before the transfer day.

statutory authority means:

                     (a)  the Australian Horticultural Corporation; or

                     (b)  the Horticultural Research and Development Corporation; or

                     (c)  the Australian Dried Fruits Board.

transfer day means the day specified by the Minister as the transfer day in a determination under section 12.

transferred employee means a person whose employment is transferred under section 24.

transitional period means the period of 24 months beginning on the transfer day.

             (2)  Expressions used in this Act that are defined in the Horticulture Marketing and Research and Development Services Act 2000 have the same meanings as they have in that Act.

             (3)  Expressions used in Subdivision F of Division 4 of Part 2 that are defined in the Long Service Leave Act have the same meanings as they have in that Act.

5   Crown to be bound

                   This Act binds the Crown in each of its capacities.

6   Extra-territorial operation

                   This Act applies both within and outside Australia.

7   Schedule(s)

                   Subject to section 2, each Act 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.