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Egg Industry Service Provision Bill 2002

Part 2 Declaration of the industry services body


6   Declaration of industry services body

             (1)  The Minister may, in writing, declare an eligible body to be the industry services body if:

                     (a)  the Minister is satisfied that, if the body is so declared, it will comply with its obligations under the funding contract and this Act; and

                     (b)  the Commonwealth and the eligible body have entered into a funding contract.

Note 1:       For information about the assets and liabilities of the eligible body first declared as the industry services body, see the Egg Industry Service Provision (Transitional and Consequential Provisions) Act 2002 .

Note 2:       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)  A declaration is not invalid merely because it has not been published as required under paragraph (3)(b).