PIG INDUSTRY RESEARCH ACT 1975

No. 47 of 1975

An Act to amend the Pig Industry Research Act 1971.

BE IT ENACTED by the Queen, the Senate and the House of Representatives of Australia, as follows:—

Short title and citation.

1. (1) This Act may be cited as the Pig Industry Research Act 1975.

(2) The Pig Industry Research Act 1971 is in this Act referred to as the Principal Act.

(3) The Principal Act, as amended by this Act, may be cited as the Pig Industry Research Act 1971-1975.

Commencement.

2. This Act shall come into operation on the day on which it receives the Royal Assent.

Moneys to be paid into Research Account.

3. Section 5 of the Principal Act is amended—

(a) by omitting paragraph (a) of sub-section (1) and substituting the following paragraphs:—

“(a) amounts equal to the amounts from time to time received by Australia—

(i) as levy;

(ii) in discharge of the liability (other than a liability in respect of a penalty under sub-section (1) of section 7 of the Levy Collection Act) of a person under sub-section (1) of section 6 of the Levy Collection Act; and

(iii) as penalties under section 7 of the Levy Collection Act,

being amounts received in respect of pigs slaughtered before 1 July 1975;

“(aa) amounts equal to the prescribed proportion of the amounts from time to time received by Australia—

(i) as levy;

(ii) in discharge of the liability (other than a liability in respect of a penalty under sub-section (1) of section 7 of the Levy Collection Act) of a person under sub-section (1) of section 6 of the Levy Collection Act; and

(iii) as penalties under section 7 of the Levy Collection Act,

being amounts received in respect of pigs slaughtered on or after 1 July 1975; and”;

(b) by inserting after sub-section (1) the following sub-section:—

“(1a) For the purposes of paragraph (aa) of sub-section (1), the prescribed proportion, in relation to amounts from time to time received by Australia, being amounts in respect of pigs slaughtered during a period, is the proportion that the amount prescribed for the purposes of paragraph (a) of sub-section (1) of section 6 of the Levy Act in respect of that period bears to the aggregate of that amount and the amount prescribed for the purposes of paragraph (b) of sub-section (1) of section 6 of that Act in respect of that period.”; and

(c) by inserting in sub-section (3), after the word and symbol “paragraph (a)”, the words “, or sub-paragraph (i) or (ii) of paragraph (aa),”.

Application of the Research Account.

4. Section 6 of the Principal Act is amended—

(a) by inserting after sub-section (1) the following sub-section:—

“(1a) Sub-section (1), in so far as it relates to the payment of remuneration and allowances payable to a member or the deputy of a member, operates notwithstanding the Remuneration Tribunals Act 1973-1974.”; and

(b) by omitting from sub-section (2) the words “the last preceding sub-section” and substituting the word and figure “sub-section (1)”.

Pig Industry Research Committee.

5. Section 8 of the Principal Act is amended by omitting from paragraph (a) of sub-section (2) the word and figure “section 6” and substituting the words “paragraph (a) of sub-section (1) of section 6”.

6. (1) Section 14 of the Principal Act is repealed and the following section substituted:—

Remuneration, &c.

“14. (1) A member or the deputy of a member shall be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration by the Tribunal is in operation, he shall be paid remuneration at the rate that was applicable immediately before the commencement of this section.

“(2) A member or the deputy of a member shall be paid such allowances as are prescribed.

“(3) This section has effect subject to the Remuneration Tribunals Act 1973-1974.

“(4) If a member or the deputy of a member is also a member of the Parliament of Australia or of a State, he shall not be paid remuneration or allowances under sub-section (1) or (2) but shall, subject to the approval of the Minister, be reimbursed such expenses as he reasonably incurs by reason of his attendance at meetings of the Committee or, in the case of a member, of his engagement (whether in Australia or overseas), with the approval of the Committee, on business of the Committee.”.

(2) Regulations in force at the commencement of this section for the purposes of sub-section 14(1) of the Principal Act, to the extent that they prescribe expenses and allowances, continue in force as if made for the purposes of sub-section 14(2) of the Principal Act as amended by this Act.

Formal amendments.

7. The Principal Act is amended as set out in the Schedule.

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SCHEDULE Section 7

1. The following provisions of the Principal Act are amended by omitting the words “of this Act”, “of this section” and “of this paragraph” (wherever occurring):—

Sections 3 (definition of “nominated member”), 5(3), 6 and 7(2)(b).

2. The Principal Act is further amended as set out in the following table:—