Pig Industry (Transitional Provisions) Act 1986

No. 158 of 1986

An Act to repeal certain Acts, and to enact transitional provisions, in consequence of the enactment of the Pig Industry Act 1986

[Assented to 18 December 1986]

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Pig Industry (Transitional Provisions) Act 1986.

2 Commencement

(1) Subject to subsection (2), this Act shall come into operation on the day on which it receives the Royal Assent.

(2) Sections 5 to 11 (inclusive) shall come into operation on the day fixed by Proclamation for the purposes of subsection 2(2) of the Pig Industry Act 1986.

3 Interpretation

In this Act:

Corporation means the Australian Pork Corporation referred in the Pig Industry Act 1986.

Promotion Committee means the Pork Promotion Committee referred to in section 8 of the Pork Promotion Act 1975.

Selection Committee means the Australian Pork Corporation Selection Committee established by the Pig Industry Act 1986.

4 Application of money of Promotion Committee, etc.

(1) Notwithstanding anything in the Pork Promotion Act 1975 or any other Act, the Promotion Committee is liable, until the commencement of section 5 of the Pig Industry Act 1986:

(a) to pay the expenses, and discharge the liabilities, incurred or undertaken by the Selection Committee; and

(b) to pay any remuneration or allowances payable under Division 9 of Part II of the Pig Industry Act 1986;

and the money of the Promotion Committee may be applied in making any such payments or in discharging any such liabilities.

(2) The Selection Committee shall pay to the Promotion Committee any money received by it before the commencement of section 5 of the Pig Industry Act 1986.

5 Repeal

The following Acts are repealed:

Pig Meat Promotion Act 1975.

Pig Meat Promotion Amendment Act 1980.

Pig Meat Legislation Amendment Act 1984.

6 Members of Promotion Committee cease to hold office

On the commencement of this section, the members and the Chairman of the Promotion Committee cease to hold office.

7 Application of money of Corporation

Notwithstanding anything in Part II of the Pig Industry Act 1986, the Corporation is liable to pay the expenses, and discharge the liabilities, incurred or undertaken by the Promotion Committee before the commencement of this section and the money of the Corporation may be applied in making any such payments or in discharging any such liabilities.

8 Judicial notice

All courts, judges and persons acting judicially shall take judicial notice of the imprint of the seal of the Promotion Committee appearing on a document that was executed before the commencement of this section and shall presume that the seal was duly affixed.

9 Annual report and financial statements

(1) If the Promotion Committee had not, before the commencement of this section, furnished a report and financial statement in relation to the operations of the Promotion Committee during the year that ended on 30 June last preceding the commencement of this section, the Corporation shall cause to be prepared a report and financial statement on the operations of the Promotion Committee during that year, in accordance with section 63M of the Audit Act 1901 and, notwithstanding the repeals effected by this Act, that section continues to apply for the purpose of the preparation of that report and financial statement.

(2) If the day on which this section comes into operation is a day other than 1 July, the report and financial statement in relation to the operations of the Corporation during the year ending on 30 June next following the commencement of this section that is required to be prepared by section 34 of the Pig Industry Act 1986 shall include a report and financial statement in relation to the operations of the Promotion Committee during the part of that year that preceded the commencement of this section.

10 Transitional

(1) An act or thing done before the commencement of this section by the Promotion Committee under section 7, 8BA or 14A of the Pork Promotion Act 1975 or under section 63J or 63M of the Audit Act 1901 has effect, after the commencement of this section, as if it had been done by the Corporation under the corresponding provision of Part II of the Pig Industry Act 1986.

(2) For the purposes of subsection (1), section 8 of the Pig Industry Act 1986 shall be taken to correspond to section 7 of the Pork Promotion Act 1975.

11 Act not to affect Acts Interpretation Act

Nothing in this Act affects the operation of section 25B of the Acts Interpretation Act 1901.