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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Citrus Industry (Winding up) Amendment
Bill 2012
A BILL FOR
An Act to amend the Citrus
Industry Act 2005.
Contents
Part 1—Preliminary
1Short
title
2Commencement
3Amendment
provisions
Part 2—Amendment of Citrus Industry
Act 2005
4Insertion of Part 6, 7 and 8
Part 6—Winding
up
28Winding
up
Part 7—Powers of Minister to gather
information
29Powers of
Minister to gather information
Part 8—Expiry of
Act
30Expiry of
Act
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Citrus Industry (Winding up) Amendment
Act 2012.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Citrus Industry
Act 2005
4—Insertion
of Part 6, 7 and 8
After Part 5 insert:
Part 6—Winding up
28—Winding up
(1) Despite the other provisions of this Act—
(a) the Board is constituted of an administrator appointed by the Minister
(and accordingly the offices of all members of the Board are vacated);
and
(b) the Board's only functions are to do all such things as are necessary
for winding up its affairs and the Citrus Industry Fund; and
(c) no further contributions are payable to the Fund.
(2) Any assets and money in the Fund remaining after the winding up are to
be applied for the benefit of the citrus industry as directed by the
Minister.
(3) The Board must deliver to the Minister a winding up report on its
operations since the period to which its last annual report relates (and the
Board is not required to prepare an annual report in relation to the operations
of the Board or the Fund during any period after
30 June 2012).
(4) The report must include accounts presenting fairly the results of the
Board's operations (including operations affecting the Fund), audited by the
Auditor-General, for the period to which the report relates.
(5) The Minister must, within 12 sitting days afer receiving the
winding up report, have copies of the report laid before both Houses of
Parliament.
Part 7—Powers of Minister to gather
information
29—Powers of Minister to gather
information
(1) The Minister may, by written notice to a citrus industry participant,
require the participant to provide a return or periodic returns of information
relating to the citrus industry.
(2) The information required may include, for example—
(a) particulars of citrus trees planted or removed or otherwise lost or
destroyed, or of the area planted with citrus trees, by reference to age, type
or variety, within a specified period or at a specified date;
(b) particulars of citrus fruit by reference to type, variety, size,
grade, quality, quantity or any other factor, produced, delivered for sale,
purchased, sold or processed within a specified period;
(c) an estimate of citrus fruit or citrus fruit product that a person
expects to produce for marketing within a specified period.
(3) The Minister may provide information provided in a return to a body
that, in the opinion of the Minister, represents citrus industry participants or
a class of citrus industry participants.
(4) A citrus industry participant who contravenes or fails to comply with
a requirement of the Minister under this section is guilty of an
offence.
Maximum penalty: $5 000.
Expiation fee: $315.
Part 8—Expiry of Act
30—Expiry of Act
(1) The Governor may,
by proclamation, fix a day on which this Act will expire.
(2) If a proclamation is made under
subsection (1)—
(a) this Act expires on the day fixed by the proclamation; and
(b) immediately before the expiry, any remaining liabilities of the Board
vest in the Crown.