Western Australian Bills

[Index] [Search] [Download] [Related Items] [Help]


This is a Bill, not an Act. For current law, see the Acts databases.


CARNARVON BANANA INDUSTRY (COMPENSATION TRUST FUND) REPEAL BILL 1998

                           Western Australia



                      LEGISLATIVE ASSEMBLY




         Carnarvon Banana Industry
       (Compensation Trust Fund) Repeal
                   Bill 1998
                               A Bill for


An Act to repeal the Carnarvon Banana Industry (Compensation
Trust Fund) Act 1961, to make provision for the money in the Fund,
and for related purposes.



The Parliament of Western Australia enacts as follows:

1.      Short title
        This Act may be cited as the Carnarvon Banana Industry
        (Compensation Trust Fund) Repeal Act 1998.




                                                                 page 1

                                10--1
     Carnarvon Banana Industry (Compensation Trust Fund) Repeal Bill 1998


     s. 2



     2.         Commencement
                This Act comes into operation on such day as is, or days as are
                respectively, fixed by proclamation.

     3.         Interpretation
 5              In this Act --
                "Account" means the account established under section 5;
                "Fund" means the Carnarvon Banana Industry Compensation
                     Trust Fund established under the repealed Act;
                "repealed Act" means the Act repealed by section 4.

10   4.         Repeal
                The Carnarvon Banana Industry (Compensation Trust Fund)
                Act 1961 is repealed.

     5.         Application of Fund money
          (1)   For the purposes of this Act there is to be established at the
15              Treasury an account to be called the "Carnarvon Banana
                Industry (Compensation Trust Fund) Account", which is to form
                part of the Trust Fund constituted under section 9 of the
                Financial Administration and Audit Act 1985.
          (2)   The provisions of the Financial Administration and Audit
20              Act 1985 that regulate the financial administration, audit and
                reporting of departments apply to and in relation to the Account.
          (3)   For the purposes of section 52 of the Financial Administration
                and Audit Act 1985, the administration of the Account is to be
                regarded as a service under the control of the Department within
25              the meaning of the repealed Act.




     page 2
      Carnarvon Banana Industry (Compensation Trust Fund) Repeal Bill 1998


                                                                             s. 6



          (4)   The following money is to be paid into the Account --
                 (a) the money standing to the credit of the Fund
                        immediately before the commencement of this Act;
                 (b) any money payable to the Account under section 6;
 5               (c) any other money that became payable to the Fund under
                        the repealed Act and that is paid after the
                        commencement of this Act.
          (5)   The money in the Account is to be applied --
                 (a) in such manner as the Minister thinks fit for the
10                    purposes of promoting and encouraging the banana
                      industry;
                 (b) in payment of expenses and costs incurred under the
                      repealed Act; and
                 (c) in payment of the costs of, and related to, the
15                    implementation of this Act.

     6.         Contributions payable before repeal of Act
          (1)   Sections 19, 20, 21 and 22 of the repealed Act continue to
                apply, as if the Act had not been repealed, to any contributions
                that became payable before it was repealed but that remained
20              unpaid at the time of its repeal.
          (2)   For the purposes of applying section 19, 20, 21 or 22 of the
                repealed Act--
                  (a) a reference in the section to the Committee is to be read
                        as a reference to the Minister; and
25                (b) a reference in the section to the Fund is to be read as a
                        reference to the Account.




                                                                           page 3
     Carnarvon Banana Industry (Compensation Trust Fund) Repeal Bill 1998


     s. 7



     7.         Reporting requirements
          (1)   The Carnarvon Banana Industry Compensation Committee, as
                constituted under the repealed Act immediately before its
                repeal, continues in existence as if it had not been repealed for
 5              the purpose of preparing a report on its operations for the period
                beginning on 1 July 1998 and ending when the Act was
                repealed.
          (2)   The report --
                 (a) is to be prepared as soon as practicable after the
10                     commencement of this Act;
                 (b) is to comply, with any necessary modifications, with the
                       provisions of the Financial Administration and Audit
                       Act 1985 that regulate the financial administration, audit
                       and reporting of statutory authorities; and
15               (c) is taken to be an annual report for the purposes of
                       section 69 of the Financial Administration and Audit
                       Act 1985.

     8.         Consequential amendments
          (1)   The Constitution Acts Amendment Act 1899* is amended in
20              Part 3 of Schedule V by deleting "The Carnarvon Banana
                Industry Compensation Committee constituted under the
                Carnarvon Banana Industry (Compensation Trust Fund)
                Act 1961.".
                [* Reprinted as at 22 January 1997.
25                 For subsequent amendments see 1997 Index to Legislation of
                   Western Australia, Table 1, pp. 46-50 and Acts Nos. 4, 10, 13,
                   23 and 30 of 1998.]




     page 4
      Carnarvon Banana Industry (Compensation Trust Fund) Repeal Bill 1998


                                                                              s. 9



          (2)   The Financial Administration and Audit Act 1985* is amended
                in Schedule 1 by deleting "The Carnarvon Banana Industry
                Compensation Committee".
                [* Reprinted as at 10 January 1997.
 5                 For subsequent amendments see 1997 Index to Legislation of
                   Western Australia, Table 1, pp. 83-4 and Acts Nos. 22 of 1997
                   and 4, 23 and 30 of 1998 and Gazettes 12 May 1998 and
                   7August 1998.]

     9.         Repeal of this Act
10              When the Minister is satisfied that there is no money in the
                Account, and no money to be paid into the Account, the
                Minister is to make an order to that effect, and on publication of
                that order in the Gazette this Act is repealed.

15




 


[Index] [Search] [Download] [Related Items] [Help]