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


MARKETING OF EGGS AMENDMENT BILL 2004

                         Western Australia



      Marketing of Eggs Amendment Bill 2004

                            CONTENTS

1.       Short title                                        1
2.       Commencement                                       2
3.       The Act amended                                    2
4.       Section 38A repealed                               2
5.       Sections 41, 42 and 43 inserted                    2
6.       Agricultural Products Act 1929 amended             6
7.       Constitution Acts Amendment Act 1899 amended       7
8.       Financial Administration and Audit Act 1985
         amended                                            7
9.       Statutory Corporations (Liability of Directors)
         Act 1996 amended                                   7
10.      Stock Diseases (Regulations) Act 1968 amended      8




                               302--2                       page i
                           Western Australia


                      LEGISLATIVE ASSEMBLY

              (As amended during consideration in detail)


     Marketing of Eggs Amendment Bill 2004


                               A Bill for


An Act to amend the Marketing of Eggs Act 1945 to insert expiry and
related provisions and to make consequential amendments to the --
•  Agricultural Products Act 1929;
•  Constitution Acts Amendment Act 1899;
•  Financial Administration and Audit Act 1985;
•  Statutory Corporations (Liability of Directors) Act 1996;
•  Stock Diseases (Regulations) Act 1968.



The Parliament of Western Australia enacts as follows:


1.      Short title
        This Act may be cited as the Marketing of Eggs Amendment
        Act 2004.




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     Marketing of Eggs Amendment Bill 2004



     s. 2




     2.           Commencement
          (1)     This Act, other than sections 6, 7, 8, 9 and 10, comes into
                  operation on a day fixed by proclamation.
          (2)     Sections 6, 7, 8, 9 and 10 come into operation on the day on
5                 which the Marketing of Eggs Act 1945 (other than sections 1
                  and 43 of that Act) expires under section 41(1) of that Act as
                  amended by this Act.

     3.           The Act amended
                  The amendments in sections 4 and 5 are to the Marketing of
10                Eggs Act 1945*.
                  [* Reprinted as at 22 February 2002.]

     4.           Section 38A repealed
                  Section 38A is repealed.

     5.           Sections 41, 42 and 43 inserted
15                After section 40 the following sections are inserted --
     "
            41.         Expiry of Act and regulations
                  (1)   This Act (other than sections 1 and 43) and the
                        Marketing of Eggs Regulations 1945 expire on --
20                       (a) 31 December 2005; or
                         (b) an earlier day fixed by the Governor by order
                               published in the Gazette.
                  (2)   The Board is dissolved on the day on which this Act
                        (other than sections 1 and 43) expires.




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                                                                        s. 5



     42.         Arrangements for staff before the expiry
           (1)   In this section --
                 "expiry" means the expiry of this Act (other than
                     sections 1 and 43) under section 41(1);
5                "staff member" means a person appointed, employed
                     or otherwise engaged by the Board.
           (2)   Before the expiry the Minister --
                  (a) after consultation with the Minister for Public
                        Sector Management, is to nominate a person or
10                      other body in the Public Sector to be the
                        employer of the staff members on the expiry,
                        and ensure that the employment of each staff
                        member who has agreed to being employed by
                        that person or body has been arranged with that
15                      person or body; or
                  (b) is to ensure that each staff member whose
                        re-employment is not arranged under
                        paragraph (a) is covered by the provisions
                        applicable under the Public Sector Management
20                      Act 1994 Part 6.
           (3)   Except as otherwise agreed by a staff member, the
                 remuneration, existing or accrued rights, rights under a
                 superannuation scheme or continuity of service of the
                 staff member are not affected, prejudiced or interrupted
25               by --
                   (a) a change in employment arranged under
                         subsection (2)(a);
                   (b) the expiry; or
                   (c) the dissolution of the Board.
30   43.         Regulations as to matters consequent on the expiry
           (1)   In this section --
                 "Board" means the Board constituted under this Act
                      before the expiry;

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     Marketing of Eggs Amendment Bill 2004



     s. 5



                    "expiry" means the expiry of this Act (other than
                        sections 1 and 43) under section 41(1);
                    "liability" means any liability, duty or obligation
                        whether actual, contingent or prospective,
5                       liquidated or unliquidated, or whether owed alone
                        or jointly or jointly and severally with any other
                        person;
                    "right" means any right, power, privilege or immunity
                        whether actual, contingent or prospective;
10                  "specified" means specified in the regulations under
                        this section;
                    "State tax" includes stamp duty chargeable under the
                        Stamp Act 1921 and any other tax, duty, fee, levy
                        or charge under a law of the State.
15            (2)   The Governor, with the approval of the Treasurer, may
                    make regulations prescribing all matters that are
                    required, necessary or convenient to be prescribed in
                    relation to anything to be done, or that occurs, because
                    of the expiry.
20            (3)   Without limiting subsection (2), regulations may be
                    made in relation to all or any of the following
                    matters --
                     (a) the disposition of, or dealing with, the property
                           of the Board on the expiry;
25                   (b) the transfer or discharge of the Board's rights
                           and liabilities on the expiry;
                     (c) the continuation of proceedings or remedies by
                           or against the Board that were pending
                           immediately before the expiry;
30                   (d) the commencement of proceedings or remedies
                           that could have been taken by or against the
                           Board but for the dissolution of the Board;



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                       Marketing of Eggs Amendment Bill 2004



                                                             s. 5



     (e)   the continuation of the effect of any agreement,
           instrument or policy of insurance to which the
           Board was a party immediately before the
           expiry;
5    (f)   the interpretation, after the expiry, of references
           to the Board in a written law or a document
           referred to in paragraph (e);
     (g)   any act, matter or thing done or omitted to be
           done by the Board in relation to its rights and
10         liabilities before the expiry;
     (h)   the taking possession of books, documents or
           other records, however compiled or stored,
           relating to the operations of the Board, on the
           expiry;
15   (i)   the making and submission of any outstanding
           annual report and a final report relating to the
           operations of the Board before the expiry, and
           the documents and reports to accompany those
           reports;
20   (j)   for the purposes of the regulations under this
           section to provide, despite the expiry, for the
           continuation of the Board, constituted by a
           specified person on specified terms, with the
           powers necessary or convenient for the
25         purposes of doing anything under the
           regulations including making and submitting
           the reports mentioned in paragraph (i);
     (k)   for the purposes of regulations under
           paragraph (i) to provide, despite the expiry, for
30         the continued application of section 34 until the
           reports and accompanying documents and
           reports are tabled in Parliament;




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     Marketing of Eggs Amendment Bill 2004



     s. 6



                        (l)   the exemption from State tax of --
                                 (i) anything of a specified kind that occurs
                                     because of the expiry; or
                                (ii) anything of a specified kind (including a
5                                    transaction entered into or an instrument
                                     or document made, executed, lodged or
                                     given) done under the regulations, or for
                                     a purpose connected with or arising out
                                     of the expiry.
10              (4)   For the purposes of regulations under subsection (3)(l)
                      a certificate in writing by the Treasurer or a person
                      authorised by the Treasurer certifying that --
                        (a) something mentioned in the certificate occurred
                               because of the expiry; or
15                      (b) something mentioned in the certificate was
                               done under the regulations, or for a purpose
                               connected with or arising out of the expiry,
                      is conclusive evidence of that fact.
                                                                                 ".

20   6.         Agricultural Products Act 1929 amended
          (1)   The amendment in this section is to the Agricultural Products
                Act 1929*.
                [* Reprinted as at 5 March 1999.
                   For subsequent amendments see Western Australian
25                 Legislation Information Tables for 2003, Table 1, p. 10.]
          (2)   Section 2AA is repealed.




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                                         Marketing of Eggs Amendment Bill 2004



                                                                                s. 7



     7.         Constitution Acts Amendment Act 1899 amended
          (1)   The amendment in this section is to the Constitution Acts
                Amendment Act 1899*.
                [* Reprint 12 as at 3 October 2003.
5                  For subsequent amendments see Western Australian
                   Legislation Information Tables for 2003, Table 1, p. 77 and
                   Act No. 35 of 2003.]
          (2)   Schedule V Part 3 is amended by deleting the item relating to
                the Western Australian Egg Marketing Board.

10   8.         Financial Administration and Audit Act 1985 amended
          (1)   The amendment in this section is to the Financial
                Administration and Audit Act 1985*.
                [* Reprinted as at 16 September 2002.
                   For subsequent amendments see Western Australian
15                 Legislation Information Tables for 2003, Table 1, p. 140-1
                   and Act No. 35 of 2003.]
          (2)   Schedule 1 is amended by deleting the item relating to the
                Western Australian Egg Marketing Board.
     9.         Statutory Corporations (Liability of Directors) Act 1996
20              amended
          (1)   The amendment in this section is to the Statutory Corporations
                (Liability of Directors) Act 1996*.
                [* Reprint 3 as at 7 November 2003.
                   For subsequent amendments Acts Nos. 35 of 2003 and 4 of
25                 2004.]
          (2)   Schedule 1 is amended by deleting the item relating to the
                Western Australian Egg Marketing Board.




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     Marketing of Eggs Amendment Bill 2004



     s. 10



     10.         Stock Diseases (Regulations) Act 1968 amended
           (1)   The amendments in this section are to the Stock Diseases
                 (Regulations) Act 1968*.
                 [* Reprinted as at 12 November 1999.
5                   For subsequent amendments see Western Australian
                    Legislation Information Tables for 2003, Table 1, p. 372 and
                    Act No. 50 of 2003.]
           (2)   Section 10(2)(j) is amended as follows:
                  (a) after "or for the" by inserting --
10                      "production of eggs or the ";
                  (b)   by deleting "for the purpose of hatching".




 


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