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This is a Bill, not an Act. For current law, see the Acts databases.
House of Assembly—No 110
As laid on the table and read a first time, 24 May 2005
South Australia
A Bill For
An
Act to provide for the South Australian Citrus Industry Development Board and
for administration by the Board of a fund for citrus industry purposes; to
repeal the Citrus Industry Act 1991; and for other purposes.
Contents
Part 1—Preliminary
1 Short title
2 Commencement
3 Interpretation
Part 2—South Australian Citrus
Industry Development Board
4 Establishment of Board
5 Functions of Board
6 General directions by Minister
7 Membership of Board
8 Terms and conditions of membership
9 Remuneration
10 Conflict of interest under Public
Sector Management Act
11 Procedures of Board
12 Committees
13 Delegation
14 Validity of acts of Board
Part 3—Citrus Industry Fund
15 Establishment of Fund
16 Application of Fund
17 Management plan for Fund
18 Audit of Fund
19 Annual report for Fund
Part 4—Information about
citrus industry
20 Notification of participation in
citrus industry
21 Powers of Board to gather information
Part 5—Miscellaneous
22 False or misleading information
23 Service
24 Liability of members of bodies corporate
25 General defence
26 Regulations
27 Review of Act
Schedule 1—Repeal, transitional and temporary provisions
Part 1—Repeal of Citrus
Industry Act 1991
1 Repeal
Part 2—Transitional provisions—general
2 Funds
3 Audit and annual report
4 Regulations
Part 3—Transitional provisions—Board
5 Selection of members of first Board
6 Establishment and membership of
selection committee
7 Term and conditions of membership of
selection committee
8 Allowances and expenses
9 Procedures of selection committee
10 Conflict of interest over appointments
11 Validity of acts of selection
committee
12 When appointments to first Board take
effect
13 Expiry of Part
Part 4—Temporary provisions
14 Conflict of interest
15 Immunity of persons engaged in
administration of Act
16 Expiry of Part
The Parliament of South Australia enacts
as follows:
This Act may be cited as the Citrus Industry Act 2005.
(1) Subject
to subsection (2), this Act will come into operation on a day to be fixed
by proclamation.
(2) Schedule
1 Part 3 comes into operation on the day on which this Act is assented to by
the Governor.
In this Act—
Board means the South Australian Citrus Industry Development Board
established under this Act;
citrus fruit means citrons, lemons, limes, grapefruit, mandarins, oranges,
sevilles, tangerines or a hybrid of any of those fruits;
citrus fruit product means a product derived wholly or in part from citrus
fruit;
citrus industry includes the production, harvesting, packing, processing,
storage, transporting and sale of citrus fruit and citrus fruit product;
citrus industry participant means—
(a) a
person who carries on the business of producing citrus fruit for sale (a citrus
grower); or
(b) a
person who carries on the business of packing citrus fruit for sale by
wholesale (a citrus packer); or
(c) a
person who carries on the business of processing citrus fruit into a citrus
fruit product for sale by wholesale (a citrus processor); or
(d) a
person who carries on the business of selling citrus fruit or citrus fruit
product by wholesale (a citrus wholesaler).
Note—
A person may be a citrus industry participant in more than 1
capacity. For example, a person who carries on the business of producing citrus
fruit for sale and of selling citrus fruit by wholesale will be both a citrus
grower and a citrus wholesaler.
The fact that a person carries on a business other than the
business that results in the person being a citrus industry participant does
not detract from that person being a citrus industry participant. For example,
a person who carries on the business of selling citrus fruit or citrus fruit
product both by retail and by wholesale will be a citrus wholesaler.
Part 2—South Australian Citrus Industry
Development Board
(1) The
South Australian Citrus Industry Development Board is established.
(2) The Board—
(a) is
a body corporate; and
(b) has
perpetual succession and a common seal; and
(c) has
the powers of a natural person and the functions and powers assigned or
conferred under this or any other Act.
(3) If
a document appears to bear the common seal of the Board, it will be presumed,
in the absence of proof to the contrary, that the document was duly executed by
the Board.
(4) The
Board is to be taken to be the same body corporate as the Citrus Board of South
Australia established under the Citrus Industry Act 1991.
(5) A
reference in an Act or instrument to the Citrus Board of South Australia is, so
far as the context permits, to be taken to be a reference to the South
Australian Citrus Industry Development Board established by this Act.
(1) The Board has the following functions:
(a) to
administer the Citrus Industry Fund established under this Act;
(b) to
promote the citrus industry and its products;
(c) to
plan, fund and facilitate research relevant to the citrus industry, including
research relevant to the following:
(i) food
safety in the citrus industry;
(ii) citrus
pests and disease and prevention or control measures;
(iii) production
of citrus fruit;
(iv) new
citrus fruit products;
(v) marketing
citrus fruit or citrus fruit products;
(d) to
collect and analyse data relating to the citrus industry;
(e) to
disseminate technical, scientific, economic and market information to the
citrus industry;
(f) to
collect voluntary contributions on behalf of a citrus industry association
under an arrangement with the association;
(g) to
provide advice and other services to the citrus industry;
(h) to
provide advice to the Minister responsible for the administration of the Primary
Produce (Food Safety Schemes) Act 2004 about the establishment of a
food safety scheme for the citrus industry under that Act and to advise that
Minister about the application and administration of the scheme and to
undertake functions assigned to the Board by that Minister for the purposes of
the scheme;
(i) to
advise the Minister responsible for the administration of the Fruit and
Plant Protection Act 1992 about the application and administration of
that Act in relation to the citrus industry;
(j) to
monitor the citrus industry and provide advice to the Minister as appropriate;
(k) to
undertake other functions assigned to the Board by this or any other Act.
(2) The
Board may charge fees for services provided by the Board.
6—General directions by Minister
(1) The
Minister may give general directions to the Board when it appears to the
Minister to be necessary in the public interest.
(2) The Minister must—
(a) consult
with the Board before giving it a direction; and
(b) within
3 sitting days after giving a direction, cause a copy of the direction to be
laid before each House of Parliament.
(1) The Board consists of 7 members appointed
by the Governor of whom—
(a) 1
will be a person nominated by the Minister, who will be the presiding member of
the Board; and
(b) 6
will be persons appointed in accordance with the regulations.
(2) At
least 1 member of the Board must be a woman and 1 a man.
8—Terms and conditions of membership
(1) A
member of the Board will be appointed on conditions determined by the Governor
and for a term, not exceeding 3 years, specified in the instrument of
appointment and, at the expiration of a term of appointment, is eligible for
reappointment.
(2) The
Governor may appoint a person to be the deputy of a member of the Board and the
deputy may act as a member of the Board during any period of absence of the
member.
(3) The Governor may remove a member of the
Board from office—
(a) for
breach of, or non-compliance with, a condition of appointment; or
(b) for
misconduct; or
(c) for
failure or incapacity to carry out official duties satisfactorily.
(4) The office of a member of the Board becomes
vacant if the member—
(a) dies;
or
(b) completes
a term of office and is not reappointed; or
(c) resigns
by written notice to the Minister; or
(d) is
removed from office under subsection (3).
(5) On
the office of a member becoming vacant, a person may be appointed in accordance
with this Act to the vacant office.
A member of the Board is entitled to remuneration, allowances and
expenses determined by the Governor.
10—Conflict of interest under Public Sector Management Act
A member of the Board will not be taken to have a direct or
indirect interest in a matter for the purposes of the Public Sector
Management Act 1995 by reason only of the fact that the member has an
interest in the matter that is shared in common with the citrus industry or a
substantial section of the citrus industry.
(1) A
quorum of the Board consists of 4 members.
(2) If
the presiding member of the Board is absent from a meeting of the Board, a
member chosen by the members present at the meeting will preside.
(3) A
decision carried by a majority of the votes cast by the members present at a
meeting of the Board is a decision of the Board.
(4) Each
member present at a meeting of the Board has 1 vote on a question arising for
decision and, if the votes are equal, the member presiding at the meeting may
exercise a casting vote.
(5) A conference by telephone or other
electronic means between the members of the Board will, for the purposes of
this section, be taken to be a meeting of the Board at which the participating
members are present if—
(a) notice
of the conference is given to all members in the manner determined by the Board
for the purpose; and
(b) each
participating member is capable of communicating with every other participating
member during the conference.
(6) A proposed resolution of the Board becomes
a valid decision of the Board despite the fact that it is not voted on at a
meeting of the Board if—
(a) notice
of the proposed resolution is given to all members of the Board in accordance
with procedures determined by the Board; and
(b) a
majority of the members express concurrence in the proposed resolution by
letter, facsimile transmission, e-mail or other written communication setting
out the terms of the resolution.
(7) The
Board must have accurate minutes kept of its meetings.
(8) Subject
to this Act, the Board may determine its own procedures.
(1) The Board may establish committees—
(a) to
advise the Board on any matter; or
(b) to
carry out functions on behalf of the Board.
(2) The
membership of a committee may include persons who are not members of the Board.
(3) The procedures to be observed in relation
to the conduct of the business of a committee will be—
(a) as
determined by the Board;
(b) insofar
as a procedure is not determined under paragraph (a)—as determined by the
relevant committee.
(1) The Board may delegate a function or power
of the Board under this Act (except a prescribed function or power) to—
(a) a
member of the Board; or
(b) a
committee of the Board.
(2) A delegation under this section—
(a) must
be by instrument in writing; and
(b) may
be absolute or conditional; and
(c) does
not derogate from the power of the Board to act in any matter; and
(d) is
revocable at will.
An act or proceeding of the Board or a committee of the Board is
not invalid by reason only of a vacancy in its membership or a defect in the
appointment of a member.
(1) The
Citrus Industry Fund is established.
(2) The Fund consists of—
(a) contributions
from citrus industry participants paid or collected in accordance with the
regulations; and
(b) income
of the Fund from investment; and
(c) other
sums received by the Board.
(3) If
the regulations provide for a citrus industry participant to pay a contribution
on behalf of another, the amount payable may be deducted from amounts owed by
the citrus industry participant to the other.
(1) The Fund may be applied by the Board
(without further appropriation)—
(a) for
the purposes of the performance of its functions; and
(b) for
the payment to members of remuneration, allowances or expenses determined by
the Governor; and
(c) for
prescribed purposes.
(2) The
regulations may prescribe circumstances in which a citrus industry participant
will be considered to be in default in relation to contributions to the Fund
and consequently not entitled to receive direct benefits or services funded by
payments from the Fund.
(1) The Board must ensure that, in accordance
with this section—
(a) management
plans are prepared for the Fund; and
(b) the
plans are presented at public meetings convened for the purpose.
(2) The management plans must be prepared and
presented as follows:
(a) the
first plan must cover a 5 year period and be prepared and presented within
12 months after the commencement of this section;
(b) a
revised plan must be prepared and presented at least once every 12 months
after presentation of the first plan and must, in each case, cover the ensuing
period of 5 years.
(3) A management plan must contain—
(a) an
estimate of the contributions to the Fund likely to be received over the
relevant period;
(b) proposals
for the investment of the Fund;
(c) proposals
for the application of the Fund;
(d) other
matters considered appropriate to be included by the Board.
(4) The
Board must ensure that industry members are consulted during preparation of a
management plan.
(5) The
Board must ensure that, at least 2 weeks before the date of a public meeting to
be convened under this section, a notice of the date, time, place and purpose
of that meeting is published in a newspaper circulating generally throughout
the State.
(6) The
Board may revise and update its management plan at any time.
(7) The
Board must cause a copy of its current management plan to be kept available for
inspection by members of the public, without charge and during normal office
hours, at a place determined by the Minister.
(1) The
Board must cause proper accounts to be kept of all money received and dealt
with under this Act, showing the purposes for which that money has been
received or dealt with.
(2) The
Auditor-General may at any time, and must at least once in each year, audit the
accounts.
(1) The Board must ensure that, on or before 30
September in every year—
(a) a
report is prepared on the operation of the Fund during the previous financial
year; and
(b) the
report is submitted to the Minister.
(2) The report must incorporate—
(a) the
audited statement of accounts of the Fund for the period to which the report
relates; and
(b) the
current management plan prepared for the Fund under this Act.
(3) The
Minister must cause copies of reports prepared under this section to be laid
before each House of Parliament within 12 sitting days after receipt of
the report.
Part 4—Information about citrus industry
20—Notification of participation in citrus industry
(1) A citrus industry participant must, within
28 days of first carrying on business as a citrus industry participant, give
written notice to the Board of—
(a) the
person's name and business or registered address; and
(b) the
address of the premises at which the person carries on the business; and
(c) the nature of the business.
Maximum penalty: $5 000.
(2) If
a person is a citrus industry participant in more than 1 capacity (for example,
a person who carries on the business of both producing and packing citrus fruit
for sale), the notice must provide information relevant to each capacity in
which the person is a citrus industry participant.
(3) A citrus industry participant must, within
28 days of a change occurring in particulars of the kind referred to under
subsection (1), give the Board written notice of the change.
Maximum penalty: $2 500.
Expiation fee: $210.
(4) A person who ceases to carry on business as
a citrus industry participant, or as a citrus industry participant in a
particular capacity, must, within 28 days of ceasing to carry on the business,
give the Board written notice of that fact.
Maximum penalty: $2 500.
Expiation fee: $210.
21—Powers of Board to gather information
(1) The
Board may, by written notice to a citrus industry participant, require the
participant to provide periodic returns of information reasonably required for
the purposes of the Board.
(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;
(d) particulars
relating to food safety, food safety arrangements and auditing of food safety
arrangements;
(e) particulars
relating to citrus pests and disease and prevention or control measures;
(f) particulars
required to determine the amount of the participant's contributions to the
Citrus Industry Fund.
(3) The Board may—
(a) by
written notice to a citrus industry participant, require the participant to
produce for inspection records (or copies of records) relevant to information
provided, or that should have been provided, in a periodic return; and
(b) examine,
copy or take extracts from records or copies so produced.
(4) A
notice under subsection (3)(a) may specify the person to whom the records
or copies are to be produced, the date and time at which or the period within
which they are to be produced, and the place at which they are to be produced.
(5) A citrus industry participant who
contravenes or fails to comply with a requirement of the Board under this
section is guilty of an offence.
Maximum penalty: $2 500.
Expiation fee: $210.
22—False or misleading information
A person must not make a statement that is
false or misleading in a material particular (whether by reason of the
inclusion or omission of a particular) in information provided under this Act.
Maximum penalty: $10 000.
(1) A notice or document required or authorised
to be given or sent to, or served on, a person for the purposes of this Act may—
(a) be
given to the person personally; or
(b) be
posted in an envelope addressed to the person at the person's last known
residential, business or (in the case of a corporation) registered address; or
(c) be
left for the person at the person's last known residential, business or (in the
case of a corporation) registered address with someone apparently over the age
of 16 years; or
(d) be
transmitted by facsimile transmission or electronic mail to a facsimile number
or electronic mail address provided by the person (in which case the notice or
document will be taken to have been given or served at the time of
transmission).
(2) Without
limiting the effect of subsection (1), a notice or other document required
or authorised to be given or sent to, or served on, a person for the purposes
of this Act may, if the person is a company or registered body within the
meaning of the Corporations Act 2001 of the Commonwealth, be served on
the person in accordance with that Act.
24—Liability of members of bodies corporate
(1) If
a body corporate commits an offence against this Act, each member of the body
corporate is, subject to the general defence under this Part, guilty of an
offence and liable to the same penalty as is fixed for the principal offence.
(2) A
member of a body corporate may be prosecuted and convicted of an offence under
this section whether or not the body corporate has been prosecuted or convicted
of the offence committed by the body corporate.
It is a defence to a charge of an offence against this Act if the
defendant proves that the alleged offence was not committed intentionally and
did not result from any failure on the part of the defendant to take reasonable
care to avoid the commission of the offence.
(1) The
Governor may make such regulations as are contemplated by, or necessary or
expedient for the purposes of, this Act.
(2) Without limiting the generality of
subsection (1), those regulations may make provision for or relating to—
(a) exemptions
(conditional or unconditional) from specified provisions of this Act; and
(b) fees
in respect of any matter under this Act and their payment, recovery or waiver;
and
(c) fines,
not exceeding $5 000, for offences against the regulations; and
(d) facilitation
of proof of the commission of offences against the regulations.
(3) The regulations may—
(a) be
of general application or vary in their application according to prescribed
factors;
(b) provide
that a matter or thing in respect of which regulations may be made is to be
determined according to the discretion of the Minister or the Board.
The Minister must, within 6 years after
the commencement of section 4—
(a) cause
a report to be prepared on the operation of this Act; and
(b) cause
a copy of the report to be laid before each House of Parliament within
12 sitting days after receipt of the report.
Schedule 1—Repeal, transitional and
temporary provisions
Part 1—Repeal
of Citrus Industry Act 1991
The Citrus Industry Act 1991 is repealed.
Part 2—Transitional
provisions—general
Money held by the Citrus Board of South Australia at the
commencement of this clause must be paid into the Citrus Industry Fund.
The first audit and annual report under the Act must, in
accordance with directions of the Minister, take into account the funds and
activities of the Citrus Board of South Australia under the Citrus Industry
Act 1991 for the period since the last audit and report under that Act.
The regulations may make other provisions of a savings or
transitional nature consequent on the enactment of this Act.
Part 3—Transitional
provisions—Board
5—Selection of members of first Board
(1) For the purposes of making the first
appointments to the Board under this Act, section 7(1)(b) is to be read as
if it required 6 persons to be appointed to the Board on the nomination of the
selection committee established under this Part—
(a) 3
being eligible citrus growers who have, in the opinion of the committee,
extensive knowledge of and experience in the production of citrus fruit; and
(b) 3
being persons (other than citrus growers) who have, in the opinion of the
committee, extensive knowledge of and experience in the marketing of citrus
fruit or citrus fruit products or any other foodstuffs.
(2) In this clause—
eligible citrus grower means a citrus grower—
(a) who
was registered under the Citrus Industry Act 1991 immediately
before the commencement of this clause; and
(b) who
is not in default in relation to contributions under the Citrus Industry
Act 1991.
6—Establishment and membership of selection committee
(1) The
Citrus Industry Development Board Selection Committee is established.
(2) The
committee consists of 5 members appointed by the Minister.
(3) The
Minister must appoint the members of the selection committee from a panel of
10 persons nominated in accordance with this clause.
(4) The Minister must invite organisations or
other bodies that are, in the opinion of the Minister, representative of citrus
industry participants and substantially involved in the citrus industry—
(a) to
each nominate a specified number of persons to the panel from which the
Minister must appoint members of the selection committee; and
(b) to
provide reasons in writing in support of each nomination.
(5) The
Minister must appoint a member of the selection committee to preside at
meetings of the committee.
7—Term and conditions of membership of selection committee
(1) A
member of the selection committee will be appointed for a term ending when the
committee has nominated 6 persons for appointment to the Board as contemplated
by this Part.
(2) The Minister may remove a member of the
selection committee from office—
(a) for
misconduct; or
(b) for
failure or incapacity to carry out official duties satisfactorily.
(3) The office of a member of the selection
committee becomes vacant if the member—
(a) dies;
or
(b) completes
a term of office and is not reappointed; or
(c) resigns
by written notice addressed to the Minister; or
(d) is
removed from office under subclause (2).
(4) On
the office of a member becoming vacant prior to the completion of the full term
for which that member was appointed, a suitable person may be appointed for the
remainder of that term by the Minister.
(1) A
member of the selection committee is entitled to allowances and expenses
determined by the Minister.
(2) The
allowances and expenses must be paid out of the funds of the Board under the Citrus
Industry Act 1991 or reimbursed to the Minister by the Board after the
commencement of section 15 out of the Citrus Industry Fund.
9—Procedures of selection committee
(1) Subject to clause 10—
(a) all
members of the committee must be present when the committee is making a
nomination to the Board;
(b) 4
members of the committee constitute a quorum for the purpose of the transaction
of other business by the committee.
(2) If
the member appointed to preside at meetings of the committee is absent from a
meeting of the committee, a member chosen by the members present at the meeting
will preside.
(3) A
decision carried by a majority of the votes cast by the members present at a
meeting of the committee is a decision of the committee.
(4) Each
member present at a meeting of the committee (subject to clause 10) has
1 vote on a question arising for decision and, if the votes are equal, the
member presiding at the meeting may exercise a casting vote.
(5) A conference by telephone or other
electronic means between the members of the committee will, for the purposes of
this clause, be taken to be a meeting of the committee at which the
participating members are present if—
(a) notice
of the conference is given to all members in the manner determined by the
committee for the purpose; and
(b) each
participating member is capable of communicating with every other participating
member during the conference.
(6) A proposed resolution of the committee
becomes a valid decision of the committee despite the fact that it is not voted
on at a meeting of the committee if—
(a) notice
of the proposed resolution is given to all members of the committee in
accordance with procedures determined by the committee; and
(b) a
majority of the members express concurrence in the proposed resolution by
letter, facsimile transmission, e-mail or other written communication setting
out the terms of the resolution.
(7) The
committee must have accurate minutes kept of its meetings.
(8) Subject
to this Part, the Board may determine its own procedures.
10—Conflict of interest over appointments
(1) A member of the selection committee who is
closely associated with a person who is under consideration by the committee
for nomination to the Board must disclose the existence of that association to
the committee.
Maximum penalty: $5 000.
(2) A
disclosure under subclause (1) must be recorded in the minutes of the
committee.
(3) A member of the selection committee who is
closely associated with a person under consideration by the committee for
nomination to the Board—
(a) must
not, except on the request of the committee, take part in a discussion by the
committee relating to that person; and
(b) must
not vote in relation to the nomination of that person to the Board; and
(c) must, unless the committee permits
otherwise, be absent from the meeting room when any such discussion or voting
is taking place.
Maximum penalty: $5 000.
(4) It
is a defence to a charge of an offence against this clause for the defendant to
prove that, at the time of the alleged offence, the defendant was unaware of
his or her association with the person concerned.
(5) The
fact that a member has failed to comply with this clause in relation to a
person does not invalidate a resolution or decision made in relation to that
person.
(6) A member of the committee is closely
associated with another person if that other person is—
(a) a
director or member of the governing body of a body corporate of which the
member is a director or member of the governing body; or
(b) a
beneficiary under a trust or an object of a discretionary trust of which the
member is a trustee; or
(c) a
party to a partnership or share-farming agreement to which the member is also a
party; or
(d) an
employer or employee of the member; or
(e) the
spouse, parent or child of the member.
(7) In this clause—
spouse includes putative spouse (whether or not a declaration of the
relationship has been made under the Family Relationships Act 1975).
11—Validity of acts of selection committee
An act or proceeding of the selection committee is not invalid by
reason only of a vacancy in its membership (but not more than 1) or a defect in
the appointment of a member.
12—When appointments to first Board take effect
On the commencement of section 7—
(a) the
members of the Board then in office vacate their offices; and
(b) the
appointments made to the Board pursuant to the Acts Interpretation
Act 1915 (following nomination by the selection committee under this
Part) take effect despite section 14C(3) of the Acts Interpretation
Act 1915.
This Part will expire on the commencement of section 7.
Part 4—Temporary
provisions
(1) A member of the Board who has a personal or
a direct or indirect pecuniary interest in a matter under consideration by the
Board—
(a) must,
as soon as he or she becomes aware of the interest, disclose the nature and
extent of the interest to the Board; and
(b) must not take part in any deliberations or
decision of the Board on the matter.
Maximum penalty: $5 000.
(2) A
member of the Board will not be taken to have a direct or indirect interest in
a matter for the purposes of this clause by reason only of the fact that the
member has an interest in the matter that is shared in common with the citrus
industry generally or a substantial section of the citrus industry in this
State.
(3) A
disclosure under this clause must be recorded in the minutes of the Board.
(4) If a member of the Board discloses an
interest in a proposed contract under this clause and takes no part in any
deliberations or decision of the Board on the contract—
(a) the
contract is not liable to be avoided by the Board; and
(b) the
member is not liable to account for profits derived from the contract.
15—Immunity of persons engaged in administration of Act
(1) No
personal liability attaches to a person engaged in the administration of this
Act for an act or omission in good faith in the exercise or discharge, or
purported exercise or discharge, of official powers or functions.
(2) A
liability that would, but for subsection (1), lie against a person, lies
instead against the Crown.
This Part will expire on the commencement of section 28 of the Statutes Amendment (Honesty and Accountability in Government) Act 2003 or if that section has come into operation before the commencement of this clause, will be taken not to have been enacted.