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TASMANIA
__________
FRUIT AND NUT INDUSTRY (RESEARCH,
DEVELOPMENT AND EXTENSION TRUST FUND)
BILL 2011
__________
CONTENTS
1. Short title
2. Commencement
3. Interpretation
4. FNRDE Account
5. Board of Management
6. Protection from liability
7. Regulations
8. Administration of Act
9. Transitional and savings provisions
10. Legislation repealed
Schedule 1 - Membership of Board of Management
Schedule 2 - Meetings of Board of Management
Schedule 3 - Transitional and Savings Provisions
Schedule 4 - Legislation repealed
[Bill 53]-III
2
FRUIT AND NUT INDUSTRY (RESEARCH,
DEVELOPMENT AND EXTENSION TRUST FUND)
BILL 2011
(Brought in by the Minister for Primary Industries and Water,
the Honourable Bryan Alexander Green)
A BILL FOR
An Act to continue the Apple and Pear Industry Research
and Development Account as the Fruit and Nut Research,
Development and Extension Trust Fund, to provide for a
Board of Management to administer that Fund, to repeal
the Apple and Pear Industry (Crop Insurance) Amendment
and Repeal Act 1999 and for related purposes
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Fruit and Nut
Industry (Research, Development and Extension
Trust Fund) Act 2011.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
[Bill 53] 3
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Trust Fund) Act 2011
Act No. of
s. 3
3. Interpretation
In this Act, unless the contrary intention
appears -
"APIRD Account" means the Apple and Pear
Industry Research and Development
Account established under section 5 of
the Repealed Act;
"Board of Management" means the Board of
Management continued by section 5(1);
"FNRDE Account " means the account in the
Special Deposits and Trust Fund
continued by section 4(1) as the Fruit and
Nut Research, Development and
Extension Trust Fund;
"Fruit Growers Tasmania Inc" means the
association incorporated under the
Associations Incorporation Act 1964 as
Fruit Growers Tasmania Inc with the
Incorporation Number IA09057;
"Repealed Act" means the Apple and Pear
Industry (Crop Insurance) Amendment
and Repeal Act 1999 as in force
immediately before the commencement
of this Act.
4. FNRDE Account
(1) The account established in the Special Deposits
and Trust Fund as the Apple and Pear Industry
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Fruit and Nut Industry (Research, Development and Extension
Trust Fund) Act 2011
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Research and Development Account, by section
5 of the Repealed Act, is continued as the Fruit
and Nut Research, Development and Extension
Trust Fund.
(2) There is to be paid into the FNRDE Account all
interest arising from the investment of the
money in the FNRDE Account.
(3) Any money standing to the credit of the FNRDE
Account is to be applied by the Board of
Management for -
(a) the benefit of Tasmania's fruit and nut
industry by funding the following
activities:
(i) research;
(ii) development of the industry;
(iii) extension of the industry;
(iv) marketing and promotion;
(v) the establishment of access to
markets;
(vi) the development of protocols
relating to quarantine;
(vii) the improvement or acquisition of
land, buildings, plant or
equipment; and
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Trust Fund) Act 2011
Act No. of
s. 5
(b) the recovery of any costs arising from the
administration of this Act or the
Repealed Act; and
(c) any other purposes recommended by the
Board of Management and approved by
the Minister.
(4) For the purposes of subsection (3)(a)(iii) -
"extension", in relation to the fruit and nut
industry, includes the exchange of
information and the teaching of skills.
(5) In carrying out its duties under subsection (3),
the Board of Management must undertake such
consultation as it considers appropriate with any
persons engaged in the fruit and nut industry and
any body or organisation representing those
persons.
(6) The Board of Management may determine the
terms and conditions of any payment of money
from the FNRDE Account.
5. Board of Management
(1) The Board of Management established under
section 6 of the Repealed Act is continued for
the purpose of distributing the FNRDE Account.
(2) The Board of Management consists of 5
members comprising -
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Trust Fund) Act 2011
Act No. of
s. 5
(a) 4 persons appointed by the executive
committee of Fruit Growers Tasmania
Inc, one of whom is the chairperson; and
(b) one person appointed by the Minister to
represent the interests of the Government
of Tasmania.
(3) The Board of Management -
(a) is to recommend to the Minister rules
and procedures for carrying out its
duties; and
(b) may recommend an amendment to the
rules and procedures or the substitution
of the rules and procedures.
(4) The Minister may approve or reject the rules and
procedures, or the amendment or substitution of
the rules and procedures, recommended by the
Board of Management.
(5) Schedule 1 has effect with respect to
membership of the Board of Management.
(6) Schedule 2 has effect with respect to meetings of
the Board of Management.
(7) If the Governor is satisfied, on the
recommendation of the Board of Management,
that the organisation specified in
subsection (2)(a) has changed its name or has
ceased to represent the interests of Tasmania's
fruit and nut industry, the Governor may make
an order that amends that subsection and any
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Trust Fund) Act 2011
Act No. of
s. 6
other section which mentions that organisation
by amending the name of that organisation or
substituting the name of another organisation
that represents the interests of that industry.
6. Protection from liability
(1) A member of the Board of Management, or a
person acting under the direction of the Board of
Management, does not incur any personal
liability in respect of any act done or omitted to
be done by the member or person in good faith
in the performance or exercise, or purported
performance or exercise, of any function or
power of the Board of Management or in the
administration or execution, or purported
administration or execution, of this Act.
(2) Subsection (1) does not preclude the Crown or
the Board of Management from incurring
liability that a member of the Board of
Management or another person would, but for
that subsection, incur.
7. Regulations
(1) The Governor may make regulations for the
purposes of this Act.
(2) Without limiting the generality of subsection (1),
the regulations may -
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Trust Fund) Act 2011
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(a) provide for savings or transitional
matters necessary or expedient for
bringing this Act into operation; and
(b) provide for any of those savings or
transitional matters to take effect when
this Act commences or on a later day
specified in the regulations, whether the
day so specified is before, on or after the
day on which the regulations are made.
8. Administration of Act
Until provision is made in relation to this Act by
order under section 4 of the Administrative
Arrangements Act 1990 -
(a) the administration of this Act is assigned
to the Minister for Primary Industries and
Water; and
(b) the department responsible to that
Minister in relation to the administration
of this Act is the Department of Primary
Industries, Parks, Water and
Environment.
9. Transitional and savings provisions
The transitional and savings provisions set out in
Schedule 3 have effect.
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Trust Fund) Act 2011
Act No. of
s. 10
10. Legislation repealed
The legislation specified in Schedule 4 is
repealed.
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Trust Fund) Act 2011
Act No. of
sch. 1
SCHEDULE 1 - MEMBERSHIP OF BOARD OF
MANAGEMENT
Section 5(5)
1. Interpretation
In this Schedule -
"member" means a member of the Board of
Management.
2. Term of office
(1) The term of office of a member is 3 years.
(2) A member may hold office for more than one
term.
3. Holding other office
The holder of an office who is required by the
terms of his or her employment to devote the
whole of his or her time to the duties of that
office is not disqualified from -
(a) holding that office and also the office of
a member; or
(b) accepting any remuneration payable to a
member.
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Trust Fund) Act 2011
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4. State Service Act
(1) The State Service Act 2000 does not apply in
relation to a member in his or her capacity as a
member.
(2) A person may hold the office of member in
conjunction with State Service employment.
5. Allowances
(1) A member is entitled to be paid such allowances
as the Minister determines.
(2) A member who is a State Service employee or
State Service officer is not entitled to allowances
under this clause except with the approval of the
Minister administering the State Service Act
2000.
(3) A member holds office on such conditions in
relation to matters not provided for by this Act
as are specified in the member's instrument of
appointment.
6. Vacation of office
(1) A member vacates office if he or she -
(a) dies while holding office; or
(b) resigns by written notice given to the
Minister; or
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Trust Fund) Act 2011
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sch. 1
(c) becomes bankrupt, applies to take the
benefit of any law for the relief of
bankrupt or insolvent debtors,
compounds with the creditors of the
member, or makes an assignment of the
member's remuneration or estate for their
benefit; or
(d) is absent from 3 consecutive meetings of
the Board of Management, of which
reasonable notice has been given to the
member, either personally or in the
ordinary course of post, and the member
is not excused by the Board of
Management from attendance at any of
those meetings; or
(e) is convicted in Tasmania of an offence
which is punishable by imprisonment for
a period of not less than 12 months, or if
the member is convicted elsewhere than
in Tasmania of an offence which, if
committed in Tasmania, would be an
offence so punishable; or
(f) is removed from office under
subclause (2).
(2) The Minister may remove a member from office
if the Minister is satisfied that the member -
(a) is incapable, whether by reason of ill-
health or otherwise, of performing
adequately the duties of that office; or
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Trust Fund) Act 2011
Act No. of
sch. 1
(b) has voted at any meeting of the Board of
Management in contravention of the
rules relating to disclosure of interest set
out in clause 5 of Schedule 2.
(3) If the office of a member appointed under
section 5(2)(a) is vacant, the executive
committee of Fruit Growers Tasmania Inc may
appoint a person to the vacant office for the
balance of the term of office of that member.
(4) If the office of a member appointed under
section 5(2)(b) is vacant, the Minister may
appoint a person to the vacant office for the
balance of the term of office of that member.
7. Validity of proceedings, &c.
(1) An act or proceeding of the Board of
Management or of a person acting under a
direction of the Board of Management is not
invalidated by reason only that at the time when
the act or proceeding was done, taken or
commenced there was a vacancy in the office of
a member.
(2) All acts and proceedings of the Board of
Management or of a person acting under a
direction of the Board of Management are,
despite the subsequent discovery of any defect in
the appointment of a member or that any other
person was disqualified from acting as, or
incapable of being, a member, as valid as if the
member had been duly appointed and was
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Trust Fund) Act 2011
Act No. of
sch. 1
qualified to act as, or capable of being, a
member, and as if the Board of Management had
been fully constituted.
8. Presumptions
In any proceeding by or against the Board of
Management, unless evidence is given to the
contrary, proof is not required of -
(a) the constitution of the Board of
Management; or
(b) the appointment of any member.
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Fruit and Nut Industry (Research, Development and Extension
Trust Fund) Act 2011
Act No. of
sch. 2
SCHEDULE 2 - MEETINGS OF BOARD OF
MANAGEMENT
Section 5(6)
1. Interpretation
In this Schedule -
"member" means member of the Board of
Management.
2. Convening of meetings
The members may hold such meetings as they
consider necessary for the administration of the
Board of Management.
3. Quorum
(1) The Board of Management may not conduct any
business at a meeting unless -
(a) at least 2 members appointed under
section 5(2)(a) are present; and
(b) the member appointed under
section 5(2)(b) is present.
(2) Subject to the rules and procedures approved
under section 5(4), a meeting of the Board of
Management at which a quorum is present is
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Trust Fund) Act 2011
Act No. of
sch. 2
competent to transact any business of the Board
of Management.
4. Voting
(1) A resolution carried by at least 3 of the votes of
the members at a meeting is a resolution of the
Board of Management.
(2) Each member is entitled to one vote on a matter
arising for resolution by the Board of
Management.
5. Disclosure of interests
(1) If a member has a direct or indirect pecuniary
interest, otherwise than in common with all other
persons engaged in the fruit and nut industry, in
a matter being considered or about to be
considered by the Board of Management, the
member is to, as soon as possible after the
relevant facts have come to his or her
knowledge, disclose the nature of that interest at
a meeting of the Board of Management.
(2) A disclosure under subclause (1) is to be
recorded in the minutes of the meeting and the
member must not, unless the Board of
Management otherwise determines -
(a) be present during any deliberation of the
Board of Management with respect to
that matter; or
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Fruit and Nut Industry (Research, Development and Extension
Trust Fund) Act 2011
Act No. of
sch. 2
(b) take part in any decision of the Board of
Management with respect to that matter.
(3) For the purpose of making a determination under
subclause (2), the member to whom the
disclosure relates must not -
(a) be present during any deliberation of the
Board of Management for the purpose of
making that determination; or
(b) take part in making the determination.
6. Minutes of meetings
The Board of Management is to cause accurate
minutes to be kept of the business conducted at
meetings of the Board of Management.
7. General procedure
The procedure for the calling of, and for the
conduct of business at, meetings of the Board of
Management is subject to the rules and
procedures approved by the Minister under
section 5(4).
8. Presumptions
In any proceeding by or against the Board of
Management, unless evidence is given to the
contrary, proof is not required of -
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Fruit and Nut Industry (Research, Development and Extension
Trust Fund) Act 2011
Act No. of
sch. 2
(a) any resolution of the Board of
Management; or
(b) the presence of a quorum at any meeting
of the Board of Management.
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Trust Fund) Act 2011
Act No. of
sch. 3
SCHEDULE 3 - TRANSITIONAL AND SAVINGS
PROVISIONS
Section 9
1. Members of Board of Management
A member of the Board of Management
appointed under the Repealed Act and holding
office as such a member immediately before the
day on which this Act commences is taken to
have been appointed as a member of the Board
of Management under section 5(2) of this Act.
2. Construction of documents
(1) A reference in a document to the Fruit Crop
Insurance Board appointed and holding office
under Part II of the Apple and Pear Industry
(Crop Insurance) Act 1982 is taken, if
appropriate, to be or to include a reference to the
Crown.
(2) A reference in a document to the APIRD
Account is taken, if appropriate, to be or to
include a reference to the FNRDE Account.
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Trust Fund) Act 2011
Act No. of
sch. 4
SCHEDULE 4 - LEGISLATION REPEALED
Section 10
Apple and Pear Industry (Crop Insurance) Amendment and
Repeal Act 1999 (No. 79 of 1999)
Government Printer, Tasmania 21