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This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
FOREST PRACTICES ADMINISTRATIVE
REFORM (TRANSITIONAL AND
CONSEQUENTIAL) BILL 2004
__________
CONTENTS
1. Short title
2. Commencement
3. Savings and transitional
4. Consequential amendments
5. Section 32A of Freedom of Information Act 1991 repealed
Schedule 1 - Savings and transitional
Schedule 2 - Consequential Amendments
[Bill 74]-III
2
FOREST PRACTICES ADMINISTRATIVE
REFORM (TRANSITIONAL AND
CONSEQUENTIAL) BILL 2004
(Brought in by the Minister for Infrastructure, Energy and
Resources, the Honourable Bryan Alexander Green)
A BILL FOR
An Act to provide for savings and transitional
matters, and to amend certain legislation,
consequent on the enactment of the Forest Practices
Amendment (Administrative Reform) Act 2004, and
to repeal section 32A of the Freedom of Information
Act 1991
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:
Short title
1. This Act may be cited as the Forest Practices
Administrative Reform (Transitional and Consequential)
Act 2004.
Commencement
2. This Act commences on the day on which the Forest
Practices Amendment (Administrative Reform) Act 2004
commences.
THIS BILL IS COGNATE WITH THE FOREST PRACTICES AMENDMENT
(ADMINISTRATIVE REFORM) BILL 2004
[Bill 74] 3
s. 3 No. Forest Practices Administrative Reform 2004
(Transitional and Consequential)
Savings and transitional
3. The savings and transitional provisions set out in
Schedule 1 have effect.
Consequential amendments
4. The legislation specified in Schedule 2 is amended as
specified in that Schedule.
Section 32A of Freedom of Information Act 1991
repealed
5. Section 32A of the Freedom of Information Act 1991 is
repealed.
4
2004 Forest Practices Administrative Reform No. sch. 1
(Transitional and Consequential)
SCHEDULE 1 - SAVINGS AND TRANSITIONAL
Section 3
Interpretation
1. In this Schedule -
"commencement day" means the day on which the
Forest Practices Amendment (Administrative
Reform) Act 2004 commences;
"Council" means the Forest Practices Advisory
Council established under section 37A of the
Forest Practices Act 1985;
"existing member" means -
(a) in respect of the reconstituted regulatory
body, a person who was a member of
that body immediately before the
commencement day; and
(b) in respect of the Council, a person who,
immediately before the commencement
day, was a Council member referred to
in paragraph (a), (e) or (g) of section
37A(2) of the Forest Practices Act 1985;
"reconstituted regulatory body" means the body,
referred to in section 4AA of the Forest
Practices Act 1985, which -
(a) immediately before the commencement
day, was named the "Forest Practices
Board"; and
(b) is continuing, on and after the
commencement day, as the "Forest
Practices Authority".
5
sch. 1 No. Forest Practices Administrative Reform 2004
(Transitional and Consequential)
Continuation of reconstituted regulatory body's
identity and rights
2. The corporate identity and rights of the reconstituted
regulatory body are not affected by the change of its name
or its reconstitution effected by the Forest Practices
Amendment (Administrative Reform) Act 2004.
Membership of reconstituted regulatory body:
termination of existing appointments
3. For the avoidance of doubt, the term of appointment of
each existing member of the reconstituted regulatory body
ceases on the commencement of the Forest Practices
Amendment (Administrative Reform) Act 2004 but, if
qualified, he or she is eligible to be appointed to the Board
of Directors of that body as reconstituted by that Act.
Membership of Forest Practices Advisory Council:
termination of certain existing appointments
4. For the avoidance of doubt, the term of appointment of
each existing member of the Council ceases on the
commencement of the Forest Practices Amendment
(Administrative Reform) Act 2004 but, if qualified, he or
she is eligible to be nominated or appointed as a member
of the Council after that commencement.
6
2004 Forest Practices Administrative Reform No. sch. 2
(Transitional and Consequential)
SCHEDULE 2 - CONSEQUENTIAL AMENDMENTS
Section 4
Forestry Act 1920
1. Section 4(1) is amended by omitting "Forest Practices
Board" from the definition of "Forest Practices Code" and
substituting "Forest Practices Authority".
Government Business Enterprises Act 1995
1. Schedule 1 is amended by omitting
Forestry corporation established by the Forestry Act 1920
(other than that Division of the Forestry corporation
known as the Forest Practices Board)
from Part 2 and substituting:
Forestry corporation established by the Forestry Act 1920
2. Schedule 2 is amended by omitting
Forestry corporation established by the Forestry Act 1920
(other than that Division of the Forestry corporation
known as the Forest Practices Board)
and substituting:
Forestry corporation established by the Forestry Act 1920
3. Schedule 3 is amended by omitting
7
sch. 2 No. Forest Practices Administrative Reform 2004
(Transitional and Consequential)
Forestry corporation established by the Forestry Act 1920
(other than that Division of the Forestry Corporation
known as the Forest Practices Board)
and substituting:
Forestry corporation established by the Forestry Act 1920
4. Schedule 4 is amended by omitting
Forestry corporation established by the Forestry Act 1920
(other than that Division of the Forestry corporation
known as the Forest Practices Board)
and substituting:
Forestry corporation established by the Forestry Act 1920
Nature Conservation Act 2002
1. Section 33 is amended as follows:
(a) by omitting "Forest Practices Board" from the
definition of "affected owner" and substituting
"Forest Practices Authority";
(b) by omitting the definition of "Forest Practices
Board" and substituting the following
definition:
"Forest Practices Authority" means
the body referred to in section 4AA
of the Forest Practices Act 1985;
2. Section 44 is amended as follows:
8
2004 Forest Practices Administrative Reform No. sch. 2
(Transitional and Consequential)
(a) by omitting from subsection (7) "Forest
Practices Board" and substituting "Forest
Practices Authority";
(b) by omitting from subsection (8) "Forest
Practices Board" three times occurring and
substituting "Forest Practices Authority";
(c) by omitting from subsection (8)(a) "that Board"
and substituting "that Authority";
(d) by omitting from subsection (8)(b) "that Board"
and substituting "that Authority";
(e) by omitting from subsection (8)(c) "that Board"
and substituting "that Authority";
(f) by omitting from subsection (8)(d) "that Board"
and substituting "that Authority";
(g) by omitting from subsection (9) "Forest
Practices Board" and substituting "Forest
Practices Authority".
Ombudsman Act 1978
1. Clause 21 of Schedule 1 is amended by omitting "Forest
Practices Board" and substituting "Forest Practices
Authority".
Private Forests Act 1994
1. Section 3 is amended by omitting the definition of
"Forest Practices Board" and substituting the following
definition:
9
sch. 2 No. Forest Practices Administrative Reform 2004
(Transitional and Consequential)
"Forest Practices Authority" means the body
referred to in section 4AA of the Forest
Practices Act 1985;
2. Section 6(1) is amended as follows:
(a) by omitting from paragraph (c) "Forest
Practices Board" and substituting "Forest
Practices Authority";
(b) by omitting from paragraph (g) "Forest
Practices Board" and substituting "Forest
Practices Authority".
10 Government Printer, Tasmania