Western Australian Bills Western Australian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Marketing of Potatoes Amendment and Repeal
Bill 2016
Contents
Part 1 -- Preliminary matters
1. Short title 2
2. Commencement 2
Part 2 -- Marketing of Potatoes
Act 1946 amended
3. Act amended 3
4. Long title replaced 3
5. Section 5 amended 3
6. Section 5A inserted 3
5A. Application of Act limited 3
7. Section 8 deleted 3
8. Section 17AA inserted 4
17AA. Corporation to continue performing its
functions for certain purposes 4
9. Section 19A deleted 5
10. Section 20B deleted 5
11. Section 44 deleted 5
12. Part 6 inserted 5
Part 6 -- Transitional provisions for Marketing of
Potatoes Amendment and Repeal Act 2016
45. Terms used 5
46. Former Corporation abolished 6
47. Existing employees 6
48. Transfer of contracts for services 7
49. Transfer of assets, liabilities, proceedings,
remedies and immunities 7
50. Exemption from State tax 8
51. Closure of accounts 9
52. Agreements, instruments and documents 9
206--1 page i
Marketing of Potatoes Amendment and Repeal Bill 2016
Contents
53. Completion of things commenced 10
54. Continuing effect of things done 10
55. Effect on other instruments, rights and
obligations 11
56. Interpretation Act 1984 not affected 11
57. Transitional regulations 11
Part 3 -- Repeals and consequential
amendments
Division 1 -- Marketing of Potatoes Act 1946
and regulations repealed
13. Repeals 14
Division 2 -- Other Acts amended
14. Constitution Acts Amendment Act 1899 amended 14
15. Financial Management Act 2006 amended 14
16. Statutory Corporations (Liability of Directors)
Act 1996 amended 14
page ii
Western Australia
LEGISLATIVE ASSEMBLY
Marketing of Potatoes Amendment and Repeal
Bill 2016
A Bill for
An Act --
• to repeal the Marketing of Potatoes Act 1946 to deregulate the
ware potato industry; and
• to provide for consequential amendments to other Acts and
related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Marketing of Potatoes Amendment and Repeal Bill 2016
Part 1 Preliminary matters
s. 1
1 Part 1 -- Preliminary matters
2 1. Short title
3 This is the Marketing of Potatoes Amendment and Repeal
4 Act 2016.
5 2. Commencement
6 This Act comes into operation as follows --
7 (a) Part 1 -- on the day on which this Act receives the
8 Royal Assent;
9 (b) sections 3 to 11 -- on 30 September 2016;
10 (c) section 12 -- on 31 December 2016;
11 (d) the rest of the Act -- on a day fixed by proclamation,
12 and different days may be fixed for different provisions.
page 2
Marketing of Potatoes Amendment and Repeal Bill 2016
Marketing of Potatoes Act 1946 amended Part 2
s. 3
1 Part 2 -- Marketing of Potatoes Act 1946 amended
2 3. Act amended
3 This Part amends the Marketing of Potatoes Act 1946.
4 4. Long title replaced
5 Delete the long title and insert:
6
7 An Act to provide for the winding up of the Potato
8 Marketing Corporation of Western Australia and related
9 purposes.
10
11 5. Section 5 amended
12 In section 5(1) insert in alphabetical order:
13
14 transition day means the day on which the Marketing of
15 Potatoes Amendment and Repeal Act 2016 section 12 comes
16 into operation;
17
18 6. Section 5A inserted
19 After section 5 insert:
20
21 5A. Application of Act limited
22 This Act does not apply on or after transition day
23 except as provided in Part 6.
24
25 7. Section 8 deleted
26 Delete section 8.
page 3
Marketing of Potatoes Amendment and Repeal Bill 2016
Part 2 Marketing of Potatoes Act 1946 amended
s. 8
1 8. Section 17AA inserted
2 At the beginning of Part II Division 2 insert:
3
4 17AA. Corporation to continue performing its functions
5 for certain purposes
6 (1) The Corporation must continue to perform its functions
7 under this Act, but only for the following purposes --
8 (a) to complete any domestic marketing pool that
9 was established, but not concluded,
10 immediately before the commencement of this
11 section;
12 (b) to continue any legal proceedings as far as is
13 reasonably practicable until transition day and
14 to make all reasonable endeavours to facilitate
15 the continuation of those proceedings by the
16 State on and after that day in accordance with
17 Part 6;
18 (c) to prepare reports and financial statements,
19 including to facilitate the preparation of the
20 final report required under the Financial
21 Management Act 2006 Part 5 Division 3;
22 (d) to wind up its affairs (including realising its
23 assets and discharging its liabilities) as soon as
24 practicable but, in any case, not later than
25 transition day.
26 (2) The Corporation may do all things necessary or
27 convenient to be done for acting under subsection (1)
28 including --
29 (a) entering into negotiations with commercial
30 producers on any matter relating to its winding
31 up; and
32 (b) executing a contract, deed or other instrument
33 necessary for its winding up.
page 4
Marketing of Potatoes Amendment and Repeal Bill 2016
Marketing of Potatoes Act 1946 amended Part 2
s. 9
1 (3) This section overrides sections 17A and 19 and those
2 sections must be read as if the Corporation's functions
3 were conferred only to give effect to the purposes
4 specified in subsection (1).
5
6 9. Section 19A deleted
7 Delete section 19A.
8 10. Section 20B deleted
9 Delete section 20B.
10 11. Section 44 deleted
11 Delete section 44.
12 12. Part 6 inserted
13 At the end of the Act insert:
14
15 Part 6 -- Transitional provisions for Marketing
16 of Potatoes Amendment and Repeal Act 2016
17 45. Terms used
18 In this Part, unless the contrary intention appears --
19 assets --
20 (a) means any legal or equitable estate or interest
21 (whether present or future, whether vested or
22 contingent and whether personal or assignable)
23 in real or personal property of any description;
24 and
25 (b) includes money and securities, choses in action
26 and documents;
27 former Corporation means the Corporation as in
28 existence immediately before transition day;
page 5
Marketing of Potatoes Amendment and Repeal Bill 2016
Part 2 Marketing of Potatoes Act 1946 amended
s. 12
1 liability means any liability, duty or obligation whether
2 actual, contingent or prospective, liquidated or
3 unliquidated, or whether owed alone or jointly or
4 jointly and severally with any other person;
5 new employer means a department of the Public
6 Service of the State designated by the Minister by
7 notice published in the Gazette;
8 right means any right, power, privilege or immunity
9 whether actual, contingent or prospective.
10 46. Former Corporation abolished
11 (1) On transition day, the former Corporation is abolished.
12 (2) A person who, immediately before transition day, is a
13 member of the former Corporation ceases to be a
14 member on that day.
15 47. Existing employees
16 (1) In this section --
17 existing employee means a person --
18 (a) who, immediately before transition day, is
19 employed by the former Corporation; and
20 (b) whose contract of employment does not expire
21 until after that day.
22 (2) An existing employee, on and after transition day, is
23 taken to be employed under this Act as an employee of
24 the new employer.
25 (3) Except as otherwise agreed by an existing employee,
26 the operation of this section does not --
27 (a) affect the employee's remuneration; or
28 (b) affect the employee's existing or accruing
29 rights in respect of annual leave, long service
30 leave, sick leave or any other leave; or
page 6
Marketing of Potatoes Amendment and Repeal Bill 2016
Marketing of Potatoes Act 1946 amended Part 2
s. 12
1 (c) affect any rights under a superannuation
2 scheme; or
3 (d) interrupt the continuity of the employee's
4 service.
5 (4) For the purposes of this section --
6 (a) an existing employee's service with the former
7 Corporation is taken to have been service with
8 the new employer; and
9 (b) the new employer may employ an existing
10 employee otherwise than under the Public
11 Sector Management Act 1994 Part 3, and that
12 employee is to be employed subject to any
13 relevant industrial award or agreement.
14 48. Transfer of contracts for services
15 A person engaged by the former Corporation under a
16 contract for services that is in force immediately before
17 transition day is taken to have been engaged, on and
18 after transition day, by the new employer on the same
19 terms and conditions for the remainder of the duration
20 of the contract.
21 49. Transfer of assets, liabilities, proceedings, remedies
22 and immunities
23 (1) On transition day --
24 (a) the assets and rights of the former Corporation
25 immediately before that day vest in or become,
26 by force of this section, the property of the
27 State; and
28 (b) the liabilities of the former Corporation
29 immediately before that day become, by force
30 of this section, the liabilities of the State.
31 (2) On and after transition day, any proceedings or remedy
32 that, immediately before that day, might have been
page 7
Marketing of Potatoes Amendment and Repeal Bill 2016
Part 2 Marketing of Potatoes Act 1946 amended
s. 12
1 brought or continued by or available against or to the
2 former Corporation may be brought or continued by,
3 and are or is available against or to, the State.
4 (3) As soon as is practicable after transition day, all papers,
5 documents, minutes, books of account and other
6 records (however compiled, recorded or stored)
7 relating to the operations of the former Corporation are
8 to be delivered to the Minister.
9 50. Exemption from State tax
10 (1) In this section --
11 State tax includes --
12 (a) duty chargeable under the Duties Act 2008; and
13 (b) any other tax, duty, fee, levy or charge under a
14 law of the State.
15 (2) State tax is not payable in relation to --
16 (a) anything that occurs by the operation of this
17 Part; or
18 (b) anything done (including a transaction entered
19 into or an instrument or document of any kind
20 made, executed, lodged or given) under this
21 Part, or to give effect to this Part, or for a
22 purpose connected with or arising out of giving
23 effect to this Part.
24 (3) The Minister may certify in writing that --
25 (a) a specified thing occurred by operation of this
26 Part; or
27 (b) a specified thing was done under this Part, or to
28 give effect to this Part, or for a purpose
29 connected with or arising out of giving effect to
30 this Part.
page 8
Marketing of Potatoes Amendment and Repeal Bill 2016
Marketing of Potatoes Act 1946 amended Part 2
s. 12
1 (4) For all purposes and in all proceedings, a certificate
2 under subsection (3) is sufficient evidence of the
3 matters it certifies, unless the contrary is shown.
4 51. Closure of accounts
5 (1) As soon as is practicable after transition day, any
6 account maintained by the former Corporation must be
7 closed by the Minister and the moneys in the account
8 credited to the Account.
9 (2) The Minister must, by notice published in the Gazette,
10 order that any money standing to the credit of the
11 Account be credited to the Consolidated Account if the
12 Minister is satisfied that the affairs of the former
13 Corporation have been completely wound up.
14 (3) The Minister must, by notice published in the Gazette,
15 order that the Account be closed if the Minister is
16 satisfied that --
17 (a) there is no money standing to the credit of that
18 account; and
19 (b) there is no further money to be credited to that
20 account.
21 (4) On the publication of an order under subsection (3), the
22 Account is closed.
23 52. Agreements, instruments and documents
24 (1) In this section --
25 subsisting, in relation to an agreement, instrument or
26 document, means subsisting immediately before
27 transition day.
28 (2) A subsisting agreement, instrument or document that
29 contains a reference to the former Corporation has
30 effect from that day as if that reference were amended
31 to be a reference to the Minister.
page 9
Marketing of Potatoes Amendment and Repeal Bill 2016
Part 2 Marketing of Potatoes Act 1946 amended
s. 12
1 (3) Subsection (2) does not apply to an agreement or
2 instrument to which the former Corporation was a
3 party.
4 (4) A subsisting agreement or instrument to which the
5 former Corporation was a party has effect from
6 transition day as if --
7 (a) the Minister were substituted for the former
8 Corporation as a party to the agreement or
9 instrument; and
10 (b) a reference to the former Corporation in the
11 agreement or instrument were amended to be a
12 reference to the Minister.
13 (5) Subsection (2) or (4)(b) does not apply to a reference
14 if --
15 (a) regulations made under section 57 provide
16 otherwise; or
17 (b) that application would be inappropriate in the
18 context in which the reference occurs.
19 53. Completion of things commenced
20 Anything commenced to be done by the former
21 Corporation before transition day may be continued by
22 the Minister so far as the doing of that thing is within
23 the functions of the Minister.
24 54. Continuing effect of things done
25 (1) In this section --
26 relevant act means an act, matter or thing done or
27 omitted to be done before transition day by, to or in
28 respect of the former Corporation.
29 (2) To the extent that a relevant act has force or
30 significance on or after transition day it is taken, from
31 that day, to have been done or omitted by, to or in
page 10
Marketing of Potatoes Amendment and Repeal Bill 2016
Marketing of Potatoes Act 1946 amended Part 2
s. 12
1 respect of the Minister so far as the act, matter or thing
2 is relevant to the functions of the Minister.
3 (3) This section does not affect the operation of any other
4 provision of this Part.
5 55. Effect on other instruments, rights and obligations
6 The operation of this Part must not be regarded --
7 (a) as a breach of contract or confidence or
8 otherwise a civil wrong; or
9 (b) as a breach of any contractual provision
10 prohibiting, restricting or regulating the
11 assignment or transfer of assets, rights or
12 liabilities or the disclosure of information; or
13 (c) as giving rise to any remedy by a party to an
14 instrument, or as causing or permitting the
15 termination of any instrument, because of a
16 change in the beneficial or legal ownership of
17 any assets, rights or liabilities; or
18 (d) as causing any contract or instrument to be void
19 or otherwise unenforceable; or
20 (e) as releasing or allowing the release of any
21 surety.
22 56. Interpretation Act 1984 not affected
23 Except to the extent this Part expressly provides
24 differently, the Interpretation Act 1984 applies in
25 relation to the repeal of an enactment by the Marketing
26 of Potatoes Amendment and Repeal Act 2016.
27 57. Transitional regulations
28 (1) In this section --
29 publication day, for regulations made under
30 subsection (2), means the day on which those
31 regulations are published in the Gazette;
page 11
Marketing of Potatoes Amendment and Repeal Bill 2016
Part 2 Marketing of Potatoes Act 1946 amended
s. 12
1 specified means specified or described in regulations
2 made under subsection (2);
3 transitional matter means any matter of a transitional
4 or savings nature arising from the enactment of the
5 Marketing of Potatoes Amendment and Repeal
6 Act 2016.
7 (2) If there is no sufficient provision in this Part for
8 dealing with a transitional matter, the Governor may
9 make regulations prescribing matters necessary or
10 convenient to be prescribed for the purpose of dealing
11 with the transitional matter.
12 (3) Regulations made under subsection (2) may provide
13 that specified provisions of a written law --
14 (a) do not apply to or in relation to a specified
15 matter; or
16 (b) apply with specified modifications to or in
17 relation to a specified matter.
18 (4) If regulations made under subsection (2) provide that a
19 specified state of affairs is taken to have existed, or not
20 to have existed, on and after a day that is earlier than
21 the publication day but not earlier than transition day,
22 the regulations have effect according to their terms.
23 (5) If regulations contain a provision referred to in
24 subsection (4), the provision does not operate so as --
25 (a) to affect in a manner prejudicial to a person
26 (other than the State or an authority of the
27 State) the rights of that person existing before
28 the publication day for those regulations; or
29 (b) to impose liabilities on a person (other than the
30 State or an authority of the State) in respect of
31 an act done or omission made before the
32 publication day for those regulations.
page 12
Marketing of Potatoes Amendment and Repeal Bill 2016
Marketing of Potatoes Act 1946 amended Part 2
s. 12
1 (6) Regulations can only be made under subsection (2)
2 within 24 months after the day on which the Marketing
3 of Potatoes Amendment and Repeal Act 2016 receives
4 the Royal assent.
5
page 13
Marketing of Potatoes Amendment and Repeal Bill 2016
Part 3 Repeals and consequential amendments
Division 1 Marketing of Potatoes Act 1946 and regulations repealed
s. 13
1 Part 3 -- Repeals and consequential amendments
2 Division 1 -- Marketing of Potatoes Act 1946 and
3 regulations repealed
4 13. Repeals
5 These written laws are repealed:
6 (a) the Marketing of Potatoes Act 1946;
7 (b) the Marketing of Potatoes Regulations 1987.
8 Division 2 -- Other Acts amended
9 14. Constitution Acts Amendment Act 1899 amended
10 (1) This section amends the Constitution Acts Amendment Act 1899.
11 (2) In Schedule V Part 3 delete the item relating to the Potato
12 Marketing Corporation of Western Australia.
13 15. Financial Management Act 2006 amended
14 (1) This section amends the Financial Management Act 2006.
15 (2) In Schedule 1 delete the item relating to the Potato Marketing
16 Corporation of Western Australia.
17 16. Statutory Corporations (Liability of Directors) Act 1996
18 amended
19 (1) This section amends the Statutory Corporations (Liability of
20 Directors) Act 1996.
21 (2) In Schedule 1 delete the item relating to the Potato Marketing
22 Corporation of Western Australia.
23
[Index] [Search] [Download] [Related Items] [Help]