1Short title [see Note 1]
This Act may be cited as the Dairy Industry Service Reform Act 2003.
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Bill homepage (APH)This Act may be cited as the Dairy Industry Service Reform Act 2003.
Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.
Commencement information | ||
Column 1 | Column 2 | Column 3 |
Provision(s) | Commencement | Date/Details |
1. Sections 1 to 43 and anything in this Act not elsewhere covered by this table | The day on which this Act receives the Royal Assent | 15 April 2003 |
2. Schedule 1 | A single day to be fixed by Proclamation | 1 July 2003 |
This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.
Column 3 of the table is for additional information that is not part of this Act. This information may be included in any published version of this Act.
Each Act, and each set of regulations, that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
This Act binds the Crown in all its capacities.
This Act extends to all the external Territories.
This Act applies both within and outside Australia.
Provision of information
The Australian Dairy Corporation may, by notice in writing, require a first purchaser who purchases relevant dairy produce from the producer of the produce to provide to the Corporation, within the time specified in the notice, the name, address, contact details and ABN of the producer.
A first purchaser must comply with a notice under subsection (1).
Use or disclosure of information
The Australian Dairy Corporation may use or disclose information about producers provided to it under this section for any of the following purposes:
to inform the producers about the amendments to be made by this Act;
to make the producers aware of their eligibility to become a member of Dairy Australia Limited;
to invite the producers to make applications to the Corporation to become such a member;
to develop a list of those producers eligible to become such a member.
Definitions
In this section:
ABN has the meaning given by section 41 of the A New Tax System (Australian Business Number) Act 1999.
first purchaser has the same meaning as in the Primary Industries Levies and Charges Collection Act 1991.
producer has the same meaning as in the Primary Industries Levies and Charges Collection Act 1991.
relevant dairy produce has the same meaning as in the Primary Industries (Excise) Levies Act 1999.
In this Part, unless the contrary intention appears:
ADC means the Australian Dairy Corporation as in existence before the conversion time.
ASIC means the Australian Securities and Investments Commission.
asset means:
any legal or equitable estate or interest in real or personal property, whether actual, contingent or prospective; and
any right, power, privilege or immunity, whether actual, contingent or prospective.
combined service period, in relation to a transferring employee, means the total of:
the period that is, immediately before the conversion time, the employee’s period of service for the purposes of the Long Service Leave Act; and
the period during which the employee continues to be an employee of Dairy Australia Limited.
commencing time means the beginning of the day on which this Act receives the Royal Assent.
conversion time means the time when Schedule 1 commences.
Dairy Australia Limited means ADC, after it is registered under the Corporations Act 2001 as mentioned in section 11 of this Act.
DRDC means the Dairy Research and Development Corporation as in existence before the conversion time.
employee, in relation to DRDC, means a person who is an officer or employee of DRDC immediately before the conversion time.
liability means any liability, duty or obligation, whether actual, contingent or prospective.
Long Service Leave Act means the Long Service Leave (Commonwealth Employees) Act 1976, as in force immediately before the conversion time.
Maternity Leave Act means the Maternity Leave (Commonwealth Employees) Act 1973, as in force immediately before the conversion time.
proposed director means a person specified as a director under paragraph 601BC(2)(f) of the Corporations Act 2001 in relation to the application to ASIC to register ADC as a company limited by guarantee.
SRC Act means the Safety, Rehabilitation and Compensation Act 1988, as in force immediately before the conversion time.
transferring ADC employee means a person who is an officer or employee of ADC immediately before the conversion time.
transferring DRDC employee means a person who is taken to have been engaged as an employee of Dairy Australia Limited under section 20.
transferring employee means a transferring ADC employee or a transferring DRDC employee.
Application
As soon as practicable after the commencing time, ADC must apply to ASIC under Part 5B.1 of the Corporations Act 2001 to register ADC as a company limited by guarantee.
ADC is hereby authorised to make the application.
Directors
The application must not specify a person as a director under paragraph 601BC(2)(f) of the Corporations Act 2001 unless the Minister has first approved in writing the person being so specified.
Constitution
The application must be accompanied by a copy of ADC’s proposed constitution. The proposed constitution must first be approved in writing by the Minister.
During the period beginning at the commencing time and ending immediately before the conversion time:
the Minister, on behalf of the Commonwealth; and
at least 3 of the proposed directors, on behalf of Dairy Australia Limited;
may enter into a contract of a kind that could be entered into after the conversion time under section 5 of the Dairy Produce Act 1986.
If such a contract is entered into, then, at the conversion time:
the Commonwealth and Dairy Australia Limited are taken to have entered into the contract under section 5 of the Dairy Produce Act 1986; and
Dairy Australia Limited becomes bound by the contract and entitled to its benefit.
If such a contract is entered into, one of the effects of this section is that, after the conversion time, the Minister would be able to declare Dairy Australia Limited as the industry services body under section 7 of the Dairy Produce Act 1986.
At the conversion time, ASIC is taken to have registered ADC under section 601BD of the Corporations Act 2001:
as a company limited by guarantee; and
with the name “Dairy Australia Limited”.
The effect of registration of ADC under the Corporations Act 2001 is not to create a new legal entity: see section 601BM of that Act.
ASIC must issue a certificate and ACN under section 601BD of the Corporations Act 2001 in respect of the registration. The date of registration is to be the day on which the conversion time occurred.
Nothing in this Part prevents, after the conversion time:
a change in the name of Dairy Australia Limited; or
a change in the structure, constitution or membership of Dairy Australia Limited.
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