1Short title
This Act may be cited as the Pig Industry Act 2001.
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Bill homepage (APH)This Act may be cited as the Pig Industry Act 2001.
This Act commences on the day on which it receives the Royal Assent.
This Act binds the Crown in all its capacities.
This Act extends to all the external Territories.
This Act extends to acts, omissions, matters and things outside Australia, whether or not in a foreign country.
In this Act, unless the contrary intention appears:
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 an employee, means the total of:
the period that is, immediately before the transfer 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 the industry services body.
DFRDB Act means the Defence Force Retirement and Death Benefits Act 1973.
employee:
in relation to the Australian Pork Corporation, means a person who was an officer or employee immediately before the transfer time; and
in relation to the Pig Research and Development Corporation, means a person who was an officer or employee (including the Executive Director) immediately before the transfer time.
industry services body means the body that was the industry services body under this Act on 31 December 2024.
instrument means:
an Act or any instrument under an Act; or
any other document.
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 transfer time.
Maternity Leave Act means the Maternity Leave (Commonwealth Employees) Act 1973, as in force immediately before the transfer time.
SRC Act means the Safety, Rehabilitation and Compensation Act 1988, as in force immediately before the transfer time.
statutory authority means:
the Australian Pork Corporation; or
the Pig Research and Development Corporation.
successor body has the meaning given by section 14.
transferring employee means a person who:
was an employee of a statutory authority immediately before the transfer time; and
becomes an employee of the successor body at the transfer time.
transfer time means the time declared as the transfer time under section 13.
It is a function of each statutory authority to plan, facilitate and participate in:
its abolition under this Act; and
the implementation of this Act.
Each statutory authority also has the function of providing funds to another entity in order to:
meet expenses or liabilities that the entity incurs in participating in processes of the kind mentioned in subsection (1); or
reimburse the entity for such expenses.
The Minister may give a written direction to a statutory authority about the performance of its functions under this section. The statutory authority must comply with the direction.
The Minister must cause a copy of a direction to be laid before each House of the Parliament within 15 sitting days of that House after the direction is given.
In this section:
entity means any person or body (including the Commonwealth).
The Minister must, in writing, declare the beginning of a specified day to be the transfer time for the purposes of this Act.
The first body that is declared as the industry services body automatically becomes the successor body.
This section provides for an asset of a statutory authority (the transferor) to become an asset of:
the successor body (the transferee); or
the Commonwealth (the transferee).
The Minister may, in writing, make any or all of the following declarations in relation to the asset:
a declaration that the asset vests in the transferee at the transfer time without any conveyance, transfer or assignment;
a declaration that a specified instrument relating to the asset continues to have effect after the transfer time as if a reference in the instrument to the transferor were a reference to the transferee;
a declaration that the transferee becomes the transferor’s successor in law in relation to the asset immediately after the transfer time.
An asset or instrument may be specified by name, by inclusion in a specified class or in any other way.
The declaration has effect accordingly.
The Minister, on behalf of the Commonwealth, may sell any asset that vests in the Commonwealth under this section.
This section provides for a liability of a statutory authority (the transferor) to become a liability of:
the successor body (the transferee); or
the Commonwealth (the transferee).
The Minister may, in writing, make any or all of the following declarations in relation to the liability:
a declaration that the liability vests in the transferee at the transfer time without any conveyance, transfer or assignment;
a declaration that a specified instrument relating to the liability continues to have effect after the transfer time as if a reference in the instrument to the transferor were a reference to the transferee;
a declaration that the transferee becomes the transferor’s successor in law in relation to the liability immediately after the transfer time.
The declaration has effect accordingly.
For the purposes of this section, a liability or instrument may be specified by name, by inclusion in a specified class or in any other way.
The Consolidated Revenue Fund is appropriated for the purposes of payments by the Commonwealth for, or in connection with, the discharge of any liabilities that become liabilities of the Commonwealth under this section.
The Minister may authorise payments by the Commonwealth to the successor body.
The Consolidated Revenue Fund is appropriated for payments under this section.
The limit on the appropriation is the sum of the following amounts:
the amount of any money that becomes an asset of the Commonwealth under section 15;
the proceeds of sale of any other asset that becomes an asset of the Commonwealth under section 15;
interest, dividends or other amounts derived from money covered by paragraph (a) or (b) or from assets that become assets of the Commonwealth under section 15;
reduced by the sum of payments referred to in subsection 45(1).
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