PRIMARY INDUSTRIES LEGISLATION AMENDMENT ACT 1991 No. 39, 1991
PRIMARY INDUSTRIES LEGISLATION AMENDMENT ACT 1991 No. 39, 1991 - LONG TITLE
An Act to amend legislation relating to primary industries, and for related purposes PRIMARY INDUSTRIES LEGISLATION AMENDMENT ACT 1991 No. 39, 1991 - SECT 1 Short title
(Assented to 27 March 1991) 1. This Act may be cited as the Primary Industries Legislation Amendment Act 1991. (Minister's second reading speech made in- House of Representatives on 20 February 1991 Senate on 12 March 1991) PRIMARY INDUSTRIES LEGISLATION AMENDMENT ACT 1991 No. 39, 1991 - SECT 2 Commencement
2. (1) Subject to this section, this Act commences on the day on which it receives the Royal Assent. (2) Subsection 3 (1), section 4 and Part 1 of the Schedule commence on 1 July 1991. PRIMARY INDUSTRIES LEGISLATION AMENDMENT ACT 1991 No. 39, 1991 - SECT 3 Amendments of Acts
3. (1) The Acts specified in Part 1 of the Schedule are amended as set out in that Part. (2) The Acts specified in Part 2 of the Schedule are amended as set out in that Part. PRIMARY INDUSTRIES LEGISLATION AMENDMENT ACT 1991 No. 39, 1991 - SECT 4 Meat Research Corporation
4. The Meat Research Corporation is, for all purposes, a continuation, under that name, of the body known as the Australian Meat and Live-stock Research and Development Corporation mentioned in the Australian Meat and Live-stock Research and Development Corporation Act 1985 before the commencement of this section. PRIMARY INDUSTRIES LEGISLATION AMENDMENT ACT 1991 No. 39, 1991 - SECT 5 Australian Dairy Industry Council Inc. etc.
5. (1) The Australian Dairy Industry Council Inc. is, for all purposes, a continuation, under that name, of the body known as the Australian Dairy Industry Conference Inc. mentioned in the Dairy Produce Act 1986 before the commencement of this section. (2) The executive of the Australian Dairy Industry Council Inc. is, for all purposes, a continuation, under that designation, of the executive council of the Australian Dairy Industry Conference Inc. mentioned in the Dairy Produce Act 1986 before the commencement of this section. (3) If, at the time this section commences, the body known as the Australian Dairy Industry Conference Inc. has not changed its name to the Australian Dairy Industry Council Inc. under the Associations Incorporation Act 1981 of the State of Victoria, a reference in the Dairy Produce Act 1986 to the Council is taken to be a reference to the Australian Dairy Industry Conference Inc. until it so changes its name. PRIMARY INDUSTRIES LEGISLATION AMENDMENT ACT 1991 No. 39, 1991 - SCHEDULE
SCHEDULE Section 3 AMENDMENTS OF ACTS PART 1 Australian Meat and Live-stock Corporation Act 1977 Subsection 5 (1) (definition of "Research and Development Corporation"): Omit the definition. Subsection 30J (7A): Omit "Australian Meat and Live-stock Research and Development Corporation Act 1985" (wherever occurring), substitute "Meat Research Corporation Act 1985". Subsection 30L (2): Omit "Research and Development Corporation", substitute "Meat Research Corporation". Section 30LA: (a) Omit "Research and Development Corporation" (wherever occurring), substitute "Meat Research Corporation"; (b) Omit "Australian Meat and Live-stock Research and Development Corporation Act 1985", substitute "Meat Research Corporation Act 1985". Section 37A: Omit "Research and Development Corporation" (wherever occurring), substitute "Meat Research Corporation". Australian Meat and Live-stock Industry Policy Council Act 1984 Paragraph 9 (1) (h): Omit "Australian Meat and Live-stock Research and Development Corporation", substitute "Meat Research Corporation". Australian Meat and Live-stock Industry Selection Committee Act 1984 Subsection 3 (1) (definition of "Research and Development Corporation"): Omit the definition. Subsection 3 (2): Omit the subsection. Paragraph 5 (ba): (a) Omit "Research and Development Corporation", substitute "Meat Research Corporation";
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(b) Omit "Australian Meat and Live-stock Research and Development Corporation Act 1985", substitute "Meat Research Corporation Act 1985". Paragraph 5 (bb): (a) Omit "Research and Development Corporation", substitute "Meat Research Corporation"; (b) Omit "Australian Meat and Live-stock Research and Development Corporation Act 1985", substitute "Meat Research Corporation Act 1985". Subsection 10B (1): Omit "Research and Development Corporation", substitute "Meat Research Corporation". Subsection 10B (2): Omit "Research and Development Corporation" (wherever occurring), substitute "Meat Research Corporation". Subsection 10B (3): (a) Omit "Research and Development Corporation", substitute "Meat Research Corporation"; (b) Omit "Australian Meat and Live-stock Research and Development Corporation Act 1985", substitute "Meat Research Corporation Act 1985". Subsection 10B (4): Omit "Research and Development Corporation" (wherever occurring), substitute "Meat Research Corporation". Subsection 10C (1): Omit "Research and Development Corporation", substitute "Meat Research Corporation". Subsection 10C (3): Omit "Research and Development Corporation" (first occurring), substitute "Meat Research Corporation". Paragraph 10C (3) (b): (a) Omit "Research and Development Corporation" (wherever occurring), substitute "Meat Research Corporation"; (b) Omit "Australian Meat and Live-stock Research and Development Corporation Act 1985", substitute "Meat Research Corporation Act 1985". Subsection 22A (1): (a) Omit "Research and Development Corporation", substitute "Meat Research Corporation"; (b) Omit "Australian Meat and Live-stock Research and Development Corporation Act 1985", substitute "Meat Research Corporation Act 1985". Australian Meat and Live-stock Research and Development Corporation Act 1985 Long title: Omit "an Australian Meat and Live-stock Research and Development Corporation", substitute "a Meat Research Corporation". Section 1: Omit "Australian Meat and Live-stock Research and Development Corporation", substitute "Meat Research Corporation". Subsection 3 (1) (definition of "Corporation"): Omit "Australian Meat and Live-stock Research and Development Corporation", substitute "Meat Research Corporation". Section 4: Omit "Australian Meat and Live-stock Research and Development Corporation", substitute "Meat Research Corporation". Paragraph 42 (1) (c): After "sub-section (2)" insert "and section 42A". After section 42: Insert: Commonwealth's matching payments not to exceed certain proportion of production "42A. (1) The sum of the amounts that, during a particular financial year, are paid to the Corporation under paragraph 42 (1) (c), in respect of amounts spent by the Corporation under section 44 for meat and live-stock research and development activities, is not to exceed an amount equal to 0.5% of the amount that the Minister determines to be the gross value of production of the industry for that financial year. "(2) The regulations may provide for the manner in which the Minister is to determine the amount of the gross value of production of the industry for a financial year.". After paragraph 44 (ba): Insert: "(bb) for the purpose of funding meat and live-stock research and development activities included in the meat and live-stock research and development activities specified in an annual operational plan prepared by the Corporation and in force when payments by the Corporation are made;". Subsections 47 (1) and (2): Omit "Research and Development Corporation" (wherever occurring), substitute "Meat Research Corporation". Subsection 47 (4): Omit the subsection.
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Beef Production Levy Act 1990 Section 4 (definition of "Research and Development Corporation"): Omit the definition.Paragraph 6 (1) (b): Omit "Research and Development Corporation", substitute "Meat Research Corporation". Subsections 8 (3) and (6): Omit "Research and Development Corporation", substitute "Meat Research Corporation". Paragraph 8 (6) (a): Omit "Australian Meat and Live-stock Research and Development Corporation Act 1985", substitute "Meat Research Corporation Act 1985". Subsection 8 (7): Omit "Research and Development Corporation", substitute "Meat Research Corporation". Cattle and Beef Levy Collection Act 1990 Subsection 3 (1) (definition of "associated distribution Act"): Omit the definition, substitute: " `associated distribution Act' means the Australian Meat and Live-stock Corporation Act 1977, the Live-stock Slaughter Levy Collection Act 1964 or the Meat Research Corporation Act 1985;". Subsection 11 (2): Omit "Research and Development Corporation", substitute "Meat Research Corporation". Cattle Export Charge Act 1990 Section 4 (definition of "Research and Development Corporation"): Omit the definition. Paragraph 6 (1) (b): Omit "Research and Development Corporation", substitute "Meat Research Corporation". Subsections 8 (3) and (6): Omit "Research and Development Corporation", substitute "Meat Research Corporation". Paragraph 8 (6) (a): Omit "Australian Meat and Live-stock Research and Development Corporation Act 1985", substitute "Meat Research Corporation Act 1985". Subsection 8 (7): Omit "Research and Development Corporation", substitute "Meat Research Corporation". Cattle Transaction Levy Act 1990 Subsection 4 (1) (definition of "Research and Development Corporation"): Omit the definition. Paragraphs 6 (1) (b) and (2) (b): Omit "Research and Development Corporation", substitute "Meat Research Corporation". Subsections 8 (3) and (6): Omit "Research and Development Corporation", substitute "Meat Research Corporation". Paragraph 8 (6) (a): Omit "Australian Meat and Live-stock Research and Development Corporation Act 1985", substitute "Meat Research Corporation Act 1985". Subsection 8 (7): Omit "Research and Development Corporation", substitute "Meat Research Corporation". Dairy Produce Act 1986 Subsection 3 (1): Insert: " `equal employment opportunity program', in relation to the Corporation, means a program of the Corporation that is designed to ensure: (a) that appropriate action is taken to eliminate any discrimination by the Corporation against women and persons in designated groups in relation to employment matters; and (b) that appropriate measures are taken to promote equal opportunity for women and persons in designated groups in relation to employment matters; being a program that includes provision for assessment action, consultation action, employee information action, and policy action, in relation to the program;". After subsection 3 (1): Insert: "(1A) For the purposes only of sections 50A and 50B and the definition of `equal employment opportunity program' in subsection (1), the following expressions have the meanings set out in the Schedule: (a) assessment action; (b) consultation action; (c) designated group; (d) discrimination; (e) employee;
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(f) employee information action; (g) employment matters; (h) policy action; (i) woman. "(1B) Without affecting the meaning of subsection (1A), the definition of `employee' set out in the Schedule does not have effect for the purpose of any provision of this Act other than subsection (1A) and sections 50A and 50B.". Paragraph 17 (1) (f): Omit "and". Subsection 17 (1): Add at the end: "; and (h) setting out the equal employment opportunity program developed under section 50A.". Section 23: Add at the end: "(2) An annual operational plan is to propose action to implement the equal employment opportunity program developed under section 50A.". After section 50: Insert: Equal employment opportunity "50A. (1) The Corporation must develop and implement an equal employment opportunity program for the Corporation. "(2) The Corporation must take whatever action is necessary to give effect to the program. "(3) Any person who exercises powers in matters relating to employment matters in the Corporation must have regard to the program in exercising those powers. Merit principle to apply "50B. Nothing in this Act requires anyone to do anything incompatible with the principle that employment matters should be dealt with on the basis of merit.". Paragraph 123 (3) (a): Add at the end "and". Subsection 123 (3): Add at the end: "; and (d) a summary of the action taken by the Corporation to develop and implement its equal employment opportunity program.". After section 126: Add: "SCHEDULE Subsection 3 (1A) "DEFINITIONS RELATED TO SECTIONS 50A AND 50B "1. For the purposes of the definition of `equal employment opportunity program' and the definitions of expressions used in that definition: `assessment action', in relation to the equal employment opportunity program of the Corporation, means action by the Corporation to do all of the following things: (a) to collect and record statistics and related information concerning employment by the Corporation, including the number and types of jobs undertaken by, or job classifications of: (i) employees of either sex; and (ii) persons in designated groups; (b) to monitor and evaluate the implementation of the program; (c) to assess: (i) the achievement of the objectives of the program; and (ii) the effectiveness of the program by comparing statistics and information referred to in paragraph (a) with the indicators set under the policy action of the program; `consultation action', in relation to the equal employment opportunity program of the Corporation, means action by the Corporation to: (a) consult with its employees, particularly employees who are women or in designated groups; and (b) consult with each trade union having members affected by the program; in relation to the development and implementation of the program; `designated group' has the same meaning as in the Public Service Act 1922; `discrimination' means: (a) discrimination that is unlawful under the Racial Discrimination Act 1975 or the Sex Discrimination Act 1984; or (b) discrimination by which a person with a physical or