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Primary Industries Legislation Amendment Act (No. 2) 1991

No. 125 of 1991

An Act to amend legislation relating to primary industries

[Assented to 27 August 1991]

The Parliament of Australia enacts:

PART 1—PRELIMINARY

Short title

1. This Act may be cited as the Primary Industries Legislation Amendment Act (No. 2) 1991.

Commencement

2.(1) Subject to subsection (2), this Act commences on the day on which it receives the Royal Assent.

(2) Section 6 is taken to have commenced immediately after the commencement of the Australian Wool Corporation Act 1991.

PART 2—AMENDMENT OF THE AUSTRALIAN HORTICULTURAL CORPORATION AMENDMENT ACT 1991

Principal Act

3.     In this Part, "Principal Act" means the Australian Horticultural Corporation Amendment Act 19911.

4.     After section 25 of the Principal Act the following section is inserted:

Certain amounts payable to the Board

"25A.(1) The Board is to be paid amounts equal to amounts payable under the Dried Fruits Export Charges Act 1924 and received by the Commonwealth on or after the commencing day.

"(2) The Board is to be paid interest on each amount paid to it under subsection (1), being interest calculated:

   (a)     at the rate determined by the Minister; and

     (b)    in respect of the period starting on the day determined by the Minister and ending on the day on which that amount is so paid to the Board.

"(3) The amounts payable to the Board under subsections (1) and (2) are to be paid out of the Consolidated Revenue Fund, which is appropriated accordingly.

  "(4) A determination under subsection (2):

   (a)     must be in writing; and

     (b)     is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901".

PART 3—AMENDMENTS OF THE AUSTRALIAN WOOL CORPORATION ACT 1991

Principal Act

5. In this Part, "Principal Act" means the Australian Wool Corporation Act 19912.

Minister to be notified of motions

6. Section 48 of the Principal Act is amended by omitting "Primary Industries (Industry Councils) Act 1991" and substituting "Australian Wool Industry Council Act 1991".

7. After section 98 of the Principal Act the following sections are inserted:

Payment to Corporation—where wool tax imposed before 1 July 1991 is received on or after that day

  "98A.(1) Where:

     (a)     tax or additional tax imposed, at any time before 1 July 1991, by a Wool Tax Act on particular shorn wool is received by the Commonwealth on or after that day; and

     (b)     if the repealed Act were still in force at the time when the tax or additional tax is received, amounts would be payable to the Corporation (within the meaning of that Act) under section 47 of that Act;

there is payable to the Corporation an amount equal to the sum of: