{"id":"C2004A01117","name":"Dairy Industry Service Reform Act 2003","slug":"dairy-industry-service-reform-act-2003","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"32 of 2003","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":24986,"registerId":"commonwealth-C2004A01117-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title [see Note 1]","content":"#### 1 Short title \\[see Note 1\\]\n\n This Act may be cited as the Dairy Industry Service Reform Act 2003.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement [see Note 1]","content":"#### 2 Commencement \\[see Note 1\\]\n\n (1) 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.\n\n```html\n

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
(s 2(1), Gazette 2003, S228)

\n```\n\n> Note: 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.\n\n (2) 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.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Schedule(s)","content":"#### 3 Schedule(s)\n\n Each Act, and each set of regulations, that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its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.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Crown to be bound","content":"#### 4 Crown to be bound\n\n This Act binds the Crown in all its capacities.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"External Territories","content":"#### 5 External Territories\n\n This Act extends to all the external Territories.","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Extraterritorial operation","content":"#### 6 Extraterritorial operation\n\n This Act applies both within and outside Australia.","sortOrder":6},{"sectionNumber":"Part 2","sectionType":"part","heading":"Provision of levy information to the Australian Dairy Corporation","content":"## Part 2—Provision of levy information to the Australian Dairy Corporation","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Provision of levy information to the Australian Dairy Corporation","content":"#### 7 Provision of levy information to the Australian Dairy Corporation\n\n Provision of information\n (1) 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.\n (2) A first purchaser must comply with a notice under subsection (1).\n Use or disclosure of information\n (3) The Australian Dairy Corporation may use or disclose information about producers provided to it under this section for any of the following purposes:\n (a) to inform the producers about the amendments to be made by this Act;\n (b) to make the producers aware of their eligibility to become a member of Dairy Australia Limited;\n (c) to invite the producers to make applications to the Corporation to become such a member;\n (d) to develop a list of those producers eligible to become such a member.\n Definitions\n (4) In this section:\n\n> ABN has the meaning given by section 41 of the A New Tax System (Australian Business Number) Act 1999.\n\n> first purchaser has the same meaning as in the Primary Industries Levies and Charges Collection Act 1991.\n\n> producer has the same meaning as in the Primary Industries Levies and Charges Collection Act 1991.\n\n> relevant dairy produce has the same meaning as in the Primary Industries (Excise) Levies Act 1999.","sortOrder":8},{"sectionNumber":"Part 3","sectionType":"part","heading":"Privatisation of dairy corporations","content":"An Act relating to the dairy industry, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title \\[see Note 1\\]\n\n This Act may be cited as the Dairy Industry Service Reform Act 2003.\n\n#### 2 Commencement \\[see Note 1\\]\n\n (1) 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.\n\n```html\n

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
(s 2(1), Gazette 2003, S228)

\n```\n\n> Note: 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.\n\n (2) 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.\n\n#### 3 Schedule(s)\n\n 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.\n\n#### 4 Crown to be bound\n\n This Act binds the Crown in all its capacities.\n\n#### 5 External Territories\n\n This Act extends to all the external Territories.\n\n#### 6 Extraterritorial operation\n\n This Act applies both within and outside Australia.\n\n \n\n## Part 2—Provision of levy information to the Australian Dairy Corporation\n\n#### 7 Provision of levy information to the Australian Dairy Corporation\n\n Provision of information\n (1) 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.\n (2) A first purchaser must comply with a notice under subsection (1).\n Use or disclosure of information\n (3) The Australian Dairy Corporation may use or disclose information about producers provided to it under this section for any of the following purposes:\n (a) to inform the producers about the amendments to be made by this Act;\n (b) to make the producers aware of their eligibility to become a member of Dairy Australia Limited;\n (c) to invite the producers to make applications to the Corporation to become such a member;\n (d) to develop a list of those producers eligible to become such a member.\n Definitions\n (4) In this section:\n\n> ABN has the meaning given by section 41 of the A New Tax System (Australian Business Number) Act 1999.\n\n> first purchaser has the same meaning as in the Primary Industries Levies and Charges Collection Act 1991.\n\n> producer has the same meaning as in the Primary Industries Levies and Charges Collection Act 1991.\n\n> relevant dairy produce has the same meaning as in the Primary Industries (Excise) Levies Act 1999.\n\n \n\n## Part 3—Privatisation of dairy corporations\n\n### Division 1—Definitions\n\n#### 8 Definitions\n\n In this Part, unless the contrary intention appears:\n\n> ADC means the Australian Dairy Corporation as in existence before the conversion time.\n\n> ASIC means the Australian Securities and Investments Commission.\n\n> asset means:\n\n (a) any legal or equitable estate or interest in real or personal property, whether actual, contingent or prospective; and\n (b) any right, power, privilege or immunity, whether actual, contingent or prospective.\n\n> combined service period, in relation to a transferring employee, means the total of:\n\n (a) 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\n (b) the period during which the employee continues to be an employee of Dairy Australia Limited.\n\n> commencing time means the beginning of the day on which this Act receives the Royal Assent.\n\n> conversion time means the time when Schedule 1 commences.\n\n> Dairy Australia Limited means ADC, after it is registered under the Corporations Act 2001 as mentioned in section 11 of this Act.\n\n> DRDC means the Dairy Research and Development Corporation as in existence before the conversion time.\n\n> employee, in relation to DRDC, means a person who is an officer or employee of DRDC immediately before the conversion time.\n\n> liability means any liability, duty or obligation, whether actual, contingent or prospective.\n\n> Long Service Leave Act means the Long Service Leave (Commonwealth Employees) Act 1976, as in force immediately before the conversion time.\n\n> Maternity Leave Act means the Maternity Leave (Commonwealth Employees) Act 1973, as in force immediately before the conversion time.\n\n> 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.\n\n> SRC Act means the Safety, Rehabilitation and Compensation Act 1988, as in force immediately before the conversion time.\n\n> transferring ADC employee means a person who is an officer or employee of ADC immediately before the conversion time.\n\n> transferring DRDC employee means a person who is taken to have been engaged as an employee of Dairy Australia Limited under section 20.\n\n> transferring employee means a transferring ADC employee or a transferring DRDC employee.\n\n \n\n### Division 2—Registration of the Australian Dairy Corporation as a Corporations Act company\n\n#### 9 Application for registration\n\n Application\n (1) 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.\n (2) ADC is hereby authorised to make the application.\n Directors\n (3) 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.\n Constitution\n (4) 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.\n\n#### 10 Funding contract before registration\n\n (1) During the period beginning at the commencing time and ending immediately before the conversion time:\n (a) the Minister, on behalf of the Commonwealth; and\n (b) at least 3 of the proposed directors, on behalf of Dairy Australia Limited;\n 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.\n (2) If such a contract is entered into, then, at the conversion time:\n (a) the Commonwealth and Dairy Australia Limited are taken to have entered into the contract under section 5 of the Dairy Produce Act 1986; and\n (b) Dairy Australia Limited becomes bound by the contract and entitled to its benefit.\n\n> Note: 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.\n\n#### 11 Registration as a company under the Corporations Act\n\n (1) At the conversion time, ASIC is taken to have registered ADC under section 601BD of the Corporations Act 2001:\n (a) as a company limited by guarantee; and\n (b) with the name “Dairy Australia Limited”.\n\n> Note: 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.\n\n (2) 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.\n\n#### 12 Operation of the Corporations Act after conversion time\n\n Nothing in this Part prevents, after the conversion time:\n (a) a change in the name of Dairy Australia Limited; or\n (b) a change in the structure, constitution or membership of Dairy Australia Limited.\n\n#### 13 Accounting records\n\n For the purposes of the Corporations Act 2001:\n (a) the accounting records kept by ADC before the conversion time under section 20 of the Commonwealth Authorities and Companies Act 1997 are to be treated as financial records of Dairy Australia Limited; and\n (b) an annual report and financial statements prepared in relation to a financial year by ADC under section 9 of the Commonwealth Authorities and Companies Act 1997 are to be treated as a financial report of Dairy Australia Limited for that financial year.\n\n#### 14 Dairy Australia Limited not to be a Commonwealth authority etc.\n\n (1) After the conversion time, Dairy Australia Limited is not taken, for the purposes of a law, to be:\n (a) a Commonwealth authority; or\n (b) established for a public purpose or for a purpose of the Commonwealth; or\n (c) a public authority or an agency or instrumentality of the Crown;\n (within the ordinary meaning of the expression concerned) unless a law expressly provides otherwise.\n (2) In this section:\n\n> law means:\n\n (a) an Act of the Commonwealth or of a State or Territory; or\n (b) regulations or any other instrument made under such an Act.\n\n \n\n### Division 3—Transfer of assets and liabilities of the Dairy Research and Development Corporation\n\n#### 15 Transfer of assets and liabilities\n\n (1) This section applies to:\n (a) the assets of DRDC; and\n (b) the liabilities of DRDC.\n (2) At the conversion time, the assets and liabilities cease to be assets and liabilities of DRDC and become assets and liabilities of Dairy Australia Limited without any conveyance, transfer or assignment.\n (3) Immediately after the conversion time, Dairy Australia Limited becomes DRDC’s successor in law in relation to the assets and liabilities.\n\n> Note: The effect of converting ADC into a Corporations Act company is not to create a new legal entity. The assets and liabilities of ADC immediately before the conversion time will remain assets and liabilities of Dairy Australia Limited immediately after that time.\n\n#### 16 Transfer of pending proceedings\n\n If any proceedings to which DRDC was a party:\n (a) were pending in any court or tribunal immediately before the conversion time; and\n (b) related, in whole or in part, to an asset or liability of DRDC;\n Dairy Australia Limited is, by force of this section, substituted for DRDC as a party to the proceedings to the extent to which the proceedings relate to the asset or liability.\n\n#### 17 Exemption from stamp duty etc.\n\n (1) No stamp duty or other tax is payable under a law of a State or Territory in respect of an exempt matter, or anything connected with an exempt matter.\n (2) The Minister may certify in writing:\n (a) that a specified matter is an exempt matter; or\n (b) that a specified thing was done in connection with a specified exempt matter.\n (3) In all courts, and for all purposes, a certificate under subsection (2) is evidence of the matter stated in the certificate.\n (4) In this section:\n\n> exempt matter means:\n\n (a) the transfer of an asset or a liability under section 15; or\n (b) the operation of this Division in any other respect.\n\n#### 18 References in certain instruments\n\n (1) This section applies to an instrument if:\n (a) it is in operation immediately before the conversion time; and\n (b) it is an instrument:\n (i) to which DRDC is a party; or\n (ii) which was given to, or in favour of, DRDC; or\n (iii) in which a reference is made to DRDC; or\n (iv) under which any right or liability accrues or may accrue to DRDC.\n (2) The instrument continues to have effect after the conversion time as if a reference in the instrument to DRDC were a reference to Dairy Australia Limited.\n (3) In this section:\n\n> instrument does not include regulations or any other instrument made under the Superannuation Act 1976 or the Superannuation Act 1990.\n\n#### 19 Certificates in relation to assets\n\n (1) This section applies if:\n (a) an asset vests in Dairy Australia Limited under this Division; and\n (b) there is lodged with an assets official a certificate that:\n (i) is signed by the Minister; and\n (ii) identifies the asset; and\n (iii) states that the asset has become vested in Dairy Australia Limited under this Division.\n (2) The assets official may:\n (a) deal with, and give effect to, the certificate as if it were a proper and appropriate instrument for transactions in relation to assets of that kind; and\n (b) make such entries in the register as are necessary having regard to the effect of this Division.\n (3) In this section:\n\n> assets official means the person or authority who, under a law of the Commonwealth, a State or a Territory, under a trust instrument or otherwise, has responsibility for keeping a register in relation to assets of the kind concerned.\n\n \n\n### Division 4—Transferring employees of dairy corporations\n\n#### Subdivision A—Preliminary\n\n#### 20 Transfer of staff\n\n At the conversion time, each employee of DRDC ceases to be employed by DRDC and is taken to have been engaged as an employee of Dairy Australia Limited.\n\n> Note: The effect of converting ADC into a Corporations Act company is not to create a new legal entity. The employees of ADC immediately before the conversion time will remain employees of Dairy Australia Limited immediately after that time.\n\n#### 21 Terms and conditions of transferring employees\n\n DRDC employees\n (1) A transferring DRDC employee is taken:\n (a) to have been engaged by Dairy Australia Limited on the same terms and conditions as those that applied to the person, immediately before the conversion time, as an employee of DRDC; and\n (b) to have accrued an entitlement to benefits, in connection with that engagement by Dairy Australia Limited, that is equivalent to the entitlement that the person had accrued, as an employee of DRDC, immediately before the conversion time.\n (2) The service of a transferring DRDC employee as an employee of Dairy Australia Limited is taken, for all purposes, to be continuous with his or her service as an employee of DRDC.\n (3) Except as provided by this Division, a transferring DRDC employee is not entitled to receive any payment or other benefit merely because of the operation of this Division.\n ADC employees\n (4) Except as provided by this Division, a transferring ADC employee is not entitled to receive any payment or other benefit merely because of the operation of this Part.\n Other\n (5) This section:\n (a) has effect subject to this Division; and\n (b) is not to be taken to be a law of the Commonwealth for the purposes of paragraph 170XA(2)(b) of the Workplace Relations Act 1996, as in force immediately before the reform commencement within the meaning given by that Act.\n\n#### 22 Variation of terms and conditions of employment\n\n (1) This Part does not prevent the terms and conditions of a transferring ADC employee’s employment, or a transferring DRDC employee’s employment, after the conversion time from being varied:\n (a) in accordance with those terms and conditions; or\n (b) by or under a law, award, determination or agreement.\n (2) In this section:\n\n> law means:\n\n (a) a law of the Commonwealth or of a State or Territory; or\n (b) regulations or any other instrument (other than an award, determination or industrial agreement) made under such a law.\n\n> vary, in relation to terms and conditions, includes:\n\n (a) omitting any of those terms and conditions; or\n (b) adding to those terms and conditions; or\n (c) substituting new terms or conditions for any of those terms and conditions.\n\n#### Subdivision B—Application of the Safety, Rehabilitation and Compensation Act\n\n#### 23 Expressions defined in SRC Act\n\n Expressions that are defined in the SRC Act and used in this Subdivision have the same meanings as in that Act.\n\n#### 24 Continued application of SRC Act\n\n The SRC Act continues to apply after the conversion time in relation to:\n (a) injuries suffered before that time by a transferring employee; and\n (b) loss of, or damage to, property incurred before that time by a transferring employee.\n\n#### 25 Commonwealth liability to meet certain SRC Act liabilities\n\n After the conversion time, the Commonwealth:\n (a) is liable to pay the liabilities of ADC under section 128A of the SRC Act; and\n (b) subject to section 26 of this Act, is taken to have been the employer of the transferring ADC employees before the conversion time for the purposes of the application of the SRC Act in relation to those liabilities.\n\n#### 26 SRC Act: rehabilitation provisions\n\n (1) If a transferring employee had, before the conversion time, suffered an injury resulting in an incapacity for work or an impairment, Dairy Australia Limited must, after that time, provide such reasonable co‑operation and assistance as the Commonwealth requires to enable the Commonwealth to fulfil its obligations under sections 36, 37, 38, 39, 41 and 41A of the SRC Act in relation to the transferring employee.\n (2) After the conversion time, Dairy Australia Limited is, for the purposes of section 40 of the SRC Act, taken to be the relevant employer of each transferring employee.\n (3) After the conversion time, Dairy Australia Limited is, for the purposes of applying section 71 of the SRC Act in relation to each transferring employee, taken to be a Commonwealth authority.\n\n#### 27 Premiums under the SRC Act\n\n (1) Comcare must, as soon as practicable after the conversion time, determine the amount (if any) by which the premium for ADC and DRDC for the transitional financial year should be reduced.\n (2) If:\n (a) an amount equal to the premium for ADC or DRDC for the transitional financial year has been paid under Division 4A of Part VII of the SRC Act; and\n (b) the amount of the premium is reduced as a result of a determination under subsection (1);\n the Secretary of the Department may, in writing, direct that an amount equal to the refund amount, or amounts that together add up to the refund amount, be paid to Dairy Australia Limited in accordance with the direction.\n (3) A direction by the Secretary of the Department may be given subject to such conditions (if any) about the use or expenditure of the amount or amounts to which it relates as are set out in the direction.\n (4) If the Secretary of the Department gives a direction, the amount or amounts to which it relates are payable to Dairy Australia Limited out of the Consolidated Revenue Fund, which is appropriated accordingly.\n (5) The payment of an amount under subsection (4) must be made in accordance with the direction, and is subject to the conditions (if any) set out in the direction.\n (6) A copy of each direction must be published in the Gazette within 14 days after the direction is given.\n (7) The direction is not invalid merely because it has not been published as required under subsection (6).\n (8) In this section:\n\n> refund amount means the amount equal to the difference between the amount of premium for ADC or DRDC for the transitional financial year and the amount of that premium as reduced because of a determination under subsection (1).\n\n> transitional financial year means the financial year in which the conversion time occurs.\n\n#### Subdivision C—Maternity leave provisions\n\n#### 28 Maternity leave starting before conversion time\n\n (1) This section applies in relation to a transferring employee if:\n (a) immediately before the conversion time, the employee was a female employee of ADC or DRDC who was on leave granted under the Maternity Leave Act; and\n (b) the employee would have been entitled to have remained on that leave after the conversion time if the employee had continued to be an employee of ADC or DRDC.\n (2) After the conversion time, the Maternity Leave Act continues to apply to the employee in relation to the confinement in respect of which the leave was granted as if Dairy Australia Limited were a prescribed authority for the purposes of that Act.\n\n#### 29 Maternity leave starting after conversion time\n\n (1) This section applies in relation to a transferring employee if:\n (a) immediately before the conversion time, the person was a female employee of ADC or DRDC; and\n (b) within 9 months after the conversion time, the employee would have been entitled to start leave granted under the Maternity Leave Act if the employee had continued to be an employee of ADC or DRDC.\n (2) After the conversion time, the Maternity Leave Act continues to apply to the employee in relation to the confinement in respect of which she would have been entitled to leave as if Dairy Australia Limited were a prescribed authority for the purposes of that Act.\n\n#### Subdivision D—Provisions relating to superannuation\n\n#### 30 Application of Superannuation Acts\n\n Dairy Australia Limited is not an approved authority for the purposes of the Superannuation Act 1976 or the Superannuation Act 1990.\n\n#### 31 Application of the Superannuation Benefits (Supervisory Mechanisms) Act 1990\n\n (1) The Minister must not declare Dairy Australia Limited to be a relevant body for the purposes of the Superannuation Benefits (Supervisory Mechanisms) Act 1990.\n (2) In this section:\n\n> Minister has the same meaning as in the Superannuation Benefits (Supervisory Mechanisms) Act 1990.\n\n#### Subdivision E—Provisions relating to long service leave\n\n#### 32 Expressions defined in Long Service Leave Act\n\n Expressions that are defined in the Long Service Leave Act and used in this Subdivision have the same meanings as in that Act.\n\n#### 33 Long service leave for employees with less than 10 years service\n\n (1) This section applies in relation to a transferring employee whose period of service for the purposes of the Long Service Leave Act immediately before the conversion time was less than 10 years.\n (2) This section does not apply in relation to an employee who dies.\n (3) If the employee continues to be employed by Dairy Australia Limited until his or her combined service period is at least 10 years, Dairy Australia Limited may grant the employee long service leave on full salary for a period up to the employee’s long service leave credit under subsection 36(1).\n (4) If:\n (a) the employee stops being an employee of Dairy Australia Limited on or after reaching the minimum retiring age, or because of retrenchment; and\n (b) the employee’s combined service period at the time when he or she stops being an employee of Dairy Australia Limited is at least one year;\n Dairy Australia Limited may grant the employee long service leave on full salary for a period up to the employee’s long service leave credit under subsection 36(1).\n (5) If a period of long service leave may be granted to an employee under subsection (3) or (4), Dairy Australia Limited may, if the employee asks in writing, grant the employee long service leave on half salary for a period not longer than twice the first‑mentioned period.\n (6) Long service leave granted in the circumstances set out in subsection (4) must be taken so as to end immediately before the employee stops being an employee.\n (7) For the purposes of this section, the rate of salary to be used in working out the full salary of an employee is the rate that would apply to the employee under section 20 of the Long Service Leave Act if:\n (a) that section applied to the employee; and\n (b) for the expression “section 16 or 17” in that section there were substituted the expression “section 33 of the Dairy Industry Service Reform Act 2003”.\n\n#### 34 Payments in lieu of long service leave for employees with less than 10 years service\n\n (1) This section applies to a transferring employee whose period of service for the purposes of the Long Service Leave Act immediately before the conversion time was less than 10 years.\n (2) This section does not apply in relation to an employee who dies.\n (3) If the employee stops being an employee of Dairy Australia Limited on or after the day on which his or her combined service period reaches 10 years, Dairy Australia Limited must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 36(2).\n (4) If:\n (a) the employee stops being an employee of Dairy Australia Limited, on or after reaching the minimum retiring age, or because of retrenchment; and\n (b) at that time the employee’s combined service period is at least one year;\n Dairy Australia Limited must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 36(2).\n (5) If:\n (a) the employee stops being an employee of Dairy Australia Limited; and\n (b) Dairy Australia Limited is satisfied that the employee left Dairy Australia Limited’s employment because of ill‑health that justified his or her so leaving; and\n (c) when the employee left, his or her combined service period was at least one year;\n Dairy Australia Limited must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 36(2).\n (6) For the purposes of this section, the rate of salary to be used in working out the full salary of an employee is the rate that would apply to the employee under section 21 of the Long Service Leave Act if:\n (a) that section applied to the employee; and\n (b) for the expression “sections 16 and 17” in that section there were substituted the expression “section 34 of the Dairy Industry Service Reform Act 2003”.\n\n#### 35 Payments on the death of an employee\n\n (1) This section applies to a transferring employee whose period of service for the purposes of the Long Service Leave Act immediately before the conversion time was less than 10 years.\n (2) If the employee dies after the conversion time and immediately before his or her death:\n (a) the employee was an employee of Dairy Australia Limited; and\n (b) the employee’s combined service period was at least one year; and\n (c) the employee had one or more dependants;\n Dairy Australia Limited must make a payment to the dependant or dependants.\n (3) The total amount of the payment or payments is the amount that would have been payable to the person under section 34 if, on the day of his or her death, the person had instead stopped being an employee of Dairy Australia Limited on or after reaching the minimum retiring age.\n (4) If subsection (2) applies, section 23 of the Long Service Leave Act has effect as if:\n (a) that section applied to an employee of Dairy Australia Limited; and\n (b) a reference in that section to the approving authority were a reference to Dairy Australia Limited; and\n (c) for the expression “this Act” in that section there were substituted the expression “section 35 of the Dairy Industry Service Reform Act 2003”; and\n (d) for the expression “subsection 16(7) or 17(5)” there were substituted the expression “section 35 of the Dairy Industry Service Reform Act 2003”.\n\n#### 36 Employee’s long service leave credit for the purposes of sections 33 and 34\n\n (1) For the purposes of section 33, an employee’s long service leave credit is equal to the long service leave credit that the employee would have under the Long Service Leave Act for the period:\n (a) beginning when the employee began his or her period of service; and\n (b) ending at the conversion time;\n if the employee had been retrenched at the conversion time.\n (2) For the purposes of section 34, an employee’s long service leave credit is the employee’s long service leave credit worked out under subsection (1) of this section reduced by any long service leave credit used under section 33.\n\n#### 37 Employees with at least 10 years service\n\n (1) This section applies to a transferring employee whose period of service for the purposes of the Long Service Leave Act immediately before the conversion time was at least 10 years.\n (2) Even though the employee ceases to be employed in Government Service for the purposes of the Long Service Leave Act, the employee’s accrued rights under that Act continue. However, the employee is not entitled to receive any payment because he or she ceases to be in Government Service.\n (3) The Long Service Leave Act has effect after the conversion time in relation to the employee’s rights under that Act that accrued before the conversion time, as if Dairy Australia Limited were an approving authority for the purposes of that Act.\n\n#### 38 Division not to affect post‑commencement long service leave rights\n\n (1) This Division does not affect an employee’s post‑commencement long service leave rights.\n (2) In this section:\n\n> law means:\n\n (a) a law of the Commonwealth or of a State or Territory; or\n (b) regulations or any other instrument (other than an award, determination or industrial agreement) made under such a law.\n\n> post‑commencement long service leave rights means any long service leave rights the employee acquires after the conversion time under an award, determination, industrial agreement or law (other than this Act).\n\n \n\n### Division 5—Other provisions\n\n#### 39 Operation of Archives Act\n\n (1) This Part does not authorise a Commonwealth record (within the meaning of the Archives Act 1983) to be transferred or otherwise dealt with except in accordance with the provisions of that Act.\n (2) A Commonwealth record (within the meaning of the Archives Act 1983) must not be transferred to a person under this Part unless the National Archives of Australia has given permission under paragraph 24(2)(b) of that Act.\n\n#### 40 Certificates etc. taken to be authentic etc.\n\n A document that appears to be a certificate or other document made or issued under this Part:\n (a) is taken to be such a certificate or other document; and\n (b) is taken to have been properly given;\n unless the contrary is established.\n\n \n\n## Part 4—Other provisions\n\n#### 41 Delegation\n\n (1) The Minister may, by writing, delegate all or any of his or her powers and functions under this Act to:\n (a) the Secretary of the Department; or\n (b) an SES employee, or acting SES employee, in the Department.\n (2) In exercising powers or functions under a delegation, the delegate must comply with any directions of the Minister.\n\n#### 42 Compensation for acquisition of property\n\n (1) If:\n (a) apart from this section, the operation of this Act would result in the acquisition of property from a person otherwise than on just terms; and\n (b) the acquisition would be invalid because of paragraph 51(xxxi) of the Constitution;\n the Commonwealth is liable to pay the person a reasonable amount of compensation in respect of the acquisition.\n (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n (3) In this section:\n\n> acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\n> just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\n#### 43 Regulations\n\n (1) The Governor‑General may make regulations prescribing matters:\n (a) required or permitted by this Act to be prescribed; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n (2) In particular, regulations may be made prescribing matters of a transitional nature (including prescribing any saving or application provisions) arising from:\n (a) the amendments or repeals made by this Act; and\n (b) the enactment of this Act.","sortOrder":9},{"sectionNumber":"Division 1","sectionType":"division","heading":"Definitions","content":"An Act relating to the dairy industry, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title \\[see Note 1\\]\n\n This Act may be cited as the Dairy Industry Service Reform Act 2003.\n\n#### 2 Commencement \\[see Note 1\\]\n\n (1) 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.\n\n```html\n

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
(s 2(1), Gazette 2003, S228)

\n```\n\n> Note: 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.\n\n (2) 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.\n\n#### 3 Schedule(s)\n\n 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.\n\n#### 4 Crown to be bound\n\n This Act binds the Crown in all its capacities.\n\n#### 5 External Territories\n\n This Act extends to all the external Territories.\n\n#### 6 Extraterritorial operation\n\n This Act applies both within and outside Australia.\n\n \n\n## Part 2—Provision of levy information to the Australian Dairy Corporation\n\n#### 7 Provision of levy information to the Australian Dairy Corporation\n\n Provision of information\n (1) 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.\n (2) A first purchaser must comply with a notice under subsection (1).\n Use or disclosure of information\n (3) The Australian Dairy Corporation may use or disclose information about producers provided to it under this section for any of the following purposes:\n (a) to inform the producers about the amendments to be made by this Act;\n (b) to make the producers aware of their eligibility to become a member of Dairy Australia Limited;\n (c) to invite the producers to make applications to the Corporation to become such a member;\n (d) to develop a list of those producers eligible to become such a member.\n Definitions\n (4) In this section:\n\n> ABN has the meaning given by section 41 of the A New Tax System (Australian Business Number) Act 1999.\n\n> first purchaser has the same meaning as in the Primary Industries Levies and Charges Collection Act 1991.\n\n> producer has the same meaning as in the Primary Industries Levies and Charges Collection Act 1991.\n\n> relevant dairy produce has the same meaning as in the Primary Industries (Excise) Levies Act 1999.\n\n \n\n## Part 3—Privatisation of dairy corporations\n\n### Division 1—Definitions\n\n#### 8 Definitions\n\n In this Part, unless the contrary intention appears:\n\n> ADC means the Australian Dairy Corporation as in existence before the conversion time.\n\n> ASIC means the Australian Securities and Investments Commission.\n\n> asset means:\n\n (a) any legal or equitable estate or interest in real or personal property, whether actual, contingent or prospective; and\n (b) any right, power, privilege or immunity, whether actual, contingent or prospective.\n\n> combined service period, in relation to a transferring employee, means the total of:\n\n (a) 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\n (b) the period during which the employee continues to be an employee of Dairy Australia Limited.\n\n> commencing time means the beginning of the day on which this Act receives the Royal Assent.\n\n> conversion time means the time when Schedule 1 commences.\n\n> Dairy Australia Limited means ADC, after it is registered under the Corporations Act 2001 as mentioned in section 11 of this Act.\n\n> DRDC means the Dairy Research and Development Corporation as in existence before the conversion time.\n\n> employee, in relation to DRDC, means a person who is an officer or employee of DRDC immediately before the conversion time.\n\n> liability means any liability, duty or obligation, whether actual, contingent or prospective.\n\n> Long Service Leave Act means the Long Service Leave (Commonwealth Employees) Act 1976, as in force immediately before the conversion time.\n\n> Maternity Leave Act means the Maternity Leave (Commonwealth Employees) Act 1973, as in force immediately before the conversion time.\n\n> 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.\n\n> SRC Act means the Safety, Rehabilitation and Compensation Act 1988, as in force immediately before the conversion time.\n\n> transferring ADC employee means a person who is an officer or employee of ADC immediately before the conversion time.\n\n> transferring DRDC employee means a person who is taken to have been engaged as an employee of Dairy Australia Limited under section 20.\n\n> transferring employee means a transferring ADC employee or a transferring DRDC employee.\n\n \n\n### Division 2—Registration of the Australian Dairy Corporation as a Corporations Act company\n\n#### 9 Application for registration\n\n Application\n (1) 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.\n (2) ADC is hereby authorised to make the application.\n Directors\n (3) 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.\n Constitution\n (4) 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.\n\n#### 10 Funding contract before registration\n\n (1) During the period beginning at the commencing time and ending immediately before the conversion time:\n (a) the Minister, on behalf of the Commonwealth; and\n (b) at least 3 of the proposed directors, on behalf of Dairy Australia Limited;\n 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.\n (2) If such a contract is entered into, then, at the conversion time:\n (a) the Commonwealth and Dairy Australia Limited are taken to have entered into the contract under section 5 of the Dairy Produce Act 1986; and\n (b) Dairy Australia Limited becomes bound by the contract and entitled to its benefit.\n\n> Note: 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.\n\n#### 11 Registration as a company under the Corporations Act\n\n (1) At the conversion time, ASIC is taken to have registered ADC under section 601BD of the Corporations Act 2001:\n (a) as a company limited by guarantee; and\n (b) with the name “Dairy Australia Limited”.\n\n> Note: 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.\n\n (2) 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.\n\n#### 12 Operation of the Corporations Act after conversion time\n\n Nothing in this Part prevents, after the conversion time:\n (a) a change in the name of Dairy Australia Limited; or\n (b) a change in the structure, constitution or membership of Dairy Australia Limited.\n\n#### 13 Accounting records\n\n For the purposes of the Corporations Act 2001:\n (a) the accounting records kept by ADC before the conversion time under section 20 of the Commonwealth Authorities and Companies Act 1997 are to be treated as financial records of Dairy Australia Limited; and\n (b) an annual report and financial statements prepared in relation to a financial year by ADC under section 9 of the Commonwealth Authorities and Companies Act 1997 are to be treated as a financial report of Dairy Australia Limited for that financial year.\n\n#### 14 Dairy Australia Limited not to be a Commonwealth authority etc.\n\n (1) After the conversion time, Dairy Australia Limited is not taken, for the purposes of a law, to be:\n (a) a Commonwealth authority; or\n (b) established for a public purpose or for a purpose of the Commonwealth; or\n (c) a public authority or an agency or instrumentality of the Crown;\n (within the ordinary meaning of the expression concerned) unless a law expressly provides otherwise.\n (2) In this section:\n\n> law means:\n\n (a) an Act of the Commonwealth or of a State or Territory; or\n (b) regulations or any other instrument made under such an Act.\n\n \n\n### Division 3—Transfer of assets and liabilities of the Dairy Research and Development Corporation\n\n#### 15 Transfer of assets and liabilities\n\n (1) This section applies to:\n (a) the assets of DRDC; and\n (b) the liabilities of DRDC.\n (2) At the conversion time, the assets and liabilities cease to be assets and liabilities of DRDC and become assets and liabilities of Dairy Australia Limited without any conveyance, transfer or assignment.\n (3) Immediately after the conversion time, Dairy Australia Limited becomes DRDC’s successor in law in relation to the assets and liabilities.\n\n> Note: The effect of converting ADC into a Corporations Act company is not to create a new legal entity. The assets and liabilities of ADC immediately before the conversion time will remain assets and liabilities of Dairy Australia Limited immediately after that time.\n\n#### 16 Transfer of pending proceedings\n\n If any proceedings to which DRDC was a party:\n (a) were pending in any court or tribunal immediately before the conversion time; and\n (b) related, in whole or in part, to an asset or liability of DRDC;\n Dairy Australia Limited is, by force of this section, substituted for DRDC as a party to the proceedings to the extent to which the proceedings relate to the asset or liability.\n\n#### 17 Exemption from stamp duty etc.\n\n (1) No stamp duty or other tax is payable under a law of a State or Territory in respect of an exempt matter, or anything connected with an exempt matter.\n (2) The Minister may certify in writing:\n (a) that a specified matter is an exempt matter; or\n (b) that a specified thing was done in connection with a specified exempt matter.\n (3) In all courts, and for all purposes, a certificate under subsection (2) is evidence of the matter stated in the certificate.\n (4) In this section:\n\n> exempt matter means:\n\n (a) the transfer of an asset or a liability under section 15; or\n (b) the operation of this Division in any other respect.\n\n#### 18 References in certain instruments\n\n (1) This section applies to an instrument if:\n (a) it is in operation immediately before the conversion time; and\n (b) it is an instrument:\n (i) to which DRDC is a party; or\n (ii) which was given to, or in favour of, DRDC; or\n (iii) in which a reference is made to DRDC; or\n (iv) under which any right or liability accrues or may accrue to DRDC.\n (2) The instrument continues to have effect after the conversion time as if a reference in the instrument to DRDC were a reference to Dairy Australia Limited.\n (3) In this section:\n\n> instrument does not include regulations or any other instrument made under the Superannuation Act 1976 or the Superannuation Act 1990.\n\n#### 19 Certificates in relation to assets\n\n (1) This section applies if:\n (a) an asset vests in Dairy Australia Limited under this Division; and\n (b) there is lodged with an assets official a certificate that:\n (i) is signed by the Minister; and\n (ii) identifies the asset; and\n (iii) states that the asset has become vested in Dairy Australia Limited under this Division.\n (2) The assets official may:\n (a) deal with, and give effect to, the certificate as if it were a proper and appropriate instrument for transactions in relation to assets of that kind; and\n (b) make such entries in the register as are necessary having regard to the effect of this Division.\n (3) In this section:\n\n> assets official means the person or authority who, under a law of the Commonwealth, a State or a Territory, under a trust instrument or otherwise, has responsibility for keeping a register in relation to assets of the kind concerned.\n\n \n\n### Division 4—Transferring employees of dairy corporations\n\n#### Subdivision A—Preliminary\n\n#### 20 Transfer of staff\n\n At the conversion time, each employee of DRDC ceases to be employed by DRDC and is taken to have been engaged as an employee of Dairy Australia Limited.\n\n> Note: The effect of converting ADC into a Corporations Act company is not to create a new legal entity. The employees of ADC immediately before the conversion time will remain employees of Dairy Australia Limited immediately after that time.\n\n#### 21 Terms and conditions of transferring employees\n\n DRDC employees\n (1) A transferring DRDC employee is taken:\n (a) to have been engaged by Dairy Australia Limited on the same terms and conditions as those that applied to the person, immediately before the conversion time, as an employee of DRDC; and\n (b) to have accrued an entitlement to benefits, in connection with that engagement by Dairy Australia Limited, that is equivalent to the entitlement that the person had accrued, as an employee of DRDC, immediately before the conversion time.\n (2) The service of a transferring DRDC employee as an employee of Dairy Australia Limited is taken, for all purposes, to be continuous with his or her service as an employee of DRDC.\n (3) Except as provided by this Division, a transferring DRDC employee is not entitled to receive any payment or other benefit merely because of the operation of this Division.\n ADC employees\n (4) Except as provided by this Division, a transferring ADC employee is not entitled to receive any payment or other benefit merely because of the operation of this Part.\n Other\n (5) This section:\n (a) has effect subject to this Division; and\n (b) is not to be taken to be a law of the Commonwealth for the purposes of paragraph 170XA(2)(b) of the Workplace Relations Act 1996, as in force immediately before the reform commencement within the meaning given by that Act.\n\n#### 22 Variation of terms and conditions of employment\n\n (1) This Part does not prevent the terms and conditions of a transferring ADC employee’s employment, or a transferring DRDC employee’s employment, after the conversion time from being varied:\n (a) in accordance with those terms and conditions; or\n (b) by or under a law, award, determination or agreement.\n (2) In this section:\n\n> law means:\n\n (a) a law of the Commonwealth or of a State or Territory; or\n (b) regulations or any other instrument (other than an award, determination or industrial agreement) made under such a law.\n\n> vary, in relation to terms and conditions, includes:\n\n (a) omitting any of those terms and conditions; or\n (b) adding to those terms and conditions; or\n (c) substituting new terms or conditions for any of those terms and conditions.\n\n#### Subdivision B—Application of the Safety, Rehabilitation and Compensation Act\n\n#### 23 Expressions defined in SRC Act\n\n Expressions that are defined in the SRC Act and used in this Subdivision have the same meanings as in that Act.\n\n#### 24 Continued application of SRC Act\n\n The SRC Act continues to apply after the conversion time in relation to:\n (a) injuries suffered before that time by a transferring employee; and\n (b) loss of, or damage to, property incurred before that time by a transferring employee.\n\n#### 25 Commonwealth liability to meet certain SRC Act liabilities\n\n After the conversion time, the Commonwealth:\n (a) is liable to pay the liabilities of ADC under section 128A of the SRC Act; and\n (b) subject to section 26 of this Act, is taken to have been the employer of the transferring ADC employees before the conversion time for the purposes of the application of the SRC Act in relation to those liabilities.\n\n#### 26 SRC Act: rehabilitation provisions\n\n (1) If a transferring employee had, before the conversion time, suffered an injury resulting in an incapacity for work or an impairment, Dairy Australia Limited must, after that time, provide such reasonable co‑operation and assistance as the Commonwealth requires to enable the Commonwealth to fulfil its obligations under sections 36, 37, 38, 39, 41 and 41A of the SRC Act in relation to the transferring employee.\n (2) After the conversion time, Dairy Australia Limited is, for the purposes of section 40 of the SRC Act, taken to be the relevant employer of each transferring employee.\n (3) After the conversion time, Dairy Australia Limited is, for the purposes of applying section 71 of the SRC Act in relation to each transferring employee, taken to be a Commonwealth authority.\n\n#### 27 Premiums under the SRC Act\n\n (1) Comcare must, as soon as practicable after the conversion time, determine the amount (if any) by which the premium for ADC and DRDC for the transitional financial year should be reduced.\n (2) If:\n (a) an amount equal to the premium for ADC or DRDC for the transitional financial year has been paid under Division 4A of Part VII of the SRC Act; and\n (b) the amount of the premium is reduced as a result of a determination under subsection (1);\n the Secretary of the Department may, in writing, direct that an amount equal to the refund amount, or amounts that together add up to the refund amount, be paid to Dairy Australia Limited in accordance with the direction.\n (3) A direction by the Secretary of the Department may be given subject to such conditions (if any) about the use or expenditure of the amount or amounts to which it relates as are set out in the direction.\n (4) If the Secretary of the Department gives a direction, the amount or amounts to which it relates are payable to Dairy Australia Limited out of the Consolidated Revenue Fund, which is appropriated accordingly.\n (5) The payment of an amount under subsection (4) must be made in accordance with the direction, and is subject to the conditions (if any) set out in the direction.\n (6) A copy of each direction must be published in the Gazette within 14 days after the direction is given.\n (7) The direction is not invalid merely because it has not been published as required under subsection (6).\n (8) In this section:\n\n> refund amount means the amount equal to the difference between the amount of premium for ADC or DRDC for the transitional financial year and the amount of that premium as reduced because of a determination under subsection (1).\n\n> transitional financial year means the financial year in which the conversion time occurs.\n\n#### Subdivision C—Maternity leave provisions\n\n#### 28 Maternity leave starting before conversion time\n\n (1) This section applies in relation to a transferring employee if:\n (a) immediately before the conversion time, the employee was a female employee of ADC or DRDC who was on leave granted under the Maternity Leave Act; and\n (b) the employee would have been entitled to have remained on that leave after the conversion time if the employee had continued to be an employee of ADC or DRDC.\n (2) After the conversion time, the Maternity Leave Act continues to apply to the employee in relation to the confinement in respect of which the leave was granted as if Dairy Australia Limited were a prescribed authority for the purposes of that Act.\n\n#### 29 Maternity leave starting after conversion time\n\n (1) This section applies in relation to a transferring employee if:\n (a) immediately before the conversion time, the person was a female employee of ADC or DRDC; and\n (b) within 9 months after the conversion time, the employee would have been entitled to start leave granted under the Maternity Leave Act if the employee had continued to be an employee of ADC or DRDC.\n (2) After the conversion time, the Maternity Leave Act continues to apply to the employee in relation to the confinement in respect of which she would have been entitled to leave as if Dairy Australia Limited were a prescribed authority for the purposes of that Act.\n\n#### Subdivision D—Provisions relating to superannuation\n\n#### 30 Application of Superannuation Acts\n\n Dairy Australia Limited is not an approved authority for the purposes of the Superannuation Act 1976 or the Superannuation Act 1990.\n\n#### 31 Application of the Superannuation Benefits (Supervisory Mechanisms) Act 1990\n\n (1) The Minister must not declare Dairy Australia Limited to be a relevant body for the purposes of the Superannuation Benefits (Supervisory Mechanisms) Act 1990.\n (2) In this section:\n\n> Minister has the same meaning as in the Superannuation Benefits (Supervisory Mechanisms) Act 1990.\n\n#### Subdivision E—Provisions relating to long service leave\n\n#### 32 Expressions defined in Long Service Leave Act\n\n Expressions that are defined in the Long Service Leave Act and used in this Subdivision have the same meanings as in that Act.\n\n#### 33 Long service leave for employees with less than 10 years service\n\n (1) This section applies in relation to a transferring employee whose period of service for the purposes of the Long Service Leave Act immediately before the conversion time was less than 10 years.\n (2) This section does not apply in relation to an employee who dies.\n (3) If the employee continues to be employed by Dairy Australia Limited until his or her combined service period is at least 10 years, Dairy Australia Limited may grant the employee long service leave on full salary for a period up to the employee’s long service leave credit under subsection 36(1).\n (4) If:\n (a) the employee stops being an employee of Dairy Australia Limited on or after reaching the minimum retiring age, or because of retrenchment; and\n (b) the employee’s combined service period at the time when he or she stops being an employee of Dairy Australia Limited is at least one year;\n Dairy Australia Limited may grant the employee long service leave on full salary for a period up to the employee’s long service leave credit under subsection 36(1).\n (5) If a period of long service leave may be granted to an employee under subsection (3) or (4), Dairy Australia Limited may, if the employee asks in writing, grant the employee long service leave on half salary for a period not longer than twice the first‑mentioned period.\n (6) Long service leave granted in the circumstances set out in subsection (4) must be taken so as to end immediately before the employee stops being an employee.\n (7) For the purposes of this section, the rate of salary to be used in working out the full salary of an employee is the rate that would apply to the employee under section 20 of the Long Service Leave Act if:\n (a) that section applied to the employee; and\n (b) for the expression “section 16 or 17” in that section there were substituted the expression “section 33 of the Dairy Industry Service Reform Act 2003”.\n\n#### 34 Payments in lieu of long service leave for employees with less than 10 years service\n\n (1) This section applies to a transferring employee whose period of service for the purposes of the Long Service Leave Act immediately before the conversion time was less than 10 years.\n (2) This section does not apply in relation to an employee who dies.\n (3) If the employee stops being an employee of Dairy Australia Limited on or after the day on which his or her combined service period reaches 10 years, Dairy Australia Limited must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 36(2).\n (4) If:\n (a) the employee stops being an employee of Dairy Australia Limited, on or after reaching the minimum retiring age, or because of retrenchment; and\n (b) at that time the employee’s combined service period is at least one year;\n Dairy Australia Limited must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 36(2).\n (5) If:\n (a) the employee stops being an employee of Dairy Australia Limited; and\n (b) Dairy Australia Limited is satisfied that the employee left Dairy Australia Limited’s employment because of ill‑health that justified his or her so leaving; and\n (c) when the employee left, his or her combined service period was at least one year;\n Dairy Australia Limited must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 36(2).\n (6) For the purposes of this section, the rate of salary to be used in working out the full salary of an employee is the rate that would apply to the employee under section 21 of the Long Service Leave Act if:\n (a) that section applied to the employee; and\n (b) for the expression “sections 16 and 17” in that section there were substituted the expression “section 34 of the Dairy Industry Service Reform Act 2003”.\n\n#### 35 Payments on the death of an employee\n\n (1) This section applies to a transferring employee whose period of service for the purposes of the Long Service Leave Act immediately before the conversion time was less than 10 years.\n (2) If the employee dies after the conversion time and immediately before his or her death:\n (a) the employee was an employee of Dairy Australia Limited; and\n (b) the employee’s combined service period was at least one year; and\n (c) the employee had one or more dependants;\n Dairy Australia Limited must make a payment to the dependant or dependants.\n (3) The total amount of the payment or payments is the amount that would have been payable to the person under section 34 if, on the day of his or her death, the person had instead stopped being an employee of Dairy Australia Limited on or after reaching the minimum retiring age.\n (4) If subsection (2) applies, section 23 of the Long Service Leave Act has effect as if:\n (a) that section applied to an employee of Dairy Australia Limited; and\n (b) a reference in that section to the approving authority were a reference to Dairy Australia Limited; and\n (c) for the expression “this Act” in that section there were substituted the expression “section 35 of the Dairy Industry Service Reform Act 2003”; and\n (d) for the expression “subsection 16(7) or 17(5)” there were substituted the expression “section 35 of the Dairy Industry Service Reform Act 2003”.\n\n#### 36 Employee’s long service leave credit for the purposes of sections 33 and 34\n\n (1) For the purposes of section 33, an employee’s long service leave credit is equal to the long service leave credit that the employee would have under the Long Service Leave Act for the period:\n (a) beginning when the employee began his or her period of service; and\n (b) ending at the conversion time;\n if the employee had been retrenched at the conversion time.\n (2) For the purposes of section 34, an employee’s long service leave credit is the employee’s long service leave credit worked out under subsection (1) of this section reduced by any long service leave credit used under section 33.\n\n#### 37 Employees with at least 10 years service\n\n (1) This section applies to a transferring employee whose period of service for the purposes of the Long Service Leave Act immediately before the conversion time was at least 10 years.\n (2) Even though the employee ceases to be employed in Government Service for the purposes of the Long Service Leave Act, the employee’s accrued rights under that Act continue. However, the employee is not entitled to receive any payment because he or she ceases to be in Government Service.\n (3) The Long Service Leave Act has effect after the conversion time in relation to the employee’s rights under that Act that accrued before the conversion time, as if Dairy Australia Limited were an approving authority for the purposes of that Act.\n\n#### 38 Division not to affect post‑commencement long service leave rights\n\n (1) This Division does not affect an employee’s post‑commencement long service leave rights.\n (2) In this section:\n\n> law means:\n\n (a) a law of the Commonwealth or of a State or Territory; or\n (b) regulations or any other instrument (other than an award, determination or industrial agreement) made under such a law.\n\n> post‑commencement long service leave rights means any long service leave rights the employee acquires after the conversion time under an award, determination, industrial agreement or law (other than this Act).\n\n \n\n### Division 5—Other provisions\n\n#### 39 Operation of Archives Act\n\n (1) This Part does not authorise a Commonwealth record (within the meaning of the Archives Act 1983) to be transferred or otherwise dealt with except in accordance with the provisions of that Act.\n (2) A Commonwealth record (within the meaning of the Archives Act 1983) must not be transferred to a person under this Part unless the National Archives of Australia has given permission under paragraph 24(2)(b) of that Act.\n\n#### 40 Certificates etc. taken to be authentic etc.\n\n A document that appears to be a certificate or other document made or issued under this Part:\n (a) is taken to be such a certificate or other document; and\n (b) is taken to have been properly given;\n unless the contrary is established.\n\n \n\n## Part 4—Other provisions\n\n#### 41 Delegation\n\n (1) The Minister may, by writing, delegate all or any of his or her powers and functions under this Act to:\n (a) the Secretary of the Department; or\n (b) an SES employee, or acting SES employee, in the Department.\n (2) In exercising powers or functions under a delegation, the delegate must comply with any directions of the Minister.\n\n#### 42 Compensation for acquisition of property\n\n (1) If:\n (a) apart from this section, the operation of this Act would result in the acquisition of property from a person otherwise than on just terms; and\n (b) the acquisition would be invalid because of paragraph 51(xxxi) of the Constitution;\n the Commonwealth is liable to pay the person a reasonable amount of compensation in respect of the acquisition.\n (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n (3) In this section:\n\n> acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\n> just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\n#### 43 Regulations\n\n (1) The Governor‑General may make regulations prescribing matters:\n (a) required or permitted by this Act to be prescribed; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n (2) In particular, regulations may be made prescribing matters of a transitional nature (including prescribing any saving or application provisions) arising from:\n (a) the amendments or repeals made by this Act; and\n (b) the enactment of this Act.","sortOrder":10},{"sectionNumber":"8","sectionType":"section","heading":"Definitions","content":"#### 8 Definitions\n\n In this Part, unless the contrary intention appears:\n\n> ADC means the Australian Dairy Corporation as in existence before the conversion time.\n\n> ASIC means the Australian Securities and Investments Commission.\n\n> asset means:\n\n (a) any legal or equitable estate or interest in real or personal property, whether actual, contingent or prospective; and\n (b) any right, power, privilege or immunity, whether actual, contingent or prospective.\n\n> combined service period, in relation to a transferring employee, means the total of:\n\n (a) 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\n (b) the period during which the employee continues to be an employee of Dairy Australia Limited.\n\n> commencing time means the beginning of the day on which this Act receives the Royal Assent.\n\n> conversion time means the time when Schedule 1 commences.\n\n> Dairy Australia Limited means ADC, after it is registered under the Corporations Act 2001 as mentioned in section 11 of this Act.\n\n> DRDC means the Dairy Research and Development Corporation as in existence before the conversion time.\n\n> employee, in relation to DRDC, means a person who is an officer or employee of DRDC immediately before the conversion time.\n\n> liability means any liability, duty or obligation, whether actual, contingent or prospective.\n\n> Long Service Leave Act means the Long Service Leave (Commonwealth Employees) Act 1976, as in force immediately before the conversion time.\n\n> Maternity Leave Act means the Maternity Leave (Commonwealth Employees) Act 1973, as in force immediately before the conversion time.\n\n> 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.\n\n> SRC Act means the Safety, Rehabilitation and Compensation Act 1988, as in force immediately before the conversion time.\n\n> transferring ADC employee means a person who is an officer or employee of ADC immediately before the conversion time.\n\n> transferring DRDC employee means a person who is taken to have been engaged as an employee of Dairy Australia Limited under section 20.\n\n> transferring employee means a transferring ADC employee or a transferring DRDC employee.","sortOrder":11},{"sectionNumber":"Division 2","sectionType":"division","heading":"Registration of the Australian Dairy Corporation as a Corporations Act company","content":"An Act relating to the dairy industry, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title \\[see Note 1\\]\n\n This Act may be cited as the Dairy Industry Service Reform Act 2003.\n\n#### 2 Commencement \\[see Note 1\\]\n\n (1) 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.\n\n```html\n

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
(s 2(1), Gazette 2003, S228)

\n```\n\n> Note: 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.\n\n (2) 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.\n\n#### 3 Schedule(s)\n\n 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.\n\n#### 4 Crown to be bound\n\n This Act binds the Crown in all its capacities.\n\n#### 5 External Territories\n\n This Act extends to all the external Territories.\n\n#### 6 Extraterritorial operation\n\n This Act applies both within and outside Australia.\n\n \n\n## Part 2—Provision of levy information to the Australian Dairy Corporation\n\n#### 7 Provision of levy information to the Australian Dairy Corporation\n\n Provision of information\n (1) 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.\n (2) A first purchaser must comply with a notice under subsection (1).\n Use or disclosure of information\n (3) The Australian Dairy Corporation may use or disclose information about producers provided to it under this section for any of the following purposes:\n (a) to inform the producers about the amendments to be made by this Act;\n (b) to make the producers aware of their eligibility to become a member of Dairy Australia Limited;\n (c) to invite the producers to make applications to the Corporation to become such a member;\n (d) to develop a list of those producers eligible to become such a member.\n Definitions\n (4) In this section:\n\n> ABN has the meaning given by section 41 of the A New Tax System (Australian Business Number) Act 1999.\n\n> first purchaser has the same meaning as in the Primary Industries Levies and Charges Collection Act 1991.\n\n> producer has the same meaning as in the Primary Industries Levies and Charges Collection Act 1991.\n\n> relevant dairy produce has the same meaning as in the Primary Industries (Excise) Levies Act 1999.\n\n \n\n## Part 3—Privatisation of dairy corporations\n\n### Division 1—Definitions\n\n#### 8 Definitions\n\n In this Part, unless the contrary intention appears:\n\n> ADC means the Australian Dairy Corporation as in existence before the conversion time.\n\n> ASIC means the Australian Securities and Investments Commission.\n\n> asset means:\n\n (a) any legal or equitable estate or interest in real or personal property, whether actual, contingent or prospective; and\n (b) any right, power, privilege or immunity, whether actual, contingent or prospective.\n\n> combined service period, in relation to a transferring employee, means the total of:\n\n (a) 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\n (b) the period during which the employee continues to be an employee of Dairy Australia Limited.\n\n> commencing time means the beginning of the day on which this Act receives the Royal Assent.\n\n> conversion time means the time when Schedule 1 commences.\n\n> Dairy Australia Limited means ADC, after it is registered under the Corporations Act 2001 as mentioned in section 11 of this Act.\n\n> DRDC means the Dairy Research and Development Corporation as in existence before the conversion time.\n\n> employee, in relation to DRDC, means a person who is an officer or employee of DRDC immediately before the conversion time.\n\n> liability means any liability, duty or obligation, whether actual, contingent or prospective.\n\n> Long Service Leave Act means the Long Service Leave (Commonwealth Employees) Act 1976, as in force immediately before the conversion time.\n\n> Maternity Leave Act means the Maternity Leave (Commonwealth Employees) Act 1973, as in force immediately before the conversion time.\n\n> 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.\n\n> SRC Act means the Safety, Rehabilitation and Compensation Act 1988, as in force immediately before the conversion time.\n\n> transferring ADC employee means a person who is an officer or employee of ADC immediately before the conversion time.\n\n> transferring DRDC employee means a person who is taken to have been engaged as an employee of Dairy Australia Limited under section 20.\n\n> transferring employee means a transferring ADC employee or a transferring DRDC employee.\n\n \n\n### Division 2—Registration of the Australian Dairy Corporation as a Corporations Act company\n\n#### 9 Application for registration\n\n Application\n (1) 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.\n (2) ADC is hereby authorised to make the application.\n Directors\n (3) 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.\n Constitution\n (4) 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.\n\n#### 10 Funding contract before registration\n\n (1) During the period beginning at the commencing time and ending immediately before the conversion time:\n (a) the Minister, on behalf of the Commonwealth; and\n (b) at least 3 of the proposed directors, on behalf of Dairy Australia Limited;\n 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.\n (2) If such a contract is entered into, then, at the conversion time:\n (a) the Commonwealth and Dairy Australia Limited are taken to have entered into the contract under section 5 of the Dairy Produce Act 1986; and\n (b) Dairy Australia Limited becomes bound by the contract and entitled to its benefit.\n\n> Note: 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.\n\n#### 11 Registration as a company under the Corporations Act\n\n (1) At the conversion time, ASIC is taken to have registered ADC under section 601BD of the Corporations Act 2001:\n (a) as a company limited by guarantee; and\n (b) with the name “Dairy Australia Limited”.\n\n> Note: 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.\n\n (2) 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.\n\n#### 12 Operation of the Corporations Act after conversion time\n\n Nothing in this Part prevents, after the conversion time:\n (a) a change in the name of Dairy Australia Limited; or\n (b) a change in the structure, constitution or membership of Dairy Australia Limited.\n\n#### 13 Accounting records\n\n For the purposes of the Corporations Act 2001:\n (a) the accounting records kept by ADC before the conversion time under section 20 of the Commonwealth Authorities and Companies Act 1997 are to be treated as financial records of Dairy Australia Limited; and\n (b) an annual report and financial statements prepared in relation to a financial year by ADC under section 9 of the Commonwealth Authorities and Companies Act 1997 are to be treated as a financial report of Dairy Australia Limited for that financial year.\n\n#### 14 Dairy Australia Limited not to be a Commonwealth authority etc.\n\n (1) After the conversion time, Dairy Australia Limited is not taken, for the purposes of a law, to be:\n (a) a Commonwealth authority; or\n (b) established for a public purpose or for a purpose of the Commonwealth; or\n (c) a public authority or an agency or instrumentality of the Crown;\n (within the ordinary meaning of the expression concerned) unless a law expressly provides otherwise.\n (2) In this section:\n\n> law means:\n\n (a) an Act of the Commonwealth or of a State or Territory; or\n (b) regulations or any other instrument made under such an Act.\n\n \n\n### Division 3—Transfer of assets and liabilities of the Dairy Research and Development Corporation\n\n#### 15 Transfer of assets and liabilities\n\n (1) This section applies to:\n (a) the assets of DRDC; and\n (b) the liabilities of DRDC.\n (2) At the conversion time, the assets and liabilities cease to be assets and liabilities of DRDC and become assets and liabilities of Dairy Australia Limited without any conveyance, transfer or assignment.\n (3) Immediately after the conversion time, Dairy Australia Limited becomes DRDC’s successor in law in relation to the assets and liabilities.\n\n> Note: The effect of converting ADC into a Corporations Act company is not to create a new legal entity. The assets and liabilities of ADC immediately before the conversion time will remain assets and liabilities of Dairy Australia Limited immediately after that time.\n\n#### 16 Transfer of pending proceedings\n\n If any proceedings to which DRDC was a party:\n (a) were pending in any court or tribunal immediately before the conversion time; and\n (b) related, in whole or in part, to an asset or liability of DRDC;\n Dairy Australia Limited is, by force of this section, substituted for DRDC as a party to the proceedings to the extent to which the proceedings relate to the asset or liability.\n\n#### 17 Exemption from stamp duty etc.\n\n (1) No stamp duty or other tax is payable under a law of a State or Territory in respect of an exempt matter, or anything connected with an exempt matter.\n (2) The Minister may certify in writing:\n (a) that a specified matter is an exempt matter; or\n (b) that a specified thing was done in connection with a specified exempt matter.\n (3) In all courts, and for all purposes, a certificate under subsection (2) is evidence of the matter stated in the certificate.\n (4) In this section:\n\n> exempt matter means:\n\n (a) the transfer of an asset or a liability under section 15; or\n (b) the operation of this Division in any other respect.\n\n#### 18 References in certain instruments\n\n (1) This section applies to an instrument if:\n (a) it is in operation immediately before the conversion time; and\n (b) it is an instrument:\n (i) to which DRDC is a party; or\n (ii) which was given to, or in favour of, DRDC; or\n (iii) in which a reference is made to DRDC; or\n (iv) under which any right or liability accrues or may accrue to DRDC.\n (2) The instrument continues to have effect after the conversion time as if a reference in the instrument to DRDC were a reference to Dairy Australia Limited.\n (3) In this section:\n\n> instrument does not include regulations or any other instrument made under the Superannuation Act 1976 or the Superannuation Act 1990.\n\n#### 19 Certificates in relation to assets\n\n (1) This section applies if:\n (a) an asset vests in Dairy Australia Limited under this Division; and\n (b) there is lodged with an assets official a certificate that:\n (i) is signed by the Minister; and\n (ii) identifies the asset; and\n (iii) states that the asset has become vested in Dairy Australia Limited under this Division.\n (2) The assets official may:\n (a) deal with, and give effect to, the certificate as if it were a proper and appropriate instrument for transactions in relation to assets of that kind; and\n (b) make such entries in the register as are necessary having regard to the effect of this Division.\n (3) In this section:\n\n> assets official means the person or authority who, under a law of the Commonwealth, a State or a Territory, under a trust instrument or otherwise, has responsibility for keeping a register in relation to assets of the kind concerned.\n\n \n\n### Division 4—Transferring employees of dairy corporations\n\n#### Subdivision A—Preliminary\n\n#### 20 Transfer of staff\n\n At the conversion time, each employee of DRDC ceases to be employed by DRDC and is taken to have been engaged as an employee of Dairy Australia Limited.\n\n> Note: The effect of converting ADC into a Corporations Act company is not to create a new legal entity. The employees of ADC immediately before the conversion time will remain employees of Dairy Australia Limited immediately after that time.\n\n#### 21 Terms and conditions of transferring employees\n\n DRDC employees\n (1) A transferring DRDC employee is taken:\n (a) to have been engaged by Dairy Australia Limited on the same terms and conditions as those that applied to the person, immediately before the conversion time, as an employee of DRDC; and\n (b) to have accrued an entitlement to benefits, in connection with that engagement by Dairy Australia Limited, that is equivalent to the entitlement that the person had accrued, as an employee of DRDC, immediately before the conversion time.\n (2) The service of a transferring DRDC employee as an employee of Dairy Australia Limited is taken, for all purposes, to be continuous with his or her service as an employee of DRDC.\n (3) Except as provided by this Division, a transferring DRDC employee is not entitled to receive any payment or other benefit merely because of the operation of this Division.\n ADC employees\n (4) Except as provided by this Division, a transferring ADC employee is not entitled to receive any payment or other benefit merely because of the operation of this Part.\n Other\n (5) This section:\n (a) has effect subject to this Division; and\n (b) is not to be taken to be a law of the Commonwealth for the purposes of paragraph 170XA(2)(b) of the Workplace Relations Act 1996, as in force immediately before the reform commencement within the meaning given by that Act.\n\n#### 22 Variation of terms and conditions of employment\n\n (1) This Part does not prevent the terms and conditions of a transferring ADC employee’s employment, or a transferring DRDC employee’s employment, after the conversion time from being varied:\n (a) in accordance with those terms and conditions; or\n (b) by or under a law, award, determination or agreement.\n (2) In this section:\n\n> law means:\n\n (a) a law of the Commonwealth or of a State or Territory; or\n (b) regulations or any other instrument (other than an award, determination or industrial agreement) made under such a law.\n\n> vary, in relation to terms and conditions, includes:\n\n (a) omitting any of those terms and conditions; or\n (b) adding to those terms and conditions; or\n (c) substituting new terms or conditions for any of those terms and conditions.\n\n#### Subdivision B—Application of the Safety, Rehabilitation and Compensation Act\n\n#### 23 Expressions defined in SRC Act\n\n Expressions that are defined in the SRC Act and used in this Subdivision have the same meanings as in that Act.\n\n#### 24 Continued application of SRC Act\n\n The SRC Act continues to apply after the conversion time in relation to:\n (a) injuries suffered before that time by a transferring employee; and\n (b) loss of, or damage to, property incurred before that time by a transferring employee.\n\n#### 25 Commonwealth liability to meet certain SRC Act liabilities\n\n After the conversion time, the Commonwealth:\n (a) is liable to pay the liabilities of ADC under section 128A of the SRC Act; and\n (b) subject to section 26 of this Act, is taken to have been the employer of the transferring ADC employees before the conversion time for the purposes of the application of the SRC Act in relation to those liabilities.\n\n#### 26 SRC Act: rehabilitation provisions\n\n (1) If a transferring employee had, before the conversion time, suffered an injury resulting in an incapacity for work or an impairment, Dairy Australia Limited must, after that time, provide such reasonable co‑operation and assistance as the Commonwealth requires to enable the Commonwealth to fulfil its obligations under sections 36, 37, 38, 39, 41 and 41A of the SRC Act in relation to the transferring employee.\n (2) After the conversion time, Dairy Australia Limited is, for the purposes of section 40 of the SRC Act, taken to be the relevant employer of each transferring employee.\n (3) After the conversion time, Dairy Australia Limited is, for the purposes of applying section 71 of the SRC Act in relation to each transferring employee, taken to be a Commonwealth authority.\n\n#### 27 Premiums under the SRC Act\n\n (1) Comcare must, as soon as practicable after the conversion time, determine the amount (if any) by which the premium for ADC and DRDC for the transitional financial year should be reduced.\n (2) If:\n (a) an amount equal to the premium for ADC or DRDC for the transitional financial year has been paid under Division 4A of Part VII of the SRC Act; and\n (b) the amount of the premium is reduced as a result of a determination under subsection (1);\n the Secretary of the Department may, in writing, direct that an amount equal to the refund amount, or amounts that together add up to the refund amount, be paid to Dairy Australia Limited in accordance with the direction.\n (3) A direction by the Secretary of the Department may be given subject to such conditions (if any) about the use or expenditure of the amount or amounts to which it relates as are set out in the direction.\n (4) If the Secretary of the Department gives a direction, the amount or amounts to which it relates are payable to Dairy Australia Limited out of the Consolidated Revenue Fund, which is appropriated accordingly.\n (5) The payment of an amount under subsection (4) must be made in accordance with the direction, and is subject to the conditions (if any) set out in the direction.\n (6) A copy of each direction must be published in the Gazette within 14 days after the direction is given.\n (7) The direction is not invalid merely because it has not been published as required under subsection (6).\n (8) In this section:\n\n> refund amount means the amount equal to the difference between the amount of premium for ADC or DRDC for the transitional financial year and the amount of that premium as reduced because of a determination under subsection (1).\n\n> transitional financial year means the financial year in which the conversion time occurs.\n\n#### Subdivision C—Maternity leave provisions\n\n#### 28 Maternity leave starting before conversion time\n\n (1) This section applies in relation to a transferring employee if:\n (a) immediately before the conversion time, the employee was a female employee of ADC or DRDC who was on leave granted under the Maternity Leave Act; and\n (b) the employee would have been entitled to have remained on that leave after the conversion time if the employee had continued to be an employee of ADC or DRDC.\n (2) After the conversion time, the Maternity Leave Act continues to apply to the employee in relation to the confinement in respect of which the leave was granted as if Dairy Australia Limited were a prescribed authority for the purposes of that Act.\n\n#### 29 Maternity leave starting after conversion time\n\n (1) This section applies in relation to a transferring employee if:\n (a) immediately before the conversion time, the person was a female employee of ADC or DRDC; and\n (b) within 9 months after the conversion time, the employee would have been entitled to start leave granted under the Maternity Leave Act if the employee had continued to be an employee of ADC or DRDC.\n (2) After the conversion time, the Maternity Leave Act continues to apply to the employee in relation to the confinement in respect of which she would have been entitled to leave as if Dairy Australia Limited were a prescribed authority for the purposes of that Act.\n\n#### Subdivision D—Provisions relating to superannuation\n\n#### 30 Application of Superannuation Acts\n\n Dairy Australia Limited is not an approved authority for the purposes of the Superannuation Act 1976 or the Superannuation Act 1990.\n\n#### 31 Application of the Superannuation Benefits (Supervisory Mechanisms) Act 1990\n\n (1) The Minister must not declare Dairy Australia Limited to be a relevant body for the purposes of the Superannuation Benefits (Supervisory Mechanisms) Act 1990.\n (2) In this section:\n\n> Minister has the same meaning as in the Superannuation Benefits (Supervisory Mechanisms) Act 1990.\n\n#### Subdivision E—Provisions relating to long service leave\n\n#### 32 Expressions defined in Long Service Leave Act\n\n Expressions that are defined in the Long Service Leave Act and used in this Subdivision have the same meanings as in that Act.\n\n#### 33 Long service leave for employees with less than 10 years service\n\n (1) This section applies in relation to a transferring employee whose period of service for the purposes of the Long Service Leave Act immediately before the conversion time was less than 10 years.\n (2) This section does not apply in relation to an employee who dies.\n (3) If the employee continues to be employed by Dairy Australia Limited until his or her combined service period is at least 10 years, Dairy Australia Limited may grant the employee long service leave on full salary for a period up to the employee’s long service leave credit under subsection 36(1).\n (4) If:\n (a) the employee stops being an employee of Dairy Australia Limited on or after reaching the minimum retiring age, or because of retrenchment; and\n (b) the employee’s combined service period at the time when he or she stops being an employee of Dairy Australia Limited is at least one year;\n Dairy Australia Limited may grant the employee long service leave on full salary for a period up to the employee’s long service leave credit under subsection 36(1).\n (5) If a period of long service leave may be granted to an employee under subsection (3) or (4), Dairy Australia Limited may, if the employee asks in writing, grant the employee long service leave on half salary for a period not longer than twice the first‑mentioned period.\n (6) Long service leave granted in the circumstances set out in subsection (4) must be taken so as to end immediately before the employee stops being an employee.\n (7) For the purposes of this section, the rate of salary to be used in working out the full salary of an employee is the rate that would apply to the employee under section 20 of the Long Service Leave Act if:\n (a) that section applied to the employee; and\n (b) for the expression “section 16 or 17” in that section there were substituted the expression “section 33 of the Dairy Industry Service Reform Act 2003”.\n\n#### 34 Payments in lieu of long service leave for employees with less than 10 years service\n\n (1) This section applies to a transferring employee whose period of service for the purposes of the Long Service Leave Act immediately before the conversion time was less than 10 years.\n (2) This section does not apply in relation to an employee who dies.\n (3) If the employee stops being an employee of Dairy Australia Limited on or after the day on which his or her combined service period reaches 10 years, Dairy Australia Limited must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 36(2).\n (4) If:\n (a) the employee stops being an employee of Dairy Australia Limited, on or after reaching the minimum retiring age, or because of retrenchment; and\n (b) at that time the employee’s combined service period is at least one year;\n Dairy Australia Limited must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 36(2).\n (5) If:\n (a) the employee stops being an employee of Dairy Australia Limited; and\n (b) Dairy Australia Limited is satisfied that the employee left Dairy Australia Limited’s employment because of ill‑health that justified his or her so leaving; and\n (c) when the employee left, his or her combined service period was at least one year;\n Dairy Australia Limited must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 36(2).\n (6) For the purposes of this section, the rate of salary to be used in working out the full salary of an employee is the rate that would apply to the employee under section 21 of the Long Service Leave Act if:\n (a) that section applied to the employee; and\n (b) for the expression “sections 16 and 17” in that section there were substituted the expression “section 34 of the Dairy Industry Service Reform Act 2003”.\n\n#### 35 Payments on the death of an employee\n\n (1) This section applies to a transferring employee whose period of service for the purposes of the Long Service Leave Act immediately before the conversion time was less than 10 years.\n (2) If the employee dies after the conversion time and immediately before his or her death:\n (a) the employee was an employee of Dairy Australia Limited; and\n (b) the employee’s combined service period was at least one year; and\n (c) the employee had one or more dependants;\n Dairy Australia Limited must make a payment to the dependant or dependants.\n (3) The total amount of the payment or payments is the amount that would have been payable to the person under section 34 if, on the day of his or her death, the person had instead stopped being an employee of Dairy Australia Limited on or after reaching the minimum retiring age.\n (4) If subsection (2) applies, section 23 of the Long Service Leave Act has effect as if:\n (a) that section applied to an employee of Dairy Australia Limited; and\n (b) a reference in that section to the approving authority were a reference to Dairy Australia Limited; and\n (c) for the expression “this Act” in that section there were substituted the expression “section 35 of the Dairy Industry Service Reform Act 2003”; and\n (d) for the expression “subsection 16(7) or 17(5)” there were substituted the expression “section 35 of the Dairy Industry Service Reform Act 2003”.\n\n#### 36 Employee’s long service leave credit for the purposes of sections 33 and 34\n\n (1) For the purposes of section 33, an employee’s long service leave credit is equal to the long service leave credit that the employee would have under the Long Service Leave Act for the period:\n (a) beginning when the employee began his or her period of service; and\n (b) ending at the conversion time;\n if the employee had been retrenched at the conversion time.\n (2) For the purposes of section 34, an employee’s long service leave credit is the employee’s long service leave credit worked out under subsection (1) of this section reduced by any long service leave credit used under section 33.\n\n#### 37 Employees with at least 10 years service\n\n (1) This section applies to a transferring employee whose period of service for the purposes of the Long Service Leave Act immediately before the conversion time was at least 10 years.\n (2) Even though the employee ceases to be employed in Government Service for the purposes of the Long Service Leave Act, the employee’s accrued rights under that Act continue. However, the employee is not entitled to receive any payment because he or she ceases to be in Government Service.\n (3) The Long Service Leave Act has effect after the conversion time in relation to the employee’s rights under that Act that accrued before the conversion time, as if Dairy Australia Limited were an approving authority for the purposes of that Act.\n\n#### 38 Division not to affect post‑commencement long service leave rights\n\n (1) This Division does not affect an employee’s post‑commencement long service leave rights.\n (2) In this section:\n\n> law means:\n\n (a) a law of the Commonwealth or of a State or Territory; or\n (b) regulations or any other instrument (other than an award, determination or industrial agreement) made under such a law.\n\n> post‑commencement long service leave rights means any long service leave rights the employee acquires after the conversion time under an award, determination, industrial agreement or law (other than this Act).\n\n \n\n### Division 5—Other provisions\n\n#### 39 Operation of Archives Act\n\n (1) This Part does not authorise a Commonwealth record (within the meaning of the Archives Act 1983) to be transferred or otherwise dealt with except in accordance with the provisions of that Act.\n (2) A Commonwealth record (within the meaning of the Archives Act 1983) must not be transferred to a person under this Part unless the National Archives of Australia has given permission under paragraph 24(2)(b) of that Act.\n\n#### 40 Certificates etc. taken to be authentic etc.\n\n A document that appears to be a certificate or other document made or issued under this Part:\n (a) is taken to be such a certificate or other document; and\n (b) is taken to have been properly given;\n unless the contrary is established.\n\n \n\n## Part 4—Other provisions\n\n#### 41 Delegation\n\n (1) The Minister may, by writing, delegate all or any of his or her powers and functions under this Act to:\n (a) the Secretary of the Department; or\n (b) an SES employee, or acting SES employee, in the Department.\n (2) In exercising powers or functions under a delegation, the delegate must comply with any directions of the Minister.\n\n#### 42 Compensation for acquisition of property\n\n (1) If:\n (a) apart from this section, the operation of this Act would result in the acquisition of property from a person otherwise than on just terms; and\n (b) the acquisition would be invalid because of paragraph 51(xxxi) of the Constitution;\n the Commonwealth is liable to pay the person a reasonable amount of compensation in respect of the acquisition.\n (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n (3) In this section:\n\n> acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\n> just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\n#### 43 Regulations\n\n (1) The Governor‑General may make regulations prescribing matters:\n (a) required or permitted by this Act to be prescribed; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n (2) In particular, regulations may be made prescribing matters of a transitional nature (including prescribing any saving or application provisions) arising from:\n (a) the amendments or repeals made by this Act; and\n (b) the enactment of this Act.","sortOrder":12},{"sectionNumber":"9","sectionType":"section","heading":"Application for registration","content":"#### 9 Application for registration\n\n Application\n (1) 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.\n (2) ADC is hereby authorised to make the application.\n Directors\n (3) 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.\n Constitution\n (4) 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.","sortOrder":13},{"sectionNumber":"10","sectionType":"section","heading":"Funding contract before registration","content":"#### 10 Funding contract before registration\n\n (1) During the period beginning at the commencing time and ending immediately before the conversion time:\n (a) the Minister, on behalf of the Commonwealth; and\n (b) at least 3 of the proposed directors, on behalf of Dairy Australia Limited;\n 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.\n (2) If such a contract is entered into, then, at the conversion time:\n (a) the Commonwealth and Dairy Australia Limited are taken to have entered into the contract under section 5 of the Dairy Produce Act 1986; and\n (b) Dairy Australia Limited becomes bound by the contract and entitled to its benefit.\n\n> Note: 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.","sortOrder":14},{"sectionNumber":"11","sectionType":"section","heading":"Registration as a company under the Corporations Act","content":"#### 11 Registration as a company under the Corporations Act\n\n (1) At the conversion time, ASIC is taken to have registered ADC under section 601BD of the Corporations Act 2001:\n (a) as a company limited by guarantee; and\n (b) with the name “Dairy Australia Limited”.\n\n> Note: 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.\n\n (2) 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.","sortOrder":15},{"sectionNumber":"12","sectionType":"section","heading":"Operation of the Corporations Act after conversion time","content":"#### 12 Operation of the Corporations Act after conversion time\n\n Nothing in this Part prevents, after the conversion time:\n (a) a change in the name of Dairy Australia Limited; or\n (b) a change in the structure, constitution or membership of Dairy Australia Limited.","sortOrder":16},{"sectionNumber":"13","sectionType":"section","heading":"Accounting records","content":"#### 13 Accounting records\n\n For the purposes of the Corporations Act 2001:\n (a) the accounting records kept by ADC before the conversion time under section 20 of the Commonwealth Authorities and Companies Act 1997 are to be treated as financial records of Dairy Australia Limited; and\n (b) an annual report and financial statements prepared in relation to a financial year by ADC under section 9 of the Commonwealth Authorities and Companies Act 1997 are to be treated as a financial report of Dairy Australia Limited for that financial year.","sortOrder":17},{"sectionNumber":"14","sectionType":"section","heading":"Dairy Australia Limited not to be a Commonwealth authority etc.","content":"#### 14 Dairy Australia Limited not to be a Commonwealth authority etc.\n\n (1) After the conversion time, Dairy Australia Limited is not taken, for the purposes of a law, to be:\n (a) a Commonwealth authority; or\n (b) established for a public purpose or for a purpose of the Commonwealth; or\n (c) a public authority or an agency or instrumentality of the Crown;\n (within the ordinary meaning of the expression concerned) unless a law expressly provides otherwise.\n (2) In this section:\n\n> law means:\n\n (a) an Act of the Commonwealth or of a State or Territory; or\n (b) regulations or any other instrument made under such an Act.","sortOrder":18},{"sectionNumber":"Division 3","sectionType":"division","heading":"Transfer of assets and liabilities of the Dairy Research and Development Corporation","content":"An Act relating to the dairy industry, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title \\[see Note 1\\]\n\n This Act may be cited as the Dairy Industry Service Reform Act 2003.\n\n#### 2 Commencement \\[see Note 1\\]\n\n (1) 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.\n\n```html\n

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
(s 2(1), Gazette 2003, S228)

\n```\n\n> Note: 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.\n\n (2) 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.\n\n#### 3 Schedule(s)\n\n 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.\n\n#### 4 Crown to be bound\n\n This Act binds the Crown in all its capacities.\n\n#### 5 External Territories\n\n This Act extends to all the external Territories.\n\n#### 6 Extraterritorial operation\n\n This Act applies both within and outside Australia.\n\n \n\n## Part 2—Provision of levy information to the Australian Dairy Corporation\n\n#### 7 Provision of levy information to the Australian Dairy Corporation\n\n Provision of information\n (1) 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.\n (2) A first purchaser must comply with a notice under subsection (1).\n Use or disclosure of information\n (3) The Australian Dairy Corporation may use or disclose information about producers provided to it under this section for any of the following purposes:\n (a) to inform the producers about the amendments to be made by this Act;\n (b) to make the producers aware of their eligibility to become a member of Dairy Australia Limited;\n (c) to invite the producers to make applications to the Corporation to become such a member;\n (d) to develop a list of those producers eligible to become such a member.\n Definitions\n (4) In this section:\n\n> ABN has the meaning given by section 41 of the A New Tax System (Australian Business Number) Act 1999.\n\n> first purchaser has the same meaning as in the Primary Industries Levies and Charges Collection Act 1991.\n\n> producer has the same meaning as in the Primary Industries Levies and Charges Collection Act 1991.\n\n> relevant dairy produce has the same meaning as in the Primary Industries (Excise) Levies Act 1999.\n\n \n\n## Part 3—Privatisation of dairy corporations\n\n### Division 1—Definitions\n\n#### 8 Definitions\n\n In this Part, unless the contrary intention appears:\n\n> ADC means the Australian Dairy Corporation as in existence before the conversion time.\n\n> ASIC means the Australian Securities and Investments Commission.\n\n> asset means:\n\n (a) any legal or equitable estate or interest in real or personal property, whether actual, contingent or prospective; and\n (b) any right, power, privilege or immunity, whether actual, contingent or prospective.\n\n> combined service period, in relation to a transferring employee, means the total of:\n\n (a) 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\n (b) the period during which the employee continues to be an employee of Dairy Australia Limited.\n\n> commencing time means the beginning of the day on which this Act receives the Royal Assent.\n\n> conversion time means the time when Schedule 1 commences.\n\n> Dairy Australia Limited means ADC, after it is registered under the Corporations Act 2001 as mentioned in section 11 of this Act.\n\n> DRDC means the Dairy Research and Development Corporation as in existence before the conversion time.\n\n> employee, in relation to DRDC, means a person who is an officer or employee of DRDC immediately before the conversion time.\n\n> liability means any liability, duty or obligation, whether actual, contingent or prospective.\n\n> Long Service Leave Act means the Long Service Leave (Commonwealth Employees) Act 1976, as in force immediately before the conversion time.\n\n> Maternity Leave Act means the Maternity Leave (Commonwealth Employees) Act 1973, as in force immediately before the conversion time.\n\n> 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.\n\n> SRC Act means the Safety, Rehabilitation and Compensation Act 1988, as in force immediately before the conversion time.\n\n> transferring ADC employee means a person who is an officer or employee of ADC immediately before the conversion time.\n\n> transferring DRDC employee means a person who is taken to have been engaged as an employee of Dairy Australia Limited under section 20.\n\n> transferring employee means a transferring ADC employee or a transferring DRDC employee.\n\n \n\n### Division 2—Registration of the Australian Dairy Corporation as a Corporations Act company\n\n#### 9 Application for registration\n\n Application\n (1) 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.\n (2) ADC is hereby authorised to make the application.\n Directors\n (3) 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.\n Constitution\n (4) 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.\n\n#### 10 Funding contract before registration\n\n (1) During the period beginning at the commencing time and ending immediately before the conversion time:\n (a) the Minister, on behalf of the Commonwealth; and\n (b) at least 3 of the proposed directors, on behalf of Dairy Australia Limited;\n 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.\n (2) If such a contract is entered into, then, at the conversion time:\n (a) the Commonwealth and Dairy Australia Limited are taken to have entered into the contract under section 5 of the Dairy Produce Act 1986; and\n (b) Dairy Australia Limited becomes bound by the contract and entitled to its benefit.\n\n> Note: 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.\n\n#### 11 Registration as a company under the Corporations Act\n\n (1) At the conversion time, ASIC is taken to have registered ADC under section 601BD of the Corporations Act 2001:\n (a) as a company limited by guarantee; and\n (b) with the name “Dairy Australia Limited”.\n\n> Note: 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.\n\n (2) 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.\n\n#### 12 Operation of the Corporations Act after conversion time\n\n Nothing in this Part prevents, after the conversion time:\n (a) a change in the name of Dairy Australia Limited; or\n (b) a change in the structure, constitution or membership of Dairy Australia Limited.\n\n#### 13 Accounting records\n\n For the purposes of the Corporations Act 2001:\n (a) the accounting records kept by ADC before the conversion time under section 20 of the Commonwealth Authorities and Companies Act 1997 are to be treated as financial records of Dairy Australia Limited; and\n (b) an annual report and financial statements prepared in relation to a financial year by ADC under section 9 of the Commonwealth Authorities and Companies Act 1997 are to be treated as a financial report of Dairy Australia Limited for that financial year.\n\n#### 14 Dairy Australia Limited not to be a Commonwealth authority etc.\n\n (1) After the conversion time, Dairy Australia Limited is not taken, for the purposes of a law, to be:\n (a) a Commonwealth authority; or\n (b) established for a public purpose or for a purpose of the Commonwealth; or\n (c) a public authority or an agency or instrumentality of the Crown;\n (within the ordinary meaning of the expression concerned) unless a law expressly provides otherwise.\n (2) In this section:\n\n> law means:\n\n (a) an Act of the Commonwealth or of a State or Territory; or\n (b) regulations or any other instrument made under such an Act.\n\n \n\n### Division 3—Transfer of assets and liabilities of the Dairy Research and Development Corporation\n\n#### 15 Transfer of assets and liabilities\n\n (1) This section applies to:\n (a) the assets of DRDC; and\n (b) the liabilities of DRDC.\n (2) At the conversion time, the assets and liabilities cease to be assets and liabilities of DRDC and become assets and liabilities of Dairy Australia Limited without any conveyance, transfer or assignment.\n (3) Immediately after the conversion time, Dairy Australia Limited becomes DRDC’s successor in law in relation to the assets and liabilities.\n\n> Note: The effect of converting ADC into a Corporations Act company is not to create a new legal entity. The assets and liabilities of ADC immediately before the conversion time will remain assets and liabilities of Dairy Australia Limited immediately after that time.\n\n#### 16 Transfer of pending proceedings\n\n If any proceedings to which DRDC was a party:\n (a) were pending in any court or tribunal immediately before the conversion time; and\n (b) related, in whole or in part, to an asset or liability of DRDC;\n Dairy Australia Limited is, by force of this section, substituted for DRDC as a party to the proceedings to the extent to which the proceedings relate to the asset or liability.\n\n#### 17 Exemption from stamp duty etc.\n\n (1) No stamp duty or other tax is payable under a law of a State or Territory in respect of an exempt matter, or anything connected with an exempt matter.\n (2) The Minister may certify in writing:\n (a) that a specified matter is an exempt matter; or\n (b) that a specified thing was done in connection with a specified exempt matter.\n (3) In all courts, and for all purposes, a certificate under subsection (2) is evidence of the matter stated in the certificate.\n (4) In this section:\n\n> exempt matter means:\n\n (a) the transfer of an asset or a liability under section 15; or\n (b) the operation of this Division in any other respect.\n\n#### 18 References in certain instruments\n\n (1) This section applies to an instrument if:\n (a) it is in operation immediately before the conversion time; and\n (b) it is an instrument:\n (i) to which DRDC is a party; or\n (ii) which was given to, or in favour of, DRDC; or\n (iii) in which a reference is made to DRDC; or\n (iv) under which any right or liability accrues or may accrue to DRDC.\n (2) The instrument continues to have effect after the conversion time as if a reference in the instrument to DRDC were a reference to Dairy Australia Limited.\n (3) In this section:\n\n> instrument does not include regulations or any other instrument made under the Superannuation Act 1976 or the Superannuation Act 1990.\n\n#### 19 Certificates in relation to assets\n\n (1) This section applies if:\n (a) an asset vests in Dairy Australia Limited under this Division; and\n (b) there is lodged with an assets official a certificate that:\n (i) is signed by the Minister; and\n (ii) identifies the asset; and\n (iii) states that the asset has become vested in Dairy Australia Limited under this Division.\n (2) The assets official may:\n (a) deal with, and give effect to, the certificate as if it were a proper and appropriate instrument for transactions in relation to assets of that kind; and\n (b) make such entries in the register as are necessary having regard to the effect of this Division.\n (3) In this section:\n\n> assets official means the person or authority who, under a law of the Commonwealth, a State or a Territory, under a trust instrument or otherwise, has responsibility for keeping a register in relation to assets of the kind concerned.\n\n \n\n### Division 4—Transferring employees of dairy corporations\n\n#### Subdivision A—Preliminary\n\n#### 20 Transfer of staff\n\n At the conversion time, each employee of DRDC ceases to be employed by DRDC and is taken to have been engaged as an employee of Dairy Australia Limited.\n\n> Note: The effect of converting ADC into a Corporations Act company is not to create a new legal entity. The employees of ADC immediately before the conversion time will remain employees of Dairy Australia Limited immediately after that time.\n\n#### 21 Terms and conditions of transferring employees\n\n DRDC employees\n (1) A transferring DRDC employee is taken:\n (a) to have been engaged by Dairy Australia Limited on the same terms and conditions as those that applied to the person, immediately before the conversion time, as an employee of DRDC; and\n (b) to have accrued an entitlement to benefits, in connection with that engagement by Dairy Australia Limited, that is equivalent to the entitlement that the person had accrued, as an employee of DRDC, immediately before the conversion time.\n (2) The service of a transferring DRDC employee as an employee of Dairy Australia Limited is taken, for all purposes, to be continuous with his or her service as an employee of DRDC.\n (3) Except as provided by this Division, a transferring DRDC employee is not entitled to receive any payment or other benefit merely because of the operation of this Division.\n ADC employees\n (4) Except as provided by this Division, a transferring ADC employee is not entitled to receive any payment or other benefit merely because of the operation of this Part.\n Other\n (5) This section:\n (a) has effect subject to this Division; and\n (b) is not to be taken to be a law of the Commonwealth for the purposes of paragraph 170XA(2)(b) of the Workplace Relations Act 1996, as in force immediately before the reform commencement within the meaning given by that Act.\n\n#### 22 Variation of terms and conditions of employment\n\n (1) This Part does not prevent the terms and conditions of a transferring ADC employee’s employment, or a transferring DRDC employee’s employment, after the conversion time from being varied:\n (a) in accordance with those terms and conditions; or\n (b) by or under a law, award, determination or agreement.\n (2) In this section:\n\n> law means:\n\n (a) a law of the Commonwealth or of a State or Territory; or\n (b) regulations or any other instrument (other than an award, determination or industrial agreement) made under such a law.\n\n> vary, in relation to terms and conditions, includes:\n\n (a) omitting any of those terms and conditions; or\n (b) adding to those terms and conditions; or\n (c) substituting new terms or conditions for any of those terms and conditions.\n\n#### Subdivision B—Application of the Safety, Rehabilitation and Compensation Act\n\n#### 23 Expressions defined in SRC Act\n\n Expressions that are defined in the SRC Act and used in this Subdivision have the same meanings as in that Act.\n\n#### 24 Continued application of SRC Act\n\n The SRC Act continues to apply after the conversion time in relation to:\n (a) injuries suffered before that time by a transferring employee; and\n (b) loss of, or damage to, property incurred before that time by a transferring employee.\n\n#### 25 Commonwealth liability to meet certain SRC Act liabilities\n\n After the conversion time, the Commonwealth:\n (a) is liable to pay the liabilities of ADC under section 128A of the SRC Act; and\n (b) subject to section 26 of this Act, is taken to have been the employer of the transferring ADC employees before the conversion time for the purposes of the application of the SRC Act in relation to those liabilities.\n\n#### 26 SRC Act: rehabilitation provisions\n\n (1) If a transferring employee had, before the conversion time, suffered an injury resulting in an incapacity for work or an impairment, Dairy Australia Limited must, after that time, provide such reasonable co‑operation and assistance as the Commonwealth requires to enable the Commonwealth to fulfil its obligations under sections 36, 37, 38, 39, 41 and 41A of the SRC Act in relation to the transferring employee.\n (2) After the conversion time, Dairy Australia Limited is, for the purposes of section 40 of the SRC Act, taken to be the relevant employer of each transferring employee.\n (3) After the conversion time, Dairy Australia Limited is, for the purposes of applying section 71 of the SRC Act in relation to each transferring employee, taken to be a Commonwealth authority.\n\n#### 27 Premiums under the SRC Act\n\n (1) Comcare must, as soon as practicable after the conversion time, determine the amount (if any) by which the premium for ADC and DRDC for the transitional financial year should be reduced.\n (2) If:\n (a) an amount equal to the premium for ADC or DRDC for the transitional financial year has been paid under Division 4A of Part VII of the SRC Act; and\n (b) the amount of the premium is reduced as a result of a determination under subsection (1);\n the Secretary of the Department may, in writing, direct that an amount equal to the refund amount, or amounts that together add up to the refund amount, be paid to Dairy Australia Limited in accordance with the direction.\n (3) A direction by the Secretary of the Department may be given subject to such conditions (if any) about the use or expenditure of the amount or amounts to which it relates as are set out in the direction.\n (4) If the Secretary of the Department gives a direction, the amount or amounts to which it relates are payable to Dairy Australia Limited out of the Consolidated Revenue Fund, which is appropriated accordingly.\n (5) The payment of an amount under subsection (4) must be made in accordance with the direction, and is subject to the conditions (if any) set out in the direction.\n (6) A copy of each direction must be published in the Gazette within 14 days after the direction is given.\n (7) The direction is not invalid merely because it has not been published as required under subsection (6).\n (8) In this section:\n\n> refund amount means the amount equal to the difference between the amount of premium for ADC or DRDC for the transitional financial year and the amount of that premium as reduced because of a determination under subsection (1).\n\n> transitional financial year means the financial year in which the conversion time occurs.\n\n#### Subdivision C—Maternity leave provisions\n\n#### 28 Maternity leave starting before conversion time\n\n (1) This section applies in relation to a transferring employee if:\n (a) immediately before the conversion time, the employee was a female employee of ADC or DRDC who was on leave granted under the Maternity Leave Act; and\n (b) the employee would have been entitled to have remained on that leave after the conversion time if the employee had continued to be an employee of ADC or DRDC.\n (2) After the conversion time, the Maternity Leave Act continues to apply to the employee in relation to the confinement in respect of which the leave was granted as if Dairy Australia Limited were a prescribed authority for the purposes of that Act.\n\n#### 29 Maternity leave starting after conversion time\n\n (1) This section applies in relation to a transferring employee if:\n (a) immediately before the conversion time, the person was a female employee of ADC or DRDC; and\n (b) within 9 months after the conversion time, the employee would have been entitled to start leave granted under the Maternity Leave Act if the employee had continued to be an employee of ADC or DRDC.\n (2) After the conversion time, the Maternity Leave Act continues to apply to the employee in relation to the confinement in respect of which she would have been entitled to leave as if Dairy Australia Limited were a prescribed authority for the purposes of that Act.\n\n#### Subdivision D—Provisions relating to superannuation\n\n#### 30 Application of Superannuation Acts\n\n Dairy Australia Limited is not an approved authority for the purposes of the Superannuation Act 1976 or the Superannuation Act 1990.\n\n#### 31 Application of the Superannuation Benefits (Supervisory Mechanisms) Act 1990\n\n (1) The Minister must not declare Dairy Australia Limited to be a relevant body for the purposes of the Superannuation Benefits (Supervisory Mechanisms) Act 1990.\n (2) In this section:\n\n> Minister has the same meaning as in the Superannuation Benefits (Supervisory Mechanisms) Act 1990.\n\n#### Subdivision E—Provisions relating to long service leave\n\n#### 32 Expressions defined in Long Service Leave Act\n\n Expressions that are defined in the Long Service Leave Act and used in this Subdivision have the same meanings as in that Act.\n\n#### 33 Long service leave for employees with less than 10 years service\n\n (1) This section applies in relation to a transferring employee whose period of service for the purposes of the Long Service Leave Act immediately before the conversion time was less than 10 years.\n (2) This section does not apply in relation to an employee who dies.\n (3) If the employee continues to be employed by Dairy Australia Limited until his or her combined service period is at least 10 years, Dairy Australia Limited may grant the employee long service leave on full salary for a period up to the employee’s long service leave credit under subsection 36(1).\n (4) If:\n (a) the employee stops being an employee of Dairy Australia Limited on or after reaching the minimum retiring age, or because of retrenchment; and\n (b) the employee’s combined service period at the time when he or she stops being an employee of Dairy Australia Limited is at least one year;\n Dairy Australia Limited may grant the employee long service leave on full salary for a period up to the employee’s long service leave credit under subsection 36(1).\n (5) If a period of long service leave may be granted to an employee under subsection (3) or (4), Dairy Australia Limited may, if the employee asks in writing, grant the employee long service leave on half salary for a period not longer than twice the first‑mentioned period.\n (6) Long service leave granted in the circumstances set out in subsection (4) must be taken so as to end immediately before the employee stops being an employee.\n (7) For the purposes of this section, the rate of salary to be used in working out the full salary of an employee is the rate that would apply to the employee under section 20 of the Long Service Leave Act if:\n (a) that section applied to the employee; and\n (b) for the expression “section 16 or 17” in that section there were substituted the expression “section 33 of the Dairy Industry Service Reform Act 2003”.\n\n#### 34 Payments in lieu of long service leave for employees with less than 10 years service\n\n (1) This section applies to a transferring employee whose period of service for the purposes of the Long Service Leave Act immediately before the conversion time was less than 10 years.\n (2) This section does not apply in relation to an employee who dies.\n (3) If the employee stops being an employee of Dairy Australia Limited on or after the day on which his or her combined service period reaches 10 years, Dairy Australia Limited must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 36(2).\n (4) If:\n (a) the employee stops being an employee of Dairy Australia Limited, on or after reaching the minimum retiring age, or because of retrenchment; and\n (b) at that time the employee’s combined service period is at least one year;\n Dairy Australia Limited must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 36(2).\n (5) If:\n (a) the employee stops being an employee of Dairy Australia Limited; and\n (b) Dairy Australia Limited is satisfied that the employee left Dairy Australia Limited’s employment because of ill‑health that justified his or her so leaving; and\n (c) when the employee left, his or her combined service period was at least one year;\n Dairy Australia Limited must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 36(2).\n (6) For the purposes of this section, the rate of salary to be used in working out the full salary of an employee is the rate that would apply to the employee under section 21 of the Long Service Leave Act if:\n (a) that section applied to the employee; and\n (b) for the expression “sections 16 and 17” in that section there were substituted the expression “section 34 of the Dairy Industry Service Reform Act 2003”.\n\n#### 35 Payments on the death of an employee\n\n (1) This section applies to a transferring employee whose period of service for the purposes of the Long Service Leave Act immediately before the conversion time was less than 10 years.\n (2) If the employee dies after the conversion time and immediately before his or her death:\n (a) the employee was an employee of Dairy Australia Limited; and\n (b) the employee’s combined service period was at least one year; and\n (c) the employee had one or more dependants;\n Dairy Australia Limited must make a payment to the dependant or dependants.\n (3) The total amount of the payment or payments is the amount that would have been payable to the person under section 34 if, on the day of his or her death, the person had instead stopped being an employee of Dairy Australia Limited on or after reaching the minimum retiring age.\n (4) If subsection (2) applies, section 23 of the Long Service Leave Act has effect as if:\n (a) that section applied to an employee of Dairy Australia Limited; and\n (b) a reference in that section to the approving authority were a reference to Dairy Australia Limited; and\n (c) for the expression “this Act” in that section there were substituted the expression “section 35 of the Dairy Industry Service Reform Act 2003”; and\n (d) for the expression “subsection 16(7) or 17(5)” there were substituted the expression “section 35 of the Dairy Industry Service Reform Act 2003”.\n\n#### 36 Employee’s long service leave credit for the purposes of sections 33 and 34\n\n (1) For the purposes of section 33, an employee’s long service leave credit is equal to the long service leave credit that the employee would have under the Long Service Leave Act for the period:\n (a) beginning when the employee began his or her period of service; and\n (b) ending at the conversion time;\n if the employee had been retrenched at the conversion time.\n (2) For the purposes of section 34, an employee’s long service leave credit is the employee’s long service leave credit worked out under subsection (1) of this section reduced by any long service leave credit used under section 33.\n\n#### 37 Employees with at least 10 years service\n\n (1) This section applies to a transferring employee whose period of service for the purposes of the Long Service Leave Act immediately before the conversion time was at least 10 years.\n (2) Even though the employee ceases to be employed in Government Service for the purposes of the Long Service Leave Act, the employee’s accrued rights under that Act continue. However, the employee is not entitled to receive any payment because he or she ceases to be in Government Service.\n (3) The Long Service Leave Act has effect after the conversion time in relation to the employee’s rights under that Act that accrued before the conversion time, as if Dairy Australia Limited were an approving authority for the purposes of that Act.\n\n#### 38 Division not to affect post‑commencement long service leave rights\n\n (1) This Division does not affect an employee’s post‑commencement long service leave rights.\n (2) In this section:\n\n> law means:\n\n (a) a law of the Commonwealth or of a State or Territory; or\n (b) regulations or any other instrument (other than an award, determination or industrial agreement) made under such a law.\n\n> post‑commencement long service leave rights means any long service leave rights the employee acquires after the conversion time under an award, determination, industrial agreement or law (other than this Act).\n\n \n\n### Division 5—Other provisions\n\n#### 39 Operation of Archives Act\n\n (1) This Part does not authorise a Commonwealth record (within the meaning of the Archives Act 1983) to be transferred or otherwise dealt with except in accordance with the provisions of that Act.\n (2) A Commonwealth record (within the meaning of the Archives Act 1983) must not be transferred to a person under this Part unless the National Archives of Australia has given permission under paragraph 24(2)(b) of that Act.\n\n#### 40 Certificates etc. taken to be authentic etc.\n\n A document that appears to be a certificate or other document made or issued under this Part:\n (a) is taken to be such a certificate or other document; and\n (b) is taken to have been properly given;\n unless the contrary is established.\n\n \n\n## Part 4—Other provisions\n\n#### 41 Delegation\n\n (1) The Minister may, by writing, delegate all or any of his or her powers and functions under this Act to:\n (a) the Secretary of the Department; or\n (b) an SES employee, or acting SES employee, in the Department.\n (2) In exercising powers or functions under a delegation, the delegate must comply with any directions of the Minister.\n\n#### 42 Compensation for acquisition of property\n\n (1) If:\n (a) apart from this section, the operation of this Act would result in the acquisition of property from a person otherwise than on just terms; and\n (b) the acquisition would be invalid because of paragraph 51(xxxi) of the Constitution;\n the Commonwealth is liable to pay the person a reasonable amount of compensation in respect of the acquisition.\n (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n (3) In this section:\n\n> acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\n> just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\n#### 43 Regulations\n\n (1) The Governor‑General may make regulations prescribing matters:\n (a) required or permitted by this Act to be prescribed; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n (2) In particular, regulations may be made prescribing matters of a transitional nature (including prescribing any saving or application provisions) arising from:\n (a) the amendments or repeals made by this Act; and\n (b) the enactment of this Act.","sortOrder":19},{"sectionNumber":"15","sectionType":"section","heading":"Transfer of assets and liabilities","content":"#### 15 Transfer of assets and liabilities\n\n (1) This section applies to:\n (a) the assets of DRDC; and\n (b) the liabilities of DRDC.\n (2) At the conversion time, the assets and liabilities cease to be assets and liabilities of DRDC and become assets and liabilities of Dairy Australia Limited without any conveyance, transfer or assignment.\n (3) Immediately after the conversion time, Dairy Australia Limited becomes DRDC’s successor in law in relation to the assets and liabilities.\n\n> Note: The effect of converting ADC into a Corporations Act company is not to create a new legal entity. The assets and liabilities of ADC immediately before the conversion time will remain assets and liabilities of Dairy Australia Limited immediately after that time.","sortOrder":20},{"sectionNumber":"16","sectionType":"section","heading":"Transfer of pending proceedings","content":"#### 16 Transfer of pending proceedings\n\n If any proceedings to which DRDC was a party:\n (a) were pending in any court or tribunal immediately before the conversion time; and\n (b) related, in whole or in part, to an asset or liability of DRDC;\n Dairy Australia Limited is, by force of this section, substituted for DRDC as a party to the proceedings to the extent to which the proceedings relate to the asset or liability.","sortOrder":21},{"sectionNumber":"17","sectionType":"section","heading":"Exemption from stamp duty etc.","content":"#### 17 Exemption from stamp duty etc.\n\n (1) No stamp duty or other tax is payable under a law of a State or Territory in respect of an exempt matter, or anything connected with an exempt matter.\n (2) The Minister may certify in writing:\n (a) that a specified matter is an exempt matter; or\n (b) that a specified thing was done in connection with a specified exempt matter.\n (3) In all courts, and for all purposes, a certificate under subsection (2) is evidence of the matter stated in the certificate.\n (4) In this section:\n\n> exempt matter means:\n\n (a) the transfer of an asset or a liability under section 15; or\n (b) the operation of this Division in any other respect.","sortOrder":22},{"sectionNumber":"18","sectionType":"section","heading":"References in certain instruments","content":"#### 18 References in certain instruments\n\n (1) This section applies to an instrument if:\n (a) it is in operation immediately before the conversion time; and\n (b) it is an instrument:\n (i) to which DRDC is a party; or\n (ii) which was given to, or in favour of, DRDC; or\n (iii) in which a reference is made to DRDC; or\n (iv) under which any right or liability accrues or may accrue to DRDC.\n (2) The instrument continues to have effect after the conversion time as if a reference in the instrument to DRDC were a reference to Dairy Australia Limited.\n (3) In this section:\n\n> instrument does not include regulations or any other instrument made under the Superannuation Act 1976 or the Superannuation Act 1990.","sortOrder":23},{"sectionNumber":"19","sectionType":"section","heading":"Certificates in relation to assets","content":"#### 19 Certificates in relation to assets\n\n (1) This section applies if:\n (a) an asset vests in Dairy Australia Limited under this Division; and\n (b) there is lodged with an assets official a certificate that:\n (i) is signed by the Minister; and\n (ii) identifies the asset; and\n (iii) states that the asset has become vested in Dairy Australia Limited under this Division.\n (2) The assets official may:\n (a) deal with, and give effect to, the certificate as if it were a proper and appropriate instrument for transactions in relation to assets of that kind; and\n (b) make such entries in the register as are necessary having regard to the effect of this Division.\n (3) In this section:\n\n> assets official means the person or authority who, under a law of the Commonwealth, a State or a Territory, under a trust instrument or otherwise, has responsibility for keeping a register in relation to assets of the kind concerned.","sortOrder":24},{"sectionNumber":"Division 4","sectionType":"division","heading":"Transferring employees of dairy corporations","content":"An Act relating to the dairy industry, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title \\[see Note 1\\]\n\n This Act may be cited as the Dairy Industry Service Reform Act 2003.\n\n#### 2 Commencement \\[see Note 1\\]\n\n (1) 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.\n\n```html\n

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
(s 2(1), Gazette 2003, S228)

\n```\n\n> Note: 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.\n\n (2) 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.\n\n#### 3 Schedule(s)\n\n 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.\n\n#### 4 Crown to be bound\n\n This Act binds the Crown in all its capacities.\n\n#### 5 External Territories\n\n This Act extends to all the external Territories.\n\n#### 6 Extraterritorial operation\n\n This Act applies both within and outside Australia.\n\n \n\n## Part 2—Provision of levy information to the Australian Dairy Corporation\n\n#### 7 Provision of levy information to the Australian Dairy Corporation\n\n Provision of information\n (1) 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.\n (2) A first purchaser must comply with a notice under subsection (1).\n Use or disclosure of information\n (3) The Australian Dairy Corporation may use or disclose information about producers provided to it under this section for any of the following purposes:\n (a) to inform the producers about the amendments to be made by this Act;\n (b) to make the producers aware of their eligibility to become a member of Dairy Australia Limited;\n (c) to invite the producers to make applications to the Corporation to become such a member;\n (d) to develop a list of those producers eligible to become such a member.\n Definitions\n (4) In this section:\n\n> ABN has the meaning given by section 41 of the A New Tax System (Australian Business Number) Act 1999.\n\n> first purchaser has the same meaning as in the Primary Industries Levies and Charges Collection Act 1991.\n\n> producer has the same meaning as in the Primary Industries Levies and Charges Collection Act 1991.\n\n> relevant dairy produce has the same meaning as in the Primary Industries (Excise) Levies Act 1999.\n\n \n\n## Part 3—Privatisation of dairy corporations\n\n### Division 1—Definitions\n\n#### 8 Definitions\n\n In this Part, unless the contrary intention appears:\n\n> ADC means the Australian Dairy Corporation as in existence before the conversion time.\n\n> ASIC means the Australian Securities and Investments Commission.\n\n> asset means:\n\n (a) any legal or equitable estate or interest in real or personal property, whether actual, contingent or prospective; and\n (b) any right, power, privilege or immunity, whether actual, contingent or prospective.\n\n> combined service period, in relation to a transferring employee, means the total of:\n\n (a) 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\n (b) the period during which the employee continues to be an employee of Dairy Australia Limited.\n\n> commencing time means the beginning of the day on which this Act receives the Royal Assent.\n\n> conversion time means the time when Schedule 1 commences.\n\n> Dairy Australia Limited means ADC, after it is registered under the Corporations Act 2001 as mentioned in section 11 of this Act.\n\n> DRDC means the Dairy Research and Development Corporation as in existence before the conversion time.\n\n> employee, in relation to DRDC, means a person who is an officer or employee of DRDC immediately before the conversion time.\n\n> liability means any liability, duty or obligation, whether actual, contingent or prospective.\n\n> Long Service Leave Act means the Long Service Leave (Commonwealth Employees) Act 1976, as in force immediately before the conversion time.\n\n> Maternity Leave Act means the Maternity Leave (Commonwealth Employees) Act 1973, as in force immediately before the conversion time.\n\n> 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.\n\n> SRC Act means the Safety, Rehabilitation and Compensation Act 1988, as in force immediately before the conversion time.\n\n> transferring ADC employee means a person who is an officer or employee of ADC immediately before the conversion time.\n\n> transferring DRDC employee means a person who is taken to have been engaged as an employee of Dairy Australia Limited under section 20.\n\n> transferring employee means a transferring ADC employee or a transferring DRDC employee.\n\n \n\n### Division 2—Registration of the Australian Dairy Corporation as a Corporations Act company\n\n#### 9 Application for registration\n\n Application\n (1) 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.\n (2) ADC is hereby authorised to make the application.\n Directors\n (3) 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.\n Constitution\n (4) 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.\n\n#### 10 Funding contract before registration\n\n (1) During the period beginning at the commencing time and ending immediately before the conversion time:\n (a) the Minister, on behalf of the Commonwealth; and\n (b) at least 3 of the proposed directors, on behalf of Dairy Australia Limited;\n 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.\n (2) If such a contract is entered into, then, at the conversion time:\n (a) the Commonwealth and Dairy Australia Limited are taken to have entered into the contract under section 5 of the Dairy Produce Act 1986; and\n (b) Dairy Australia Limited becomes bound by the contract and entitled to its benefit.\n\n> Note: 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.\n\n#### 11 Registration as a company under the Corporations Act\n\n (1) At the conversion time, ASIC is taken to have registered ADC under section 601BD of the Corporations Act 2001:\n (a) as a company limited by guarantee; and\n (b) with the name “Dairy Australia Limited”.\n\n> Note: 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.\n\n (2) 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.\n\n#### 12 Operation of the Corporations Act after conversion time\n\n Nothing in this Part prevents, after the conversion time:\n (a) a change in the name of Dairy Australia Limited; or\n (b) a change in the structure, constitution or membership of Dairy Australia Limited.\n\n#### 13 Accounting records\n\n For the purposes of the Corporations Act 2001:\n (a) the accounting records kept by ADC before the conversion time under section 20 of the Commonwealth Authorities and Companies Act 1997 are to be treated as financial records of Dairy Australia Limited; and\n (b) an annual report and financial statements prepared in relation to a financial year by ADC under section 9 of the Commonwealth Authorities and Companies Act 1997 are to be treated as a financial report of Dairy Australia Limited for that financial year.\n\n#### 14 Dairy Australia Limited not to be a Commonwealth authority etc.\n\n (1) After the conversion time, Dairy Australia Limited is not taken, for the purposes of a law, to be:\n (a) a Commonwealth authority; or\n (b) established for a public purpose or for a purpose of the Commonwealth; or\n (c) a public authority or an agency or instrumentality of the Crown;\n (within the ordinary meaning of the expression concerned) unless a law expressly provides otherwise.\n (2) In this section:\n\n> law means:\n\n (a) an Act of the Commonwealth or of a State or Territory; or\n (b) regulations or any other instrument made under such an Act.\n\n \n\n### Division 3—Transfer of assets and liabilities of the Dairy Research and Development Corporation\n\n#### 15 Transfer of assets and liabilities\n\n (1) This section applies to:\n (a) the assets of DRDC; and\n (b) the liabilities of DRDC.\n (2) At the conversion time, the assets and liabilities cease to be assets and liabilities of DRDC and become assets and liabilities of Dairy Australia Limited without any conveyance, transfer or assignment.\n (3) Immediately after the conversion time, Dairy Australia Limited becomes DRDC’s successor in law in relation to the assets and liabilities.\n\n> Note: The effect of converting ADC into a Corporations Act company is not to create a new legal entity. The assets and liabilities of ADC immediately before the conversion time will remain assets and liabilities of Dairy Australia Limited immediately after that time.\n\n#### 16 Transfer of pending proceedings\n\n If any proceedings to which DRDC was a party:\n (a) were pending in any court or tribunal immediately before the conversion time; and\n (b) related, in whole or in part, to an asset or liability of DRDC;\n Dairy Australia Limited is, by force of this section, substituted for DRDC as a party to the proceedings to the extent to which the proceedings relate to the asset or liability.\n\n#### 17 Exemption from stamp duty etc.\n\n (1) No stamp duty or other tax is payable under a law of a State or Territory in respect of an exempt matter, or anything connected with an exempt matter.\n (2) The Minister may certify in writing:\n (a) that a specified matter is an exempt matter; or\n (b) that a specified thing was done in connection with a specified exempt matter.\n (3) In all courts, and for all purposes, a certificate under subsection (2) is evidence of the matter stated in the certificate.\n (4) In this section:\n\n> exempt matter means:\n\n (a) the transfer of an asset or a liability under section 15; or\n (b) the operation of this Division in any other respect.\n\n#### 18 References in certain instruments\n\n (1) This section applies to an instrument if:\n (a) it is in operation immediately before the conversion time; and\n (b) it is an instrument:\n (i) to which DRDC is a party; or\n (ii) which was given to, or in favour of, DRDC; or\n (iii) in which a reference is made to DRDC; or\n (iv) under which any right or liability accrues or may accrue to DRDC.\n (2) The instrument continues to have effect after the conversion time as if a reference in the instrument to DRDC were a reference to Dairy Australia Limited.\n (3) In this section:\n\n> instrument does not include regulations or any other instrument made under the Superannuation Act 1976 or the Superannuation Act 1990.\n\n#### 19 Certificates in relation to assets\n\n (1) This section applies if:\n (a) an asset vests in Dairy Australia Limited under this Division; and\n (b) there is lodged with an assets official a certificate that:\n (i) is signed by the Minister; and\n (ii) identifies the asset; and\n (iii) states that the asset has become vested in Dairy Australia Limited under this Division.\n (2) The assets official may:\n (a) deal with, and give effect to, the certificate as if it were a proper and appropriate instrument for transactions in relation to assets of that kind; and\n (b) make such entries in the register as are necessary having regard to the effect of this Division.\n (3) In this section:\n\n> assets official means the person or authority who, under a law of the Commonwealth, a State or a Territory, under a trust instrument or otherwise, has responsibility for keeping a register in relation to assets of the kind concerned.\n\n \n\n### Division 4—Transferring employees of dairy corporations\n\n#### Subdivision A—Preliminary\n\n#### 20 Transfer of staff\n\n At the conversion time, each employee of DRDC ceases to be employed by DRDC and is taken to have been engaged as an employee of Dairy Australia Limited.\n\n> Note: The effect of converting ADC into a Corporations Act company is not to create a new legal entity. The employees of ADC immediately before the conversion time will remain employees of Dairy Australia Limited immediately after that time.\n\n#### 21 Terms and conditions of transferring employees\n\n DRDC employees\n (1) A transferring DRDC employee is taken:\n (a) to have been engaged by Dairy Australia Limited on the same terms and conditions as those that applied to the person, immediately before the conversion time, as an employee of DRDC; and\n (b) to have accrued an entitlement to benefits, in connection with that engagement by Dairy Australia Limited, that is equivalent to the entitlement that the person had accrued, as an employee of DRDC, immediately before the conversion time.\n (2) The service of a transferring DRDC employee as an employee of Dairy Australia Limited is taken, for all purposes, to be continuous with his or her service as an employee of DRDC.\n (3) Except as provided by this Division, a transferring DRDC employee is not entitled to receive any payment or other benefit merely because of the operation of this Division.\n ADC employees\n (4) Except as provided by this Division, a transferring ADC employee is not entitled to receive any payment or other benefit merely because of the operation of this Part.\n Other\n (5) This section:\n (a) has effect subject to this Division; and\n (b) is not to be taken to be a law of the Commonwealth for the purposes of paragraph 170XA(2)(b) of the Workplace Relations Act 1996, as in force immediately before the reform commencement within the meaning given by that Act.\n\n#### 22 Variation of terms and conditions of employment\n\n (1) This Part does not prevent the terms and conditions of a transferring ADC employee’s employment, or a transferring DRDC employee’s employment, after the conversion time from being varied:\n (a) in accordance with those terms and conditions; or\n (b) by or under a law, award, determination or agreement.\n (2) In this section:\n\n> law means:\n\n (a) a law of the Commonwealth or of a State or Territory; or\n (b) regulations or any other instrument (other than an award, determination or industrial agreement) made under such a law.\n\n> vary, in relation to terms and conditions, includes:\n\n (a) omitting any of those terms and conditions; or\n (b) adding to those terms and conditions; or\n (c) substituting new terms or conditions for any of those terms and conditions.\n\n#### Subdivision B—Application of the Safety, Rehabilitation and Compensation Act\n\n#### 23 Expressions defined in SRC Act\n\n Expressions that are defined in the SRC Act and used in this Subdivision have the same meanings as in that Act.\n\n#### 24 Continued application of SRC Act\n\n The SRC Act continues to apply after the conversion time in relation to:\n (a) injuries suffered before that time by a transferring employee; and\n (b) loss of, or damage to, property incurred before that time by a transferring employee.\n\n#### 25 Commonwealth liability to meet certain SRC Act liabilities\n\n After the conversion time, the Commonwealth:\n (a) is liable to pay the liabilities of ADC under section 128A of the SRC Act; and\n (b) subject to section 26 of this Act, is taken to have been the employer of the transferring ADC employees before the conversion time for the purposes of the application of the SRC Act in relation to those liabilities.\n\n#### 26 SRC Act: rehabilitation provisions\n\n (1) If a transferring employee had, before the conversion time, suffered an injury resulting in an incapacity for work or an impairment, Dairy Australia Limited must, after that time, provide such reasonable co‑operation and assistance as the Commonwealth requires to enable the Commonwealth to fulfil its obligations under sections 36, 37, 38, 39, 41 and 41A of the SRC Act in relation to the transferring employee.\n (2) After the conversion time, Dairy Australia Limited is, for the purposes of section 40 of the SRC Act, taken to be the relevant employer of each transferring employee.\n (3) After the conversion time, Dairy Australia Limited is, for the purposes of applying section 71 of the SRC Act in relation to each transferring employee, taken to be a Commonwealth authority.\n\n#### 27 Premiums under the SRC Act\n\n (1) Comcare must, as soon as practicable after the conversion time, determine the amount (if any) by which the premium for ADC and DRDC for the transitional financial year should be reduced.\n (2) If:\n (a) an amount equal to the premium for ADC or DRDC for the transitional financial year has been paid under Division 4A of Part VII of the SRC Act; and\n (b) the amount of the premium is reduced as a result of a determination under subsection (1);\n the Secretary of the Department may, in writing, direct that an amount equal to the refund amount, or amounts that together add up to the refund amount, be paid to Dairy Australia Limited in accordance with the direction.\n (3) A direction by the Secretary of the Department may be given subject to such conditions (if any) about the use or expenditure of the amount or amounts to which it relates as are set out in the direction.\n (4) If the Secretary of the Department gives a direction, the amount or amounts to which it relates are payable to Dairy Australia Limited out of the Consolidated Revenue Fund, which is appropriated accordingly.\n (5) The payment of an amount under subsection (4) must be made in accordance with the direction, and is subject to the conditions (if any) set out in the direction.\n (6) A copy of each direction must be published in the Gazette within 14 days after the direction is given.\n (7) The direction is not invalid merely because it has not been published as required under subsection (6).\n (8) In this section:\n\n> refund amount means the amount equal to the difference between the amount of premium for ADC or DRDC for the transitional financial year and the amount of that premium as reduced because of a determination under subsection (1).\n\n> transitional financial year means the financial year in which the conversion time occurs.\n\n#### Subdivision C—Maternity leave provisions\n\n#### 28 Maternity leave starting before conversion time\n\n (1) This section applies in relation to a transferring employee if:\n (a) immediately before the conversion time, the employee was a female employee of ADC or DRDC who was on leave granted under the Maternity Leave Act; and\n (b) the employee would have been entitled to have remained on that leave after the conversion time if the employee had continued to be an employee of ADC or DRDC.\n (2) After the conversion time, the Maternity Leave Act continues to apply to the employee in relation to the confinement in respect of which the leave was granted as if Dairy Australia Limited were a prescribed authority for the purposes of that Act.\n\n#### 29 Maternity leave starting after conversion time\n\n (1) This section applies in relation to a transferring employee if:\n (a) immediately before the conversion time, the person was a female employee of ADC or DRDC; and\n (b) within 9 months after the conversion time, the employee would have been entitled to start leave granted under the Maternity Leave Act if the employee had continued to be an employee of ADC or DRDC.\n (2) After the conversion time, the Maternity Leave Act continues to apply to the employee in relation to the confinement in respect of which she would have been entitled to leave as if Dairy Australia Limited were a prescribed authority for the purposes of that Act.\n\n#### Subdivision D—Provisions relating to superannuation\n\n#### 30 Application of Superannuation Acts\n\n Dairy Australia Limited is not an approved authority for the purposes of the Superannuation Act 1976 or the Superannuation Act 1990.\n\n#### 31 Application of the Superannuation Benefits (Supervisory Mechanisms) Act 1990\n\n (1) The Minister must not declare Dairy Australia Limited to be a relevant body for the purposes of the Superannuation Benefits (Supervisory Mechanisms) Act 1990.\n (2) In this section:\n\n> Minister has the same meaning as in the Superannuation Benefits (Supervisory Mechanisms) Act 1990.\n\n#### Subdivision E—Provisions relating to long service leave\n\n#### 32 Expressions defined in Long Service Leave Act\n\n Expressions that are defined in the Long Service Leave Act and used in this Subdivision have the same meanings as in that Act.\n\n#### 33 Long service leave for employees with less than 10 years service\n\n (1) This section applies in relation to a transferring employee whose period of service for the purposes of the Long Service Leave Act immediately before the conversion time was less than 10 years.\n (2) This section does not apply in relation to an employee who dies.\n (3) If the employee continues to be employed by Dairy Australia Limited until his or her combined service period is at least 10 years, Dairy Australia Limited may grant the employee long service leave on full salary for a period up to the employee’s long service leave credit under subsection 36(1).\n (4) If:\n (a) the employee stops being an employee of Dairy Australia Limited on or after reaching the minimum retiring age, or because of retrenchment; and\n (b) the employee’s combined service period at the time when he or she stops being an employee of Dairy Australia Limited is at least one year;\n Dairy Australia Limited may grant the employee long service leave on full salary for a period up to the employee’s long service leave credit under subsection 36(1).\n (5) If a period of long service leave may be granted to an employee under subsection (3) or (4), Dairy Australia Limited may, if the employee asks in writing, grant the employee long service leave on half salary for a period not longer than twice the first‑mentioned period.\n (6) Long service leave granted in the circumstances set out in subsection (4) must be taken so as to end immediately before the employee stops being an employee.\n (7) For the purposes of this section, the rate of salary to be used in working out the full salary of an employee is the rate that would apply to the employee under section 20 of the Long Service Leave Act if:\n (a) that section applied to the employee; and\n (b) for the expression “section 16 or 17” in that section there were substituted the expression “section 33 of the Dairy Industry Service Reform Act 2003”.\n\n#### 34 Payments in lieu of long service leave for employees with less than 10 years service\n\n (1) This section applies to a transferring employee whose period of service for the purposes of the Long Service Leave Act immediately before the conversion time was less than 10 years.\n (2) This section does not apply in relation to an employee who dies.\n (3) If the employee stops being an employee of Dairy Australia Limited on or after the day on which his or her combined service period reaches 10 years, Dairy Australia Limited must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 36(2).\n (4) If:\n (a) the employee stops being an employee of Dairy Australia Limited, on or after reaching the minimum retiring age, or because of retrenchment; and\n (b) at that time the employee’s combined service period is at least one year;\n Dairy Australia Limited must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 36(2).\n (5) If:\n (a) the employee stops being an employee of Dairy Australia Limited; and\n (b) Dairy Australia Limited is satisfied that the employee left Dairy Australia Limited’s employment because of ill‑health that justified his or her so leaving; and\n (c) when the employee left, his or her combined service period was at least one year;\n Dairy Australia Limited must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 36(2).\n (6) For the purposes of this section, the rate of salary to be used in working out the full salary of an employee is the rate that would apply to the employee under section 21 of the Long Service Leave Act if:\n (a) that section applied to the employee; and\n (b) for the expression “sections 16 and 17” in that section there were substituted the expression “section 34 of the Dairy Industry Service Reform Act 2003”.\n\n#### 35 Payments on the death of an employee\n\n (1) This section applies to a transferring employee whose period of service for the purposes of the Long Service Leave Act immediately before the conversion time was less than 10 years.\n (2) If the employee dies after the conversion time and immediately before his or her death:\n (a) the employee was an employee of Dairy Australia Limited; and\n (b) the employee’s combined service period was at least one year; and\n (c) the employee had one or more dependants;\n Dairy Australia Limited must make a payment to the dependant or dependants.\n (3) The total amount of the payment or payments is the amount that would have been payable to the person under section 34 if, on the day of his or her death, the person had instead stopped being an employee of Dairy Australia Limited on or after reaching the minimum retiring age.\n (4) If subsection (2) applies, section 23 of the Long Service Leave Act has effect as if:\n (a) that section applied to an employee of Dairy Australia Limited; and\n (b) a reference in that section to the approving authority were a reference to Dairy Australia Limited; and\n (c) for the expression “this Act” in that section there were substituted the expression “section 35 of the Dairy Industry Service Reform Act 2003”; and\n (d) for the expression “subsection 16(7) or 17(5)” there were substituted the expression “section 35 of the Dairy Industry Service Reform Act 2003”.\n\n#### 36 Employee’s long service leave credit for the purposes of sections 33 and 34\n\n (1) For the purposes of section 33, an employee’s long service leave credit is equal to the long service leave credit that the employee would have under the Long Service Leave Act for the period:\n (a) beginning when the employee began his or her period of service; and\n (b) ending at the conversion time;\n if the employee had been retrenched at the conversion time.\n (2) For the purposes of section 34, an employee’s long service leave credit is the employee’s long service leave credit worked out under subsection (1) of this section reduced by any long service leave credit used under section 33.\n\n#### 37 Employees with at least 10 years service\n\n (1) This section applies to a transferring employee whose period of service for the purposes of the Long Service Leave Act immediately before the conversion time was at least 10 years.\n (2) Even though the employee ceases to be employed in Government Service for the purposes of the Long Service Leave Act, the employee’s accrued rights under that Act continue. However, the employee is not entitled to receive any payment because he or she ceases to be in Government Service.\n (3) The Long Service Leave Act has effect after the conversion time in relation to the employee’s rights under that Act that accrued before the conversion time, as if Dairy Australia Limited were an approving authority for the purposes of that Act.\n\n#### 38 Division not to affect post‑commencement long service leave rights\n\n (1) This Division does not affect an employee’s post‑commencement long service leave rights.\n (2) In this section:\n\n> law means:\n\n (a) a law of the Commonwealth or of a State or Territory; or\n (b) regulations or any other instrument (other than an award, determination or industrial agreement) made under such a law.\n\n> post‑commencement long service leave rights means any long service leave rights the employee acquires after the conversion time under an award, determination, industrial agreement or law (other than this Act).\n\n \n\n### Division 5—Other provisions\n\n#### 39 Operation of Archives Act\n\n (1) This Part does not authorise a Commonwealth record (within the meaning of the Archives Act 1983) to be transferred or otherwise dealt with except in accordance with the provisions of that Act.\n (2) A Commonwealth record (within the meaning of the Archives Act 1983) must not be transferred to a person under this Part unless the National Archives of Australia has given permission under paragraph 24(2)(b) of that Act.\n\n#### 40 Certificates etc. taken to be authentic etc.\n\n A document that appears to be a certificate or other document made or issued under this Part:\n (a) is taken to be such a certificate or other document; and\n (b) is taken to have been properly given;\n unless the contrary is established.\n\n \n\n## Part 4—Other provisions\n\n#### 41 Delegation\n\n (1) The Minister may, by writing, delegate all or any of his or her powers and functions under this Act to:\n (a) the Secretary of the Department; or\n (b) an SES employee, or acting SES employee, in the Department.\n (2) In exercising powers or functions under a delegation, the delegate must comply with any directions of the Minister.\n\n#### 42 Compensation for acquisition of property\n\n (1) If:\n (a) apart from this section, the operation of this Act would result in the acquisition of property from a person otherwise than on just terms; and\n (b) the acquisition would be invalid because of paragraph 51(xxxi) of the Constitution;\n the Commonwealth is liable to pay the person a reasonable amount of compensation in respect of the acquisition.\n (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n (3) In this section:\n\n> acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\n> just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\n#### 43 Regulations\n\n (1) The Governor‑General may make regulations prescribing matters:\n (a) required or permitted by this Act to be prescribed; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n (2) In particular, regulations may be made prescribing matters of a transitional nature (including prescribing any saving or application provisions) arising from:\n (a) the amendments or repeals made by this Act; and\n (b) the enactment of this Act.","sortOrder":25},{"sectionNumber":"Subdivision A","sectionType":"subdivision","heading":"Preliminary","content":"An Act relating to the dairy industry, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title \\[see Note 1\\]\n\n This Act may be cited as the Dairy Industry Service Reform Act 2003.\n\n#### 2 Commencement \\[see Note 1\\]\n\n (1) 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.\n\n```html\n

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
(s 2(1), Gazette 2003, S228)

\n```\n\n> Note: 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.\n\n (2) 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.\n\n#### 3 Schedule(s)\n\n 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.\n\n#### 4 Crown to be bound\n\n This Act binds the Crown in all its capacities.\n\n#### 5 External Territories\n\n This Act extends to all the external Territories.\n\n#### 6 Extraterritorial operation\n\n This Act applies both within and outside Australia.\n\n \n\n## Part 2—Provision of levy information to the Australian Dairy Corporation\n\n#### 7 Provision of levy information to the Australian Dairy Corporation\n\n Provision of information\n (1) 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.\n (2) A first purchaser must comply with a notice under subsection (1).\n Use or disclosure of information\n (3) The Australian Dairy Corporation may use or disclose information about producers provided to it under this section for any of the following purposes:\n (a) to inform the producers about the amendments to be made by this Act;\n (b) to make the producers aware of their eligibility to become a member of Dairy Australia Limited;\n (c) to invite the producers to make applications to the Corporation to become such a member;\n (d) to develop a list of those producers eligible to become such a member.\n Definitions\n (4) In this section:\n\n> ABN has the meaning given by section 41 of the A New Tax System (Australian Business Number) Act 1999.\n\n> first purchaser has the same meaning as in the Primary Industries Levies and Charges Collection Act 1991.\n\n> producer has the same meaning as in the Primary Industries Levies and Charges Collection Act 1991.\n\n> relevant dairy produce has the same meaning as in the Primary Industries (Excise) Levies Act 1999.\n\n \n\n## Part 3—Privatisation of dairy corporations\n\n### Division 1—Definitions\n\n#### 8 Definitions\n\n In this Part, unless the contrary intention appears:\n\n> ADC means the Australian Dairy Corporation as in existence before the conversion time.\n\n> ASIC means the Australian Securities and Investments Commission.\n\n> asset means:\n\n (a) any legal or equitable estate or interest in real or personal property, whether actual, contingent or prospective; and\n (b) any right, power, privilege or immunity, whether actual, contingent or prospective.\n\n> combined service period, in relation to a transferring employee, means the total of:\n\n (a) 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\n (b) the period during which the employee continues to be an employee of Dairy Australia Limited.\n\n> commencing time means the beginning of the day on which this Act receives the Royal Assent.\n\n> conversion time means the time when Schedule 1 commences.\n\n> Dairy Australia Limited means ADC, after it is registered under the Corporations Act 2001 as mentioned in section 11 of this Act.\n\n> DRDC means the Dairy Research and Development Corporation as in existence before the conversion time.\n\n> employee, in relation to DRDC, means a person who is an officer or employee of DRDC immediately before the conversion time.\n\n> liability means any liability, duty or obligation, whether actual, contingent or prospective.\n\n> Long Service Leave Act means the Long Service Leave (Commonwealth Employees) Act 1976, as in force immediately before the conversion time.\n\n> Maternity Leave Act means the Maternity Leave (Commonwealth Employees) Act 1973, as in force immediately before the conversion time.\n\n> 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.\n\n> SRC Act means the Safety, Rehabilitation and Compensation Act 1988, as in force immediately before the conversion time.\n\n> transferring ADC employee means a person who is an officer or employee of ADC immediately before the conversion time.\n\n> transferring DRDC employee means a person who is taken to have been engaged as an employee of Dairy Australia Limited under section 20.\n\n> transferring employee means a transferring ADC employee or a transferring DRDC employee.\n\n \n\n### Division 2—Registration of the Australian Dairy Corporation as a Corporations Act company\n\n#### 9 Application for registration\n\n Application\n (1) 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.\n (2) ADC is hereby authorised to make the application.\n Directors\n (3) 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.\n Constitution\n (4) 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.\n\n#### 10 Funding contract before registration\n\n (1) During the period beginning at the commencing time and ending immediately before the conversion time:\n (a) the Minister, on behalf of the Commonwealth; and\n (b) at least 3 of the proposed directors, on behalf of Dairy Australia Limited;\n 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.\n (2) If such a contract is entered into, then, at the conversion time:\n (a) the Commonwealth and Dairy Australia Limited are taken to have entered into the contract under section 5 of the Dairy Produce Act 1986; and\n (b) Dairy Australia Limited becomes bound by the contract and entitled to its benefit.\n\n> Note: 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.\n\n#### 11 Registration as a company under the Corporations Act\n\n (1) At the conversion time, ASIC is taken to have registered ADC under section 601BD of the Corporations Act 2001:\n (a) as a company limited by guarantee; and\n (b) with the name “Dairy Australia Limited”.\n\n> Note: 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.\n\n (2) 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.\n\n#### 12 Operation of the Corporations Act after conversion time\n\n Nothing in this Part prevents, after the conversion time:\n (a) a change in the name of Dairy Australia Limited; or\n (b) a change in the structure, constitution or membership of Dairy Australia Limited.\n\n#### 13 Accounting records\n\n For the purposes of the Corporations Act 2001:\n (a) the accounting records kept by ADC before the conversion time under section 20 of the Commonwealth Authorities and Companies Act 1997 are to be treated as financial records of Dairy Australia Limited; and\n (b) an annual report and financial statements prepared in relation to a financial year by ADC under section 9 of the Commonwealth Authorities and Companies Act 1997 are to be treated as a financial report of Dairy Australia Limited for that financial year.\n\n#### 14 Dairy Australia Limited not to be a Commonwealth authority etc.\n\n (1) After the conversion time, Dairy Australia Limited is not taken, for the purposes of a law, to be:\n (a) a Commonwealth authority; or\n (b) established for a public purpose or for a purpose of the Commonwealth; or\n (c) a public authority or an agency or instrumentality of the Crown;\n (within the ordinary meaning of the expression concerned) unless a law expressly provides otherwise.\n (2) In this section:\n\n> law means:\n\n (a) an Act of the Commonwealth or of a State or Territory; or\n (b) regulations or any other instrument made under such an Act.\n\n \n\n### Division 3—Transfer of assets and liabilities of the Dairy Research and Development Corporation\n\n#### 15 Transfer of assets and liabilities\n\n (1) This section applies to:\n (a) the assets of DRDC; and\n (b) the liabilities of DRDC.\n (2) At the conversion time, the assets and liabilities cease to be assets and liabilities of DRDC and become assets and liabilities of Dairy Australia Limited without any conveyance, transfer or assignment.\n (3) Immediately after the conversion time, Dairy Australia Limited becomes DRDC’s successor in law in relation to the assets and liabilities.\n\n> Note: The effect of converting ADC into a Corporations Act company is not to create a new legal entity. The assets and liabilities of ADC immediately before the conversion time will remain assets and liabilities of Dairy Australia Limited immediately after that time.\n\n#### 16 Transfer of pending proceedings\n\n If any proceedings to which DRDC was a party:\n (a) were pending in any court or tribunal immediately before the conversion time; and\n (b) related, in whole or in part, to an asset or liability of DRDC;\n Dairy Australia Limited is, by force of this section, substituted for DRDC as a party to the proceedings to the extent to which the proceedings relate to the asset or liability.\n\n#### 17 Exemption from stamp duty etc.\n\n (1) No stamp duty or other tax is payable under a law of a State or Territory in respect of an exempt matter, or anything connected with an exempt matter.\n (2) The Minister may certify in writing:\n (a) that a specified matter is an exempt matter; or\n (b) that a specified thing was done in connection with a specified exempt matter.\n (3) In all courts, and for all purposes, a certificate under subsection (2) is evidence of the matter stated in the certificate.\n (4) In this section:\n\n> exempt matter means:\n\n (a) the transfer of an asset or a liability under section 15; or\n (b) the operation of this Division in any other respect.\n\n#### 18 References in certain instruments\n\n (1) This section applies to an instrument if:\n (a) it is in operation immediately before the conversion time; and\n (b) it is an instrument:\n (i) to which DRDC is a party; or\n (ii) which was given to, or in favour of, DRDC; or\n (iii) in which a reference is made to DRDC; or\n (iv) under which any right or liability accrues or may accrue to DRDC.\n (2) The instrument continues to have effect after the conversion time as if a reference in the instrument to DRDC were a reference to Dairy Australia Limited.\n (3) In this section:\n\n> instrument does not include regulations or any other instrument made under the Superannuation Act 1976 or the Superannuation Act 1990.\n\n#### 19 Certificates in relation to assets\n\n (1) This section applies if:\n (a) an asset vests in Dairy Australia Limited under this Division; and\n (b) there is lodged with an assets official a certificate that:\n (i) is signed by the Minister; and\n (ii) identifies the asset; and\n (iii) states that the asset has become vested in Dairy Australia Limited under this Division.\n (2) The assets official may:\n (a) deal with, and give effect to, the certificate as if it were a proper and appropriate instrument for transactions in relation to assets of that kind; and\n (b) make such entries in the register as are necessary having regard to the effect of this Division.\n (3) In this section:\n\n> assets official means the person or authority who, under a law of the Commonwealth, a State or a Territory, under a trust instrument or otherwise, has responsibility for keeping a register in relation to assets of the kind concerned.\n\n \n\n### Division 4—Transferring employees of dairy corporations\n\n#### Subdivision A—Preliminary\n\n#### 20 Transfer of staff\n\n At the conversion time, each employee of DRDC ceases to be employed by DRDC and is taken to have been engaged as an employee of Dairy Australia Limited.\n\n> Note: The effect of converting ADC into a Corporations Act company is not to create a new legal entity. The employees of ADC immediately before the conversion time will remain employees of Dairy Australia Limited immediately after that time.\n\n#### 21 Terms and conditions of transferring employees\n\n DRDC employees\n (1) A transferring DRDC employee is taken:\n (a) to have been engaged by Dairy Australia Limited on the same terms and conditions as those that applied to the person, immediately before the conversion time, as an employee of DRDC; and\n (b) to have accrued an entitlement to benefits, in connection with that engagement by Dairy Australia Limited, that is equivalent to the entitlement that the person had accrued, as an employee of DRDC, immediately before the conversion time.\n (2) The service of a transferring DRDC employee as an employee of Dairy Australia Limited is taken, for all purposes, to be continuous with his or her service as an employee of DRDC.\n (3) Except as provided by this Division, a transferring DRDC employee is not entitled to receive any payment or other benefit merely because of the operation of this Division.\n ADC employees\n (4) Except as provided by this Division, a transferring ADC employee is not entitled to receive any payment or other benefit merely because of the operation of this Part.\n Other\n (5) This section:\n (a) has effect subject to this Division; and\n (b) is not to be taken to be a law of the Commonwealth for the purposes of paragraph 170XA(2)(b) of the Workplace Relations Act 1996, as in force immediately before the reform commencement within the meaning given by that Act.\n\n#### 22 Variation of terms and conditions of employment\n\n (1) This Part does not prevent the terms and conditions of a transferring ADC employee’s employment, or a transferring DRDC employee’s employment, after the conversion time from being varied:\n (a) in accordance with those terms and conditions; or\n (b) by or under a law, award, determination or agreement.\n (2) In this section:\n\n> law means:\n\n (a) a law of the Commonwealth or of a State or Territory; or\n (b) regulations or any other instrument (other than an award, determination or industrial agreement) made under such a law.\n\n> vary, in relation to terms and conditions, includes:\n\n (a) omitting any of those terms and conditions; or\n (b) adding to those terms and conditions; or\n (c) substituting new terms or conditions for any of those terms and conditions.\n\n#### Subdivision B—Application of the Safety, Rehabilitation and Compensation Act\n\n#### 23 Expressions defined in SRC Act\n\n Expressions that are defined in the SRC Act and used in this Subdivision have the same meanings as in that Act.\n\n#### 24 Continued application of SRC Act\n\n The SRC Act continues to apply after the conversion time in relation to:\n (a) injuries suffered before that time by a transferring employee; and\n (b) loss of, or damage to, property incurred before that time by a transferring employee.\n\n#### 25 Commonwealth liability to meet certain SRC Act liabilities\n\n After the conversion time, the Commonwealth:\n (a) is liable to pay the liabilities of ADC under section 128A of the SRC Act; and\n (b) subject to section 26 of this Act, is taken to have been the employer of the transferring ADC employees before the conversion time for the purposes of the application of the SRC Act in relation to those liabilities.\n\n#### 26 SRC Act: rehabilitation provisions\n\n (1) If a transferring employee had, before the conversion time, suffered an injury resulting in an incapacity for work or an impairment, Dairy Australia Limited must, after that time, provide such reasonable co‑operation and assistance as the Commonwealth requires to enable the Commonwealth to fulfil its obligations under sections 36, 37, 38, 39, 41 and 41A of the SRC Act in relation to the transferring employee.\n (2) After the conversion time, Dairy Australia Limited is, for the purposes of section 40 of the SRC Act, taken to be the relevant employer of each transferring employee.\n (3) After the conversion time, Dairy Australia Limited is, for the purposes of applying section 71 of the SRC Act in relation to each transferring employee, taken to be a Commonwealth authority.\n\n#### 27 Premiums under the SRC Act\n\n (1) Comcare must, as soon as practicable after the conversion time, determine the amount (if any) by which the premium for ADC and DRDC for the transitional financial year should be reduced.\n (2) If:\n (a) an amount equal to the premium for ADC or DRDC for the transitional financial year has been paid under Division 4A of Part VII of the SRC Act; and\n (b) the amount of the premium is reduced as a result of a determination under subsection (1);\n the Secretary of the Department may, in writing, direct that an amount equal to the refund amount, or amounts that together add up to the refund amount, be paid to Dairy Australia Limited in accordance with the direction.\n (3) A direction by the Secretary of the Department may be given subject to such conditions (if any) about the use or expenditure of the amount or amounts to which it relates as are set out in the direction.\n (4) If the Secretary of the Department gives a direction, the amount or amounts to which it relates are payable to Dairy Australia Limited out of the Consolidated Revenue Fund, which is appropriated accordingly.\n (5) The payment of an amount under subsection (4) must be made in accordance with the direction, and is subject to the conditions (if any) set out in the direction.\n (6) A copy of each direction must be published in the Gazette within 14 days after the direction is given.\n (7) The direction is not invalid merely because it has not been published as required under subsection (6).\n (8) In this section:\n\n> refund amount means the amount equal to the difference between the amount of premium for ADC or DRDC for the transitional financial year and the amount of that premium as reduced because of a determination under subsection (1).\n\n> transitional financial year means the financial year in which the conversion time occurs.\n\n#### Subdivision C—Maternity leave provisions\n\n#### 28 Maternity leave starting before conversion time\n\n (1) This section applies in relation to a transferring employee if:\n (a) immediately before the conversion time, the employee was a female employee of ADC or DRDC who was on leave granted under the Maternity Leave Act; and\n (b) the employee would have been entitled to have remained on that leave after the conversion time if the employee had continued to be an employee of ADC or DRDC.\n (2) After the conversion time, the Maternity Leave Act continues to apply to the employee in relation to the confinement in respect of which the leave was granted as if Dairy Australia Limited were a prescribed authority for the purposes of that Act.\n\n#### 29 Maternity leave starting after conversion time\n\n (1) This section applies in relation to a transferring employee if:\n (a) immediately before the conversion time, the person was a female employee of ADC or DRDC; and\n (b) within 9 months after the conversion time, the employee would have been entitled to start leave granted under the Maternity Leave Act if the employee had continued to be an employee of ADC or DRDC.\n (2) After the conversion time, the Maternity Leave Act continues to apply to the employee in relation to the confinement in respect of which she would have been entitled to leave as if Dairy Australia Limited were a prescribed authority for the purposes of that Act.\n\n#### Subdivision D—Provisions relating to superannuation\n\n#### 30 Application of Superannuation Acts\n\n Dairy Australia Limited is not an approved authority for the purposes of the Superannuation Act 1976 or the Superannuation Act 1990.\n\n#### 31 Application of the Superannuation Benefits (Supervisory Mechanisms) Act 1990\n\n (1) The Minister must not declare Dairy Australia Limited to be a relevant body for the purposes of the Superannuation Benefits (Supervisory Mechanisms) Act 1990.\n (2) In this section:\n\n> Minister has the same meaning as in the Superannuation Benefits (Supervisory Mechanisms) Act 1990.\n\n#### Subdivision E—Provisions relating to long service leave\n\n#### 32 Expressions defined in Long Service Leave Act\n\n Expressions that are defined in the Long Service Leave Act and used in this Subdivision have the same meanings as in that Act.\n\n#### 33 Long service leave for employees with less than 10 years service\n\n (1) This section applies in relation to a transferring employee whose period of service for the purposes of the Long Service Leave Act immediately before the conversion time was less than 10 years.\n (2) This section does not apply in relation to an employee who dies.\n (3) If the employee continues to be employed by Dairy Australia Limited until his or her combined service period is at least 10 years, Dairy Australia Limited may grant the employee long service leave on full salary for a period up to the employee’s long service leave credit under subsection 36(1).\n (4) If:\n (a) the employee stops being an employee of Dairy Australia Limited on or after reaching the minimum retiring age, or because of retrenchment; and\n (b) the employee’s combined service period at the time when he or she stops being an employee of Dairy Australia Limited is at least one year;\n Dairy Australia Limited may grant the employee long service leave on full salary for a period up to the employee’s long service leave credit under subsection 36(1).\n (5) If a period of long service leave may be granted to an employee under subsection (3) or (4), Dairy Australia Limited may, if the employee asks in writing, grant the employee long service leave on half salary for a period not longer than twice the first‑mentioned period.\n (6) Long service leave granted in the circumstances set out in subsection (4) must be taken so as to end immediately before the employee stops being an employee.\n (7) For the purposes of this section, the rate of salary to be used in working out the full salary of an employee is the rate that would apply to the employee under section 20 of the Long Service Leave Act if:\n (a) that section applied to the employee; and\n (b) for the expression “section 16 or 17” in that section there were substituted the expression “section 33 of the Dairy Industry Service Reform Act 2003”.\n\n#### 34 Payments in lieu of long service leave for employees with less than 10 years service\n\n (1) This section applies to a transferring employee whose period of service for the purposes of the Long Service Leave Act immediately before the conversion time was less than 10 years.\n (2) This section does not apply in relation to an employee who dies.\n (3) If the employee stops being an employee of Dairy Australia Limited on or after the day on which his or her combined service period reaches 10 years, Dairy Australia Limited must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 36(2).\n (4) If:\n (a) the employee stops being an employee of Dairy Australia Limited, on or after reaching the minimum retiring age, or because of retrenchment; and\n (b) at that time the employee’s combined service period is at least one year;\n Dairy Australia Limited must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 36(2).\n (5) If:\n (a) the employee stops being an employee of Dairy Australia Limited; and\n (b) Dairy Australia Limited is satisfied that the employee left Dairy Australia Limited’s employment because of ill‑health that justified his or her so leaving; and\n (c) when the employee left, his or her combined service period was at least one year;\n Dairy Australia Limited must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 36(2).\n (6) For the purposes of this section, the rate of salary to be used in working out the full salary of an employee is the rate that would apply to the employee under section 21 of the Long Service Leave Act if:\n (a) that section applied to the employee; and\n (b) for the expression “sections 16 and 17” in that section there were substituted the expression “section 34 of the Dairy Industry Service Reform Act 2003”.\n\n#### 35 Payments on the death of an employee\n\n (1) This section applies to a transferring employee whose period of service for the purposes of the Long Service Leave Act immediately before the conversion time was less than 10 years.\n (2) If the employee dies after the conversion time and immediately before his or her death:\n (a) the employee was an employee of Dairy Australia Limited; and\n (b) the employee’s combined service period was at least one year; and\n (c) the employee had one or more dependants;\n Dairy Australia Limited must make a payment to the dependant or dependants.\n (3) The total amount of the payment or payments is the amount that would have been payable to the person under section 34 if, on the day of his or her death, the person had instead stopped being an employee of Dairy Australia Limited on or after reaching the minimum retiring age.\n (4) If subsection (2) applies, section 23 of the Long Service Leave Act has effect as if:\n (a) that section applied to an employee of Dairy Australia Limited; and\n (b) a reference in that section to the approving authority were a reference to Dairy Australia Limited; and\n (c) for the expression “this Act” in that section there were substituted the expression “section 35 of the Dairy Industry Service Reform Act 2003”; and\n (d) for the expression “subsection 16(7) or 17(5)” there were substituted the expression “section 35 of the Dairy Industry Service Reform Act 2003”.\n\n#### 36 Employee’s long service leave credit for the purposes of sections 33 and 34\n\n (1) For the purposes of section 33, an employee’s long service leave credit is equal to the long service leave credit that the employee would have under the Long Service Leave Act for the period:\n (a) beginning when the employee began his or her period of service; and\n (b) ending at the conversion time;\n if the employee had been retrenched at the conversion time.\n (2) For the purposes of section 34, an employee’s long service leave credit is the employee’s long service leave credit worked out under subsection (1) of this section reduced by any long service leave credit used under section 33.\n\n#### 37 Employees with at least 10 years service\n\n (1) This section applies to a transferring employee whose period of service for the purposes of the Long Service Leave Act immediately before the conversion time was at least 10 years.\n (2) Even though the employee ceases to be employed in Government Service for the purposes of the Long Service Leave Act, the employee’s accrued rights under that Act continue. However, the employee is not entitled to receive any payment because he or she ceases to be in Government Service.\n (3) The Long Service Leave Act has effect after the conversion time in relation to the employee’s rights under that Act that accrued before the conversion time, as if Dairy Australia Limited were an approving authority for the purposes of that Act.\n\n#### 38 Division not to affect post‑commencement long service leave rights\n\n (1) This Division does not affect an employee’s post‑commencement long service leave rights.\n (2) In this section:\n\n> law means:\n\n (a) a law of the Commonwealth or of a State or Territory; or\n (b) regulations or any other instrument (other than an award, determination or industrial agreement) made under such a law.\n\n> post‑commencement long service leave rights means any long service leave rights the employee acquires after the conversion time under an award, determination, industrial agreement or law (other than this Act).\n\n \n\n### Division 5—Other provisions\n\n#### 39 Operation of Archives Act\n\n (1) This Part does not authorise a Commonwealth record (within the meaning of the Archives Act 1983) to be transferred or otherwise dealt with except in accordance with the provisions of that Act.\n (2) A Commonwealth record (within the meaning of the Archives Act 1983) must not be transferred to a person under this Part unless the National Archives of Australia has given permission under paragraph 24(2)(b) of that Act.\n\n#### 40 Certificates etc. taken to be authentic etc.\n\n A document that appears to be a certificate or other document made or issued under this Part:\n (a) is taken to be such a certificate or other document; and\n (b) is taken to have been properly given;\n unless the contrary is established.\n\n \n\n## Part 4—Other provisions\n\n#### 41 Delegation\n\n (1) The Minister may, by writing, delegate all or any of his or her powers and functions under this Act to:\n (a) the Secretary of the Department; or\n (b) an SES employee, or acting SES employee, in the Department.\n (2) In exercising powers or functions under a delegation, the delegate must comply with any directions of the Minister.\n\n#### 42 Compensation for acquisition of property\n\n (1) If:\n (a) apart from this section, the operation of this Act would result in the acquisition of property from a person otherwise than on just terms; and\n (b) the acquisition would be invalid because of paragraph 51(xxxi) of the Constitution;\n the Commonwealth is liable to pay the person a reasonable amount of compensation in respect of the acquisition.\n (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n (3) In this section:\n\n> acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\n> just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\n#### 43 Regulations\n\n (1) The Governor‑General may make regulations prescribing matters:\n (a) required or permitted by this Act to be prescribed; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n (2) In particular, regulations may be made prescribing matters of a transitional nature (including prescribing any saving or application provisions) arising from:\n (a) the amendments or repeals made by this Act; and\n (b) the enactment of this Act.","sortOrder":26},{"sectionNumber":"20","sectionType":"section","heading":"Transfer of staff","content":"#### 20 Transfer of staff\n\n At the conversion time, each employee of DRDC ceases to be employed by DRDC and is taken to have been engaged as an employee of Dairy Australia Limited.\n\n> Note: The effect of converting ADC into a Corporations Act company is not to create a new legal entity. The employees of ADC immediately before the conversion time will remain employees of Dairy Australia Limited immediately after that time.","sortOrder":27},{"sectionNumber":"21","sectionType":"section","heading":"Terms and conditions of transferring employees","content":"#### 21 Terms and conditions of transferring employees\n\n DRDC employees\n (1) A transferring DRDC employee is taken:\n (a) to have been engaged by Dairy Australia Limited on the same terms and conditions as those that applied to the person, immediately before the conversion time, as an employee of DRDC; and\n (b) to have accrued an entitlement to benefits, in connection with that engagement by Dairy Australia Limited, that is equivalent to the entitlement that the person had accrued, as an employee of DRDC, immediately before the conversion time.\n (2) The service of a transferring DRDC employee as an employee of Dairy Australia Limited is taken, for all purposes, to be continuous with his or her service as an employee of DRDC.\n (3) Except as provided by this Division, a transferring DRDC employee is not entitled to receive any payment or other benefit merely because of the operation of this Division.\n ADC employees\n (4) Except as provided by this Division, a transferring ADC employee is not entitled to receive any payment or other benefit merely because of the operation of this Part.\n Other\n (5) This section:\n (a) has effect subject to this Division; and\n (b) is not to be taken to be a law of the Commonwealth for the purposes of paragraph 170XA(2)(b) of the Workplace Relations Act 1996, as in force immediately before the reform commencement within the meaning given by that Act.","sortOrder":28},{"sectionNumber":"22","sectionType":"section","heading":"Variation of terms and conditions of employment","content":"#### 22 Variation of terms and conditions of employment\n\n (1) This Part does not prevent the terms and conditions of a transferring ADC employee’s employment, or a transferring DRDC employee’s employment, after the conversion time from being varied:\n (a) in accordance with those terms and conditions; or\n (b) by or under a law, award, determination or agreement.\n (2) In this section:\n\n> law means:\n\n (a) a law of the Commonwealth or of a State or Territory; or\n (b) regulations or any other instrument (other than an award, determination or industrial agreement) made under such a law.\n\n> vary, in relation to terms and conditions, includes:\n\n (a) omitting any of those terms and conditions; or\n (b) adding to those terms and conditions; or\n (c) substituting new terms or conditions for any of those terms and conditions.","sortOrder":29},{"sectionNumber":"Subdivision B","sectionType":"subdivision","heading":"Application of the Safety, Rehabilitation and Compensation Act","content":"An Act relating to the dairy industry, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title \\[see Note 1\\]\n\n This Act may be cited as the Dairy Industry Service Reform Act 2003.\n\n#### 2 Commencement \\[see Note 1\\]\n\n (1) 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.\n\n```html\n

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
(s 2(1), Gazette 2003, S228)

\n```\n\n> Note: 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.\n\n (2) 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.\n\n#### 3 Schedule(s)\n\n 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.\n\n#### 4 Crown to be bound\n\n This Act binds the Crown in all its capacities.\n\n#### 5 External Territories\n\n This Act extends to all the external Territories.\n\n#### 6 Extraterritorial operation\n\n This Act applies both within and outside Australia.\n\n \n\n## Part 2—Provision of levy information to the Australian Dairy Corporation\n\n#### 7 Provision of levy information to the Australian Dairy Corporation\n\n Provision of information\n (1) 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.\n (2) A first purchaser must comply with a notice under subsection (1).\n Use or disclosure of information\n (3) The Australian Dairy Corporation may use or disclose information about producers provided to it under this section for any of the following purposes:\n (a) to inform the producers about the amendments to be made by this Act;\n (b) to make the producers aware of their eligibility to become a member of Dairy Australia Limited;\n (c) to invite the producers to make applications to the Corporation to become such a member;\n (d) to develop a list of those producers eligible to become such a member.\n Definitions\n (4) In this section:\n\n> ABN has the meaning given by section 41 of the A New Tax System (Australian Business Number) Act 1999.\n\n> first purchaser has the same meaning as in the Primary Industries Levies and Charges Collection Act 1991.\n\n> producer has the same meaning as in the Primary Industries Levies and Charges Collection Act 1991.\n\n> relevant dairy produce has the same meaning as in the Primary Industries (Excise) Levies Act 1999.\n\n \n\n## Part 3—Privatisation of dairy corporations\n\n### Division 1—Definitions\n\n#### 8 Definitions\n\n In this Part, unless the contrary intention appears:\n\n> ADC means the Australian Dairy Corporation as in existence before the conversion time.\n\n> ASIC means the Australian Securities and Investments Commission.\n\n> asset means:\n\n (a) any legal or equitable estate or interest in real or personal property, whether actual, contingent or prospective; and\n (b) any right, power, privilege or immunity, whether actual, contingent or prospective.\n\n> combined service period, in relation to a transferring employee, means the total of:\n\n (a) 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\n (b) the period during which the employee continues to be an employee of Dairy Australia Limited.\n\n> commencing time means the beginning of the day on which this Act receives the Royal Assent.\n\n> conversion time means the time when Schedule 1 commences.\n\n> Dairy Australia Limited means ADC, after it is registered under the Corporations Act 2001 as mentioned in section 11 of this Act.\n\n> DRDC means the Dairy Research and Development Corporation as in existence before the conversion time.\n\n> employee, in relation to DRDC, means a person who is an officer or employee of DRDC immediately before the conversion time.\n\n> liability means any liability, duty or obligation, whether actual, contingent or prospective.\n\n> Long Service Leave Act means the Long Service Leave (Commonwealth Employees) Act 1976, as in force immediately before the conversion time.\n\n> Maternity Leave Act means the Maternity Leave (Commonwealth Employees) Act 1973, as in force immediately before the conversion time.\n\n> 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.\n\n> SRC Act means the Safety, Rehabilitation and Compensation Act 1988, as in force immediately before the conversion time.\n\n> transferring ADC employee means a person who is an officer or employee of ADC immediately before the conversion time.\n\n> transferring DRDC employee means a person who is taken to have been engaged as an employee of Dairy Australia Limited under section 20.\n\n> transferring employee means a transferring ADC employee or a transferring DRDC employee.\n\n \n\n### Division 2—Registration of the Australian Dairy Corporation as a Corporations Act company\n\n#### 9 Application for registration\n\n Application\n (1) 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.\n (2) ADC is hereby authorised to make the application.\n Directors\n (3) 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.\n Constitution\n (4) 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.\n\n#### 10 Funding contract before registration\n\n (1) During the period beginning at the commencing time and ending immediately before the conversion time:\n (a) the Minister, on behalf of the Commonwealth; and\n (b) at least 3 of the proposed directors, on behalf of Dairy Australia Limited;\n 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.\n (2) If such a contract is entered into, then, at the conversion time:\n (a) the Commonwealth and Dairy Australia Limited are taken to have entered into the contract under section 5 of the Dairy Produce Act 1986; and\n (b) Dairy Australia Limited becomes bound by the contract and entitled to its benefit.\n\n> Note: 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.\n\n#### 11 Registration as a company under the Corporations Act\n\n (1) At the conversion time, ASIC is taken to have registered ADC under section 601BD of the Corporations Act 2001:\n (a) as a company limited by guarantee; and\n (b) with the name “Dairy Australia Limited”.\n\n> Note: 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.\n\n (2) 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.\n\n#### 12 Operation of the Corporations Act after conversion time\n\n Nothing in this Part prevents, after the conversion time:\n (a) a change in the name of Dairy Australia Limited; or\n (b) a change in the structure, constitution or membership of Dairy Australia Limited.\n\n#### 13 Accounting records\n\n For the purposes of the Corporations Act 2001:\n (a) the accounting records kept by ADC before the conversion time under section 20 of the Commonwealth Authorities and Companies Act 1997 are to be treated as financial records of Dairy Australia Limited; and\n (b) an annual report and financial statements prepared in relation to a financial year by ADC under section 9 of the Commonwealth Authorities and Companies Act 1997 are to be treated as a financial report of Dairy Australia Limited for that financial year.\n\n#### 14 Dairy Australia Limited not to be a Commonwealth authority etc.\n\n (1) After the conversion time, Dairy Australia Limited is not taken, for the purposes of a law, to be:\n (a) a Commonwealth authority; or\n (b) established for a public purpose or for a purpose of the Commonwealth; or\n (c) a public authority or an agency or instrumentality of the Crown;\n (within the ordinary meaning of the expression concerned) unless a law expressly provides otherwise.\n (2) In this section:\n\n> law means:\n\n (a) an Act of the Commonwealth or of a State or Territory; or\n (b) regulations or any other instrument made under such an Act.\n\n \n\n### Division 3—Transfer of assets and liabilities of the Dairy Research and Development Corporation\n\n#### 15 Transfer of assets and liabilities\n\n (1) This section applies to:\n (a) the assets of DRDC; and\n (b) the liabilities of DRDC.\n (2) At the conversion time, the assets and liabilities cease to be assets and liabilities of DRDC and become assets and liabilities of Dairy Australia Limited without any conveyance, transfer or assignment.\n (3) Immediately after the conversion time, Dairy Australia Limited becomes DRDC’s successor in law in relation to the assets and liabilities.\n\n> Note: The effect of converting ADC into a Corporations Act company is not to create a new legal entity. The assets and liabilities of ADC immediately before the conversion time will remain assets and liabilities of Dairy Australia Limited immediately after that time.\n\n#### 16 Transfer of pending proceedings\n\n If any proceedings to which DRDC was a party:\n (a) were pending in any court or tribunal immediately before the conversion time; and\n (b) related, in whole or in part, to an asset or liability of DRDC;\n Dairy Australia Limited is, by force of this section, substituted for DRDC as a party to the proceedings to the extent to which the proceedings relate to the asset or liability.\n\n#### 17 Exemption from stamp duty etc.\n\n (1) No stamp duty or other tax is payable under a law of a State or Territory in respect of an exempt matter, or anything connected with an exempt matter.\n (2) The Minister may certify in writing:\n (a) that a specified matter is an exempt matter; or\n (b) that a specified thing was done in connection with a specified exempt matter.\n (3) In all courts, and for all purposes, a certificate under subsection (2) is evidence of the matter stated in the certificate.\n (4) In this section:\n\n> exempt matter means:\n\n (a) the transfer of an asset or a liability under section 15; or\n (b) the operation of this Division in any other respect.\n\n#### 18 References in certain instruments\n\n (1) This section applies to an instrument if:\n (a) it is in operation immediately before the conversion time; and\n (b) it is an instrument:\n (i) to which DRDC is a party; or\n (ii) which was given to, or in favour of, DRDC; or\n (iii) in which a reference is made to DRDC; or\n (iv) under which any right or liability accrues or may accrue to DRDC.\n (2) The instrument continues to have effect after the conversion time as if a reference in the instrument to DRDC were a reference to Dairy Australia Limited.\n (3) In this section:\n\n> instrument does not include regulations or any other instrument made under the Superannuation Act 1976 or the Superannuation Act 1990.\n\n#### 19 Certificates in relation to assets\n\n (1) This section applies if:\n (a) an asset vests in Dairy Australia Limited under this Division; and\n (b) there is lodged with an assets official a certificate that:\n (i) is signed by the Minister; and\n (ii) identifies the asset; and\n (iii) states that the asset has become vested in Dairy Australia Limited under this Division.\n (2) The assets official may:\n (a) deal with, and give effect to, the certificate as if it were a proper and appropriate instrument for transactions in relation to assets of that kind; and\n (b) make such entries in the register as are necessary having regard to the effect of this Division.\n (3) In this section:\n\n> assets official means the person or authority who, under a law of the Commonwealth, a State or a Territory, under a trust instrument or otherwise, has responsibility for keeping a register in relation to assets of the kind concerned.\n\n \n\n### Division 4—Transferring employees of dairy corporations\n\n#### Subdivision A—Preliminary\n\n#### 20 Transfer of staff\n\n At the conversion time, each employee of DRDC ceases to be employed by DRDC and is taken to have been engaged as an employee of Dairy Australia Limited.\n\n> Note: The effect of converting ADC into a Corporations Act company is not to create a new legal entity. The employees of ADC immediately before the conversion time will remain employees of Dairy Australia Limited immediately after that time.\n\n#### 21 Terms and conditions of transferring employees\n\n DRDC employees\n (1) A transferring DRDC employee is taken:\n (a) to have been engaged by Dairy Australia Limited on the same terms and conditions as those that applied to the person, immediately before the conversion time, as an employee of DRDC; and\n (b) to have accrued an entitlement to benefits, in connection with that engagement by Dairy Australia Limited, that is equivalent to the entitlement that the person had accrued, as an employee of DRDC, immediately before the conversion time.\n (2) The service of a transferring DRDC employee as an employee of Dairy Australia Limited is taken, for all purposes, to be continuous with his or her service as an employee of DRDC.\n (3) Except as provided by this Division, a transferring DRDC employee is not entitled to receive any payment or other benefit merely because of the operation of this Division.\n ADC employees\n (4) Except as provided by this Division, a transferring ADC employee is not entitled to receive any payment or other benefit merely because of the operation of this Part.\n Other\n (5) This section:\n (a) has effect subject to this Division; and\n (b) is not to be taken to be a law of the Commonwealth for the purposes of paragraph 170XA(2)(b) of the Workplace Relations Act 1996, as in force immediately before the reform commencement within the meaning given by that Act.\n\n#### 22 Variation of terms and conditions of employment\n\n (1) This Part does not prevent the terms and conditions of a transferring ADC employee’s employment, or a transferring DRDC employee’s employment, after the conversion time from being varied:\n (a) in accordance with those terms and conditions; or\n (b) by or under a law, award, determination or agreement.\n (2) In this section:\n\n> law means:\n\n (a) a law of the Commonwealth or of a State or Territory; or\n (b) regulations or any other instrument (other than an award, determination or industrial agreement) made under such a law.\n\n> vary, in relation to terms and conditions, includes:\n\n (a) omitting any of those terms and conditions; or\n (b) adding to those terms and conditions; or\n (c) substituting new terms or conditions for any of those terms and conditions.\n\n#### Subdivision B—Application of the Safety, Rehabilitation and Compensation Act\n\n#### 23 Expressions defined in SRC Act\n\n Expressions that are defined in the SRC Act and used in this Subdivision have the same meanings as in that Act.\n\n#### 24 Continued application of SRC Act\n\n The SRC Act continues to apply after the conversion time in relation to:\n (a) injuries suffered before that time by a transferring employee; and\n (b) loss of, or damage to, property incurred before that time by a transferring employee.\n\n#### 25 Commonwealth liability to meet certain SRC Act liabilities\n\n After the conversion time, the Commonwealth:\n (a) is liable to pay the liabilities of ADC under section 128A of the SRC Act; and\n (b) subject to section 26 of this Act, is taken to have been the employer of the transferring ADC employees before the conversion time for the purposes of the application of the SRC Act in relation to those liabilities.\n\n#### 26 SRC Act: rehabilitation provisions\n\n (1) If a transferring employee had, before the conversion time, suffered an injury resulting in an incapacity for work or an impairment, Dairy Australia Limited must, after that time, provide such reasonable co‑operation and assistance as the Commonwealth requires to enable the Commonwealth to fulfil its obligations under sections 36, 37, 38, 39, 41 and 41A of the SRC Act in relation to the transferring employee.\n (2) After the conversion time, Dairy Australia Limited is, for the purposes of section 40 of the SRC Act, taken to be the relevant employer of each transferring employee.\n (3) After the conversion time, Dairy Australia Limited is, for the purposes of applying section 71 of the SRC Act in relation to each transferring employee, taken to be a Commonwealth authority.\n\n#### 27 Premiums under the SRC Act\n\n (1) Comcare must, as soon as practicable after the conversion time, determine the amount (if any) by which the premium for ADC and DRDC for the transitional financial year should be reduced.\n (2) If:\n (a) an amount equal to the premium for ADC or DRDC for the transitional financial year has been paid under Division 4A of Part VII of the SRC Act; and\n (b) the amount of the premium is reduced as a result of a determination under subsection (1);\n the Secretary of the Department may, in writing, direct that an amount equal to the refund amount, or amounts that together add up to the refund amount, be paid to Dairy Australia Limited in accordance with the direction.\n (3) A direction by the Secretary of the Department may be given subject to such conditions (if any) about the use or expenditure of the amount or amounts to which it relates as are set out in the direction.\n (4) If the Secretary of the Department gives a direction, the amount or amounts to which it relates are payable to Dairy Australia Limited out of the Consolidated Revenue Fund, which is appropriated accordingly.\n (5) The payment of an amount under subsection (4) must be made in accordance with the direction, and is subject to the conditions (if any) set out in the direction.\n (6) A copy of each direction must be published in the Gazette within 14 days after the direction is given.\n (7) The direction is not invalid merely because it has not been published as required under subsection (6).\n (8) In this section:\n\n> refund amount means the amount equal to the difference between the amount of premium for ADC or DRDC for the transitional financial year and the amount of that premium as reduced because of a determination under subsection (1).\n\n> transitional financial year means the financial year in which the conversion time occurs.\n\n#### Subdivision C—Maternity leave provisions\n\n#### 28 Maternity leave starting before conversion time\n\n (1) This section applies in relation to a transferring employee if:\n (a) immediately before the conversion time, the employee was a female employee of ADC or DRDC who was on leave granted under the Maternity Leave Act; and\n (b) the employee would have been entitled to have remained on that leave after the conversion time if the employee had continued to be an employee of ADC or DRDC.\n (2) After the conversion time, the Maternity Leave Act continues to apply to the employee in relation to the confinement in respect of which the leave was granted as if Dairy Australia Limited were a prescribed authority for the purposes of that Act.\n\n#### 29 Maternity leave starting after conversion time\n\n (1) This section applies in relation to a transferring employee if:\n (a) immediately before the conversion time, the person was a female employee of ADC or DRDC; and\n (b) within 9 months after the conversion time, the employee would have been entitled to start leave granted under the Maternity Leave Act if the employee had continued to be an employee of ADC or DRDC.\n (2) After the conversion time, the Maternity Leave Act continues to apply to the employee in relation to the confinement in respect of which she would have been entitled to leave as if Dairy Australia Limited were a prescribed authority for the purposes of that Act.\n\n#### Subdivision D—Provisions relating to superannuation\n\n#### 30 Application of Superannuation Acts\n\n Dairy Australia Limited is not an approved authority for the purposes of the Superannuation Act 1976 or the Superannuation Act 1990.\n\n#### 31 Application of the Superannuation Benefits (Supervisory Mechanisms) Act 1990\n\n (1) The Minister must not declare Dairy Australia Limited to be a relevant body for the purposes of the Superannuation Benefits (Supervisory Mechanisms) Act 1990.\n (2) In this section:\n\n> Minister has the same meaning as in the Superannuation Benefits (Supervisory Mechanisms) Act 1990.\n\n#### Subdivision E—Provisions relating to long service leave\n\n#### 32 Expressions defined in Long Service Leave Act\n\n Expressions that are defined in the Long Service Leave Act and used in this Subdivision have the same meanings as in that Act.\n\n#### 33 Long service leave for employees with less than 10 years service\n\n (1) This section applies in relation to a transferring employee whose period of service for the purposes of the Long Service Leave Act immediately before the conversion time was less than 10 years.\n (2) This section does not apply in relation to an employee who dies.\n (3) If the employee continues to be employed by Dairy Australia Limited until his or her combined service period is at least 10 years, Dairy Australia Limited may grant the employee long service leave on full salary for a period up to the employee’s long service leave credit under subsection 36(1).\n (4) If:\n (a) the employee stops being an employee of Dairy Australia Limited on or after reaching the minimum retiring age, or because of retrenchment; and\n (b) the employee’s combined service period at the time when he or she stops being an employee of Dairy Australia Limited is at least one year;\n Dairy Australia Limited may grant the employee long service leave on full salary for a period up to the employee’s long service leave credit under subsection 36(1).\n (5) If a period of long service leave may be granted to an employee under subsection (3) or (4), Dairy Australia Limited may, if the employee asks in writing, grant the employee long service leave on half salary for a period not longer than twice the first‑mentioned period.\n (6) Long service leave granted in the circumstances set out in subsection (4) must be taken so as to end immediately before the employee stops being an employee.\n (7) For the purposes of this section, the rate of salary to be used in working out the full salary of an employee is the rate that would apply to the employee under section 20 of the Long Service Leave Act if:\n (a) that section applied to the employee; and\n (b) for the expression “section 16 or 17” in that section there were substituted the expression “section 33 of the Dairy Industry Service Reform Act 2003”.\n\n#### 34 Payments in lieu of long service leave for employees with less than 10 years service\n\n (1) This section applies to a transferring employee whose period of service for the purposes of the Long Service Leave Act immediately before the conversion time was less than 10 years.\n (2) This section does not apply in relation to an employee who dies.\n (3) If the employee stops being an employee of Dairy Australia Limited on or after the day on which his or her combined service period reaches 10 years, Dairy Australia Limited must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 36(2).\n (4) If:\n (a) the employee stops being an employee of Dairy Australia Limited, on or after reaching the minimum retiring age, or because of retrenchment; and\n (b) at that time the employee’s combined service period is at least one year;\n Dairy Australia Limited must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 36(2).\n (5) If:\n (a) the employee stops being an employee of Dairy Australia Limited; and\n (b) Dairy Australia Limited is satisfied that the employee left Dairy Australia Limited’s employment because of ill‑health that justified his or her so leaving; and\n (c) when the employee left, his or her combined service period was at least one year;\n Dairy Australia Limited must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 36(2).\n (6) For the purposes of this section, the rate of salary to be used in working out the full salary of an employee is the rate that would apply to the employee under section 21 of the Long Service Leave Act if:\n (a) that section applied to the employee; and\n (b) for the expression “sections 16 and 17” in that section there were substituted the expression “section 34 of the Dairy Industry Service Reform Act 2003”.\n\n#### 35 Payments on the death of an employee\n\n (1) This section applies to a transferring employee whose period of service for the purposes of the Long Service Leave Act immediately before the conversion time was less than 10 years.\n (2) If the employee dies after the conversion time and immediately before his or her death:\n (a) the employee was an employee of Dairy Australia Limited; and\n (b) the employee’s combined service period was at least one year; and\n (c) the employee had one or more dependants;\n Dairy Australia Limited must make a payment to the dependant or dependants.\n (3) The total amount of the payment or payments is the amount that would have been payable to the person under section 34 if, on the day of his or her death, the person had instead stopped being an employee of Dairy Australia Limited on or after reaching the minimum retiring age.\n (4) If subsection (2) applies, section 23 of the Long Service Leave Act has effect as if:\n (a) that section applied to an employee of Dairy Australia Limited; and\n (b) a reference in that section to the approving authority were a reference to Dairy Australia Limited; and\n (c) for the expression “this Act” in that section there were substituted the expression “section 35 of the Dairy Industry Service Reform Act 2003”; and\n (d) for the expression “subsection 16(7) or 17(5)” there were substituted the expression “section 35 of the Dairy Industry Service Reform Act 2003”.\n\n#### 36 Employee’s long service leave credit for the purposes of sections 33 and 34\n\n (1) For the purposes of section 33, an employee’s long service leave credit is equal to the long service leave credit that the employee would have under the Long Service Leave Act for the period:\n (a) beginning when the employee began his or her period of service; and\n (b) ending at the conversion time;\n if the employee had been retrenched at the conversion time.\n (2) For the purposes of section 34, an employee’s long service leave credit is the employee’s long service leave credit worked out under subsection (1) of this section reduced by any long service leave credit used under section 33.\n\n#### 37 Employees with at least 10 years service\n\n (1) This section applies to a transferring employee whose period of service for the purposes of the Long Service Leave Act immediately before the conversion time was at least 10 years.\n (2) Even though the employee ceases to be employed in Government Service for the purposes of the Long Service Leave Act, the employee’s accrued rights under that Act continue. However, the employee is not entitled to receive any payment because he or she ceases to be in Government Service.\n (3) The Long Service Leave Act has effect after the conversion time in relation to the employee’s rights under that Act that accrued before the conversion time, as if Dairy Australia Limited were an approving authority for the purposes of that Act.\n\n#### 38 Division not to affect post‑commencement long service leave rights\n\n (1) This Division does not affect an employee’s post‑commencement long service leave rights.\n (2) In this section:\n\n> law means:\n\n (a) a law of the Commonwealth or of a State or Territory; or\n (b) regulations or any other instrument (other than an award, determination or industrial agreement) made under such a law.\n\n> post‑commencement long service leave rights means any long service leave rights the employee acquires after the conversion time under an award, determination, industrial agreement or law (other than this Act).\n\n \n\n### Division 5—Other provisions\n\n#### 39 Operation of Archives Act\n\n (1) This Part does not authorise a Commonwealth record (within the meaning of the Archives Act 1983) to be transferred or otherwise dealt with except in accordance with the provisions of that Act.\n (2) A Commonwealth record (within the meaning of the Archives Act 1983) must not be transferred to a person under this Part unless the National Archives of Australia has given permission under paragraph 24(2)(b) of that Act.\n\n#### 40 Certificates etc. taken to be authentic etc.\n\n A document that appears to be a certificate or other document made or issued under this Part:\n (a) is taken to be such a certificate or other document; and\n (b) is taken to have been properly given;\n unless the contrary is established.\n\n \n\n## Part 4—Other provisions\n\n#### 41 Delegation\n\n (1) The Minister may, by writing, delegate all or any of his or her powers and functions under this Act to:\n (a) the Secretary of the Department; or\n (b) an SES employee, or acting SES employee, in the Department.\n (2) In exercising powers or functions under a delegation, the delegate must comply with any directions of the Minister.\n\n#### 42 Compensation for acquisition of property\n\n (1) If:\n (a) apart from this section, the operation of this Act would result in the acquisition of property from a person otherwise than on just terms; and\n (b) the acquisition would be invalid because of paragraph 51(xxxi) of the Constitution;\n the Commonwealth is liable to pay the person a reasonable amount of compensation in respect of the acquisition.\n (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n (3) In this section:\n\n> acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\n> just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\n#### 43 Regulations\n\n (1) The Governor‑General may make regulations prescribing matters:\n (a) required or permitted by this Act to be prescribed; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n (2) In particular, regulations may be made prescribing matters of a transitional nature (including prescribing any saving or application provisions) arising from:\n (a) the amendments or repeals made by this Act; and\n (b) the enactment of this Act.","sortOrder":30},{"sectionNumber":"23","sectionType":"section","heading":"Expressions defined in SRC Act","content":"#### 23 Expressions defined in SRC Act\n\n Expressions that are defined in the SRC Act and used in this Subdivision have the same meanings as in that Act.","sortOrder":31},{"sectionNumber":"24","sectionType":"section","heading":"Continued application of SRC Act","content":"#### 24 Continued application of SRC Act\n\n The SRC Act continues to apply after the conversion time in relation to:\n (a) injuries suffered before that time by a transferring employee; and\n (b) loss of, or damage to, property incurred before that time by a transferring employee.","sortOrder":32},{"sectionNumber":"25","sectionType":"section","heading":"Commonwealth liability to meet certain SRC Act liabilities","content":"#### 25 Commonwealth liability to meet certain SRC Act liabilities\n\n After the conversion time, the Commonwealth:\n (a) is liable to pay the liabilities of ADC under section 128A of the SRC Act; and\n (b) subject to section 26 of this Act, is taken to have been the employer of the transferring ADC employees before the conversion time for the purposes of the application of the SRC Act in relation to those liabilities.","sortOrder":33},{"sectionNumber":"26","sectionType":"section","heading":"SRC Act: rehabilitation provisions","content":"#### 26 SRC Act: rehabilitation provisions\n\n (1) If a transferring employee had, before the conversion time, suffered an injury resulting in an incapacity for work or an impairment, Dairy Australia Limited must, after that time, provide such reasonable co‑operation and assistance as the Commonwealth requires to enable the Commonwealth to fulfil its obligations under sections 36, 37, 38, 39, 41 and 41A of the SRC Act in relation to the transferring employee.\n (2) After the conversion time, Dairy Australia Limited is, for the purposes of section 40 of the SRC Act, taken to be the relevant employer of each transferring employee.\n (3) After the conversion time, Dairy Australia Limited is, for the purposes of applying section 71 of the SRC Act in relation to each transferring employee, taken to be a Commonwealth authority.","sortOrder":34},{"sectionNumber":"27","sectionType":"section","heading":"Premiums under the SRC Act","content":"#### 27 Premiums under the SRC Act\n\n (1) Comcare must, as soon as practicable after the conversion time, determine the amount (if any) by which the premium for ADC and DRDC for the transitional financial year should be reduced.\n (2) If:\n (a) an amount equal to the premium for ADC or DRDC for the transitional financial year has been paid under Division 4A of Part VII of the SRC Act; and\n (b) the amount of the premium is reduced as a result of a determination under subsection (1);\n the Secretary of the Department may, in writing, direct that an amount equal to the refund amount, or amounts that together add up to the refund amount, be paid to Dairy Australia Limited in accordance with the direction.\n (3) A direction by the Secretary of the Department may be given subject to such conditions (if any) about the use or expenditure of the amount or amounts to which it relates as are set out in the direction.\n (4) If the Secretary of the Department gives a direction, the amount or amounts to which it relates are payable to Dairy Australia Limited out of the Consolidated Revenue Fund, which is appropriated accordingly.\n (5) The payment of an amount under subsection (4) must be made in accordance with the direction, and is subject to the conditions (if any) set out in the direction.\n (6) A copy of each direction must be published in the Gazette within 14 days after the direction is given.\n (7) The direction is not invalid merely because it has not been published as required under subsection (6).\n (8) In this section:\n\n> refund amount means the amount equal to the difference between the amount of premium for ADC or DRDC for the transitional financial year and the amount of that premium as reduced because of a determination under subsection (1).\n\n> transitional financial year means the financial year in which the conversion time occurs.","sortOrder":35},{"sectionNumber":"Subdivision C","sectionType":"subdivision","heading":"Maternity leave provisions","content":"An Act relating to the dairy industry, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title \\[see Note 1\\]\n\n This Act may be cited as the Dairy Industry Service Reform Act 2003.\n\n#### 2 Commencement \\[see Note 1\\]\n\n (1) 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.\n\n```html\n

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
(s 2(1), Gazette 2003, S228)

\n```\n\n> Note: 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.\n\n (2) 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.\n\n#### 3 Schedule(s)\n\n 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.\n\n#### 4 Crown to be bound\n\n This Act binds the Crown in all its capacities.\n\n#### 5 External Territories\n\n This Act extends to all the external Territories.\n\n#### 6 Extraterritorial operation\n\n This Act applies both within and outside Australia.\n\n \n\n## Part 2—Provision of levy information to the Australian Dairy Corporation\n\n#### 7 Provision of levy information to the Australian Dairy Corporation\n\n Provision of information\n (1) 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.\n (2) A first purchaser must comply with a notice under subsection (1).\n Use or disclosure of information\n (3) The Australian Dairy Corporation may use or disclose information about producers provided to it under this section for any of the following purposes:\n (a) to inform the producers about the amendments to be made by this Act;\n (b) to make the producers aware of their eligibility to become a member of Dairy Australia Limited;\n (c) to invite the producers to make applications to the Corporation to become such a member;\n (d) to develop a list of those producers eligible to become such a member.\n Definitions\n (4) In this section:\n\n> ABN has the meaning given by section 41 of the A New Tax System (Australian Business Number) Act 1999.\n\n> first purchaser has the same meaning as in the Primary Industries Levies and Charges Collection Act 1991.\n\n> producer has the same meaning as in the Primary Industries Levies and Charges Collection Act 1991.\n\n> relevant dairy produce has the same meaning as in the Primary Industries (Excise) Levies Act 1999.\n\n \n\n## Part 3—Privatisation of dairy corporations\n\n### Division 1—Definitions\n\n#### 8 Definitions\n\n In this Part, unless the contrary intention appears:\n\n> ADC means the Australian Dairy Corporation as in existence before the conversion time.\n\n> ASIC means the Australian Securities and Investments Commission.\n\n> asset means:\n\n (a) any legal or equitable estate or interest in real or personal property, whether actual, contingent or prospective; and\n (b) any right, power, privilege or immunity, whether actual, contingent or prospective.\n\n> combined service period, in relation to a transferring employee, means the total of:\n\n (a) 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\n (b) the period during which the employee continues to be an employee of Dairy Australia Limited.\n\n> commencing time means the beginning of the day on which this Act receives the Royal Assent.\n\n> conversion time means the time when Schedule 1 commences.\n\n> Dairy Australia Limited means ADC, after it is registered under the Corporations Act 2001 as mentioned in section 11 of this Act.\n\n> DRDC means the Dairy Research and Development Corporation as in existence before the conversion time.\n\n> employee, in relation to DRDC, means a person who is an officer or employee of DRDC immediately before the conversion time.\n\n> liability means any liability, duty or obligation, whether actual, contingent or prospective.\n\n> Long Service Leave Act means the Long Service Leave (Commonwealth Employees) Act 1976, as in force immediately before the conversion time.\n\n> Maternity Leave Act means the Maternity Leave (Commonwealth Employees) Act 1973, as in force immediately before the conversion time.\n\n> 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.\n\n> SRC Act means the Safety, Rehabilitation and Compensation Act 1988, as in force immediately before the conversion time.\n\n> transferring ADC employee means a person who is an officer or employee of ADC immediately before the conversion time.\n\n> transferring DRDC employee means a person who is taken to have been engaged as an employee of Dairy Australia Limited under section 20.\n\n> transferring employee means a transferring ADC employee or a transferring DRDC employee.\n\n \n\n### Division 2—Registration of the Australian Dairy Corporation as a Corporations Act company\n\n#### 9 Application for registration\n\n Application\n (1) 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.\n (2) ADC is hereby authorised to make the application.\n Directors\n (3) 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.\n Constitution\n (4) 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.\n\n#### 10 Funding contract before registration\n\n (1) During the period beginning at the commencing time and ending immediately before the conversion time:\n (a) the Minister, on behalf of the Commonwealth; and\n (b) at least 3 of the proposed directors, on behalf of Dairy Australia Limited;\n 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.\n (2) If such a contract is entered into, then, at the conversion time:\n (a) the Commonwealth and Dairy Australia Limited are taken to have entered into the contract under section 5 of the Dairy Produce Act 1986; and\n (b) Dairy Australia Limited becomes bound by the contract and entitled to its benefit.\n\n> Note: 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.\n\n#### 11 Registration as a company under the Corporations Act\n\n (1) At the conversion time, ASIC is taken to have registered ADC under section 601BD of the Corporations Act 2001:\n (a) as a company limited by guarantee; and\n (b) with the name “Dairy Australia Limited”.\n\n> Note: 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.\n\n (2) 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.\n\n#### 12 Operation of the Corporations Act after conversion time\n\n Nothing in this Part prevents, after the conversion time:\n (a) a change in the name of Dairy Australia Limited; or\n (b) a change in the structure, constitution or membership of Dairy Australia Limited.\n\n#### 13 Accounting records\n\n For the purposes of the Corporations Act 2001:\n (a) the accounting records kept by ADC before the conversion time under section 20 of the Commonwealth Authorities and Companies Act 1997 are to be treated as financial records of Dairy Australia Limited; and\n (b) an annual report and financial statements prepared in relation to a financial year by ADC under section 9 of the Commonwealth Authorities and Companies Act 1997 are to be treated as a financial report of Dairy Australia Limited for that financial year.\n\n#### 14 Dairy Australia Limited not to be a Commonwealth authority etc.\n\n (1) After the conversion time, Dairy Australia Limited is not taken, for the purposes of a law, to be:\n (a) a Commonwealth authority; or\n (b) established for a public purpose or for a purpose of the Commonwealth; or\n (c) a public authority or an agency or instrumentality of the Crown;\n (within the ordinary meaning of the expression concerned) unless a law expressly provides otherwise.\n (2) In this section:\n\n> law means:\n\n (a) an Act of the Commonwealth or of a State or Territory; or\n (b) regulations or any other instrument made under such an Act.\n\n \n\n### Division 3—Transfer of assets and liabilities of the Dairy Research and Development Corporation\n\n#### 15 Transfer of assets and liabilities\n\n (1) This section applies to:\n (a) the assets of DRDC; and\n (b) the liabilities of DRDC.\n (2) At the conversion time, the assets and liabilities cease to be assets and liabilities of DRDC and become assets and liabilities of Dairy Australia Limited without any conveyance, transfer or assignment.\n (3) Immediately after the conversion time, Dairy Australia Limited becomes DRDC’s successor in law in relation to the assets and liabilities.\n\n> Note: The effect of converting ADC into a Corporations Act company is not to create a new legal entity. The assets and liabilities of ADC immediately before the conversion time will remain assets and liabilities of Dairy Australia Limited immediately after that time.\n\n#### 16 Transfer of pending proceedings\n\n If any proceedings to which DRDC was a party:\n (a) were pending in any court or tribunal immediately before the conversion time; and\n (b) related, in whole or in part, to an asset or liability of DRDC;\n Dairy Australia Limited is, by force of this section, substituted for DRDC as a party to the proceedings to the extent to which the proceedings relate to the asset or liability.\n\n#### 17 Exemption from stamp duty etc.\n\n (1) No stamp duty or other tax is payable under a law of a State or Territory in respect of an exempt matter, or anything connected with an exempt matter.\n (2) The Minister may certify in writing:\n (a) that a specified matter is an exempt matter; or\n (b) that a specified thing was done in connection with a specified exempt matter.\n (3) In all courts, and for all purposes, a certificate under subsection (2) is evidence of the matter stated in the certificate.\n (4) In this section:\n\n> exempt matter means:\n\n (a) the transfer of an asset or a liability under section 15; or\n (b) the operation of this Division in any other respect.\n\n#### 18 References in certain instruments\n\n (1) This section applies to an instrument if:\n (a) it is in operation immediately before the conversion time; and\n (b) it is an instrument:\n (i) to which DRDC is a party; or\n (ii) which was given to, or in favour of, DRDC; or\n (iii) in which a reference is made to DRDC; or\n (iv) under which any right or liability accrues or may accrue to DRDC.\n (2) The instrument continues to have effect after the conversion time as if a reference in the instrument to DRDC were a reference to Dairy Australia Limited.\n (3) In this section:\n\n> instrument does not include regulations or any other instrument made under the Superannuation Act 1976 or the Superannuation Act 1990.\n\n#### 19 Certificates in relation to assets\n\n (1) This section applies if:\n (a) an asset vests in Dairy Australia Limited under this Division; and\n (b) there is lodged with an assets official a certificate that:\n (i) is signed by the Minister; and\n (ii) identifies the asset; and\n (iii) states that the asset has become vested in Dairy Australia Limited under this Division.\n (2) The assets official may:\n (a) deal with, and give effect to, the certificate as if it were a proper and appropriate instrument for transactions in relation to assets of that kind; and\n (b) make such entries in the register as are necessary having regard to the effect of this Division.\n (3) In this section:\n\n> assets official means the person or authority who, under a law of the Commonwealth, a State or a Territory, under a trust instrument or otherwise, has responsibility for keeping a register in relation to assets of the kind concerned.\n\n \n\n### Division 4—Transferring employees of dairy corporations\n\n#### Subdivision A—Preliminary\n\n#### 20 Transfer of staff\n\n At the conversion time, each employee of DRDC ceases to be employed by DRDC and is taken to have been engaged as an employee of Dairy Australia Limited.\n\n> Note: The effect of converting ADC into a Corporations Act company is not to create a new legal entity. The employees of ADC immediately before the conversion time will remain employees of Dairy Australia Limited immediately after that time.\n\n#### 21 Terms and conditions of transferring employees\n\n DRDC employees\n (1) A transferring DRDC employee is taken:\n (a) to have been engaged by Dairy Australia Limited on the same terms and conditions as those that applied to the person, immediately before the conversion time, as an employee of DRDC; and\n (b) to have accrued an entitlement to benefits, in connection with that engagement by Dairy Australia Limited, that is equivalent to the entitlement that the person had accrued, as an employee of DRDC, immediately before the conversion time.\n (2) The service of a transferring DRDC employee as an employee of Dairy Australia Limited is taken, for all purposes, to be continuous with his or her service as an employee of DRDC.\n (3) Except as provided by this Division, a transferring DRDC employee is not entitled to receive any payment or other benefit merely because of the operation of this Division.\n ADC employees\n (4) Except as provided by this Division, a transferring ADC employee is not entitled to receive any payment or other benefit merely because of the operation of this Part.\n Other\n (5) This section:\n (a) has effect subject to this Division; and\n (b) is not to be taken to be a law of the Commonwealth for the purposes of paragraph 170XA(2)(b) of the Workplace Relations Act 1996, as in force immediately before the reform commencement within the meaning given by that Act.\n\n#### 22 Variation of terms and conditions of employment\n\n (1) This Part does not prevent the terms and conditions of a transferring ADC employee’s employment, or a transferring DRDC employee’s employment, after the conversion time from being varied:\n (a) in accordance with those terms and conditions; or\n (b) by or under a law, award, determination or agreement.\n (2) In this section:\n\n> law means:\n\n (a) a law of the Commonwealth or of a State or Territory; or\n (b) regulations or any other instrument (other than an award, determination or industrial agreement) made under such a law.\n\n> vary, in relation to terms and conditions, includes:\n\n (a) omitting any of those terms and conditions; or\n (b) adding to those terms and conditions; or\n (c) substituting new terms or conditions for any of those terms and conditions.\n\n#### Subdivision B—Application of the Safety, Rehabilitation and Compensation Act\n\n#### 23 Expressions defined in SRC Act\n\n Expressions that are defined in the SRC Act and used in this Subdivision have the same meanings as in that Act.\n\n#### 24 Continued application of SRC Act\n\n The SRC Act continues to apply after the conversion time in relation to:\n (a) injuries suffered before that time by a transferring employee; and\n (b) loss of, or damage to, property incurred before that time by a transferring employee.\n\n#### 25 Commonwealth liability to meet certain SRC Act liabilities\n\n After the conversion time, the Commonwealth:\n (a) is liable to pay the liabilities of ADC under section 128A of the SRC Act; and\n (b) subject to section 26 of this Act, is taken to have been the employer of the transferring ADC employees before the conversion time for the purposes of the application of the SRC Act in relation to those liabilities.\n\n#### 26 SRC Act: rehabilitation provisions\n\n (1) If a transferring employee had, before the conversion time, suffered an injury resulting in an incapacity for work or an impairment, Dairy Australia Limited must, after that time, provide such reasonable co‑operation and assistance as the Commonwealth requires to enable the Commonwealth to fulfil its obligations under sections 36, 37, 38, 39, 41 and 41A of the SRC Act in relation to the transferring employee.\n (2) After the conversion time, Dairy Australia Limited is, for the purposes of section 40 of the SRC Act, taken to be the relevant employer of each transferring employee.\n (3) After the conversion time, Dairy Australia Limited is, for the purposes of applying section 71 of the SRC Act in relation to each transferring employee, taken to be a Commonwealth authority.\n\n#### 27 Premiums under the SRC Act\n\n (1) Comcare must, as soon as practicable after the conversion time, determine the amount (if any) by which the premium for ADC and DRDC for the transitional financial year should be reduced.\n (2) If:\n (a) an amount equal to the premium for ADC or DRDC for the transitional financial year has been paid under Division 4A of Part VII of the SRC Act; and\n (b) the amount of the premium is reduced as a result of a determination under subsection (1);\n the Secretary of the Department may, in writing, direct that an amount equal to the refund amount, or amounts that together add up to the refund amount, be paid to Dairy Australia Limited in accordance with the direction.\n (3) A direction by the Secretary of the Department may be given subject to such conditions (if any) about the use or expenditure of the amount or amounts to which it relates as are set out in the direction.\n (4) If the Secretary of the Department gives a direction, the amount or amounts to which it relates are payable to Dairy Australia Limited out of the Consolidated Revenue Fund, which is appropriated accordingly.\n (5) The payment of an amount under subsection (4) must be made in accordance with the direction, and is subject to the conditions (if any) set out in the direction.\n (6) A copy of each direction must be published in the Gazette within 14 days after the direction is given.\n (7) The direction is not invalid merely because it has not been published as required under subsection (6).\n (8) In this section:\n\n> refund amount means the amount equal to the difference between the amount of premium for ADC or DRDC for the transitional financial year and the amount of that premium as reduced because of a determination under subsection (1).\n\n> transitional financial year means the financial year in which the conversion time occurs.\n\n#### Subdivision C—Maternity leave provisions\n\n#### 28 Maternity leave starting before conversion time\n\n (1) This section applies in relation to a transferring employee if:\n (a) immediately before the conversion time, the employee was a female employee of ADC or DRDC who was on leave granted under the Maternity Leave Act; and\n (b) the employee would have been entitled to have remained on that leave after the conversion time if the employee had continued to be an employee of ADC or DRDC.\n (2) After the conversion time, the Maternity Leave Act continues to apply to the employee in relation to the confinement in respect of which the leave was granted as if Dairy Australia Limited were a prescribed authority for the purposes of that Act.\n\n#### 29 Maternity leave starting after conversion time\n\n (1) This section applies in relation to a transferring employee if:\n (a) immediately before the conversion time, the person was a female employee of ADC or DRDC; and\n (b) within 9 months after the conversion time, the employee would have been entitled to start leave granted under the Maternity Leave Act if the employee had continued to be an employee of ADC or DRDC.\n (2) After the conversion time, the Maternity Leave Act continues to apply to the employee in relation to the confinement in respect of which she would have been entitled to leave as if Dairy Australia Limited were a prescribed authority for the purposes of that Act.\n\n#### Subdivision D—Provisions relating to superannuation\n\n#### 30 Application of Superannuation Acts\n\n Dairy Australia Limited is not an approved authority for the purposes of the Superannuation Act 1976 or the Superannuation Act 1990.\n\n#### 31 Application of the Superannuation Benefits (Supervisory Mechanisms) Act 1990\n\n (1) The Minister must not declare Dairy Australia Limited to be a relevant body for the purposes of the Superannuation Benefits (Supervisory Mechanisms) Act 1990.\n (2) In this section:\n\n> Minister has the same meaning as in the Superannuation Benefits (Supervisory Mechanisms) Act 1990.\n\n#### Subdivision E—Provisions relating to long service leave\n\n#### 32 Expressions defined in Long Service Leave Act\n\n Expressions that are defined in the Long Service Leave Act and used in this Subdivision have the same meanings as in that Act.\n\n#### 33 Long service leave for employees with less than 10 years service\n\n (1) This section applies in relation to a transferring employee whose period of service for the purposes of the Long Service Leave Act immediately before the conversion time was less than 10 years.\n (2) This section does not apply in relation to an employee who dies.\n (3) If the employee continues to be employed by Dairy Australia Limited until his or her combined service period is at least 10 years, Dairy Australia Limited may grant the employee long service leave on full salary for a period up to the employee’s long service leave credit under subsection 36(1).\n (4) If:\n (a) the employee stops being an employee of Dairy Australia Limited on or after reaching the minimum retiring age, or because of retrenchment; and\n (b) the employee’s combined service period at the time when he or she stops being an employee of Dairy Australia Limited is at least one year;\n Dairy Australia Limited may grant the employee long service leave on full salary for a period up to the employee’s long service leave credit under subsection 36(1).\n (5) If a period of long service leave may be granted to an employee under subsection (3) or (4), Dairy Australia Limited may, if the employee asks in writing, grant the employee long service leave on half salary for a period not longer than twice the first‑mentioned period.\n (6) Long service leave granted in the circumstances set out in subsection (4) must be taken so as to end immediately before the employee stops being an employee.\n (7) For the purposes of this section, the rate of salary to be used in working out the full salary of an employee is the rate that would apply to the employee under section 20 of the Long Service Leave Act if:\n (a) that section applied to the employee; and\n (b) for the expression “section 16 or 17” in that section there were substituted the expression “section 33 of the Dairy Industry Service Reform Act 2003”.\n\n#### 34 Payments in lieu of long service leave for employees with less than 10 years service\n\n (1) This section applies to a transferring employee whose period of service for the purposes of the Long Service Leave Act immediately before the conversion time was less than 10 years.\n (2) This section does not apply in relation to an employee who dies.\n (3) If the employee stops being an employee of Dairy Australia Limited on or after the day on which his or her combined service period reaches 10 years, Dairy Australia Limited must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 36(2).\n (4) If:\n (a) the employee stops being an employee of Dairy Australia Limited, on or after reaching the minimum retiring age, or because of retrenchment; and\n (b) at that time the employee’s combined service period is at least one year;\n Dairy Australia Limited must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 36(2).\n (5) If:\n (a) the employee stops being an employee of Dairy Australia Limited; and\n (b) Dairy Australia Limited is satisfied that the employee left Dairy Australia Limited’s employment because of ill‑health that justified his or her so leaving; and\n (c) when the employee left, his or her combined service period was at least one year;\n Dairy Australia Limited must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 36(2).\n (6) For the purposes of this section, the rate of salary to be used in working out the full salary of an employee is the rate that would apply to the employee under section 21 of the Long Service Leave Act if:\n (a) that section applied to the employee; and\n (b) for the expression “sections 16 and 17” in that section there were substituted the expression “section 34 of the Dairy Industry Service Reform Act 2003”.\n\n#### 35 Payments on the death of an employee\n\n (1) This section applies to a transferring employee whose period of service for the purposes of the Long Service Leave Act immediately before the conversion time was less than 10 years.\n (2) If the employee dies after the conversion time and immediately before his or her death:\n (a) the employee was an employee of Dairy Australia Limited; and\n (b) the employee’s combined service period was at least one year; and\n (c) the employee had one or more dependants;\n Dairy Australia Limited must make a payment to the dependant or dependants.\n (3) The total amount of the payment or payments is the amount that would have been payable to the person under section 34 if, on the day of his or her death, the person had instead stopped being an employee of Dairy Australia Limited on or after reaching the minimum retiring age.\n (4) If subsection (2) applies, section 23 of the Long Service Leave Act has effect as if:\n (a) that section applied to an employee of Dairy Australia Limited; and\n (b) a reference in that section to the approving authority were a reference to Dairy Australia Limited; and\n (c) for the expression “this Act” in that section there were substituted the expression “section 35 of the Dairy Industry Service Reform Act 2003”; and\n (d) for the expression “subsection 16(7) or 17(5)” there were substituted the expression “section 35 of the Dairy Industry Service Reform Act 2003”.\n\n#### 36 Employee’s long service leave credit for the purposes of sections 33 and 34\n\n (1) For the purposes of section 33, an employee’s long service leave credit is equal to the long service leave credit that the employee would have under the Long Service Leave Act for the period:\n (a) beginning when the employee began his or her period of service; and\n (b) ending at the conversion time;\n if the employee had been retrenched at the conversion time.\n (2) For the purposes of section 34, an employee’s long service leave credit is the employee’s long service leave credit worked out under subsection (1) of this section reduced by any long service leave credit used under section 33.\n\n#### 37 Employees with at least 10 years service\n\n (1) This section applies to a transferring employee whose period of service for the purposes of the Long Service Leave Act immediately before the conversion time was at least 10 years.\n (2) Even though the employee ceases to be employed in Government Service for the purposes of the Long Service Leave Act, the employee’s accrued rights under that Act continue. However, the employee is not entitled to receive any payment because he or she ceases to be in Government Service.\n (3) The Long Service Leave Act has effect after the conversion time in relation to the employee’s rights under that Act that accrued before the conversion time, as if Dairy Australia Limited were an approving authority for the purposes of that Act.\n\n#### 38 Division not to affect post‑commencement long service leave rights\n\n (1) This Division does not affect an employee’s post‑commencement long service leave rights.\n (2) In this section:\n\n> law means:\n\n (a) a law of the Commonwealth or of a State or Territory; or\n (b) regulations or any other instrument (other than an award, determination or industrial agreement) made under such a law.\n\n> post‑commencement long service leave rights means any long service leave rights the employee acquires after the conversion time under an award, determination, industrial agreement or law (other than this Act).\n\n \n\n### Division 5—Other provisions\n\n#### 39 Operation of Archives Act\n\n (1) This Part does not authorise a Commonwealth record (within the meaning of the Archives Act 1983) to be transferred or otherwise dealt with except in accordance with the provisions of that Act.\n (2) A Commonwealth record (within the meaning of the Archives Act 1983) must not be transferred to a person under this Part unless the National Archives of Australia has given permission under paragraph 24(2)(b) of that Act.\n\n#### 40 Certificates etc. taken to be authentic etc.\n\n A document that appears to be a certificate or other document made or issued under this Part:\n (a) is taken to be such a certificate or other document; and\n (b) is taken to have been properly given;\n unless the contrary is established.\n\n \n\n## Part 4—Other provisions\n\n#### 41 Delegation\n\n (1) The Minister may, by writing, delegate all or any of his or her powers and functions under this Act to:\n (a) the Secretary of the Department; or\n (b) an SES employee, or acting SES employee, in the Department.\n (2) In exercising powers or functions under a delegation, the delegate must comply with any directions of the Minister.\n\n#### 42 Compensation for acquisition of property\n\n (1) If:\n (a) apart from this section, the operation of this Act would result in the acquisition of property from a person otherwise than on just terms; and\n (b) the acquisition would be invalid because of paragraph 51(xxxi) of the Constitution;\n the Commonwealth is liable to pay the person a reasonable amount of compensation in respect of the acquisition.\n (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n (3) In this section:\n\n> acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\n> just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\n#### 43 Regulations\n\n (1) The Governor‑General may make regulations prescribing matters:\n (a) required or permitted by this Act to be prescribed; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n (2) In particular, regulations may be made prescribing matters of a transitional nature (including prescribing any saving or application provisions) arising from:\n (a) the amendments or repeals made by this Act; and\n (b) the enactment of this Act.","sortOrder":36},{"sectionNumber":"28","sectionType":"section","heading":"Maternity leave starting before conversion time","content":"#### 28 Maternity leave starting before conversion time\n\n (1) This section applies in relation to a transferring employee if:\n (a) immediately before the conversion time, the employee was a female employee of ADC or DRDC who was on leave granted under the Maternity Leave Act; and\n (b) the employee would have been entitled to have remained on that leave after the conversion time if the employee had continued to be an employee of ADC or DRDC.\n (2) After the conversion time, the Maternity Leave Act continues to apply to the employee in relation to the confinement in respect of which the leave was granted as if Dairy Australia Limited were a prescribed authority for the purposes of that Act.","sortOrder":37},{"sectionNumber":"29","sectionType":"section","heading":"Maternity leave starting after conversion time","content":"#### 29 Maternity leave starting after conversion time\n\n (1) This section applies in relation to a transferring employee if:\n (a) immediately before the conversion time, the person was a female employee of ADC or DRDC; and\n (b) within 9 months after the conversion time, the employee would have been entitled to start leave granted under the Maternity Leave Act if the employee had continued to be an employee of ADC or DRDC.\n (2) After the conversion time, the Maternity Leave Act continues to apply to the employee in relation to the confinement in respect of which she would have been entitled to leave as if Dairy Australia Limited were a prescribed authority for the purposes of that Act.","sortOrder":38},{"sectionNumber":"Subdivision D","sectionType":"subdivision","heading":"Provisions relating to superannuation","content":"An Act relating to the dairy industry, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title \\[see Note 1\\]\n\n This Act may be cited as the Dairy Industry Service Reform Act 2003.\n\n#### 2 Commencement \\[see Note 1\\]\n\n (1) 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.\n\n```html\n

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
(s 2(1), Gazette 2003, S228)

\n```\n\n> Note: 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.\n\n (2) 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.\n\n#### 3 Schedule(s)\n\n 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.\n\n#### 4 Crown to be bound\n\n This Act binds the Crown in all its capacities.\n\n#### 5 External Territories\n\n This Act extends to all the external Territories.\n\n#### 6 Extraterritorial operation\n\n This Act applies both within and outside Australia.\n\n \n\n## Part 2—Provision of levy information to the Australian Dairy Corporation\n\n#### 7 Provision of levy information to the Australian Dairy Corporation\n\n Provision of information\n (1) 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.\n (2) A first purchaser must comply with a notice under subsection (1).\n Use or disclosure of information\n (3) The Australian Dairy Corporation may use or disclose information about producers provided to it under this section for any of the following purposes:\n (a) to inform the producers about the amendments to be made by this Act;\n (b) to make the producers aware of their eligibility to become a member of Dairy Australia Limited;\n (c) to invite the producers to make applications to the Corporation to become such a member;\n (d) to develop a list of those producers eligible to become such a member.\n Definitions\n (4) In this section:\n\n> ABN has the meaning given by section 41 of the A New Tax System (Australian Business Number) Act 1999.\n\n> first purchaser has the same meaning as in the Primary Industries Levies and Charges Collection Act 1991.\n\n> producer has the same meaning as in the Primary Industries Levies and Charges Collection Act 1991.\n\n> relevant dairy produce has the same meaning as in the Primary Industries (Excise) Levies Act 1999.\n\n \n\n## Part 3—Privatisation of dairy corporations\n\n### Division 1—Definitions\n\n#### 8 Definitions\n\n In this Part, unless the contrary intention appears:\n\n> ADC means the Australian Dairy Corporation as in existence before the conversion time.\n\n> ASIC means the Australian Securities and Investments Commission.\n\n> asset means:\n\n (a) any legal or equitable estate or interest in real or personal property, whether actual, contingent or prospective; and\n (b) any right, power, privilege or immunity, whether actual, contingent or prospective.\n\n> combined service period, in relation to a transferring employee, means the total of:\n\n (a) 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\n (b) the period during which the employee continues to be an employee of Dairy Australia Limited.\n\n> commencing time means the beginning of the day on which this Act receives the Royal Assent.\n\n> conversion time means the time when Schedule 1 commences.\n\n> Dairy Australia Limited means ADC, after it is registered under the Corporations Act 2001 as mentioned in section 11 of this Act.\n\n> DRDC means the Dairy Research and Development Corporation as in existence before the conversion time.\n\n> employee, in relation to DRDC, means a person who is an officer or employee of DRDC immediately before the conversion time.\n\n> liability means any liability, duty or obligation, whether actual, contingent or prospective.\n\n> Long Service Leave Act means the Long Service Leave (Commonwealth Employees) Act 1976, as in force immediately before the conversion time.\n\n> Maternity Leave Act means the Maternity Leave (Commonwealth Employees) Act 1973, as in force immediately before the conversion time.\n\n> 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.\n\n> SRC Act means the Safety, Rehabilitation and Compensation Act 1988, as in force immediately before the conversion time.\n\n> transferring ADC employee means a person who is an officer or employee of ADC immediately before the conversion time.\n\n> transferring DRDC employee means a person who is taken to have been engaged as an employee of Dairy Australia Limited under section 20.\n\n> transferring employee means a transferring ADC employee or a transferring DRDC employee.\n\n \n\n### Division 2—Registration of the Australian Dairy Corporation as a Corporations Act company\n\n#### 9 Application for registration\n\n Application\n (1) 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.\n (2) ADC is hereby authorised to make the application.\n Directors\n (3) 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.\n Constitution\n (4) 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.\n\n#### 10 Funding contract before registration\n\n (1) During the period beginning at the commencing time and ending immediately before the conversion time:\n (a) the Minister, on behalf of the Commonwealth; and\n (b) at least 3 of the proposed directors, on behalf of Dairy Australia Limited;\n 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.\n (2) If such a contract is entered into, then, at the conversion time:\n (a) the Commonwealth and Dairy Australia Limited are taken to have entered into the contract under section 5 of the Dairy Produce Act 1986; and\n (b) Dairy Australia Limited becomes bound by the contract and entitled to its benefit.\n\n> Note: 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.\n\n#### 11 Registration as a company under the Corporations Act\n\n (1) At the conversion time, ASIC is taken to have registered ADC under section 601BD of the Corporations Act 2001:\n (a) as a company limited by guarantee; and\n (b) with the name “Dairy Australia Limited”.\n\n> Note: 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.\n\n (2) 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.\n\n#### 12 Operation of the Corporations Act after conversion time\n\n Nothing in this Part prevents, after the conversion time:\n (a) a change in the name of Dairy Australia Limited; or\n (b) a change in the structure, constitution or membership of Dairy Australia Limited.\n\n#### 13 Accounting records\n\n For the purposes of the Corporations Act 2001:\n (a) the accounting records kept by ADC before the conversion time under section 20 of the Commonwealth Authorities and Companies Act 1997 are to be treated as financial records of Dairy Australia Limited; and\n (b) an annual report and financial statements prepared in relation to a financial year by ADC under section 9 of the Commonwealth Authorities and Companies Act 1997 are to be treated as a financial report of Dairy Australia Limited for that financial year.\n\n#### 14 Dairy Australia Limited not to be a Commonwealth authority etc.\n\n (1) After the conversion time, Dairy Australia Limited is not taken, for the purposes of a law, to be:\n (a) a Commonwealth authority; or\n (b) established for a public purpose or for a purpose of the Commonwealth; or\n (c) a public authority or an agency or instrumentality of the Crown;\n (within the ordinary meaning of the expression concerned) unless a law expressly provides otherwise.\n (2) In this section:\n\n> law means:\n\n (a) an Act of the Commonwealth or of a State or Territory; or\n (b) regulations or any other instrument made under such an Act.\n\n \n\n### Division 3—Transfer of assets and liabilities of the Dairy Research and Development Corporation\n\n#### 15 Transfer of assets and liabilities\n\n (1) This section applies to:\n (a) the assets of DRDC; and\n (b) the liabilities of DRDC.\n (2) At the conversion time, the assets and liabilities cease to be assets and liabilities of DRDC and become assets and liabilities of Dairy Australia Limited without any conveyance, transfer or assignment.\n (3) Immediately after the conversion time, Dairy Australia Limited becomes DRDC’s successor in law in relation to the assets and liabilities.\n\n> Note: The effect of converting ADC into a Corporations Act company is not to create a new legal entity. The assets and liabilities of ADC immediately before the conversion time will remain assets and liabilities of Dairy Australia Limited immediately after that time.\n\n#### 16 Transfer of pending proceedings\n\n If any proceedings to which DRDC was a party:\n (a) were pending in any court or tribunal immediately before the conversion time; and\n (b) related, in whole or in part, to an asset or liability of DRDC;\n Dairy Australia Limited is, by force of this section, substituted for DRDC as a party to the proceedings to the extent to which the proceedings relate to the asset or liability.\n\n#### 17 Exemption from stamp duty etc.\n\n (1) No stamp duty or other tax is payable under a law of a State or Territory in respect of an exempt matter, or anything connected with an exempt matter.\n (2) The Minister may certify in writing:\n (a) that a specified matter is an exempt matter; or\n (b) that a specified thing was done in connection with a specified exempt matter.\n (3) In all courts, and for all purposes, a certificate under subsection (2) is evidence of the matter stated in the certificate.\n (4) In this section:\n\n> exempt matter means:\n\n (a) the transfer of an asset or a liability under section 15; or\n (b) the operation of this Division in any other respect.\n\n#### 18 References in certain instruments\n\n (1) This section applies to an instrument if:\n (a) it is in operation immediately before the conversion time; and\n (b) it is an instrument:\n (i) to which DRDC is a party; or\n (ii) which was given to, or in favour of, DRDC; or\n (iii) in which a reference is made to DRDC; or\n (iv) under which any right or liability accrues or may accrue to DRDC.\n (2) The instrument continues to have effect after the conversion time as if a reference in the instrument to DRDC were a reference to Dairy Australia Limited.\n (3) In this section:\n\n> instrument does not include regulations or any other instrument made under the Superannuation Act 1976 or the Superannuation Act 1990.\n\n#### 19 Certificates in relation to assets\n\n (1) This section applies if:\n (a) an asset vests in Dairy Australia Limited under this Division; and\n (b) there is lodged with an assets official a certificate that:\n (i) is signed by the Minister; and\n (ii) identifies the asset; and\n (iii) states that the asset has become vested in Dairy Australia Limited under this Division.\n (2) The assets official may:\n (a) deal with, and give effect to, the certificate as if it were a proper and appropriate instrument for transactions in relation to assets of that kind; and\n (b) make such entries in the register as are necessary having regard to the effect of this Division.\n (3) In this section:\n\n> assets official means the person or authority who, under a law of the Commonwealth, a State or a Territory, under a trust instrument or otherwise, has responsibility for keeping a register in relation to assets of the kind concerned.\n\n \n\n### Division 4—Transferring employees of dairy corporations\n\n#### Subdivision A—Preliminary\n\n#### 20 Transfer of staff\n\n At the conversion time, each employee of DRDC ceases to be employed by DRDC and is taken to have been engaged as an employee of Dairy Australia Limited.\n\n> Note: The effect of converting ADC into a Corporations Act company is not to create a new legal entity. The employees of ADC immediately before the conversion time will remain employees of Dairy Australia Limited immediately after that time.\n\n#### 21 Terms and conditions of transferring employees\n\n DRDC employees\n (1) A transferring DRDC employee is taken:\n (a) to have been engaged by Dairy Australia Limited on the same terms and conditions as those that applied to the person, immediately before the conversion time, as an employee of DRDC; and\n (b) to have accrued an entitlement to benefits, in connection with that engagement by Dairy Australia Limited, that is equivalent to the entitlement that the person had accrued, as an employee of DRDC, immediately before the conversion time.\n (2) The service of a transferring DRDC employee as an employee of Dairy Australia Limited is taken, for all purposes, to be continuous with his or her service as an employee of DRDC.\n (3) Except as provided by this Division, a transferring DRDC employee is not entitled to receive any payment or other benefit merely because of the operation of this Division.\n ADC employees\n (4) Except as provided by this Division, a transferring ADC employee is not entitled to receive any payment or other benefit merely because of the operation of this Part.\n Other\n (5) This section:\n (a) has effect subject to this Division; and\n (b) is not to be taken to be a law of the Commonwealth for the purposes of paragraph 170XA(2)(b) of the Workplace Relations Act 1996, as in force immediately before the reform commencement within the meaning given by that Act.\n\n#### 22 Variation of terms and conditions of employment\n\n (1) This Part does not prevent the terms and conditions of a transferring ADC employee’s employment, or a transferring DRDC employee’s employment, after the conversion time from being varied:\n (a) in accordance with those terms and conditions; or\n (b) by or under a law, award, determination or agreement.\n (2) In this section:\n\n> law means:\n\n (a) a law of the Commonwealth or of a State or Territory; or\n (b) regulations or any other instrument (other than an award, determination or industrial agreement) made under such a law.\n\n> vary, in relation to terms and conditions, includes:\n\n (a) omitting any of those terms and conditions; or\n (b) adding to those terms and conditions; or\n (c) substituting new terms or conditions for any of those terms and conditions.\n\n#### Subdivision B—Application of the Safety, Rehabilitation and Compensation Act\n\n#### 23 Expressions defined in SRC Act\n\n Expressions that are defined in the SRC Act and used in this Subdivision have the same meanings as in that Act.\n\n#### 24 Continued application of SRC Act\n\n The SRC Act continues to apply after the conversion time in relation to:\n (a) injuries suffered before that time by a transferring employee; and\n (b) loss of, or damage to, property incurred before that time by a transferring employee.\n\n#### 25 Commonwealth liability to meet certain SRC Act liabilities\n\n After the conversion time, the Commonwealth:\n (a) is liable to pay the liabilities of ADC under section 128A of the SRC Act; and\n (b) subject to section 26 of this Act, is taken to have been the employer of the transferring ADC employees before the conversion time for the purposes of the application of the SRC Act in relation to those liabilities.\n\n#### 26 SRC Act: rehabilitation provisions\n\n (1) If a transferring employee had, before the conversion time, suffered an injury resulting in an incapacity for work or an impairment, Dairy Australia Limited must, after that time, provide such reasonable co‑operation and assistance as the Commonwealth requires to enable the Commonwealth to fulfil its obligations under sections 36, 37, 38, 39, 41 and 41A of the SRC Act in relation to the transferring employee.\n (2) After the conversion time, Dairy Australia Limited is, for the purposes of section 40 of the SRC Act, taken to be the relevant employer of each transferring employee.\n (3) After the conversion time, Dairy Australia Limited is, for the purposes of applying section 71 of the SRC Act in relation to each transferring employee, taken to be a Commonwealth authority.\n\n#### 27 Premiums under the SRC Act\n\n (1) Comcare must, as soon as practicable after the conversion time, determine the amount (if any) by which the premium for ADC and DRDC for the transitional financial year should be reduced.\n (2) If:\n (a) an amount equal to the premium for ADC or DRDC for the transitional financial year has been paid under Division 4A of Part VII of the SRC Act; and\n (b) the amount of the premium is reduced as a result of a determination under subsection (1);\n the Secretary of the Department may, in writing, direct that an amount equal to the refund amount, or amounts that together add up to the refund amount, be paid to Dairy Australia Limited in accordance with the direction.\n (3) A direction by the Secretary of the Department may be given subject to such conditions (if any) about the use or expenditure of the amount or amounts to which it relates as are set out in the direction.\n (4) If the Secretary of the Department gives a direction, the amount or amounts to which it relates are payable to Dairy Australia Limited out of the Consolidated Revenue Fund, which is appropriated accordingly.\n (5) The payment of an amount under subsection (4) must be made in accordance with the direction, and is subject to the conditions (if any) set out in the direction.\n (6) A copy of each direction must be published in the Gazette within 14 days after the direction is given.\n (7) The direction is not invalid merely because it has not been published as required under subsection (6).\n (8) In this section:\n\n> refund amount means the amount equal to the difference between the amount of premium for ADC or DRDC for the transitional financial year and the amount of that premium as reduced because of a determination under subsection (1).\n\n> transitional financial year means the financial year in which the conversion time occurs.\n\n#### Subdivision C—Maternity leave provisions\n\n#### 28 Maternity leave starting before conversion time\n\n (1) This section applies in relation to a transferring employee if:\n (a) immediately before the conversion time, the employee was a female employee of ADC or DRDC who was on leave granted under the Maternity Leave Act; and\n (b) the employee would have been entitled to have remained on that leave after the conversion time if the employee had continued to be an employee of ADC or DRDC.\n (2) After the conversion time, the Maternity Leave Act continues to apply to the employee in relation to the confinement in respect of which the leave was granted as if Dairy Australia Limited were a prescribed authority for the purposes of that Act.\n\n#### 29 Maternity leave starting after conversion time\n\n (1) This section applies in relation to a transferring employee if:\n (a) immediately before the conversion time, the person was a female employee of ADC or DRDC; and\n (b) within 9 months after the conversion time, the employee would have been entitled to start leave granted under the Maternity Leave Act if the employee had continued to be an employee of ADC or DRDC.\n (2) After the conversion time, the Maternity Leave Act continues to apply to the employee in relation to the confinement in respect of which she would have been entitled to leave as if Dairy Australia Limited were a prescribed authority for the purposes of that Act.\n\n#### Subdivision D—Provisions relating to superannuation\n\n#### 30 Application of Superannuation Acts\n\n Dairy Australia Limited is not an approved authority for the purposes of the Superannuation Act 1976 or the Superannuation Act 1990.\n\n#### 31 Application of the Superannuation Benefits (Supervisory Mechanisms) Act 1990\n\n (1) The Minister must not declare Dairy Australia Limited to be a relevant body for the purposes of the Superannuation Benefits (Supervisory Mechanisms) Act 1990.\n (2) In this section:\n\n> Minister has the same meaning as in the Superannuation Benefits (Supervisory Mechanisms) Act 1990.\n\n#### Subdivision E—Provisions relating to long service leave\n\n#### 32 Expressions defined in Long Service Leave Act\n\n Expressions that are defined in the Long Service Leave Act and used in this Subdivision have the same meanings as in that Act.\n\n#### 33 Long service leave for employees with less than 10 years service\n\n (1) This section applies in relation to a transferring employee whose period of service for the purposes of the Long Service Leave Act immediately before the conversion time was less than 10 years.\n (2) This section does not apply in relation to an employee who dies.\n (3) If the employee continues to be employed by Dairy Australia Limited until his or her combined service period is at least 10 years, Dairy Australia Limited may grant the employee long service leave on full salary for a period up to the employee’s long service leave credit under subsection 36(1).\n (4) If:\n (a) the employee stops being an employee of Dairy Australia Limited on or after reaching the minimum retiring age, or because of retrenchment; and\n (b) the employee’s combined service period at the time when he or she stops being an employee of Dairy Australia Limited is at least one year;\n Dairy Australia Limited may grant the employee long service leave on full salary for a period up to the employee’s long service leave credit under subsection 36(1).\n (5) If a period of long service leave may be granted to an employee under subsection (3) or (4), Dairy Australia Limited may, if the employee asks in writing, grant the employee long service leave on half salary for a period not longer than twice the first‑mentioned period.\n (6) Long service leave granted in the circumstances set out in subsection (4) must be taken so as to end immediately before the employee stops being an employee.\n (7) For the purposes of this section, the rate of salary to be used in working out the full salary of an employee is the rate that would apply to the employee under section 20 of the Long Service Leave Act if:\n (a) that section applied to the employee; and\n (b) for the expression “section 16 or 17” in that section there were substituted the expression “section 33 of the Dairy Industry Service Reform Act 2003”.\n\n#### 34 Payments in lieu of long service leave for employees with less than 10 years service\n\n (1) This section applies to a transferring employee whose period of service for the purposes of the Long Service Leave Act immediately before the conversion time was less than 10 years.\n (2) This section does not apply in relation to an employee who dies.\n (3) If the employee stops being an employee of Dairy Australia Limited on or after the day on which his or her combined service period reaches 10 years, Dairy Australia Limited must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 36(2).\n (4) If:\n (a) the employee stops being an employee of Dairy Australia Limited, on or after reaching the minimum retiring age, or because of retrenchment; and\n (b) at that time the employee’s combined service period is at least one year;\n Dairy Australia Limited must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 36(2).\n (5) If:\n (a) the employee stops being an employee of Dairy Australia Limited; and\n (b) Dairy Australia Limited is satisfied that the employee left Dairy Australia Limited’s employment because of ill‑health that justified his or her so leaving; and\n (c) when the employee left, his or her combined service period was at least one year;\n Dairy Australia Limited must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 36(2).\n (6) For the purposes of this section, the rate of salary to be used in working out the full salary of an employee is the rate that would apply to the employee under section 21 of the Long Service Leave Act if:\n (a) that section applied to the employee; and\n (b) for the expression “sections 16 and 17” in that section there were substituted the expression “section 34 of the Dairy Industry Service Reform Act 2003”.\n\n#### 35 Payments on the death of an employee\n\n (1) This section applies to a transferring employee whose period of service for the purposes of the Long Service Leave Act immediately before the conversion time was less than 10 years.\n (2) If the employee dies after the conversion time and immediately before his or her death:\n (a) the employee was an employee of Dairy Australia Limited; and\n (b) the employee’s combined service period was at least one year; and\n (c) the employee had one or more dependants;\n Dairy Australia Limited must make a payment to the dependant or dependants.\n (3) The total amount of the payment or payments is the amount that would have been payable to the person under section 34 if, on the day of his or her death, the person had instead stopped being an employee of Dairy Australia Limited on or after reaching the minimum retiring age.\n (4) If subsection (2) applies, section 23 of the Long Service Leave Act has effect as if:\n (a) that section applied to an employee of Dairy Australia Limited; and\n (b) a reference in that section to the approving authority were a reference to Dairy Australia Limited; and\n (c) for the expression “this Act” in that section there were substituted the expression “section 35 of the Dairy Industry Service Reform Act 2003”; and\n (d) for the expression “subsection 16(7) or 17(5)” there were substituted the expression “section 35 of the Dairy Industry Service Reform Act 2003”.\n\n#### 36 Employee’s long service leave credit for the purposes of sections 33 and 34\n\n (1) For the purposes of section 33, an employee’s long service leave credit is equal to the long service leave credit that the employee would have under the Long Service Leave Act for the period:\n (a) beginning when the employee began his or her period of service; and\n (b) ending at the conversion time;\n if the employee had been retrenched at the conversion time.\n (2) For the purposes of section 34, an employee’s long service leave credit is the employee’s long service leave credit worked out under subsection (1) of this section reduced by any long service leave credit used under section 33.\n\n#### 37 Employees with at least 10 years service\n\n (1) This section applies to a transferring employee whose period of service for the purposes of the Long Service Leave Act immediately before the conversion time was at least 10 years.\n (2) Even though the employee ceases to be employed in Government Service for the purposes of the Long Service Leave Act, the employee’s accrued rights under that Act continue. However, the employee is not entitled to receive any payment because he or she ceases to be in Government Service.\n (3) The Long Service Leave Act has effect after the conversion time in relation to the employee’s rights under that Act that accrued before the conversion time, as if Dairy Australia Limited were an approving authority for the purposes of that Act.\n\n#### 38 Division not to affect post‑commencement long service leave rights\n\n (1) This Division does not affect an employee’s post‑commencement long service leave rights.\n (2) In this section:\n\n> law means:\n\n (a) a law of the Commonwealth or of a State or Territory; or\n (b) regulations or any other instrument (other than an award, determination or industrial agreement) made under such a law.\n\n> post‑commencement long service leave rights means any long service leave rights the employee acquires after the conversion time under an award, determination, industrial agreement or law (other than this Act).\n\n \n\n### Division 5—Other provisions\n\n#### 39 Operation of Archives Act\n\n (1) This Part does not authorise a Commonwealth record (within the meaning of the Archives Act 1983) to be transferred or otherwise dealt with except in accordance with the provisions of that Act.\n (2) A Commonwealth record (within the meaning of the Archives Act 1983) must not be transferred to a person under this Part unless the National Archives of Australia has given permission under paragraph 24(2)(b) of that Act.\n\n#### 40 Certificates etc. taken to be authentic etc.\n\n A document that appears to be a certificate or other document made or issued under this Part:\n (a) is taken to be such a certificate or other document; and\n (b) is taken to have been properly given;\n unless the contrary is established.\n\n \n\n## Part 4—Other provisions\n\n#### 41 Delegation\n\n (1) The Minister may, by writing, delegate all or any of his or her powers and functions under this Act to:\n (a) the Secretary of the Department; or\n (b) an SES employee, or acting SES employee, in the Department.\n (2) In exercising powers or functions under a delegation, the delegate must comply with any directions of the Minister.\n\n#### 42 Compensation for acquisition of property\n\n (1) If:\n (a) apart from this section, the operation of this Act would result in the acquisition of property from a person otherwise than on just terms; and\n (b) the acquisition would be invalid because of paragraph 51(xxxi) of the Constitution;\n the Commonwealth is liable to pay the person a reasonable amount of compensation in respect of the acquisition.\n (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n (3) In this section:\n\n> acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\n> just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\n#### 43 Regulations\n\n (1) The Governor‑General may make regulations prescribing matters:\n (a) required or permitted by this Act to be prescribed; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n (2) In particular, regulations may be made prescribing matters of a transitional nature (including prescribing any saving or application provisions) arising from:\n (a) the amendments or repeals made by this Act; and\n (b) the enactment of this Act.","sortOrder":39},{"sectionNumber":"30","sectionType":"section","heading":"Application of Superannuation Acts","content":"#### 30 Application of Superannuation Acts\n\n Dairy Australia Limited is not an approved authority for the purposes of the Superannuation Act 1976 or the Superannuation Act 1990.","sortOrder":40},{"sectionNumber":"31","sectionType":"section","heading":"Application of the Superannuation Benefits (Supervisory Mechanisms) Act 1990","content":"#### 31 Application of the Superannuation Benefits (Supervisory Mechanisms) Act 1990\n\n (1) The Minister must not declare Dairy Australia Limited to be a relevant body for the purposes of the Superannuation Benefits (Supervisory Mechanisms) Act 1990.\n (2) In this section:\n\n> Minister has the same meaning as in the Superannuation Benefits (Supervisory Mechanisms) Act 1990.","sortOrder":41},{"sectionNumber":"Subdivision E","sectionType":"subdivision","heading":"Provisions relating to long service leave","content":"An Act relating to the dairy industry, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title \\[see Note 1\\]\n\n This Act may be cited as the Dairy Industry Service Reform Act 2003.\n\n#### 2 Commencement \\[see Note 1\\]\n\n (1) 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.\n\n```html\n

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
(s 2(1), Gazette 2003, S228)

\n```\n\n> Note: 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.\n\n (2) 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.\n\n#### 3 Schedule(s)\n\n 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.\n\n#### 4 Crown to be bound\n\n This Act binds the Crown in all its capacities.\n\n#### 5 External Territories\n\n This Act extends to all the external Territories.\n\n#### 6 Extraterritorial operation\n\n This Act applies both within and outside Australia.\n\n \n\n## Part 2—Provision of levy information to the Australian Dairy Corporation\n\n#### 7 Provision of levy information to the Australian Dairy Corporation\n\n Provision of information\n (1) 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.\n (2) A first purchaser must comply with a notice under subsection (1).\n Use or disclosure of information\n (3) The Australian Dairy Corporation may use or disclose information about producers provided to it under this section for any of the following purposes:\n (a) to inform the producers about the amendments to be made by this Act;\n (b) to make the producers aware of their eligibility to become a member of Dairy Australia Limited;\n (c) to invite the producers to make applications to the Corporation to become such a member;\n (d) to develop a list of those producers eligible to become such a member.\n Definitions\n (4) In this section:\n\n> ABN has the meaning given by section 41 of the A New Tax System (Australian Business Number) Act 1999.\n\n> first purchaser has the same meaning as in the Primary Industries Levies and Charges Collection Act 1991.\n\n> producer has the same meaning as in the Primary Industries Levies and Charges Collection Act 1991.\n\n> relevant dairy produce has the same meaning as in the Primary Industries (Excise) Levies Act 1999.\n\n \n\n## Part 3—Privatisation of dairy corporations\n\n### Division 1—Definitions\n\n#### 8 Definitions\n\n In this Part, unless the contrary intention appears:\n\n> ADC means the Australian Dairy Corporation as in existence before the conversion time.\n\n> ASIC means the Australian Securities and Investments Commission.\n\n> asset means:\n\n (a) any legal or equitable estate or interest in real or personal property, whether actual, contingent or prospective; and\n (b) any right, power, privilege or immunity, whether actual, contingent or prospective.\n\n> combined service period, in relation to a transferring employee, means the total of:\n\n (a) 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\n (b) the period during which the employee continues to be an employee of Dairy Australia Limited.\n\n> commencing time means the beginning of the day on which this Act receives the Royal Assent.\n\n> conversion time means the time when Schedule 1 commences.\n\n> Dairy Australia Limited means ADC, after it is registered under the Corporations Act 2001 as mentioned in section 11 of this Act.\n\n> DRDC means the Dairy Research and Development Corporation as in existence before the conversion time.\n\n> employee, in relation to DRDC, means a person who is an officer or employee of DRDC immediately before the conversion time.\n\n> liability means any liability, duty or obligation, whether actual, contingent or prospective.\n\n> Long Service Leave Act means the Long Service Leave (Commonwealth Employees) Act 1976, as in force immediately before the conversion time.\n\n> Maternity Leave Act means the Maternity Leave (Commonwealth Employees) Act 1973, as in force immediately before the conversion time.\n\n> 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.\n\n> SRC Act means the Safety, Rehabilitation and Compensation Act 1988, as in force immediately before the conversion time.\n\n> transferring ADC employee means a person who is an officer or employee of ADC immediately before the conversion time.\n\n> transferring DRDC employee means a person who is taken to have been engaged as an employee of Dairy Australia Limited under section 20.\n\n> transferring employee means a transferring ADC employee or a transferring DRDC employee.\n\n \n\n### Division 2—Registration of the Australian Dairy Corporation as a Corporations Act company\n\n#### 9 Application for registration\n\n Application\n (1) 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.\n (2) ADC is hereby authorised to make the application.\n Directors\n (3) 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.\n Constitution\n (4) 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.\n\n#### 10 Funding contract before registration\n\n (1) During the period beginning at the commencing time and ending immediately before the conversion time:\n (a) the Minister, on behalf of the Commonwealth; and\n (b) at least 3 of the proposed directors, on behalf of Dairy Australia Limited;\n 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.\n (2) If such a contract is entered into, then, at the conversion time:\n (a) the Commonwealth and Dairy Australia Limited are taken to have entered into the contract under section 5 of the Dairy Produce Act 1986; and\n (b) Dairy Australia Limited becomes bound by the contract and entitled to its benefit.\n\n> Note: 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.\n\n#### 11 Registration as a company under the Corporations Act\n\n (1) At the conversion time, ASIC is taken to have registered ADC under section 601BD of the Corporations Act 2001:\n (a) as a company limited by guarantee; and\n (b) with the name “Dairy Australia Limited”.\n\n> Note: 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.\n\n (2) 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.\n\n#### 12 Operation of the Corporations Act after conversion time\n\n Nothing in this Part prevents, after the conversion time:\n (a) a change in the name of Dairy Australia Limited; or\n (b) a change in the structure, constitution or membership of Dairy Australia Limited.\n\n#### 13 Accounting records\n\n For the purposes of the Corporations Act 2001:\n (a) the accounting records kept by ADC before the conversion time under section 20 of the Commonwealth Authorities and Companies Act 1997 are to be treated as financial records of Dairy Australia Limited; and\n (b) an annual report and financial statements prepared in relation to a financial year by ADC under section 9 of the Commonwealth Authorities and Companies Act 1997 are to be treated as a financial report of Dairy Australia Limited for that financial year.\n\n#### 14 Dairy Australia Limited not to be a Commonwealth authority etc.\n\n (1) After the conversion time, Dairy Australia Limited is not taken, for the purposes of a law, to be:\n (a) a Commonwealth authority; or\n (b) established for a public purpose or for a purpose of the Commonwealth; or\n (c) a public authority or an agency or instrumentality of the Crown;\n (within the ordinary meaning of the expression concerned) unless a law expressly provides otherwise.\n (2) In this section:\n\n> law means:\n\n (a) an Act of the Commonwealth or of a State or Territory; or\n (b) regulations or any other instrument made under such an Act.\n\n \n\n### Division 3—Transfer of assets and liabilities of the Dairy Research and Development Corporation\n\n#### 15 Transfer of assets and liabilities\n\n (1) This section applies to:\n (a) the assets of DRDC; and\n (b) the liabilities of DRDC.\n (2) At the conversion time, the assets and liabilities cease to be assets and liabilities of DRDC and become assets and liabilities of Dairy Australia Limited without any conveyance, transfer or assignment.\n (3) Immediately after the conversion time, Dairy Australia Limited becomes DRDC’s successor in law in relation to the assets and liabilities.\n\n> Note: The effect of converting ADC into a Corporations Act company is not to create a new legal entity. The assets and liabilities of ADC immediately before the conversion time will remain assets and liabilities of Dairy Australia Limited immediately after that time.\n\n#### 16 Transfer of pending proceedings\n\n If any proceedings to which DRDC was a party:\n (a) were pending in any court or tribunal immediately before the conversion time; and\n (b) related, in whole or in part, to an asset or liability of DRDC;\n Dairy Australia Limited is, by force of this section, substituted for DRDC as a party to the proceedings to the extent to which the proceedings relate to the asset or liability.\n\n#### 17 Exemption from stamp duty etc.\n\n (1) No stamp duty or other tax is payable under a law of a State or Territory in respect of an exempt matter, or anything connected with an exempt matter.\n (2) The Minister may certify in writing:\n (a) that a specified matter is an exempt matter; or\n (b) that a specified thing was done in connection with a specified exempt matter.\n (3) In all courts, and for all purposes, a certificate under subsection (2) is evidence of the matter stated in the certificate.\n (4) In this section:\n\n> exempt matter means:\n\n (a) the transfer of an asset or a liability under section 15; or\n (b) the operation of this Division in any other respect.\n\n#### 18 References in certain instruments\n\n (1) This section applies to an instrument if:\n (a) it is in operation immediately before the conversion time; and\n (b) it is an instrument:\n (i) to which DRDC is a party; or\n (ii) which was given to, or in favour of, DRDC; or\n (iii) in which a reference is made to DRDC; or\n (iv) under which any right or liability accrues or may accrue to DRDC.\n (2) The instrument continues to have effect after the conversion time as if a reference in the instrument to DRDC were a reference to Dairy Australia Limited.\n (3) In this section:\n\n> instrument does not include regulations or any other instrument made under the Superannuation Act 1976 or the Superannuation Act 1990.\n\n#### 19 Certificates in relation to assets\n\n (1) This section applies if:\n (a) an asset vests in Dairy Australia Limited under this Division; and\n (b) there is lodged with an assets official a certificate that:\n (i) is signed by the Minister; and\n (ii) identifies the asset; and\n (iii) states that the asset has become vested in Dairy Australia Limited under this Division.\n (2) The assets official may:\n (a) deal with, and give effect to, the certificate as if it were a proper and appropriate instrument for transactions in relation to assets of that kind; and\n (b) make such entries in the register as are necessary having regard to the effect of this Division.\n (3) In this section:\n\n> assets official means the person or authority who, under a law of the Commonwealth, a State or a Territory, under a trust instrument or otherwise, has responsibility for keeping a register in relation to assets of the kind concerned.\n\n \n\n### Division 4—Transferring employees of dairy corporations\n\n#### Subdivision A—Preliminary\n\n#### 20 Transfer of staff\n\n At the conversion time, each employee of DRDC ceases to be employed by DRDC and is taken to have been engaged as an employee of Dairy Australia Limited.\n\n> Note: The effect of converting ADC into a Corporations Act company is not to create a new legal entity. The employees of ADC immediately before the conversion time will remain employees of Dairy Australia Limited immediately after that time.\n\n#### 21 Terms and conditions of transferring employees\n\n DRDC employees\n (1) A transferring DRDC employee is taken:\n (a) to have been engaged by Dairy Australia Limited on the same terms and conditions as those that applied to the person, immediately before the conversion time, as an employee of DRDC; and\n (b) to have accrued an entitlement to benefits, in connection with that engagement by Dairy Australia Limited, that is equivalent to the entitlement that the person had accrued, as an employee of DRDC, immediately before the conversion time.\n (2) The service of a transferring DRDC employee as an employee of Dairy Australia Limited is taken, for all purposes, to be continuous with his or her service as an employee of DRDC.\n (3) Except as provided by this Division, a transferring DRDC employee is not entitled to receive any payment or other benefit merely because of the operation of this Division.\n ADC employees\n (4) Except as provided by this Division, a transferring ADC employee is not entitled to receive any payment or other benefit merely because of the operation of this Part.\n Other\n (5) This section:\n (a) has effect subject to this Division; and\n (b) is not to be taken to be a law of the Commonwealth for the purposes of paragraph 170XA(2)(b) of the Workplace Relations Act 1996, as in force immediately before the reform commencement within the meaning given by that Act.\n\n#### 22 Variation of terms and conditions of employment\n\n (1) This Part does not prevent the terms and conditions of a transferring ADC employee’s employment, or a transferring DRDC employee’s employment, after the conversion time from being varied:\n (a) in accordance with those terms and conditions; or\n (b) by or under a law, award, determination or agreement.\n (2) In this section:\n\n> law means:\n\n (a) a law of the Commonwealth or of a State or Territory; or\n (b) regulations or any other instrument (other than an award, determination or industrial agreement) made under such a law.\n\n> vary, in relation to terms and conditions, includes:\n\n (a) omitting any of those terms and conditions; or\n (b) adding to those terms and conditions; or\n (c) substituting new terms or conditions for any of those terms and conditions.\n\n#### Subdivision B—Application of the Safety, Rehabilitation and Compensation Act\n\n#### 23 Expressions defined in SRC Act\n\n Expressions that are defined in the SRC Act and used in this Subdivision have the same meanings as in that Act.\n\n#### 24 Continued application of SRC Act\n\n The SRC Act continues to apply after the conversion time in relation to:\n (a) injuries suffered before that time by a transferring employee; and\n (b) loss of, or damage to, property incurred before that time by a transferring employee.\n\n#### 25 Commonwealth liability to meet certain SRC Act liabilities\n\n After the conversion time, the Commonwealth:\n (a) is liable to pay the liabilities of ADC under section 128A of the SRC Act; and\n (b) subject to section 26 of this Act, is taken to have been the employer of the transferring ADC employees before the conversion time for the purposes of the application of the SRC Act in relation to those liabilities.\n\n#### 26 SRC Act: rehabilitation provisions\n\n (1) If a transferring employee had, before the conversion time, suffered an injury resulting in an incapacity for work or an impairment, Dairy Australia Limited must, after that time, provide such reasonable co‑operation and assistance as the Commonwealth requires to enable the Commonwealth to fulfil its obligations under sections 36, 37, 38, 39, 41 and 41A of the SRC Act in relation to the transferring employee.\n (2) After the conversion time, Dairy Australia Limited is, for the purposes of section 40 of the SRC Act, taken to be the relevant employer of each transferring employee.\n (3) After the conversion time, Dairy Australia Limited is, for the purposes of applying section 71 of the SRC Act in relation to each transferring employee, taken to be a Commonwealth authority.\n\n#### 27 Premiums under the SRC Act\n\n (1) Comcare must, as soon as practicable after the conversion time, determine the amount (if any) by which the premium for ADC and DRDC for the transitional financial year should be reduced.\n (2) If:\n (a) an amount equal to the premium for ADC or DRDC for the transitional financial year has been paid under Division 4A of Part VII of the SRC Act; and\n (b) the amount of the premium is reduced as a result of a determination under subsection (1);\n the Secretary of the Department may, in writing, direct that an amount equal to the refund amount, or amounts that together add up to the refund amount, be paid to Dairy Australia Limited in accordance with the direction.\n (3) A direction by the Secretary of the Department may be given subject to such conditions (if any) about the use or expenditure of the amount or amounts to which it relates as are set out in the direction.\n (4) If the Secretary of the Department gives a direction, the amount or amounts to which it relates are payable to Dairy Australia Limited out of the Consolidated Revenue Fund, which is appropriated accordingly.\n (5) The payment of an amount under subsection (4) must be made in accordance with the direction, and is subject to the conditions (if any) set out in the direction.\n (6) A copy of each direction must be published in the Gazette within 14 days after the direction is given.\n (7) The direction is not invalid merely because it has not been published as required under subsection (6).\n (8) In this section:\n\n> refund amount means the amount equal to the difference between the amount of premium for ADC or DRDC for the transitional financial year and the amount of that premium as reduced because of a determination under subsection (1).\n\n> transitional financial year means the financial year in which the conversion time occurs.\n\n#### Subdivision C—Maternity leave provisions\n\n#### 28 Maternity leave starting before conversion time\n\n (1) This section applies in relation to a transferring employee if:\n (a) immediately before the conversion time, the employee was a female employee of ADC or DRDC who was on leave granted under the Maternity Leave Act; and\n (b) the employee would have been entitled to have remained on that leave after the conversion time if the employee had continued to be an employee of ADC or DRDC.\n (2) After the conversion time, the Maternity Leave Act continues to apply to the employee in relation to the confinement in respect of which the leave was granted as if Dairy Australia Limited were a prescribed authority for the purposes of that Act.\n\n#### 29 Maternity leave starting after conversion time\n\n (1) This section applies in relation to a transferring employee if:\n (a) immediately before the conversion time, the person was a female employee of ADC or DRDC; and\n (b) within 9 months after the conversion time, the employee would have been entitled to start leave granted under the Maternity Leave Act if the employee had continued to be an employee of ADC or DRDC.\n (2) After the conversion time, the Maternity Leave Act continues to apply to the employee in relation to the confinement in respect of which she would have been entitled to leave as if Dairy Australia Limited were a prescribed authority for the purposes of that Act.\n\n#### Subdivision D—Provisions relating to superannuation\n\n#### 30 Application of Superannuation Acts\n\n Dairy Australia Limited is not an approved authority for the purposes of the Superannuation Act 1976 or the Superannuation Act 1990.\n\n#### 31 Application of the Superannuation Benefits (Supervisory Mechanisms) Act 1990\n\n (1) The Minister must not declare Dairy Australia Limited to be a relevant body for the purposes of the Superannuation Benefits (Supervisory Mechanisms) Act 1990.\n (2) In this section:\n\n> Minister has the same meaning as in the Superannuation Benefits (Supervisory Mechanisms) Act 1990.\n\n#### Subdivision E—Provisions relating to long service leave\n\n#### 32 Expressions defined in Long Service Leave Act\n\n Expressions that are defined in the Long Service Leave Act and used in this Subdivision have the same meanings as in that Act.\n\n#### 33 Long service leave for employees with less than 10 years service\n\n (1) This section applies in relation to a transferring employee whose period of service for the purposes of the Long Service Leave Act immediately before the conversion time was less than 10 years.\n (2) This section does not apply in relation to an employee who dies.\n (3) If the employee continues to be employed by Dairy Australia Limited until his or her combined service period is at least 10 years, Dairy Australia Limited may grant the employee long service leave on full salary for a period up to the employee’s long service leave credit under subsection 36(1).\n (4) If:\n (a) the employee stops being an employee of Dairy Australia Limited on or after reaching the minimum retiring age, or because of retrenchment; and\n (b) the employee’s combined service period at the time when he or she stops being an employee of Dairy Australia Limited is at least one year;\n Dairy Australia Limited may grant the employee long service leave on full salary for a period up to the employee’s long service leave credit under subsection 36(1).\n (5) If a period of long service leave may be granted to an employee under subsection (3) or (4), Dairy Australia Limited may, if the employee asks in writing, grant the employee long service leave on half salary for a period not longer than twice the first‑mentioned period.\n (6) Long service leave granted in the circumstances set out in subsection (4) must be taken so as to end immediately before the employee stops being an employee.\n (7) For the purposes of this section, the rate of salary to be used in working out the full salary of an employee is the rate that would apply to the employee under section 20 of the Long Service Leave Act if:\n (a) that section applied to the employee; and\n (b) for the expression “section 16 or 17” in that section there were substituted the expression “section 33 of the Dairy Industry Service Reform Act 2003”.\n\n#### 34 Payments in lieu of long service leave for employees with less than 10 years service\n\n (1) This section applies to a transferring employee whose period of service for the purposes of the Long Service Leave Act immediately before the conversion time was less than 10 years.\n (2) This section does not apply in relation to an employee who dies.\n (3) If the employee stops being an employee of Dairy Australia Limited on or after the day on which his or her combined service period reaches 10 years, Dairy Australia Limited must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 36(2).\n (4) If:\n (a) the employee stops being an employee of Dairy Australia Limited, on or after reaching the minimum retiring age, or because of retrenchment; and\n (b) at that time the employee’s combined service period is at least one year;\n Dairy Australia Limited must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 36(2).\n (5) If:\n (a) the employee stops being an employee of Dairy Australia Limited; and\n (b) Dairy Australia Limited is satisfied that the employee left Dairy Australia Limited’s employment because of ill‑health that justified his or her so leaving; and\n (c) when the employee left, his or her combined service period was at least one year;\n Dairy Australia Limited must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 36(2).\n (6) For the purposes of this section, the rate of salary to be used in working out the full salary of an employee is the rate that would apply to the employee under section 21 of the Long Service Leave Act if:\n (a) that section applied to the employee; and\n (b) for the expression “sections 16 and 17” in that section there were substituted the expression “section 34 of the Dairy Industry Service Reform Act 2003”.\n\n#### 35 Payments on the death of an employee\n\n (1) This section applies to a transferring employee whose period of service for the purposes of the Long Service Leave Act immediately before the conversion time was less than 10 years.\n (2) If the employee dies after the conversion time and immediately before his or her death:\n (a) the employee was an employee of Dairy Australia Limited; and\n (b) the employee’s combined service period was at least one year; and\n (c) the employee had one or more dependants;\n Dairy Australia Limited must make a payment to the dependant or dependants.\n (3) The total amount of the payment or payments is the amount that would have been payable to the person under section 34 if, on the day of his or her death, the person had instead stopped being an employee of Dairy Australia Limited on or after reaching the minimum retiring age.\n (4) If subsection (2) applies, section 23 of the Long Service Leave Act has effect as if:\n (a) that section applied to an employee of Dairy Australia Limited; and\n (b) a reference in that section to the approving authority were a reference to Dairy Australia Limited; and\n (c) for the expression “this Act” in that section there were substituted the expression “section 35 of the Dairy Industry Service Reform Act 2003”; and\n (d) for the expression “subsection 16(7) or 17(5)” there were substituted the expression “section 35 of the Dairy Industry Service Reform Act 2003”.\n\n#### 36 Employee’s long service leave credit for the purposes of sections 33 and 34\n\n (1) For the purposes of section 33, an employee’s long service leave credit is equal to the long service leave credit that the employee would have under the Long Service Leave Act for the period:\n (a) beginning when the employee began his or her period of service; and\n (b) ending at the conversion time;\n if the employee had been retrenched at the conversion time.\n (2) For the purposes of section 34, an employee’s long service leave credit is the employee’s long service leave credit worked out under subsection (1) of this section reduced by any long service leave credit used under section 33.\n\n#### 37 Employees with at least 10 years service\n\n (1) This section applies to a transferring employee whose period of service for the purposes of the Long Service Leave Act immediately before the conversion time was at least 10 years.\n (2) Even though the employee ceases to be employed in Government Service for the purposes of the Long Service Leave Act, the employee’s accrued rights under that Act continue. However, the employee is not entitled to receive any payment because he or she ceases to be in Government Service.\n (3) The Long Service Leave Act has effect after the conversion time in relation to the employee’s rights under that Act that accrued before the conversion time, as if Dairy Australia Limited were an approving authority for the purposes of that Act.\n\n#### 38 Division not to affect post‑commencement long service leave rights\n\n (1) This Division does not affect an employee’s post‑commencement long service leave rights.\n (2) In this section:\n\n> law means:\n\n (a) a law of the Commonwealth or of a State or Territory; or\n (b) regulations or any other instrument (other than an award, determination or industrial agreement) made under such a law.\n\n> post‑commencement long service leave rights means any long service leave rights the employee acquires after the conversion time under an award, determination, industrial agreement or law (other than this Act).\n\n \n\n### Division 5—Other provisions\n\n#### 39 Operation of Archives Act\n\n (1) This Part does not authorise a Commonwealth record (within the meaning of the Archives Act 1983) to be transferred or otherwise dealt with except in accordance with the provisions of that Act.\n (2) A Commonwealth record (within the meaning of the Archives Act 1983) must not be transferred to a person under this Part unless the National Archives of Australia has given permission under paragraph 24(2)(b) of that Act.\n\n#### 40 Certificates etc. taken to be authentic etc.\n\n A document that appears to be a certificate or other document made or issued under this Part:\n (a) is taken to be such a certificate or other document; and\n (b) is taken to have been properly given;\n unless the contrary is established.\n\n \n\n## Part 4—Other provisions\n\n#### 41 Delegation\n\n (1) The Minister may, by writing, delegate all or any of his or her powers and functions under this Act to:\n (a) the Secretary of the Department; or\n (b) an SES employee, or acting SES employee, in the Department.\n (2) In exercising powers or functions under a delegation, the delegate must comply with any directions of the Minister.\n\n#### 42 Compensation for acquisition of property\n\n (1) If:\n (a) apart from this section, the operation of this Act would result in the acquisition of property from a person otherwise than on just terms; and\n (b) the acquisition would be invalid because of paragraph 51(xxxi) of the Constitution;\n the Commonwealth is liable to pay the person a reasonable amount of compensation in respect of the acquisition.\n (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n (3) In this section:\n\n> acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\n> just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\n#### 43 Regulations\n\n (1) The Governor‑General may make regulations prescribing matters:\n (a) required or permitted by this Act to be prescribed; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n (2) In particular, regulations may be made prescribing matters of a transitional nature (including prescribing any saving or application provisions) arising from:\n (a) the amendments or repeals made by this Act; and\n (b) the enactment of this Act.","sortOrder":42},{"sectionNumber":"32","sectionType":"section","heading":"Expressions defined in Long Service Leave Act","content":"#### 32 Expressions defined in Long Service Leave Act\n\n Expressions that are defined in the Long Service Leave Act and used in this Subdivision have the same meanings as in that Act.","sortOrder":43},{"sectionNumber":"33","sectionType":"section","heading":"Long service leave for employees with less than 10 years service","content":"#### 33 Long service leave for employees with less than 10 years service\n\n (1) This section applies in relation to a transferring employee whose period of service for the purposes of the Long Service Leave Act immediately before the conversion time was less than 10 years.\n (2) This section does not apply in relation to an employee who dies.\n (3) If the employee continues to be employed by Dairy Australia Limited until his or her combined service period is at least 10 years, Dairy Australia Limited may grant the employee long service leave on full salary for a period up to the employee’s long service leave credit under subsection 36(1).\n (4) If:\n (a) the employee stops being an employee of Dairy Australia Limited on or after reaching the minimum retiring age, or because of retrenchment; and\n (b) the employee’s combined service period at the time when he or she stops being an employee of Dairy Australia Limited is at least one year;\n Dairy Australia Limited may grant the employee long service leave on full salary for a period up to the employee’s long service leave credit under subsection 36(1).\n (5) If a period of long service leave may be granted to an employee under subsection (3) or (4), Dairy Australia Limited may, if the employee asks in writing, grant the employee long service leave on half salary for a period not longer than twice the first‑mentioned period.\n (6) Long service leave granted in the circumstances set out in subsection (4) must be taken so as to end immediately before the employee stops being an employee.\n (7) For the purposes of this section, the rate of salary to be used in working out the full salary of an employee is the rate that would apply to the employee under section 20 of the Long Service Leave Act if:\n (a) that section applied to the employee; and\n (b) for the expression “section 16 or 17” in that section there were substituted the expression “section 33 of the Dairy Industry Service Reform Act 2003”.","sortOrder":44},{"sectionNumber":"34","sectionType":"section","heading":"Payments in lieu of long service leave for employees with less than 10 years service","content":"#### 34 Payments in lieu of long service leave for employees with less than 10 years service\n\n (1) This section applies to a transferring employee whose period of service for the purposes of the Long Service Leave Act immediately before the conversion time was less than 10 years.\n (2) This section does not apply in relation to an employee who dies.\n (3) If the employee stops being an employee of Dairy Australia Limited on or after the day on which his or her combined service period reaches 10 years, Dairy Australia Limited must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 36(2).\n (4) If:\n (a) the employee stops being an employee of Dairy Australia Limited, on or after reaching the minimum retiring age, or because of retrenchment; and\n (b) at that time the employee’s combined service period is at least one year;\n Dairy Australia Limited must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 36(2).\n (5) If:\n (a) the employee stops being an employee of Dairy Australia Limited; and\n (b) Dairy Australia Limited is satisfied that the employee left Dairy Australia Limited’s employment because of ill‑health that justified his or her so leaving; and\n (c) when the employee left, his or her combined service period was at least one year;\n Dairy Australia Limited must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 36(2).\n (6) For the purposes of this section, the rate of salary to be used in working out the full salary of an employee is the rate that would apply to the employee under section 21 of the Long Service Leave Act if:\n (a) that section applied to the employee; and\n (b) for the expression “sections 16 and 17” in that section there were substituted the expression “section 34 of the Dairy Industry Service Reform Act 2003”.","sortOrder":45},{"sectionNumber":"35","sectionType":"section","heading":"Payments on the death of an employee","content":"#### 35 Payments on the death of an employee\n\n (1) This section applies to a transferring employee whose period of service for the purposes of the Long Service Leave Act immediately before the conversion time was less than 10 years.\n (2) If the employee dies after the conversion time and immediately before his or her death:\n (a) the employee was an employee of Dairy Australia Limited; and\n (b) the employee’s combined service period was at least one year; and\n (c) the employee had one or more dependants;\n Dairy Australia Limited must make a payment to the dependant or dependants.\n (3) The total amount of the payment or payments is the amount that would have been payable to the person under section 34 if, on the day of his or her death, the person had instead stopped being an employee of Dairy Australia Limited on or after reaching the minimum retiring age.\n (4) If subsection (2) applies, section 23 of the Long Service Leave Act has effect as if:\n (a) that section applied to an employee of Dairy Australia Limited; and\n (b) a reference in that section to the approving authority were a reference to Dairy Australia Limited; and\n (c) for the expression “this Act” in that section there were substituted the expression “section 35 of the Dairy Industry Service Reform Act 2003”; and\n (d) for the expression “subsection 16(7) or 17(5)” there were substituted the expression “section 35 of the Dairy Industry Service Reform Act 2003”.","sortOrder":46},{"sectionNumber":"36","sectionType":"section","heading":"Employee’s long service leave credit for the purposes of sections 33 and 34","content":"#### 36 Employee’s long service leave credit for the purposes of sections 33 and 34\n\n (1) For the purposes of section 33, an employee’s long service leave credit is equal to the long service leave credit that the employee would have under the Long Service Leave Act for the period:\n (a) beginning when the employee began his or her period of service; and\n (b) ending at the conversion time;\n if the employee had been retrenched at the conversion time.\n (2) For the purposes of section 34, an employee’s long service leave credit is the employee’s long service leave credit worked out under subsection (1) of this section reduced by any long service leave credit used under section 33.","sortOrder":47},{"sectionNumber":"37","sectionType":"section","heading":"Employees with at least 10 years service","content":"#### 37 Employees with at least 10 years service\n\n (1) This section applies to a transferring employee whose period of service for the purposes of the Long Service Leave Act immediately before the conversion time was at least 10 years.\n (2) Even though the employee ceases to be employed in Government Service for the purposes of the Long Service Leave Act, the employee’s accrued rights under that Act continue. However, the employee is not entitled to receive any payment because he or she ceases to be in Government Service.\n (3) The Long Service Leave Act has effect after the conversion time in relation to the employee’s rights under that Act that accrued before the conversion time, as if Dairy Australia Limited were an approving authority for the purposes of that Act.","sortOrder":48},{"sectionNumber":"38","sectionType":"section","heading":"Division not to affect post‑commencement long service leave rights","content":"#### 38 Division not to affect post‑commencement long service leave rights\n\n (1) This Division does not affect an employee’s post‑commencement long service leave rights.\n (2) In this section:\n\n> law means:\n\n (a) a law of the Commonwealth or of a State or Territory; or\n (b) regulations or any other instrument (other than an award, determination or industrial agreement) made under such a law.\n\n> post‑commencement long service leave rights means any long service leave rights the employee acquires after the conversion time under an award, determination, industrial agreement or law (other than this Act).","sortOrder":49},{"sectionNumber":"Division 5","sectionType":"division","heading":"Other provisions","content":"An Act relating to the dairy industry, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title \\[see Note 1\\]\n\n This Act may be cited as the Dairy Industry Service Reform Act 2003.\n\n#### 2 Commencement \\[see Note 1\\]\n\n (1) 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.\n\n```html\n

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
(s 2(1), Gazette 2003, S228)

\n```\n\n> Note: 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.\n\n (2) 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.\n\n#### 3 Schedule(s)\n\n 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.\n\n#### 4 Crown to be bound\n\n This Act binds the Crown in all its capacities.\n\n#### 5 External Territories\n\n This Act extends to all the external Territories.\n\n#### 6 Extraterritorial operation\n\n This Act applies both within and outside Australia.\n\n \n\n## Part 2—Provision of levy information to the Australian Dairy Corporation\n\n#### 7 Provision of levy information to the Australian Dairy Corporation\n\n Provision of information\n (1) 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.\n (2) A first purchaser must comply with a notice under subsection (1).\n Use or disclosure of information\n (3) The Australian Dairy Corporation may use or disclose information about producers provided to it under this section for any of the following purposes:\n (a) to inform the producers about the amendments to be made by this Act;\n (b) to make the producers aware of their eligibility to become a member of Dairy Australia Limited;\n (c) to invite the producers to make applications to the Corporation to become such a member;\n (d) to develop a list of those producers eligible to become such a member.\n Definitions\n (4) In this section:\n\n> ABN has the meaning given by section 41 of the A New Tax System (Australian Business Number) Act 1999.\n\n> first purchaser has the same meaning as in the Primary Industries Levies and Charges Collection Act 1991.\n\n> producer has the same meaning as in the Primary Industries Levies and Charges Collection Act 1991.\n\n> relevant dairy produce has the same meaning as in the Primary Industries (Excise) Levies Act 1999.\n\n \n\n## Part 3—Privatisation of dairy corporations\n\n### Division 1—Definitions\n\n#### 8 Definitions\n\n In this Part, unless the contrary intention appears:\n\n> ADC means the Australian Dairy Corporation as in existence before the conversion time.\n\n> ASIC means the Australian Securities and Investments Commission.\n\n> asset means:\n\n (a) any legal or equitable estate or interest in real or personal property, whether actual, contingent or prospective; and\n (b) any right, power, privilege or immunity, whether actual, contingent or prospective.\n\n> combined service period, in relation to a transferring employee, means the total of:\n\n (a) 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\n (b) the period during which the employee continues to be an employee of Dairy Australia Limited.\n\n> commencing time means the beginning of the day on which this Act receives the Royal Assent.\n\n> conversion time means the time when Schedule 1 commences.\n\n> Dairy Australia Limited means ADC, after it is registered under the Corporations Act 2001 as mentioned in section 11 of this Act.\n\n> DRDC means the Dairy Research and Development Corporation as in existence before the conversion time.\n\n> employee, in relation to DRDC, means a person who is an officer or employee of DRDC immediately before the conversion time.\n\n> liability means any liability, duty or obligation, whether actual, contingent or prospective.\n\n> Long Service Leave Act means the Long Service Leave (Commonwealth Employees) Act 1976, as in force immediately before the conversion time.\n\n> Maternity Leave Act means the Maternity Leave (Commonwealth Employees) Act 1973, as in force immediately before the conversion time.\n\n> 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.\n\n> SRC Act means the Safety, Rehabilitation and Compensation Act 1988, as in force immediately before the conversion time.\n\n> transferring ADC employee means a person who is an officer or employee of ADC immediately before the conversion time.\n\n> transferring DRDC employee means a person who is taken to have been engaged as an employee of Dairy Australia Limited under section 20.\n\n> transferring employee means a transferring ADC employee or a transferring DRDC employee.\n\n \n\n### Division 2—Registration of the Australian Dairy Corporation as a Corporations Act company\n\n#### 9 Application for registration\n\n Application\n (1) 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.\n (2) ADC is hereby authorised to make the application.\n Directors\n (3) 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.\n Constitution\n (4) 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.\n\n#### 10 Funding contract before registration\n\n (1) During the period beginning at the commencing time and ending immediately before the conversion time:\n (a) the Minister, on behalf of the Commonwealth; and\n (b) at least 3 of the proposed directors, on behalf of Dairy Australia Limited;\n 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.\n (2) If such a contract is entered into, then, at the conversion time:\n (a) the Commonwealth and Dairy Australia Limited are taken to have entered into the contract under section 5 of the Dairy Produce Act 1986; and\n (b) Dairy Australia Limited becomes bound by the contract and entitled to its benefit.\n\n> Note: 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.\n\n#### 11 Registration as a company under the Corporations Act\n\n (1) At the conversion time, ASIC is taken to have registered ADC under section 601BD of the Corporations Act 2001:\n (a) as a company limited by guarantee; and\n (b) with the name “Dairy Australia Limited”.\n\n> Note: 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.\n\n (2) 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.\n\n#### 12 Operation of the Corporations Act after conversion time\n\n Nothing in this Part prevents, after the conversion time:\n (a) a change in the name of Dairy Australia Limited; or\n (b) a change in the structure, constitution or membership of Dairy Australia Limited.\n\n#### 13 Accounting records\n\n For the purposes of the Corporations Act 2001:\n (a) the accounting records kept by ADC before the conversion time under section 20 of the Commonwealth Authorities and Companies Act 1997 are to be treated as financial records of Dairy Australia Limited; and\n (b) an annual report and financial statements prepared in relation to a financial year by ADC under section 9 of the Commonwealth Authorities and Companies Act 1997 are to be treated as a financial report of Dairy Australia Limited for that financial year.\n\n#### 14 Dairy Australia Limited not to be a Commonwealth authority etc.\n\n (1) After the conversion time, Dairy Australia Limited is not taken, for the purposes of a law, to be:\n (a) a Commonwealth authority; or\n (b) established for a public purpose or for a purpose of the Commonwealth; or\n (c) a public authority or an agency or instrumentality of the Crown;\n (within the ordinary meaning of the expression concerned) unless a law expressly provides otherwise.\n (2) In this section:\n\n> law means:\n\n (a) an Act of the Commonwealth or of a State or Territory; or\n (b) regulations or any other instrument made under such an Act.\n\n \n\n### Division 3—Transfer of assets and liabilities of the Dairy Research and Development Corporation\n\n#### 15 Transfer of assets and liabilities\n\n (1) This section applies to:\n (a) the assets of DRDC; and\n (b) the liabilities of DRDC.\n (2) At the conversion time, the assets and liabilities cease to be assets and liabilities of DRDC and become assets and liabilities of Dairy Australia Limited without any conveyance, transfer or assignment.\n (3) Immediately after the conversion time, Dairy Australia Limited becomes DRDC’s successor in law in relation to the assets and liabilities.\n\n> Note: The effect of converting ADC into a Corporations Act company is not to create a new legal entity. The assets and liabilities of ADC immediately before the conversion time will remain assets and liabilities of Dairy Australia Limited immediately after that time.\n\n#### 16 Transfer of pending proceedings\n\n If any proceedings to which DRDC was a party:\n (a) were pending in any court or tribunal immediately before the conversion time; and\n (b) related, in whole or in part, to an asset or liability of DRDC;\n Dairy Australia Limited is, by force of this section, substituted for DRDC as a party to the proceedings to the extent to which the proceedings relate to the asset or liability.\n\n#### 17 Exemption from stamp duty etc.\n\n (1) No stamp duty or other tax is payable under a law of a State or Territory in respect of an exempt matter, or anything connected with an exempt matter.\n (2) The Minister may certify in writing:\n (a) that a specified matter is an exempt matter; or\n (b) that a specified thing was done in connection with a specified exempt matter.\n (3) In all courts, and for all purposes, a certificate under subsection (2) is evidence of the matter stated in the certificate.\n (4) In this section:\n\n> exempt matter means:\n\n (a) the transfer of an asset or a liability under section 15; or\n (b) the operation of this Division in any other respect.\n\n#### 18 References in certain instruments\n\n (1) This section applies to an instrument if:\n (a) it is in operation immediately before the conversion time; and\n (b) it is an instrument:\n (i) to which DRDC is a party; or\n (ii) which was given to, or in favour of, DRDC; or\n (iii) in which a reference is made to DRDC; or\n (iv) under which any right or liability accrues or may accrue to DRDC.\n (2) The instrument continues to have effect after the conversion time as if a reference in the instrument to DRDC were a reference to Dairy Australia Limited.\n (3) In this section:\n\n> instrument does not include regulations or any other instrument made under the Superannuation Act 1976 or the Superannuation Act 1990.\n\n#### 19 Certificates in relation to assets\n\n (1) This section applies if:\n (a) an asset vests in Dairy Australia Limited under this Division; and\n (b) there is lodged with an assets official a certificate that:\n (i) is signed by the Minister; and\n (ii) identifies the asset; and\n (iii) states that the asset has become vested in Dairy Australia Limited under this Division.\n (2) The assets official may:\n (a) deal with, and give effect to, the certificate as if it were a proper and appropriate instrument for transactions in relation to assets of that kind; and\n (b) make such entries in the register as are necessary having regard to the effect of this Division.\n (3) In this section:\n\n> assets official means the person or authority who, under a law of the Commonwealth, a State or a Territory, under a trust instrument or otherwise, has responsibility for keeping a register in relation to assets of the kind concerned.\n\n \n\n### Division 4—Transferring employees of dairy corporations\n\n#### Subdivision A—Preliminary\n\n#### 20 Transfer of staff\n\n At the conversion time, each employee of DRDC ceases to be employed by DRDC and is taken to have been engaged as an employee of Dairy Australia Limited.\n\n> Note: The effect of converting ADC into a Corporations Act company is not to create a new legal entity. The employees of ADC immediately before the conversion time will remain employees of Dairy Australia Limited immediately after that time.\n\n#### 21 Terms and conditions of transferring employees\n\n DRDC employees\n (1) A transferring DRDC employee is taken:\n (a) to have been engaged by Dairy Australia Limited on the same terms and conditions as those that applied to the person, immediately before the conversion time, as an employee of DRDC; and\n (b) to have accrued an entitlement to benefits, in connection with that engagement by Dairy Australia Limited, that is equivalent to the entitlement that the person had accrued, as an employee of DRDC, immediately before the conversion time.\n (2) The service of a transferring DRDC employee as an employee of Dairy Australia Limited is taken, for all purposes, to be continuous with his or her service as an employee of DRDC.\n (3) Except as provided by this Division, a transferring DRDC employee is not entitled to receive any payment or other benefit merely because of the operation of this Division.\n ADC employees\n (4) Except as provided by this Division, a transferring ADC employee is not entitled to receive any payment or other benefit merely because of the operation of this Part.\n Other\n (5) This section:\n (a) has effect subject to this Division; and\n (b) is not to be taken to be a law of the Commonwealth for the purposes of paragraph 170XA(2)(b) of the Workplace Relations Act 1996, as in force immediately before the reform commencement within the meaning given by that Act.\n\n#### 22 Variation of terms and conditions of employment\n\n (1) This Part does not prevent the terms and conditions of a transferring ADC employee’s employment, or a transferring DRDC employee’s employment, after the conversion time from being varied:\n (a) in accordance with those terms and conditions; or\n (b) by or under a law, award, determination or agreement.\n (2) In this section:\n\n> law means:\n\n (a) a law of the Commonwealth or of a State or Territory; or\n (b) regulations or any other instrument (other than an award, determination or industrial agreement) made under such a law.\n\n> vary, in relation to terms and conditions, includes:\n\n (a) omitting any of those terms and conditions; or\n (b) adding to those terms and conditions; or\n (c) substituting new terms or conditions for any of those terms and conditions.\n\n#### Subdivision B—Application of the Safety, Rehabilitation and Compensation Act\n\n#### 23 Expressions defined in SRC Act\n\n Expressions that are defined in the SRC Act and used in this Subdivision have the same meanings as in that Act.\n\n#### 24 Continued application of SRC Act\n\n The SRC Act continues to apply after the conversion time in relation to:\n (a) injuries suffered before that time by a transferring employee; and\n (b) loss of, or damage to, property incurred before that time by a transferring employee.\n\n#### 25 Commonwealth liability to meet certain SRC Act liabilities\n\n After the conversion time, the Commonwealth:\n (a) is liable to pay the liabilities of ADC under section 128A of the SRC Act; and\n (b) subject to section 26 of this Act, is taken to have been the employer of the transferring ADC employees before the conversion time for the purposes of the application of the SRC Act in relation to those liabilities.\n\n#### 26 SRC Act: rehabilitation provisions\n\n (1) If a transferring employee had, before the conversion time, suffered an injury resulting in an incapacity for work or an impairment, Dairy Australia Limited must, after that time, provide such reasonable co‑operation and assistance as the Commonwealth requires to enable the Commonwealth to fulfil its obligations under sections 36, 37, 38, 39, 41 and 41A of the SRC Act in relation to the transferring employee.\n (2) After the conversion time, Dairy Australia Limited is, for the purposes of section 40 of the SRC Act, taken to be the relevant employer of each transferring employee.\n (3) After the conversion time, Dairy Australia Limited is, for the purposes of applying section 71 of the SRC Act in relation to each transferring employee, taken to be a Commonwealth authority.\n\n#### 27 Premiums under the SRC Act\n\n (1) Comcare must, as soon as practicable after the conversion time, determine the amount (if any) by which the premium for ADC and DRDC for the transitional financial year should be reduced.\n (2) If:\n (a) an amount equal to the premium for ADC or DRDC for the transitional financial year has been paid under Division 4A of Part VII of the SRC Act; and\n (b) the amount of the premium is reduced as a result of a determination under subsection (1);\n the Secretary of the Department may, in writing, direct that an amount equal to the refund amount, or amounts that together add up to the refund amount, be paid to Dairy Australia Limited in accordance with the direction.\n (3) A direction by the Secretary of the Department may be given subject to such conditions (if any) about the use or expenditure of the amount or amounts to which it relates as are set out in the direction.\n (4) If the Secretary of the Department gives a direction, the amount or amounts to which it relates are payable to Dairy Australia Limited out of the Consolidated Revenue Fund, which is appropriated accordingly.\n (5) The payment of an amount under subsection (4) must be made in accordance with the direction, and is subject to the conditions (if any) set out in the direction.\n (6) A copy of each direction must be published in the Gazette within 14 days after the direction is given.\n (7) The direction is not invalid merely because it has not been published as required under subsection (6).\n (8) In this section:\n\n> refund amount means the amount equal to the difference between the amount of premium for ADC or DRDC for the transitional financial year and the amount of that premium as reduced because of a determination under subsection (1).\n\n> transitional financial year means the financial year in which the conversion time occurs.\n\n#### Subdivision C—Maternity leave provisions\n\n#### 28 Maternity leave starting before conversion time\n\n (1) This section applies in relation to a transferring employee if:\n (a) immediately before the conversion time, the employee was a female employee of ADC or DRDC who was on leave granted under the Maternity Leave Act; and\n (b) the employee would have been entitled to have remained on that leave after the conversion time if the employee had continued to be an employee of ADC or DRDC.\n (2) After the conversion time, the Maternity Leave Act continues to apply to the employee in relation to the confinement in respect of which the leave was granted as if Dairy Australia Limited were a prescribed authority for the purposes of that Act.\n\n#### 29 Maternity leave starting after conversion time\n\n (1) This section applies in relation to a transferring employee if:\n (a) immediately before the conversion time, the person was a female employee of ADC or DRDC; and\n (b) within 9 months after the conversion time, the employee would have been entitled to start leave granted under the Maternity Leave Act if the employee had continued to be an employee of ADC or DRDC.\n (2) After the conversion time, the Maternity Leave Act continues to apply to the employee in relation to the confinement in respect of which she would have been entitled to leave as if Dairy Australia Limited were a prescribed authority for the purposes of that Act.\n\n#### Subdivision D—Provisions relating to superannuation\n\n#### 30 Application of Superannuation Acts\n\n Dairy Australia Limited is not an approved authority for the purposes of the Superannuation Act 1976 or the Superannuation Act 1990.\n\n#### 31 Application of the Superannuation Benefits (Supervisory Mechanisms) Act 1990\n\n (1) The Minister must not declare Dairy Australia Limited to be a relevant body for the purposes of the Superannuation Benefits (Supervisory Mechanisms) Act 1990.\n (2) In this section:\n\n> Minister has the same meaning as in the Superannuation Benefits (Supervisory Mechanisms) Act 1990.\n\n#### Subdivision E—Provisions relating to long service leave\n\n#### 32 Expressions defined in Long Service Leave Act\n\n Expressions that are defined in the Long Service Leave Act and used in this Subdivision have the same meanings as in that Act.\n\n#### 33 Long service leave for employees with less than 10 years service\n\n (1) This section applies in relation to a transferring employee whose period of service for the purposes of the Long Service Leave Act immediately before the conversion time was less than 10 years.\n (2) This section does not apply in relation to an employee who dies.\n (3) If the employee continues to be employed by Dairy Australia Limited until his or her combined service period is at least 10 years, Dairy Australia Limited may grant the employee long service leave on full salary for a period up to the employee’s long service leave credit under subsection 36(1).\n (4) If:\n (a) the employee stops being an employee of Dairy Australia Limited on or after reaching the minimum retiring age, or because of retrenchment; and\n (b) the employee’s combined service period at the time when he or she stops being an employee of Dairy Australia Limited is at least one year;\n Dairy Australia Limited may grant the employee long service leave on full salary for a period up to the employee’s long service leave credit under subsection 36(1).\n (5) If a period of long service leave may be granted to an employee under subsection (3) or (4), Dairy Australia Limited may, if the employee asks in writing, grant the employee long service leave on half salary for a period not longer than twice the first‑mentioned period.\n (6) Long service leave granted in the circumstances set out in subsection (4) must be taken so as to end immediately before the employee stops being an employee.\n (7) For the purposes of this section, the rate of salary to be used in working out the full salary of an employee is the rate that would apply to the employee under section 20 of the Long Service Leave Act if:\n (a) that section applied to the employee; and\n (b) for the expression “section 16 or 17” in that section there were substituted the expression “section 33 of the Dairy Industry Service Reform Act 2003”.\n\n#### 34 Payments in lieu of long service leave for employees with less than 10 years service\n\n (1) This section applies to a transferring employee whose period of service for the purposes of the Long Service Leave Act immediately before the conversion time was less than 10 years.\n (2) This section does not apply in relation to an employee who dies.\n (3) If the employee stops being an employee of Dairy Australia Limited on or after the day on which his or her combined service period reaches 10 years, Dairy Australia Limited must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 36(2).\n (4) If:\n (a) the employee stops being an employee of Dairy Australia Limited, on or after reaching the minimum retiring age, or because of retrenchment; and\n (b) at that time the employee’s combined service period is at least one year;\n Dairy Australia Limited must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 36(2).\n (5) If:\n (a) the employee stops being an employee of Dairy Australia Limited; and\n (b) Dairy Australia Limited is satisfied that the employee left Dairy Australia Limited’s employment because of ill‑health that justified his or her so leaving; and\n (c) when the employee left, his or her combined service period was at least one year;\n Dairy Australia Limited must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 36(2).\n (6) For the purposes of this section, the rate of salary to be used in working out the full salary of an employee is the rate that would apply to the employee under section 21 of the Long Service Leave Act if:\n (a) that section applied to the employee; and\n (b) for the expression “sections 16 and 17” in that section there were substituted the expression “section 34 of the Dairy Industry Service Reform Act 2003”.\n\n#### 35 Payments on the death of an employee\n\n (1) This section applies to a transferring employee whose period of service for the purposes of the Long Service Leave Act immediately before the conversion time was less than 10 years.\n (2) If the employee dies after the conversion time and immediately before his or her death:\n (a) the employee was an employee of Dairy Australia Limited; and\n (b) the employee’s combined service period was at least one year; and\n (c) the employee had one or more dependants;\n Dairy Australia Limited must make a payment to the dependant or dependants.\n (3) The total amount of the payment or payments is the amount that would have been payable to the person under section 34 if, on the day of his or her death, the person had instead stopped being an employee of Dairy Australia Limited on or after reaching the minimum retiring age.\n (4) If subsection (2) applies, section 23 of the Long Service Leave Act has effect as if:\n (a) that section applied to an employee of Dairy Australia Limited; and\n (b) a reference in that section to the approving authority were a reference to Dairy Australia Limited; and\n (c) for the expression “this Act” in that section there were substituted the expression “section 35 of the Dairy Industry Service Reform Act 2003”; and\n (d) for the expression “subsection 16(7) or 17(5)” there were substituted the expression “section 35 of the Dairy Industry Service Reform Act 2003”.\n\n#### 36 Employee’s long service leave credit for the purposes of sections 33 and 34\n\n (1) For the purposes of section 33, an employee’s long service leave credit is equal to the long service leave credit that the employee would have under the Long Service Leave Act for the period:\n (a) beginning when the employee began his or her period of service; and\n (b) ending at the conversion time;\n if the employee had been retrenched at the conversion time.\n (2) For the purposes of section 34, an employee’s long service leave credit is the employee’s long service leave credit worked out under subsection (1) of this section reduced by any long service leave credit used under section 33.\n\n#### 37 Employees with at least 10 years service\n\n (1) This section applies to a transferring employee whose period of service for the purposes of the Long Service Leave Act immediately before the conversion time was at least 10 years.\n (2) Even though the employee ceases to be employed in Government Service for the purposes of the Long Service Leave Act, the employee’s accrued rights under that Act continue. However, the employee is not entitled to receive any payment because he or she ceases to be in Government Service.\n (3) The Long Service Leave Act has effect after the conversion time in relation to the employee’s rights under that Act that accrued before the conversion time, as if Dairy Australia Limited were an approving authority for the purposes of that Act.\n\n#### 38 Division not to affect post‑commencement long service leave rights\n\n (1) This Division does not affect an employee’s post‑commencement long service leave rights.\n (2) In this section:\n\n> law means:\n\n (a) a law of the Commonwealth or of a State or Territory; or\n (b) regulations or any other instrument (other than an award, determination or industrial agreement) made under such a law.\n\n> post‑commencement long service leave rights means any long service leave rights the employee acquires after the conversion time under an award, determination, industrial agreement or law (other than this Act).\n\n \n\n### Division 5—Other provisions\n\n#### 39 Operation of Archives Act\n\n (1) This Part does not authorise a Commonwealth record (within the meaning of the Archives Act 1983) to be transferred or otherwise dealt with except in accordance with the provisions of that Act.\n (2) A Commonwealth record (within the meaning of the Archives Act 1983) must not be transferred to a person under this Part unless the National Archives of Australia has given permission under paragraph 24(2)(b) of that Act.\n\n#### 40 Certificates etc. taken to be authentic etc.\n\n A document that appears to be a certificate or other document made or issued under this Part:\n (a) is taken to be such a certificate or other document; and\n (b) is taken to have been properly given;\n unless the contrary is established.\n\n \n\n## Part 4—Other provisions\n\n#### 41 Delegation\n\n (1) The Minister may, by writing, delegate all or any of his or her powers and functions under this Act to:\n (a) the Secretary of the Department; or\n (b) an SES employee, or acting SES employee, in the Department.\n (2) In exercising powers or functions under a delegation, the delegate must comply with any directions of the Minister.\n\n#### 42 Compensation for acquisition of property\n\n (1) If:\n (a) apart from this section, the operation of this Act would result in the acquisition of property from a person otherwise than on just terms; and\n (b) the acquisition would be invalid because of paragraph 51(xxxi) of the Constitution;\n the Commonwealth is liable to pay the person a reasonable amount of compensation in respect of the acquisition.\n (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n (3) In this section:\n\n> acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\n> just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\n#### 43 Regulations\n\n (1) The Governor‑General may make regulations prescribing matters:\n (a) required or permitted by this Act to be prescribed; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n (2) In particular, regulations may be made prescribing matters of a transitional nature (including prescribing any saving or application provisions) arising from:\n (a) the amendments or repeals made by this Act; and\n (b) the enactment of this Act.","sortOrder":50},{"sectionNumber":"39","sectionType":"section","heading":"Operation of Archives Act","content":"#### 39 Operation of Archives Act\n\n (1) This Part does not authorise a Commonwealth record (within the meaning of the Archives Act 1983) to be transferred or otherwise dealt with except in accordance with the provisions of that Act.\n (2) A Commonwealth record (within the meaning of the Archives Act 1983) must not be transferred to a person under this Part unless the National Archives of Australia has given permission under paragraph 24(2)(b) of that Act.","sortOrder":51},{"sectionNumber":"40","sectionType":"section","heading":"Certificates etc. taken to be authentic etc.","content":"#### 40 Certificates etc. taken to be authentic etc.\n\n A document that appears to be a certificate or other document made or issued under this Part:\n (a) is taken to be such a certificate or other document; and\n (b) is taken to have been properly given;\n unless the contrary is established.","sortOrder":52},{"sectionNumber":"Part 4","sectionType":"part","heading":"Other provisions","content":"## Part 4—Other provisions","sortOrder":53},{"sectionNumber":"41","sectionType":"section","heading":"Delegation","content":"#### 41 Delegation\n\n (1) The Minister may, by writing, delegate all or any of his or her powers and functions under this Act to:\n (a) the Secretary of the Department; or\n (b) an SES employee, or acting SES employee, in the Department.\n (2) In exercising powers or functions under a delegation, the delegate must comply with any directions of the Minister.","sortOrder":54},{"sectionNumber":"42","sectionType":"section","heading":"Compensation for acquisition of property","content":"#### 42 Compensation for acquisition of property\n\n (1) If:\n (a) apart from this section, the operation of this Act would result in the acquisition of property from a person otherwise than on just terms; and\n (b) the acquisition would be invalid because of paragraph 51(xxxi) of the Constitution;\n the Commonwealth is liable to pay the person a reasonable amount of compensation in respect of the acquisition.\n (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n (3) In this section:\n\n> acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\n> just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.","sortOrder":55},{"sectionNumber":"43","sectionType":"section","heading":"Regulations","content":"#### 43 Regulations\n\n (1) The Governor‑General may make regulations prescribing matters:\n (a) required or permitted by this Act to be prescribed; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n (2) In particular, regulations may be made prescribing matters of a transitional nature (including prescribing any saving or application provisions) arising from:\n (a) the amendments or repeals made by this Act; and\n (b) the enactment of this Act.","sortOrder":56},{"sectionNumber":"Part II","sectionType":"part","heading":"Provision of services to the dairy industry","content":"Schedule 1—Amendments and repeals\n\nPart 1—Amendment of Dairy Produce Act 1986\n\nDairy Produce Act 1986\n\n1 Title\n\nOmit “the Australian Dairy Corporation,”.\n\n2 Subsection 3(1) (definition of acting Managing Director)\n\nRepeal the definition.\n\n3 Subsection 3(1) (definition of annual operational plan)\n\nRepeal the definition.\n\n4 Subsection 3(1) (definition of annual report)\n\nRepeal the definition.\n\n5 Subsection 3(1) (definition of appointed member)\n\nRepeal the definition.\n\n6 Subsection 3(1) (definition of Chairperson)\n\nRepeal the definition.\n\n7 Subsection 3(1)\n\nInsert:\n\n> conversion time means the time when Schedule 1 to the Dairy Industry Service Reform Act 2003 commences.\n\n8 Subsection 3(1) (definition of corporate plan)\n\nRepeal the definition.\n\n9 Subsection 3(1) (definition of Corporation)\n\nRepeal the definition.\n\n10 Subsection 3(1) (definition of Corporation levy)\n\nAfter “Schedule 6 to the Primary Industries (Excise) Levies Act 1999”, insert “(as in force before the conversion time)”.\n\n11 Subsection 3(1) (paragraph (c) of the definition of dairy produce)\n\nOmit “Corporation”, substitute “Minister”.\n\n12 Subsection 3(1)\n\nInsert:\n\n> dairy service levy means dairy service levy imposed by Schedule 6 to the Primary Industries (Excise) Levies Act 1999.\n\n13 Subsection 3(1)\n\nInsert:\n\n> dairy service payments means payments referred to in paragraph 5(1)(a).\n\n14 Subsection 3(1) (definition of Deputy Chairperson)\n\nRepeal the definition.\n\n15 Subsection 3(1) (definition of Domestic Fund)\n\nRepeal the definition.\n\n16 Subsection 3(1)\n\nInsert:\n\n> eligible body means a body that is registered under the Corporations Act 2001 as a company limited by guarantee.\n\n17 Subsection 3(1) (definition of equal employment opportunity program)\n\nRepeal the definition.\n\n18 Subsection 3(1) (definition of executive)\n\nRepeal the definition.\n\n19 Subsection 3(1)\n\nInsert:\n\n> funding contract means a contract under section 5.\n\n20 Subsection 3(1) (definition of futures contract)\n\nRepeal the definition.\n\n21 Subsection 3(1) (definition of futures market)\n\nRepeal the definition.\n\n22 Subsection 3(1) (definition of Industry Fund)\n\nRepeal the definition.\n\n23 Subsection 3(1)\n\nInsert:\n\n> industry services body means the body declared as the industry services body under section 7.\n\n24 Subsection 3(1) (definition of Managing Director)\n\nRepeal the definition.\n\n25 Subsection 3(1) (definition of Market Support Fund)\n\nRepeal the definition.\n\n26 Subsection 3(1) (definition of market support payment)\n\nRepeal the definition.\n\n27 Subsection 3(1)\n\nInsert:\n\n> matching payments means payments referred to in paragraph 5(1)(b).\n\n28 Subsection 3(1) (definition of member)\n\nRepeal the definition.\n\n29 Subsection 3(1) (definition of money of the Corporation)\n\nRepeal the definition.\n\n30 Subsection 3(1)\n\nInsert:\n\n> new dairy levy amounts means:\n\n (a) amounts of dairy service levy received by the Commonwealth after the conversion time; and\n (b) amounts received by the Commonwealth after the conversion time under section 7 of the Levies and Charges Collection Act in relation to dairy service levy; and\n (c) amounts payable by way of penalty under section 15 of the Levies and Charges Collection Act in relation to dairy service levy that are received by the Commonwealth after the conversion time.\n\n31 Subsection 3(1) (definition of old corporation levy)\n\nRepeal the definition.\n\n32 Subsection 3(1)\n\nInsert:\n\n> old dairy levy amounts means:\n\n (a) amounts of Corporation levy, promotion levy or research levy received by the Commonwealth after the conversion time; and\n (b) amounts received by the Commonwealth after the conversion time under section 7 of the Levies and Charges Collection Act in relation to Corporation levy, promotion levy or research levy; and\n (c) amounts of Corporation levy received by the Commonwealth before the conversion time, but in respect of which a corresponding payment had not been made out of the Consolidated Revenue Fund under section 71 of this Act before the conversion time; and\n (d) amounts received by the Commonwealth before the conversion time under section 7 of the Levies and Charges Collection Act in relation to Corporation levy, but in respect of which a corresponding payment had not been made out of the Consolidated Revenue Fund under section 71 of this Act before the conversion time; and\n (e) amounts of promotion levy received by the Commonwealth before the conversion time, but in respect of which a corresponding payment had not been made out of the Consolidated Revenue Fund under section 90 of this Act before the conversion time; and\n (f) amounts received by the Commonwealth before the conversion time under section 7 of the Levies and Charges Collection Act in relation to promotion levy, but in respect of which a corresponding payment had not been made out of the Consolidated Revenue Fund under section 90 of this Act before the conversion time; and\n (g) amounts of research levy received by the Commonwealth before the conversion time, but in respect of which a corresponding payment had not been made out of the Consolidated Revenue Fund under section 30 of the Primary Industries and Energy Research and Development Act 1989 before the conversion time; and\n (h) amounts received by the Commonwealth before the conversion time under section 7 of the Levies and Charges Collection Act in relation to research levy, but in respect of which a corresponding payment had not been made out of the Consolidated Revenue Fund under section 30 of the Primary Industries and Energy Research and Development Act 1989 before the conversion time; and\n (i) amounts payable to the Dairy Research and Development Corporation under paragraph 30(1)(b) of the Primary Industries and Energy Research and Development Act 1989 before the conversion time, but not paid out of the Consolidated Revenue Fund under that Act before the conversion time.\n\n33 Subsection 3(1) (definition of old dairy products levy)\n\nRepeal the definition.\n\n34 Subsection 3(1) (definition of old market support levy)\n\nRepeal the definition.\n\n35 Subsection 3(1) (definition of old promotion levy)\n\nRepeal the definition.\n\n36 Subsection 3(1) (definition of old research levy)\n\nRepeal the definition.\n\n37 Subsection 3(1) (definition of Promotion Fund)\n\nRepeal the definition.\n\n38 Subsection 3(1) (definition of promotion levy)\n\nAfter “Schedule 6 to the Primary Industries (Excise) Levies Act 1999”, insert “(as in force before the conversion time)”.\n\n39 Subsection 3(1) (definition of R&D Corporation)\n\nRepeal the definition.\n\n40 Subsection 3(1) (definition of R&D Fund)\n\nRepeal the definition.\n\n41 Subsection 3(1) (definition of relevant fund)\n\nRepeal the definition.\n\n42 Subsection 3(1)\n\nInsert:\n\n> research levy means research levy imposed by Schedule 6 to the Primary Industries (Excise) Levies Act 1999 (as in force before the conversion time), and includes amounts of penalty (if any) payable under the Levies and Charges Collection Act in relation to that levy.\n\n43 Subsection 3(1) (definition of RIR&D Corporation)\n\nRepeal the definition.\n\n44 Subsection 3(1) (definition of Selection Committee)\n\nRepeal the definition.\n\n45 Subsection 3(1) (definition of WTO Agreement)\n\nRepeal the definition.\n\n46 Subsection 3(1) (definition of WTO Agreement day)\n\nRepeal the definition.\n\n47 Subsection 3(1) (definition of WTO Agreement year)\n\nRepeal the definition.\n\n48 Subsection 3(1A)\n\nRepeal the subsection.\n\n49 Subsection 3(1B)\n\nRepeal the subsection.\n\n50 Section 3 (note)\n\nRepeal the note.\n\n51 Parts II to IV\n\nRepeal the Parts, substitute:\n\n## Part II—Provision of services to the dairy industry\n\n### Division 1—Funding contract\n\n#### 5 Funding contract\n\n (1) The Minister may, on behalf of the Commonwealth, enter into a contract with an eligible body that provides for the Commonwealth to make payments of the following kinds to the body:\n (a) payments referred to as dairy service payments;\n (b) payments made in respect of particular financial years, referred to as matching payments.\n\n> Note: After a contract has been entered into, the eligible body can be declared as the industry services body under section 7.\n\n (2) Before entering into the contract, the Minister must be satisfied that the terms of the contract make adequate provision to ensure that:\n (a) dairy service payments are spent by the body on marketing, promotion, strategic policy development, research and development activities or other activities, for the benefit of the Australian dairy industry; and\n (b) matching payments are spent by the body on research and development activities for the benefit of the Australian dairy industry and the Australian community generally.\n (3) The contract does not have to oblige the Commonwealth to pay the full amounts that could be paid out of the money appropriated under section 6.\n\n> Note: For example, the contract may provide for payments less than the limits specified in section 6 to take account of the costs of collecting new dairy levy amounts or old dairy levy amounts and to take account of refunds and payments made in error.\n\n (4) The contract may include provisions relating to assets and liabilities that are transferred to the body under the Dairy Industry Service Reform Act 2003. This subsection does not impliedly limit the matters that may be included in the contract.\n (5) This section does not impliedly limit the executive power of the Commonwealth to enter into agreements.\n (6) The Minister must cause a copy of the contract to be tabled in each House of the Parliament within 14 sitting days of that House after the day on which the contract was entered into.\n (7) If the contract is varied, the Minister must cause a copy of the contract as varied to be tabled in each House of the Parliament within 14 sitting days of that House after the variation occurred.\n\n#### 6 Appropriation for payments under funding contract\n\n (1) The Consolidated Revenue Fund is appropriated for the purposes of payments by the Commonwealth under section 5.\n Overall limit for dairy service payments\n (2) For dairy service payments, the total limit on the appropriation is the sum of:\n (a) the total amount of new dairy levy amounts; and\n (b) the total amount of old dairy levy amounts.\n Overall limit for matching payments\n (3) For matching payments, the total limit on the appropriation is the sum of:\n (a) the total amount of new dairy levy amounts; and\n (b) the total amount of old dairy levy amounts.\n Matching payments—annual limit\n (4) For matching payments in respect of a particular financial year, the limit on the appropriation is the lesser of:\n (a) 0.5% of the amount determined by the Minister to be the gross value of whole milk produced in Australia in that financial year; and\n (b) 50% of the amount spent by the eligible body in that financial year on activities that qualify, under the funding contract, as research and development activities.\n (5) For the purposes of subsection (4), the regulations may prescribe the manner in which the Minister is to determine the gross value of whole milk produced in Australia in a financial year.\n Matching payments—unmatched R&D excess\n (6) If there is an unmatched R&D excess for a financial year, the amount spent by the eligible body in the following financial year on activities that qualify, under the funding contract, as research and development activities is taken, for the purposes of this section (including for the purposes of this subsection and subsection (7)), to be increased by the amount of the unmatched R&D excess.\n\n> Note: This means that research and development expenditure that is not “50% matched” in one financial year because of the cap in paragraph (4)(a) can be carried forward into later years.\n\n (7) For the purposes of subsection (6), there is an unmatched R&D excess for a financial year if:\n (a) the eligible body spends a particular amount (the R&D spend amount) in the financial year on activities that qualify, under the funding contract, as research and development activities; and\n (b) because of the operation of paragraph (4)(a), the matching payments for the financial year are less than 50% of the R&D spend amount;\n and the amount of the unmatched R&D excess is:\n\n![](image.002.png)\n\n### Division 2—Industry services body\n\n#### 7 Declaration of industry services body\n\n (1) The Minister may, in writing, declare an eligible body to be the industry services body if:\n (a) the Commonwealth and the eligible body have entered into a funding contract; and\n (b) the Minister is satisfied that, if the body is so declared, it will comply with its obligations under the funding contract and this Act.\n\n> Note: Subsection 33(3) of the Acts Interpretation Act 1901 provides for the repeal, variation etc. of instruments.\n\n Declaration takes effect immediately\n (2) A declaration under this section takes effect immediately after it is made.\n Tabling in Parliament\n (3) The Minister must cause a copy of a declaration under this section to be tabled in each House of the Parliament within 15 sitting days of that House after the day on which the declaration is made.\n\n#### 8 Use of levy information provided to the industry services body\n\n The industry services body may use information provided to it under subsection 27(3A) of the Levies and Charges Collection Act for any of the following purposes:\n (a) to determine whether a person is or remains eligible to be a member of the industry services body;\n (b) to maintain a register of members of the industry services body;\n (c) to maintain a register of those persons eligible to vote in a poll mentioned in section 9;\n (d) to make public any information of a statistical nature;\n (e) in performing any of its functions under this Act or the funding contract.\n\n> Note: Subsection 27(3A) of the Levies and Charges Collection Act allows an authorised person under that Act to provide certain levy information to the industry services body.\n\n### Division 3—Recommendations about amount of dairy service levy\n\n#### 9 Recommendations about amount of dairy service levy\n\n Recommendations\n (1) The industry services body must make recommendations to the Minister in relation to the amount of the dairy service levy. The recommendations must be made by the times prescribed by the regulations.\n Poll\n (2) Before making each recommendation, the industry services body must conduct a poll in accordance with the regulations. The recommendation must be in accordance with the results of the poll.\n Method of conducting poll\n (3) Regulations for the conduct of a poll must include provisions allocating votes to each dairy service levy payer.\n\n### Division 4—Other provisions\n\n#### 10 Delegation\n\n (1) The Minister may, by writing, delegate all or any of his or her powers and functions under this Part to:\n (a) the Secretary of the Department; or\n (b) an SES employee, or acting SES employee, in the Department.\n (2) In exercising powers or functions under a delegation, the delegate must comply with any directions of the Minister.\n\n#### 11 Declarations etc. taken to be authentic etc.\n\n A document that appears to be a declaration or other document made or issued under this Part:\n (a) is taken to be such a declaration or other document; and\n (b) is taken to have been properly given;\n unless the contrary is established.\n\n#### 12 Publication of declarations\n\n (1) A copy of each declaration made by the Minister under this Part must be published in the Gazette not later than the 14th day after the day on which the declaration is made.\n (2) Failure to comply with this section does not affect the validity of a declaration.\n\n#### 13 Tabling of financial reports\n\n (1) The industry services body must, within 14 days of lodging a financial report (the annual report) mentioned in section 292 of the Corporations Act 2001, give the Minister a copy of the report.\n (2) The Minister must cause a copy of the report to be tabled in each House of the Parliament within 14 sitting days of that House after the day on which the copy of the report was given to the Minister.\n (3) In addition to the matters mentioned in section 295 of the Corporations Act 2001, the annual report must include details of the following in relation to the financial year to which the report relates:\n (a) the amount of dairy service payments and matching payments made to the industry services body;\n (b) the amount of those payments that were spent;\n (c) outcomes as measured against objectives that apply in relation to the industry services body.\n\n#### 14 Other reports\n\n (1) The Minister must, as soon as practicable after the holding of each annual general meeting of the industry services body, cause to be tabled in each House of the Parliament a report in relation to the year ending on 30 June before the holding of that meeting.\n (2) The report must include the following in relation to that year:\n (a) a statement as to the amount of dairy service levy received by the Commonwealth;\n (b) a statement as to whether the Minister is satisfied, on the basis of information provided by the industry services body, that the spending of dairy service payments and matching payments complies with the funding contract;\n (c) if the Minister is not so satisfied—details of why the Minister is satisfied that the spending does not so comply.\n\n52 Sections 51 to 59\n\nRepeal the sections, substitute:\n\n#### 51 Definitions\n\n In this Part:\n\n> export means export from Australia.\n\n> market means a place.\n\n> regulated dairy market, in relation to regulated dairy produce, means a market that is declared to be a regulated dairy market in relation to the produce under section 52.\n\n> regulated dairy produce means dairy produce that is declared to be regulated dairy produce under section 52.\n\n#### 52 Regulated dairy produce and regulated dairy markets\n\n The regulations may declare that, on and after a specified day:\n (a) specified dairy produce is regulated dairy produce; and\n (b) a specified market is a regulated dairy market in respect of that produce.\n\n#### 53 Prohibitions on certain exports of regulated dairy produce to regulated dairy markets\n\n Export where no approval to do so\n (1) A person is guilty of an offence if:\n (a) the person exports regulated dairy produce to a regulated dairy market in respect of that produce; and\n (b) the person does not hold an approval issued in accordance with section 54 in relation to that export.\n\nPenalty: 180 penalty units.\n\n Export in contravention of conditions of approval\n (2) A person is guilty of an offence if:\n (a) the person exports regulated dairy produce to a regulated dairy market in respect of that produce; and\n (b) the person holds an approval issued in accordance with section 54 in relation to that export but the export is not in accordance with the conditions of that approval.\n\nPenalty: 60 penalty units.\n\n#### 54 Approvals to export regulated dairy produce to regulated dairy markets\n\n (1) The regulations may make provision for and in relation to the granting of approvals to persons to export regulated dairy produce to regulated dairy markets.\n (2) Regulations made for the purposes of subsection (1) may make provision for and in relation to any one or more of the following:\n (a) the making of an application for an approval;\n (b) the payment of fees to the Commonwealth in respect of such an application;\n (c) the waiver or remission of such fees;\n (d) the grant of an approval;\n (e) the grant of an approval subject to compliance with conditions by the holder of the approval (which may include, but are not limited to, conditions relating to matters occurring either before or after the export of the dairy produce);\n (f) whether an approval is in force in relation to exports during a specified period or is in force in relation to a particular export only;\n (g) the variation of an approval or of a condition of an approval;\n (h) the revocation or suspension of an approval;\n (i) the review of decisions made under the regulations.\n (3) Regulations made for the purposes of subsection (1) may make different provision in respect of matters arising in relation to different regulated dairy produce and different regulated dairy markets.\n (4) Subsection (3) does not, by implication, limit subsection 33(3A) of the Acts Interpretation Act 1901.\n\n53 Section 60\n\nOmit “Neither this Part nor a direction under this Part affects”, substitute “This Part does not affect”.\n\n54 Part VII\n\nRepeal the Part.\n\n55 Subsections 109(1) and (2)\n\nRepeal the subsections, substitute:\n\n (1) For the purposes of this section, for so long as the industry services body is in a position to control the operations of Asia Dairy Industries (H.K.) Limited, a company incorporated in Hong Kong, that company is taken to be the subsidiary company.\n (2) If:\n (a) the subsidiary company is wound‑up; and\n (b) the liabilities of the subsidiary company payable on the winding‑up are not able to be met in full from the assets of the subsidiary company;\n the industry services body is liable to meet those liabilities, to the extent that they are not able to be met out of the assets of the subsidiary company, as if the liabilities had been incurred by the industry services body.\n\nNote: The heading to section 109 is replaced by the heading “Liability of industry services body for the subsidiary company”.\n\n56 Section 109A\n\nRepeal the section.\n\n57 Section 109B\n\nRepeal the section.\n\n58 Section 109C\n\nRepeal the section.\n\n59 Section 110\n\nRepeal the section.\n\n60 Section 114\n\nRepeal the section.\n\n61 Section 115\n\nRepeal the section.\n\n62 Section 117\n\nRepeal the section.\n\n63 Section 118\n\nRepeal the section.\n\n64 Subsection 119(1)\n\nOmit “a member of the Corporation or of the staff assisting the Corporation”, substitute “an officer or an employee of the industry services body”.\n\n65 Paragraph 119(2)(a)\n\nOmit “as a member of the Corporation or as a member of the staff assisting the Corporation”, substitute “or employment with the industry services body and acquired under or for the purposes of this Act”.\n\n66 Paragraph 119(2)(b)\n\nRepeal the paragraph, substitute:\n\n (b) produce to any person:\n (i) an application or other document given to the Australian Dairy Corporation by a manufacturer of dairy produce for the purpose of obtaining a market support payment under this Act as in force before the conversion time; or\n (ii) an application or other document given to that Corporation by a person for the purposes of section 99 of this Act as in force before the conversion time; or\n (iii) a return furnished to that Corporation by an exporter of dairy produce pursuant to section 110 of this Act as in force before the conversion time.\n\n67 Subsection 119(2A)\n\nOmit “clause 42”, substitute “clause 43”.\n\n68 Subsection 119(4)\n\nOmit “Corporation”, substitute “industry services body”.\n\n69 Sections 121 to 125\n\nRepeal the sections.\n\n70 Paragraph 126(c)\n\nRepeal the paragraph.\n\n71 Schedule 1\n\nRepeal the Schedule.\n\n72 Clause 2 of Schedule 2 (paragraphs (b) and (c) of the definition of deliver)\n\nRepeal the paragraphs, substitute:\n\n (b) in relation to manufacturing milk covered by paragraph (a) of the definition of manufacturing milk in this clause—deliver as mentioned in that paragraph; and\n (c) in relation to manufacturing milk covered by paragraph (b) of the definition of manufacturing milk in this clause—use as mentioned in that paragraph.\n\n73 Clause 2 of Schedule 2 (definition of manufacturing milk)\n\nRepeal the definition, substitute:\n\n> manufacturing milk means:\n\n (a) relevant dairy produce delivered by the producer to a manufacturer during a month ending before 1 July 2000, in respect of which a domestic market support payment has been paid under section 108A of this Act as in force before the conversion time; or\n (b) relevant dairy produce produced by a manufacturer and used by the manufacturer, during a month ending before 1 July 2000, in the manufacture of dairy produce, in respect of which a domestic market support payment has been paid under section 108A of this Act as in force before the conversion time;\n other than market milk.\n\n74 Paragraph 10(d) of Schedule 2\n\nOmit “by the Corporation”, substitute “out of the Dairy Structural Adjustment Fund”.\n\n75 Subclause 23(4) of Schedule 2\n\nOmit “by the Corporation”.\n\n76 Subclause 23(5) of Schedule 2\n\nOmit “by the Corporation”.\n\n77 Paragraph 37B(d) of Schedule 2\n\nOmit “by the Corporation”, substitute “out of the Dairy Structural Adjustment Fund”.\n\n78 Paragraph 43(3)(a) of Schedule 2\n\nAfter “SDA scheme”, insert “or is otherwise required by any law of the Commonwealth”.\n\n79 Clause 45 of Schedule 2\n\nOmit “Corporation”, substitute “industry services body”.\n\nNote: The heading to clause 45 is altered by omitting “Corporation” and substituting “industry services body”.\n\n80 Subclause 46(1) of Schedule 2\n\nOmit “Corporation”, substitute “industry services body”.\n\n81 Subclause 48(1) of Schedule 2\n\nOmit “the Corporation to collect money”, substitute “for the collection of money”.\n\nNote: The heading to clause 48 is altered by omitting “Corporation” and substituting “Industry services body”.\n\n82 Subclause 48(2) of Schedule 2\n\nOmit “Corporation”, substitute “industry services body”.\n\n83 Subclause 48(3) of Schedule 2\n\nOmit “Corporation”, substitute “industry services body”.\n\n84 Subclause 48(6) of Schedule 2\n\nOmit “Corporation”, substitute “industry services body”.\n\n85 Subclause 49(6) of Schedule 2\n\nOmit “Corporation”, substitute “industry services body”.\n\n86 Subclause 70(1) of Schedule 2\n\nOmit “Corporation”, substitute “industry services body”.\n\nNote: The heading to clause 70 is altered by omitting “Corporation” and substituting “Industry services body”.\n\n87 Subclause 70(2) of Schedule 2\n\nOmit “Corporation” (first occurring), substitute “industry services body”.\n\n88 Subclause 70(2) of Schedule 2\n\nOmit “Corporation or of the Managing Director”, substitute “industry services body”.\n\n89 Subclause 70(3) of Schedule 2\n\nOmit “Corporation”, substitute “industry services body”.\n\n90 Paragraph 72(1)(b) of Schedule 2\n\nOmit “Corporation”, substitute “industry services body”.\n\n91 Subclause 72(7) of Schedule 2\n\nRepeal the subclause, substitute:\n\n (7) A reference in this clause to a senior employee of the industry services body is a reference to a person who:\n (a) is an employee of the industry services body; and\n (b) holds or performs the duties of a position of General Manager.\n\n92 Subclauses 77(2) and (3) of Schedule 2\n\nRepeal the subclauses.\n\n93 After clause 77 of Schedule 2\n\nInsert:\n\n#### 77A The industry services body to keep the Dairy Structural Adjustment Fund\n\n (1) The industry services body must keep and administer the Dairy Structural Adjustment Fund.\n (2) The assets of the Dairy Structural Adjustment Fund are the property of the industry services body, but must be kept separate from all other property and must be held on trust by the body for the purposes of this Part.\n (3) No stamp duty or other tax is payable under a law of a State or Territory in respect of the operation of subclause (2).\n\n#### 77B What the Dairy Structural Adjustment Fund consists of\n\n The Dairy Structural Adjustment Fund consists of the following:\n (a) money credited to the Fund under clause 78;\n (b) investments the industry services body has as a result of investing money in the Fund under clause 79B;\n (c) all other money and property lawfully paid into, or forming part of, the Fund.\n\n#### 77C Power to borrow for the purposes of the Dairy Structural Adjustment Fund\n\n (1) The industry services body may borrow money for the purpose of making payments for which money of the Dairy Structural Adjustment Fund may be expended.\n (2) The industry services body may give security, including over the assets of the Dairy Structural Adjustment Fund, in respect of the body’s obligations in relation to a borrowing under subclause (1).\n\n#### 77D Funding contract may include provisions relating to the Dairy Structural Adjustment Fund\n\n A funding contract with the industry services body may include provisions relating to the Dairy Structural Adjustment Fund. This clause does not impliedly limit the matters that may be included in the contract.\n\n94 Paragraphs 78(a), (b), (c), (d), (e), (f) and (fa) of Schedule 2\n\nOmit “Corporation”, substitute “industry services body”.\n\n95 Paragraph 78(g) of Schedule 2\n\nOmit “Corporation as interest”, substitute “industry services body as interest or profits”.\n\n96 Paragraph 78(h) of Schedule 2\n\nOmit “Corporation under section 75”, substitute “industry services body”.\n\n97 Paragraph 78(i) of Schedule 2\n\nOmit “Corporation”, substitute “industry services body”.\n\n98 Paragraph 79(c) of Schedule 2\n\nOmit “Corporation”, substitute “industry services body”.\n\n99 Paragraph 79(d) of Schedule 2\n\nRepeal the paragraph.\n\n100 Paragraph 79(g) of Schedule 2\n\nOmit “Corporation”, substitute “industry services body”.\n\n101 Paragraph 79(k) of Schedule 2\n\nRepeal the paragraph.\n\n102 Paragraph 79(l) of Schedule 2\n\nOmit “Corporation”, substitute “industry services body”.\n\n103 Paragraph 79(m) of Schedule 2\n\nOmit “by the Corporation”.\n\n104 Paragraph 79(n) of Schedule 2\n\nOmit “Corporation”, substitute “industry services body”.\n\n105 After clause 79 of Schedule 2\n\nInsert:\n\n#### 79A How money is to be kept\n\n (1) Money in the Dairy Structural Adjustment Fund must:\n (a) until applied for the purposes of this Part; or\n (b) until invested under clause 79B;\n be kept by the industry services body in an account or accounts with an Australian ADI separate from any account or accounts in which other money is kept.\n (2) In this clause:\n\n> Australian ADI means:\n\n (a) an ADI (authorised deposit‑taking institution) within the meaning of the Banking Act 1959; or\n (b) a person who carries on State banking within the meaning of paragraph 51(xiii) of the Constitution.\n\n#### 79B Money in Dairy Structural Adjustment Fund may be invested\n\n Money in the Dairy Structural Adjustment Fund that is not immediately required for the purposes of this Part may be invested in any way in which trustees are for the time being authorised by a law in force in a State or Territory to invest trust funds.\n\n#### 79C Report to Minister\n\n (1) The industry services body must, as soon as practicable after 30 June in each year, prepare and give to the Minister a report on the administration of the Dairy Structural Adjustment Fund during the year that ended on that 30 June.\n (2) The Minister must cause a copy of each report to be tabled in each House of the Parliament within 15 sitting days of that House after the day on which the Minister receives the report.\n\n106 Clause 80 of Schedule 2\n\nOmit “Corporation”, substitute “industry services body”.\n\n107 Clauses 81 and 82 of Schedule 2\n\nRepeal the clauses.\n\n108 Subclause 83(1) of Schedule 2\n\nOmit “Corporation”, substitute “industry services body”.\n\nNote: The heading to clause 83 is altered by omitting “Corporation” and substituting “industry services body”.\n\n109 Subclause 83(2) of Schedule 2\n\nOmit “Corporation”, substitute “industry services body”.\n\n110 Subclause 84(1) of Schedule 2\n\nOmit “Corporation”, substitute “industry services body”.\n\nNote: The heading to clause 84 is altered by omitting “Corporation” and substituting “industry services body”.\n\n111 Subclause 85(1) of Schedule 2\n\nOmit “Corporation”, substitute “industry services body”.\n\nNote: The heading to clause 85 is altered by omitting “Corporation” and substituting “industry services body”.\n\n112 Paragraph 94(2)(c) of Schedule 2\n\nOmit “by the Corporation”.\n\n113 Paragraph 94(2)(d) of Schedule 2\n\nOmit “Corporation”, substitute “industry services body”.\n\n \n\nPart 2—Amendment of other Acts\n\nAdministrative Decisions (Judicial Review) Act 1977\n\n114 Paragraph (k) of Schedule 2\n\nOmit “Australian Dairy Corporation”.\n\nEqual Employment Opportunity (Commonwealth Authorities) Act 1987\n\n115 Subsection 3(1) (definition of authority)\n\nOmit all the words after “but does not include”, substitute “a relevant employer as defined in section 3 of the Equal Opportunity for Women in the Workplace Act 1999.”.\n\nFarm Household Support Act 1992\n\n116 Subsection 3(2)\n\nInsert:\n\n> industry services body has the same meaning as in the Dairy Produce Act 1986.\n\n117 Paragraph 52A(5A)(b)\n\nOmit “Australian Dairy Corporation”, substitute “industry services body”.\n\n118 Paragraph 52C(5)(b)\n\nOmit “Australian Dairy Corporation”, substitute “industry services body”.\n\n119 Subsection 56(2A)\n\nOmit “Australian Dairy Corporation” (wherever occurring), substitute “industry services body”.\n\n120 Subsection 56(3)\n\nOmit “Australian Dairy Corporation” (wherever occurring), substitute “industry services body”.\n\nPrimary Industries Levies and Charges Collection Act 1991\n\n121 After subsection 27(3)\n\nInsert:\n\n (3A) An authorised person may provide the following information to the industry services body:\n (a) the name, address, contact details and ABN of any person who has paid, or is liable to pay, dairy levy;\n (b) details relating to the amount of dairy levy that the person has paid, or is liable to pay.\n\n122 Subsection 27(4)\n\nInsert:\n\n> ABN has the meaning given by section 41 of the A New Tax System (Australian Business Number) Act 1999.\n\n123 Subsection 27(4)\n\nInsert:\n\n> dairy levy means levy that:\n\n (a) is or has been collected under this Act; and\n (b) is prescribed by regulations under this Act.\n\n124 Subsection 27(4)\n\nInsert:\n\n> industry services body has the same meaning as in the Dairy Produce Act 1986.\n\nSafety, Rehabilitation and Compensation Act 1988\n\n125 Subsection 128A(4) (paragraph (e) of the definition of prescribed Commonwealth authority)\n\nRepeal the paragraph.\n\n \n\nPart 3—Repeal of regulations\n\nDairy Research and Development Corporation Regulations 1990\n\n126 The whole of the regulations\n\nRepeal the regulations.\n\n \n\nPart 4—Transitional provisions\n\n127 Dairy produce\n\nA product that is dairy produce, immediately before the commencement of this item, under paragraph (c) of the definition of dairy produce in subsection 3(1) of the Dairy Produce Act 1986 is taken, after the commencement of this item, to continue to be dairy produce under that paragraph.\n\n128 Continuation of secrecy obligations\n\nSection 119 of the Dairy Produce Act 1986 as in force before the commencement of this item continues to apply after the commencement of this item to a person who, immediately before the commencement of this item, was a person to whom that section applied as if the amendments to that section made by this Schedule had not been made.\n\n129 Final annual reports\n\n(1) For the final reporting period, the directors of Dairy Australia Limited must, in relation to the Australian Dairy Corporation and the Dairy Research and Development Corporation, prepare the report referred to in section 9 of the Commonwealth Authorities and Companies Act 1997. The report may include such other matters as the directors consider appropriate.\n\n(2) For the purposes of this item, the final reporting period is to be treated as a financial year.\n\n(3) In this item:\n\nfinal reporting period means the period that:\n\n (a) started on 1 July 2002; and\n (b) ends at the commencement of this item.","sortOrder":57},{"sectionNumber":"51","sectionType":"section","heading":"Definitions","content":"#### 51 Definitions\n\n In this Part:\n\n> export means export from Australia.\n\n> market means a place.\n\n> regulated dairy market, in relation to regulated dairy produce, means a market that is declared to be a regulated dairy market in relation to the produce under section 52.\n\n> regulated dairy produce means dairy produce that is declared to be regulated dairy produce under section 52.","sortOrder":72},{"sectionNumber":"52","sectionType":"section","heading":"Regulated dairy produce and regulated dairy markets","content":"#### 52 Regulated dairy produce and regulated dairy markets\n\n The regulations may declare that, on and after a specified day:\n (a) specified dairy produce is regulated dairy produce; and\n (b) a specified market is a regulated dairy market in respect of that produce.","sortOrder":73},{"sectionNumber":"53","sectionType":"section","heading":"Prohibitions on certain exports of regulated dairy produce to regulated dairy markets","content":"#### 53 Prohibitions on certain exports of regulated dairy produce to regulated dairy markets\n\n Export where no approval to do so\n (1) A person is guilty of an offence if:\n (a) the person exports regulated dairy produce to a regulated dairy market in respect of that produce; and\n (b) the person does not hold an approval issued in accordance with section 54 in relation to that export.\n\nPenalty: 180 penalty units.\n\n Export in contravention of conditions of approval\n (2) A person is guilty of an offence if:\n (a) the person exports regulated dairy produce to a regulated dairy market in respect of that produce; and\n (b) the person holds an approval issued in accordance with section 54 in relation to that export but the export is not in accordance with the conditions of that approval.\n\nPenalty: 60 penalty units.","sortOrder":74},{"sectionNumber":"54","sectionType":"section","heading":"Approvals to export regulated dairy produce to regulated dairy markets","content":"#### 54 Approvals to export regulated dairy produce to regulated dairy markets\n\n (1) The regulations may make provision for and in relation to the granting of approvals to persons to export regulated dairy produce to regulated dairy markets.\n (2) Regulations made for the purposes of subsection (1) may make provision for and in relation to any one or more of the following:\n (a) the making of an application for an approval;\n (b) the payment of fees to the Commonwealth in respect of such an application;\n (c) the waiver or remission of such fees;\n (d) the grant of an approval;\n (e) the grant of an approval subject to compliance with conditions by the holder of the approval (which may include, but are not limited to, conditions relating to matters occurring either before or after the export of the dairy produce);\n (f) whether an approval is in force in relation to exports during a specified period or is in force in relation to a particular export only;\n (g) the variation of an approval or of a condition of an approval;\n (h) the revocation or suspension of an approval;\n (i) the review of decisions made under the regulations.\n (3) Regulations made for the purposes of subsection (1) may make different provision in respect of matters arising in relation to different regulated dairy produce and different regulated dairy markets.\n (4) Subsection (3) does not, by implication, limit subsection 33(3A) of the Acts Interpretation Act 1901.\n\n53 Section 60\n\nOmit “Neither this Part nor a direction under this Part affects”, substitute “This Part does not affect”.\n\n54 Part VII\n\nRepeal the Part.\n\n55 Subsections 109(1) and (2)\n\nRepeal the subsections, substitute:\n\n (1) For the purposes of this section, for so long as the industry services body is in a position to control the operations of Asia Dairy Industries (H.K.) Limited, a company incorporated in Hong Kong, that company is taken to be the subsidiary company.\n (2) If:\n (a) the subsidiary company is wound‑up; and\n (b) the liabilities of the subsidiary company payable on the winding‑up are not able to be met in full from the assets of the subsidiary company;\n the industry services body is liable to meet those liabilities, to the extent that they are not able to be met out of the assets of the subsidiary company, as if the liabilities had been incurred by the industry services body.\n\nNote: The heading to section 109 is replaced by the heading “Liability of industry services body for the subsidiary company”.\n\n56 Section 109A\n\nRepeal the section.\n\n57 Section 109B\n\nRepeal the section.\n\n58 Section 109C\n\nRepeal the section.\n\n59 Section 110\n\nRepeal the section.\n\n60 Section 114\n\nRepeal the section.\n\n61 Section 115\n\nRepeal the section.\n\n62 Section 117\n\nRepeal the section.\n\n63 Section 118\n\nRepeal the section.\n\n64 Subsection 119(1)\n\nOmit “a member of the Corporation or of the staff assisting the Corporation”, substitute “an officer or an employee of the industry services body”.\n\n65 Paragraph 119(2)(a)\n\nOmit “as a member of the Corporation or as a member of the staff assisting the Corporation”, substitute “or employment with the industry services body and acquired under or for the purposes of this Act”.\n\n66 Paragraph 119(2)(b)\n\nRepeal the paragraph, substitute:\n\n (b) produce to any person:\n (i) an application or other document given to the Australian Dairy Corporation by a manufacturer of dairy produce for the purpose of obtaining a market support payment under this Act as in force before the conversion time; or\n (ii) an application or other document given to that Corporation by a person for the purposes of section 99 of this Act as in force before the conversion time; or\n (iii) a return furnished to that Corporation by an exporter of dairy produce pursuant to section 110 of this Act as in force before the conversion time.\n\n67 Subsection 119(2A)\n\nOmit “clause 42”, substitute “clause 43”.\n\n68 Subsection 119(4)\n\nOmit “Corporation”, substitute “industry services body”.\n\n69 Sections 121 to 125\n\nRepeal the sections.\n\n70 Paragraph 126(c)\n\nRepeal the paragraph.\n\n71 Schedule 1\n\nRepeal the Schedule.\n\n72 Clause 2 of Schedule 2 (paragraphs (b) and (c) of the definition of deliver)\n\nRepeal the paragraphs, substitute:\n\n (b) in relation to manufacturing milk covered by paragraph (a) of the definition of manufacturing milk in this clause—deliver as mentioned in that paragraph; and\n (c) in relation to manufacturing milk covered by paragraph (b) of the definition of manufacturing milk in this clause—use as mentioned in that paragraph.\n\n73 Clause 2 of Schedule 2 (definition of manufacturing milk)\n\nRepeal the definition, substitute:\n\n> manufacturing milk means:\n\n (a) relevant dairy produce delivered by the producer to a manufacturer during a month ending before 1 July 2000, in respect of which a domestic market support payment has been paid under section 108A of this Act as in force before the conversion time; or\n (b) relevant dairy produce produced by a manufacturer and used by the manufacturer, during a month ending before 1 July 2000, in the manufacture of dairy produce, in respect of which a domestic market support payment has been paid under section 108A of this Act as in force before the conversion time;\n other than market milk.\n\n74 Paragraph 10(d) of Schedule 2\n\nOmit “by the Corporation”, substitute “out of the Dairy Structural Adjustment Fund”.\n\n75 Subclause 23(4) of Schedule 2\n\nOmit “by the Corporation”.\n\n76 Subclause 23(5) of Schedule 2\n\nOmit “by the Corporation”.\n\n77 Paragraph 37B(d) of Schedule 2\n\nOmit “by the Corporation”, substitute “out of the Dairy Structural Adjustment Fund”.\n\n78 Paragraph 43(3)(a) of Schedule 2\n\nAfter “SDA scheme”, insert “or is otherwise required by any law of the Commonwealth”.\n\n79 Clause 45 of Schedule 2\n\nOmit “Corporation”, substitute “industry services body”.\n\nNote: The heading to clause 45 is altered by omitting “Corporation” and substituting “industry services body”.\n\n80 Subclause 46(1) of Schedule 2\n\nOmit “Corporation”, substitute “industry services body”.\n\n81 Subclause 48(1) of Schedule 2\n\nOmit “the Corporation to collect money”, substitute “for the collection of money”.\n\nNote: The heading to clause 48 is altered by omitting “Corporation” and substituting “Industry services body”.\n\n82 Subclause 48(2) of Schedule 2\n\nOmit “Corporation”, substitute “industry services body”.\n\n83 Subclause 48(3) of Schedule 2\n\nOmit “Corporation”, substitute “industry services body”.\n\n84 Subclause 48(6) of Schedule 2\n\nOmit “Corporation”, substitute “industry services body”.\n\n85 Subclause 49(6) of Schedule 2\n\nOmit “Corporation”, substitute “industry services body”.\n\n86 Subclause 70(1) of Schedule 2\n\nOmit “Corporation”, substitute “industry services body”.\n\nNote: The heading to clause 70 is altered by omitting “Corporation” and substituting “Industry services body”.\n\n87 Subclause 70(2) of Schedule 2\n\nOmit “Corporation” (first occurring), substitute “industry services body”.\n\n88 Subclause 70(2) of Schedule 2\n\nOmit “Corporation or of the Managing Director”, substitute “industry services body”.\n\n89 Subclause 70(3) of Schedule 2\n\nOmit “Corporation”, substitute “industry services body”.\n\n90 Paragraph 72(1)(b) of Schedule 2\n\nOmit “Corporation”, substitute “industry services body”.\n\n91 Subclause 72(7) of Schedule 2\n\nRepeal the subclause, substitute:\n\n (7) A reference in this clause to a senior employee of the industry services body is a reference to a person who:\n (a) is an employee of the industry services body; and\n (b) holds or performs the duties of a position of General Manager.\n\n92 Subclauses 77(2) and (3) of Schedule 2\n\nRepeal the subclauses.\n\n93 After clause 77 of Schedule 2\n\nInsert:","sortOrder":75},{"sectionNumber":"77A","sectionType":"section","heading":"The industry services body to keep the Dairy Structural Adjustment Fund","content":"#### 77A The industry services body to keep the Dairy Structural Adjustment Fund\n\n (1) The industry services body must keep and administer the Dairy Structural Adjustment Fund.\n (2) The assets of the Dairy Structural Adjustment Fund are the property of the industry services body, but must be kept separate from all other property and must be held on trust by the body for the purposes of this Part.\n (3) No stamp duty or other tax is payable under a law of a State or Territory in respect of the operation of subclause (2).","sortOrder":76},{"sectionNumber":"77B","sectionType":"section","heading":"What the Dairy Structural Adjustment Fund consists of","content":"#### 77B What the Dairy Structural Adjustment Fund consists of\n\n The Dairy Structural Adjustment Fund consists of the following:\n (a) money credited to the Fund under clause 78;\n (b) investments the industry services body has as a result of investing money in the Fund under clause 79B;\n (c) all other money and property lawfully paid into, or forming part of, the Fund.","sortOrder":77},{"sectionNumber":"77C","sectionType":"section","heading":"Power to borrow for the purposes of the Dairy Structural Adjustment Fund","content":"#### 77C Power to borrow for the purposes of the Dairy Structural Adjustment Fund\n\n (1) The industry services body may borrow money for the purpose of making payments for which money of the Dairy Structural Adjustment Fund may be expended.\n (2) The industry services body may give security, including over the assets of the Dairy Structural Adjustment Fund, in respect of the body’s obligations in relation to a borrowing under subclause (1).","sortOrder":78},{"sectionNumber":"77D","sectionType":"section","heading":"Funding contract may include provisions relating to the Dairy Structural Adjustment Fund","content":"#### 77D Funding contract may include provisions relating to the Dairy Structural Adjustment Fund\n\n A funding contract with the industry services body may include provisions relating to the Dairy Structural Adjustment Fund. This clause does not impliedly limit the matters that may be included in the contract.\n\n94 Paragraphs 78(a), (b), (c), (d), (e), (f) and (fa) of Schedule 2\n\nOmit “Corporation”, substitute “industry services body”.\n\n95 Paragraph 78(g) of Schedule 2\n\nOmit “Corporation as interest”, substitute “industry services body as interest or profits”.\n\n96 Paragraph 78(h) of Schedule 2\n\nOmit “Corporation under section 75”, substitute “industry services body”.\n\n97 Paragraph 78(i) of Schedule 2\n\nOmit “Corporation”, substitute “industry services body”.\n\n98 Paragraph 79(c) of Schedule 2\n\nOmit “Corporation”, substitute “industry services body”.\n\n99 Paragraph 79(d) of Schedule 2\n\nRepeal the paragraph.\n\n100 Paragraph 79(g) of Schedule 2\n\nOmit “Corporation”, substitute “industry services body”.\n\n101 Paragraph 79(k) of Schedule 2\n\nRepeal the paragraph.\n\n102 Paragraph 79(l) of Schedule 2\n\nOmit “Corporation”, substitute “industry services body”.\n\n103 Paragraph 79(m) of Schedule 2\n\nOmit “by the Corporation”.\n\n104 Paragraph 79(n) of Schedule 2\n\nOmit “Corporation”, substitute “industry services body”.\n\n105 After clause 79 of Schedule 2\n\nInsert:","sortOrder":79},{"sectionNumber":"79A","sectionType":"section","heading":"How money is to be kept","content":"#### 79A How money is to be kept\n\n (1) Money in the Dairy Structural Adjustment Fund must:\n (a) until applied for the purposes of this Part; or\n (b) until invested under clause 79B;\n be kept by the industry services body in an account or accounts with an Australian ADI separate from any account or accounts in which other money is kept.\n (2) In this clause:\n\n> Australian ADI means:\n\n (a) an ADI (authorised deposit‑taking institution) within the meaning of the Banking Act 1959; or\n (b) a person who carries on State banking within the meaning of paragraph 51(xiii) of the Constitution.","sortOrder":80},{"sectionNumber":"79B","sectionType":"section","heading":"Money in Dairy Structural Adjustment Fund may be invested","content":"#### 79B Money in Dairy Structural Adjustment Fund may be invested\n\n Money in the Dairy Structural Adjustment Fund that is not immediately required for the purposes of this Part may be invested in any way in which trustees are for the time being authorised by a law in force in a State or Territory to invest trust funds.","sortOrder":81},{"sectionNumber":"79C","sectionType":"section","heading":"Report to Minister","content":"#### 79C Report to Minister\n\n (1) The industry services body must, as soon as practicable after 30 June in each year, prepare and give to the Minister a report on the administration of the Dairy Structural Adjustment Fund during the year that ended on that 30 June.\n (2) The Minister must cause a copy of each report to be tabled in each House of the Parliament within 15 sitting days of that House after the day on which the Minister receives the report.\n\n106 Clause 80 of Schedule 2\n\nOmit “Corporation”, substitute “industry services body”.\n\n107 Clauses 81 and 82 of Schedule 2\n\nRepeal the clauses.\n\n108 Subclause 83(1) of Schedule 2\n\nOmit “Corporation”, substitute “industry services body”.\n\nNote: The heading to clause 83 is altered by omitting “Corporation” and substituting “industry services body”.\n\n109 Subclause 83(2) of Schedule 2\n\nOmit “Corporation”, substitute “industry services body”.\n\n110 Subclause 84(1) of Schedule 2\n\nOmit “Corporation”, substitute “industry services body”.\n\nNote: The heading to clause 84 is altered by omitting “Corporation” and substituting “industry services body”.\n\n111 Subclause 85(1) of Schedule 2\n\nOmit “Corporation”, substitute “industry services body”.\n\nNote: The heading to clause 85 is altered by omitting “Corporation” and substituting “industry services body”.\n\n112 Paragraph 94(2)(c) of Schedule 2\n\nOmit “by the Corporation”.\n\n113 Paragraph 94(2)(d) of Schedule 2\n\nOmit “Corporation”, substitute “industry services body”.\n\n \n\nPart 2—Amendment of other Acts\n\nAdministrative Decisions (Judicial Review) Act 1977\n\n114 Paragraph (k) of Schedule 2\n\nOmit “Australian Dairy Corporation”.\n\nEqual Employment Opportunity (Commonwealth Authorities) Act 1987\n\n115 Subsection 3(1) (definition of authority)\n\nOmit all the words after “but does not include”, substitute “a relevant employer as defined in section 3 of the Equal Opportunity for Women in the Workplace Act 1999.”.\n\nFarm Household Support Act 1992\n\n116 Subsection 3(2)\n\nInsert:\n\n> industry services body has the same meaning as in the Dairy Produce Act 1986.\n\n117 Paragraph 52A(5A)(b)\n\nOmit “Australian Dairy Corporation”, substitute “industry services body”.\n\n118 Paragraph 52C(5)(b)\n\nOmit “Australian Dairy Corporation”, substitute “industry services body”.\n\n119 Subsection 56(2A)\n\nOmit “Australian Dairy Corporation” (wherever occurring), substitute “industry services body”.\n\n120 Subsection 56(3)\n\nOmit “Australian Dairy Corporation” (wherever occurring), substitute “industry services body”.\n\nPrimary Industries Levies and Charges Collection Act 1991\n\n121 After subsection 27(3)\n\nInsert:\n\n (3A) An authorised person may provide the following information to the industry services body:\n (a) the name, address, contact details and ABN of any person who has paid, or is liable to pay, dairy levy;\n (b) details relating to the amount of dairy levy that the person has paid, or is liable to pay.\n\n122 Subsection 27(4)\n\nInsert:\n\n> ABN has the meaning given by section 41 of the A New Tax System (Australian Business Number) Act 1999.\n\n123 Subsection 27(4)\n\nInsert:\n\n> dairy levy means levy that:\n\n (a) is or has been collected under this Act; and\n (b) is prescribed by regulations under this Act.\n\n124 Subsection 27(4)\n\nInsert:\n\n> industry services body has the same meaning as in the Dairy Produce Act 1986.\n\nSafety, Rehabilitation and Compensation Act 1988\n\n125 Subsection 128A(4) (paragraph (e) of the definition of prescribed Commonwealth authority)\n\nRepeal the paragraph.\n\n \n\nPart 3—Repeal of regulations\n\nDairy Research and Development Corporation Regulations 1990\n\n126 The whole of the regulations\n\nRepeal the regulations.\n\n \n\nPart 4—Transitional provisions\n\n127 Dairy produce\n\nA product that is dairy produce, immediately before the commencement of this item, under paragraph (c) of the definition of dairy produce in subsection 3(1) of the Dairy Produce Act 1986 is taken, after the commencement of this item, to continue to be dairy produce under that paragraph.\n\n128 Continuation of secrecy obligations\n\nSection 119 of the Dairy Produce Act 1986 as in force before the commencement of this item continues to apply after the commencement of this item to a person who, immediately before the commencement of this item, was a person to whom that section applied as if the amendments to that section made by this Schedule had not been made.\n\n129 Final annual reports\n\n(1) For the final reporting period, the directors of Dairy Australia Limited must, in relation to the Australian Dairy Corporation and the Dairy Research and Development Corporation, prepare the report referred to in section 9 of the Commonwealth Authorities and Companies Act 1997. The report may include such other matters as the directors consider appropriate.\n\n(2) For the purposes of this item, the final reporting period is to be treated as a financial year.\n\n(3) In this item:\n\nfinal reporting period means the period that:\n\n (a) started on 1 July 2002; and\n (b) ends at the commencement of this item.","sortOrder":82}],"analysis":{"summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The Act appears to have delivered exactly what it set out to do — privatise two Commonwealth dairy bodies into a single private entity (Dairy Australia Limited) while protecting employee entitlements and ensuring continuity of assets, liabilities and contracts. The scope remained consistent with its stated purpose of dairy industry service reform."},"complexity_factors":["Multiple interacting pieces of legislation referenced throughout (Corporations Act 2001, Safety Rehabilitation and Compensation Act, Long Service Leave Act, Maternity Leave Act, two Superannuation Acts, Dairy Produce Act, Primary Industries levies legislation, Archives Act, Workplace Relations Act)","Two distinct legal entities (ADC and DRDC) being treated differently — ADC converted in place, DRDC wound up and transferred — requiring separate treatment throughout","Highly technical employee entitlement provisions covering multiple scenarios (less than 10 years' service, more than 10 years, death, maternity leave before and after conversion, superannuation exclusions)","Precise timing mechanics using defined terms ('commencing time', 'conversion time') that create a narrow transitional window with different legal rules applying before and after each moment","Cross-jurisdictional elements — stamp duty exemptions affecting state/territory laws, extraterritorial operation, Crown binding provisions","Significant repetition and duplication in the document as provided, making the actual structure harder to follow","Corporate law concepts (company limited by guarantee, Corporations Act registration process, ACN issuance) layered onto public sector employment law concepts","Constitutional law safeguard (section 51(xxxi) acquisition on just terms) embedded in the operative provisions"],"plain_english_summary":"This Act privatised two government dairy bodies by converting the Australian Dairy Corporation and abolishing the Dairy Research and Development Corporation, transferring their assets, contracts and staff into a single private company, Dairy Australia Limited, and removing their government status.\n\nIt affected dairy producers (first purchasers had to supply farmer contact details so farmers could be invited to join the new company), preserved employee pay, entitlements and continuity, and moved contracts/assets (without stamp duty), shifting industry service delivery from public to private while protecting rights."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[{"type":"impossible_compliance","section":"Section 10(1)","severity":"high","reasoning":"Dairy Australia Limited is defined in s.8 as ADC 'after it is registered under the Corporations Act 2001 as mentioned in section 11'. Section 11 deems that registration to occur 'at the conversion time'. Therefore, during the pre-conversion period referred to in s.10(1), Dairy Australia Limited does not exist as a legal entity. Proposed directors purporting to act on its behalf have no principal capable of being bound. The section then deems at the conversion time that the contract was entered into 'under section 5 of the Dairy Produce Act 1986', but it was in fact entered into by persons on behalf of a non-existent entity. This is a legal impossibility dressed up in deeming language.","confidence":0.85,"description":"The section permits proposed directors to enter into contracts 'on behalf of Dairy Australia Limited' during the period before the conversion time — but Dairy Australia Limited does not legally exist until the conversion time (s.11). Contracting parties cannot bind a non-existent entity."},{"type":"self_contradicting","section":"Section 26(3)","severity":"medium","reasoning":"Section 14(1) provides that after the conversion time, Dairy Australia Limited 'is not taken, for the purposes of a law, to be ... a Commonwealth authority'. Section 26(3) then provides that, also after the conversion time, Dairy Australia Limited 'is taken to be a Commonwealth authority' for s.71 SRC Act purposes. While s.14(1) contains a carve-out for laws that 'expressly provide otherwise', the tension between the general rule in s.14 and the specific deeming in s.26(3) creates logical incoherence — particularly since s.14 was presumably enacted to achieve a clean privatisation. The s.71 SRC Act deeming undermines the privatisation's stated purpose.","confidence":0.78,"description":"After the conversion time, Dairy Australia Limited — which s.14 expressly declares is NOT a Commonwealth authority — is simultaneously deemed to BE a Commonwealth authority for the purposes of s.71 of the SRC Act. The same entity is both not-a-Commonwealth-authority and a-Commonwealth-authority at the same time."},{"type":"impossible_compliance","section":"Section 33(6)","severity":"medium","reasoning":"The trigger for s.33(4) is that the employee has already stopped being an employee (or is about to). Requiring leave to 'end immediately before the employee stops being an employee' assumes there is a future termination date against which to schedule leave. But if the employee is retrenched or reaches retirement age, the termination event is discrete and immediate. There is no mechanism for an employee to take leave after being retrenched or retired and have it end 'immediately before' they stop employment — they have already stopped. This mirrors a similar provision in the underlying Long Service Leave Act but applied in a context where it creates a temporal impossibility.","confidence":0.72,"description":"Long service leave granted under s.33(4) (triggered by retrenchment or reaching minimum retiring age) 'must be taken so as to end immediately before the employee stops being an employee.' This is physically impossible: an employee on leave who has already been retrenched or retired cannot return to work after the leave ends, meaning the leave would have to commence and conclude before a termination event that has already occurred."},{"type":"circular_definition","section":"Section 7(3)(c)","severity":"low","reasoning":"Section 8 defines 'Dairy Australia Limited means ADC, after it is registered under the Corporations Act 2001'. Section 11 deems registration to occur at the conversion time. Part 2 (s.7) operates from the commencing time. So s.7(3)(c) has the ADC inviting producers to apply 'to the Corporation' to become members of Dairy Australia Limited — which is the same legal entity the Corporation will become. The invitation is from an entity to join itself in a future form. This is not logically impossible (it is a transitional mechanism) but it is structurally circular and creates uncertainty about who is actually receiving the application.","confidence":0.65,"description":"The Australian Dairy Corporation is permitted to use producer information 'to invite the producers to make applications to the Corporation to become such a member' of Dairy Australia Limited. However, the ADC and Dairy Australia Limited are the same entity — ADC is Dairy Australia Limited after conversion. The Corporation cannot invite producers to apply to itself under a different name to become members of itself."},{"type":"other","section":"Section 27(7)","severity":"low","reasoning":"Section 27(6) imposes a mandatory obligation ('must be published in the Gazette within 14 days'). Section 27(7) immediately neutralises that obligation by confirming that non-compliance does not invalidate the direction. The result is a statutory obligation that carries no legal consequence, making it aspirational at best and misleading at worst. This is a classic drafting absurdity: a 'must' provision that is immediately converted into a 'should if you can be bothered' provision.","confidence":0.9,"description":"A direction to pay money out of the Consolidated Revenue Fund is declared 'not invalid merely because it has not been published' in the Gazette within 14 days as required by s.27(6). This renders the mandatory publication requirement in s.27(6) entirely toothless — a legal obligation with no legal consequence for breach."},{"type":"other","section":"Section 9(1) read with Section 11(1)","severity":"medium","reasoning":"Section 9(1) creates a positive legal obligation on ADC to apply for registration. However, s.11(1) operates as a deeming provision that has ASIC taken to have registered ADC at the conversion time irrespective of any actual application or ASIC decision. If registration is automatic by force of statute, the obligation to apply serves no operative legal purpose. An entity could be in breach of s.9(1) (for failing to apply promptly) but still be deemed registered under s.11(1). The mandatory application process is structurally superfluous to the registration outcome.","confidence":0.8,"description":"ADC 'must apply' to ASIC to register itself as a company, but s.11(1) deems that at the conversion time 'ASIC is taken to have registered ADC' regardless of whether the application was ever made or processed. The mandatory application obligation in s.9 is rendered legally redundant by the automatic deemed registration in s.11."}],"contradictions":[{"severity":"medium","section_a":"Section 14(1)","section_b":"Section 26(3)","confidence":0.8,"description":"Section 14(1) declares that after the conversion time Dairy Australia Limited is not to be taken to be a Commonwealth authority for the purposes of any law, unless a law expressly provides otherwise. Section 26(3) then expressly provides that Dairy Australia Limited IS taken to be a Commonwealth authority for the purposes of s.71 of the SRC Act. While s.14(1)'s carve-out technically accommodates s.26(3), the two provisions are in direct conceptual conflict and undermine the privatisation policy objective stated in s.14."},{"severity":"medium","section_a":"Section 21(3)","section_b":"Section 21(4)","confidence":0.75,"description":"Section 21(3) provides that transferring DRDC employees are not entitled to receive any payment 'merely because of the operation of this Division'. Section 21(4) provides the equivalent for transferring ADC employees but refers to 'this Part' (a broader scope). The inconsistent scope of the exclusion — Division for DRDC employees, Part for ADC employees — means DRDC employees may have a wider entitlement to seek payments under other Divisions within the Part, while ADC employees are excluded from the entire Part. This differential treatment is unexplained and potentially irrational."},{"severity":"medium","section_a":"Section 33(2)","section_b":"Section 35","confidence":0.7,"description":"Section 33(2) expressly provides that s.33 'does not apply in relation to an employee who dies.' Section 35 then provides that on the death of an employee, Dairy Australia Limited must make payments calculated by reference to what 'would have been payable to the person under section 34' — which itself only applies in circumstances that mirror those in s.33. The interaction between these provisions is unclear: the exclusion of deceased employees from s.33 while s.35 calculates payments by reference to a notional s.34 entitlement (which itself relies on s.36(2), which depends on s.33) creates a circular and potentially incalculable entitlement for dependants."},{"severity":"medium","section_a":"Section 9(1)","section_b":"Section 11(1)","confidence":0.82,"description":"Section 9(1) imposes a mandatory obligation on ADC to apply to ASIC for registration. Section 11(1) deems that ASIC 'is taken to have registered ADC' at the conversion time regardless of whether the s.9 application process was completed, approved, or even commenced. The mandatory process in s.9 is rendered legally redundant by the automatic statutory outcome in s.11, creating a contradiction between process obligation and substantive outcome."},{"severity":"low","section_a":"Section 7(3)","section_b":"Section 14(1)","confidence":0.65,"description":"Section 7(3) authorises the Australian Dairy Corporation (a Commonwealth statutory authority) to collect and use producer information to facilitate membership of Dairy Australia Limited. Section 14(1) subsequently provides that Dairy Australia Limited is not a Commonwealth authority. The information collection regime in s.7 is premised on the Commonwealth's regulatory relationship with producers, but the entity being promoted through that information is one that the Act simultaneously declares to be outside the Commonwealth framework. This creates an asymmetry between the public coercive power used to gather information and the private entity that benefits from it."}]},"kimi_summary":{"_metrics":{"completionTokens":559},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation appears complete and consistent with its original purpose — privatising dairy corporations and managing the transition of employees and assets. No significant scope expansion detected."},"complexity_factors":["Multiple defined terms (14 in Part 3 Division 1 alone) with cross-references to other Acts","Complex temporal mechanics with 'conversion time', 'commencing time', and 'combined service period'","Nested conditional logic for employee entitlements (long service leave has 6+ triggering conditions)","Extensive cross-referencing to 6+ other Commonwealth Acts (Corporations Act, SRC Act, Long Service Leave Act, etc.)","Subdivision structure (5 subdivisions in Division 4) with overlapping application rules","Deeming provisions that treat past events as having different legal consequences","Statutory formula for calculating 'long service leave credit' with hypothetical scenarios"],"plain_english_summary":"This Act privatises Australia's dairy industry bodies by converting the **Australian Dairy Corporation (ADC)** into a private company called **Dairy Australia Limited**, and merging the **Dairy Research and Development Corporation (DRDC)** into it.\n\n**What it does:**\n\n- **Creates a new private company**: The ADC becomes \"Dairy Australia Limited\" — a company limited by guarantee registered under the Corporations Act 2001. This means it's no longer a government body.\n\n- **Transfers assets and liabilities**: All assets and debts of the DRDC automatically transfer to Dairy Australia Limited at the \"conversion time\" (when Schedule 1 starts).\n\n- **Protects employees**: Staff from both corporations keep their jobs, with continuous service recognised. Special rules preserve their entitlements to:\n - Workers' compensation for pre-existing injuries\n - Maternity leave (if already on leave or eligible within 9 months)\n - Long service leave (with complex rules based on years of service)\n\n- **Excludes superannuation**: Dairy Australia Limited is explicitly excluded from Commonwealth superannuation schemes — employees must make private arrangements.\n\n- **Allows data collection**: The Australian Dairy Corporation can require dairy buyers (\"first purchasers\") to provide contact details of farmers, to inform them about membership eligibility.\n\n- **Provides tax exemptions**: No stamp duty or state taxes apply to the asset transfers.\n\n**Who it affects:** Dairy farmers, dairy industry employees, dairy processors/buyers, and the two former government corporations.\n\n**Why it matters:** This was part of broader agricultural deregulation in 2003, shifting industry service delivery from government to a private, member-based organisation funded by levies."},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"Yes. The Act goes beyond a narrow technical conversion of Commonwealth agencies into a Corporations Act company. It simultaneously: (a) redesigns how dairy levies are handled (creates a funding contract and channels levy receipts to a declared industry services body and to a Dairy Structural Adjustment Fund) (see sections 5–6 and Schedule 1 amendments); (b) replaces many statutory functions formerly vested in Commonwealth corporations with powers and duties for a private company (numerous Schedule amendments to the Dairy Produce Act 1986 and the new declaration mechanism in section 7); and (c) changes information‑sharing, export control and reporting arrangements (new levy data sharing under Levies and Charges Collection Act insertion; export approval/regulation powers in amended Dairy Produce Act provisions). In short, the instrument shifts operational control, funding flows and governance from Commonwealth corporations to an industry‑run corporate body and adds a substantial suite of funding, reporting and transitional rules (see: Parts 2–3, Schedule 1)."},"complexity_factors":["Large number of cross‑references and amendments to multiple Acts (Dairy Produce Act 1986, Corporations Act 2001, Levies and Charges Collection Act 1991, SRC Act, Long Service Leave Act, Superannuation Acts)","Many defined terms and repeated redefinitions in Schedule 1 (dozens of definitions changed or repealed in subsection 3(1) of the Dairy Produce Act)","Conditional mechanics tied to two different moments (commencing time and conversion time) and to a Proclamation (Schedule commencement)","Nested employee entitlements with multiple sub‑tests (long service leave rules distinguishing <10 years and ≥10 years service, maternity leave before/after conversion time, SRC Act rehabilitation and premium adjustments)","Multiple exceptions and saving provisions (stamp duty exemption certificates, Archives Act protections, substitution of parties in litigation)","Complex appropriation and matching payment formula (caps, carry‑forward/unmatched R&D excess calculation with a lesser‑of formula)","Extensive transitional provisions and repeated, near‑duplicate insertions in Schedule 1 increasing reading overhead","Ministerial discretions and approval points (minister approves constitution and proposed directors, can declare industry body, may certify exemptions)","New operational requirements for data sharing, tabling, reporting and registers (registers of members and voters, tabling in Parliament, annual reporting content)"],"plain_english_summary":"**What this law does (mechanics first)**\n\n- Converts the existing Commonwealth dairy agencies into a single private-law company and moves their money, staff, assets and legal responsibilities across. In practice the Australian Dairy Corporation (ADC) and the Dairy Research and Development Corporation (DRDC) are turned into “Dairy Australia Limited” under the Corporations Act (see: registration/transfer rules at sections 9–11, and transfer of assets/liabilities at sections 15–16 of Part 3).\n- Creates a funding arrangement by which levy money collected from the dairy sector is paid to an eligible industry body under a funding contract with the Commonwealth (section 5). The Consolidated Revenue Fund is appropriated to make those payments within limits set by the Act (section 6 and Schedule 1 amendments to the Dairy Produce Act 1986).\n- Establishes an “industry services body” (the entity the Minister may declare once a contract exists) that will receive dairy service payments and, in some years, matching payments for R&D under the contract (declaration and role: section 7; funding contract: section 5; appropriation limits: section 6 and related Schedule amendments).\n- Authorises sharing of levy payer details with the industry body (so the industry body can maintain member and voter registers and contact producers) — ADC/first purchasers must supply basic producer information on notice, and the Levies and Charges Collection Act is amended to allow authorised disclosure to the industry services body (section 7; Schedule amendments and insertion into the Levies and Charges Collection Act: new subsection 27(3A)).\n- Protects and transfers employees and employment entitlements on conversion (continuity of service, long service leave, maternity leave, rehabilitation liabilities and some Commonwealth workers’ compensation arrangements) (see clauses in Division 4: sections 20–38).\n- Provides transitional and practical measures: substitution of parties in proceedings, certificates to register transferred assets, exemptions from stamp duties on the transfers, treatment of accounting records and final Commonwealth reporting (sections 15–19, 13, 17; Schedule 1 transitional items).\n- Gives the Minister delegated powers and requires certain tablings and reports in Parliament (delegation: section 41; tabling obligations for funding contracts and declarations: sections 5(6)–(7) and 7(3); annual reporting obligations: Schedule amendments).\n\n**Who this affects**\n\n- Dairy producers (pay dairy levy and are the subjects of information sharing; first purchasers must disclose producer details on notice) (Part 2, section 7; Levies Collection Act amendments).\n- First purchasers of dairy produce (statutory notice power to supply producer name, address, contact details and ABN — s 7(1)–(2)).\n- The Australian Dairy Corporation and the Dairy Research and Development Corporation (they become corporatised and their assets, liabilities and staff shift to Dairy Australia Limited) (Part 3 Divisions 2–3, sections 9–16).\n- The new industry services body / Dairy Australia Limited (becomes the recipient of levy-funded payments, keeper of the Dairy Structural Adjustment Fund and subject to new reporting and governance rules) (sections 5–8; Schedule 1 amendments to the Dairy Produce Act 1986).\n- Commonwealth (through appropriation and contingent liabilities — e.g. where the Commonwealth remains liable for certain workers’ compensation liabilities under the SRC Act — sections 25–27).\n- State/Territory revenue authorities (stamp duty exemptions are provided for specified transfers; Minister may certify exempt matters — section 17).\n\n**Why it matters (official purpose and practical effects)**\n\nOfficially the Act implements a structural reform: converting government corporations into a corporations‑law entity and establishing a new industry body to receive levy funds to provide industry services (registration mechanic: sections 9–11; funding mechanism: sections 5–6; declaration of body: section 7). The Act therefore changes: who controls levy-funded activity (from a Commonwealth authority to an incorporated industry body), how levy funds are allocated (funding contract and limits in section 6), and how producer information is shared (notice and Levies Collection Act amendment).\n\nTesting that claim against likely costs, incentives and risks (mechanism-focused):\n\n- Who pays: levy payers (dairy producers) through the dairy service levy (definitions and levy‑flow mechanics in Schedule 1 amendments and the inserted definition of \"dairy service levy\"), and ultimately the Commonwealth via appropriations limited by the amount of levy money received (s 6). The Act therefore channels producer levies to a non‑Crown company via a Commonwealth funding contract (s 5–6).\n- Who decides: the Minister approves the constitution and proposed directors for registration (s 9(3)–(4)), negotiates the funding contract (s 5), and may declare the industry services body (s 7). That concentrates important implementation discretion in the Minister (choice of eligible body, contract terms and approval of governance arrangements).\n- Behaviour changes and incentives: the industry body receives levy funds to spend on marketing, promotion and R&D (s 5(2)). That creates an incentive for levy payers to become members and participate in polls that determine levy amounts (polls required before recommendations — Schedule/Dairy Produce Act amendments, section 9). The availability of matching payments for R&D (s 6(4)) encourages the industry body to spend on qualifying R&D, up to caps. The funding contract can limit Commonwealth exposure (s 5(3)), leaving unspent levy money in the industry body or the Dairy Structural Adjustment Fund.\n- Concentrated benefits and substitution effects: the declared industry services body is the direct recipient of levy funds and so benefits from their use (mechanism: s 5, Schedule changes). Producers who are members or otherwise aligned with the body stand to gain disproportionate influence over how levy money is spent (governance input via membership, polls and corporate governance). Funds formerly handled by separate research/promotion entities are consolidated, which changes who commissions R&D and promotion work and may shift procurement to private suppliers.\n- Compliance and administrative burden: first purchasers must comply with written notices to provide producer details (s 7(1)–(2)). The industry body and the Minister must meet tabling and reporting obligations (s 5(6)–(7); Schedule annual reporting and tabling rules), and the Levies Collection Act is altered to permit sharing of levy payer data (new s 27(3A)), requiring systems to manage privacy, registers and voting rolls.\n- Fiscal and legal trade‑offs: the Commonwealth remains fiscally involved (appropriation of levy receipts under s 6) but reduces direct operational control by corporatising the entities and shifting operational functions to a company structure (s 11, s 14). The Act also preserves some Commonwealth liabilities (for certain workers’ compensation liabilities) while granting the industry body protections (stamp duty exemptions for asset transfers — s 17).\n- Implementation risk and complexity: the measure is implemented by a wide set of linked changes to other Acts (Corporations Act, Commonwealth Authorities and Companies Act accounting treatment, SRC Act application, Levies and Charges Collection Act, Dairy Produce Act 1986 and many Schedule amendments). The large set of transitional and cross‑references raises administrative and legal coordination risks (see Division 3 Schedule amendments throughout).\n\n**Key citations for mechanics and obligations**\n- Minister may contract and set conditions: section 5 (funding contract).\n- Appropriation and caps on payments: section 6 (overall limits and matching rules).\n- Minister may declare the industry services body once contract in place: section 7.\n- ADC must apply for and is taken to be registered as Dairy Australia Limited: sections 9–11.\n- Transfer of DRDC assets/liabilities and substitution in proceedings: sections 15–16.\n- Requirement for first purchasers to provide producer information on notice: section 7(1)–(2); authorised disclosure to industry body added to Levies and Charges Collection Act (Schedule insertion / new subsection 27(3A)).\n- Employee protections and continuity rules (service, long service leave, maternity leave, SRC Act application): sections 20–38.\n- Stamp duty exemption and Minister certification: section 17.\n\n(For more detail consult the sections noted above and the extensive Schedule 1 amendments to the Dairy Produce Act 1986 which re‑cast many existing provisions to reflect the new industry services body and funding model.)"}},"importantCases":[],"_links":{"self":"/api/acts/dairy-industry-service-reform-act-2003","history":"/api/acts/dairy-industry-service-reform-act-2003/history","analysis":"/api/acts/dairy-industry-service-reform-act-2003/analysis","conflicts":"/api/acts/dairy-industry-service-reform-act-2003/conflicts","importantCases":"/api/acts/dairy-industry-service-reform-act-2003/important-cases","documents":"/api/acts/dairy-industry-service-reform-act-2003/documents"}}