{"id":"C2004A00756","name":"Horticulture Marketing and Research and Development Services (Repeals and Consequential Provisions) Act 2000","slug":"horticulture-marketing-and-research-and-development-services-repeals-and-consequential-provisions-ac","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"163 of 2000","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":6107,"registerId":"commonwealth-C2004A00756-current","compilationNumber":null,"startDate":"2026-03-30","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","content":"#### 1 Short title\n\n  This Act may be cited as the Horticulture Marketing and Research and Development Services (Repeals and Consequential Provisions) Act 2000.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  (1) Subject to this section, this Act commences at the same time as Part 2 of the Horticulture Marketing and Research and Development Services Act 2000.\n  (2) Schedules 1 (repeals) and 2 (consequential amendments) commence on the transfer day, immediately after the transfer of assets, liabilities and staff under Part 2.\n\n> Note: See sections 12 and 13 for the transfer day, and the time at which the transfer occurs.\n\n  (3) Schedule 3 (references to Administrative Appeals Tribunal) commences at the later of:\n    (a) the time when Parts 4 to 10 of the Act that establishes the Administrative Review Tribunal commence; and\n    (b) the time immediately after the Horticulture Marketing and Research and Development Services Act 2000 receives the Royal Assent.\n\n> Note: The short title of the Act that establishes the Administrative Review Tribunal is either the Administrative Review Tribunal Act 2000 or the Administrative Review Tribunal Act 2001.\n\n  (4) Schedule 4 (operation of the Privacy Act) commences at the later of:\n    (a) the time when Schedule 1 to the Privacy Amendment (Private Sector) Act 2000 commences; and\n    (b) the time immediately after the Horticulture Marketing and Research and Development Services Act 2000 receives the Royal Assent.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Simplified outline","content":"#### 3 Simplified outline\n\n  The following is a simplified outline of this Act:\n\nThis Act deals with the transition from the Australian Horticultural Corporation, Horticultural Research and Development Corporation and the Australian Dried Fruits Board to new bodies. The new bodies are those declared under the Horticulture Marketing and Research and Development Services Act 2000.\n\nThe Minister must determine a transfer day (see section 12).\n\nOn the transfer day assets, liabilities and staff of the Corporations and the Board are transferred to the new industry services body (see Divisions 2, 3 and 4 of Part 2).\n\nThe system of export controls in place under the Australian Horticultural Corporation Act 1987 is kept in place for a maximum period of 2 years after the transfer day. Export controls on particular products can be phased out during the 2 year period, as controls on those products are brought in under the Horticulture Marketing and Research and Development Services Act 2000 (see Division 5 of Part 2 of this Act).\n\nThe Australian Horticultural Corporation Act 1987 and the Horticultural Research and Development Corporation Act 1987 are repealed once the assets, liabilities and staff of the bodies established by those Acts have been transferred to the new industry services body.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n  (1) In this Act, unless the contrary intention appears:\n\n> ADF Trust Amount has the meaning given by section 17.\n\n> APS employee has the same meaning as in the Public Service Act 1999.\n\n> assets means any legal or equitable estate or interest of the authority in real or personal property (whether actual, contingent or prospective) and includes all rights, powers, privileges and immunities (whether actual, contingent or prospective).\n\n> assets official means a person or authority who, under a law, has responsibility for keeping a register in relation to assets of the kind concerned.\n\n> combined service period, in relation to an employee, means the total of:\n\n    (a) the period that is, immediately before the transfer day, 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 the industry services body.\n\n> DFRDB Act means the Defence Force Retirement and Death Benefits Act 1973.\n\n> Dried Fruits Trust has the meaning given by section 17.\n\n> employee, in relation to a statutory authority, means a person who was, immediately before the transfer day, an officer or an employee of the authority, and includes the Chief Executive Officer, Managing Director or General Manager of the authority.\n\n> industry export control body means the body for the time being declared to be the industry export control body under the Horticulture Marketing and Research and Development Services Act 2000.\n\n> industry services body means the body that was the industry services body under the Horticulture Marketing and Research and Development Services Act 2000 on 31 December 2024.\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> liabilities means all liabilities, duties and obligations, 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 transfer day.\n\n> Maternity Leave Act means the Maternity Leave (Commonwealth Employees) Act 1973, as in force immediately before the transfer day.\n\n> post‑commencement long service leave rights, in relation to an employee, means any long service leave rights the employee acquires on or after the transfer day under an award, determination, industrial agreement or law (other than this Act).\n\n> previous employer, in relation to a transferred employee, means the statutory authority that employed the employee immediately before the transfer day.\n\n> SRC Act means the Safety, Rehabilitation and Compensation Act 1988, as in force immediately before the transfer day.\n\n> statutory authority means:\n\n    (a) the Australian Horticultural Corporation; or\n    (b) the Horticultural Research and Development Corporation; or\n    (c) the Australian Dried Fruits Board.\n\n> transfer day means the day specified by the Minister as the transfer day in a determination under section 12.\n\n> transferred employee means a person whose employment is transferred under section 24.\n\n> transitional period means the period of 24 months beginning on the transfer day.\n\n  (2) Expressions used in this Act that are defined in the Horticulture Marketing and Research and Development Services Act 2000 have the same meanings as they have in that Act.\n  (3) Expressions used in Subdivision F of Division 4 of Part 2 that are defined in the Long Service Leave Act have the same meanings as they have in that Act.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Crown to be bound","content":"#### 5 Crown to be bound\n\n  This Act binds the Crown in each of its capacities.","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Extra‑territorial operation","content":"#### 6 Extra‑territorial operation\n\n  This Act applies both within and outside Australia.","sortOrder":6},{"sectionNumber":"Part 2","sectionType":"part","heading":"Transitional provisions","content":"An Act to deal with matters consequential on the enactment of the Horticulture Marketing and Research and Development Services Act 2000, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Horticulture Marketing and Research and Development Services (Repeals and Consequential Provisions) Act 2000.\n\n#### 2 Commencement\n\n  (1) Subject to this section, this Act commences at the same time as Part 2 of the Horticulture Marketing and Research and Development Services Act 2000.\n  (2) Schedules 1 (repeals) and 2 (consequential amendments) commence on the transfer day, immediately after the transfer of assets, liabilities and staff under Part 2.\n\n> Note: See sections 12 and 13 for the transfer day, and the time at which the transfer occurs.\n\n  (3) Schedule 3 (references to Administrative Appeals Tribunal) commences at the later of:\n    (a) the time when Parts 4 to 10 of the Act that establishes the Administrative Review Tribunal commence; and\n    (b) the time immediately after the Horticulture Marketing and Research and Development Services Act 2000 receives the Royal Assent.\n\n> Note: The short title of the Act that establishes the Administrative Review Tribunal is either the Administrative Review Tribunal Act 2000 or the Administrative Review Tribunal Act 2001.\n\n  (4) Schedule 4 (operation of the Privacy Act) commences at the later of:\n    (a) the time when Schedule 1 to the Privacy Amendment (Private Sector) Act 2000 commences; and\n    (b) the time immediately after the Horticulture Marketing and Research and Development Services Act 2000 receives the Royal Assent.\n\n#### 3 Simplified outline\n\n  The following is a simplified outline of this Act:\n\nThis Act deals with the transition from the Australian Horticultural Corporation, Horticultural Research and Development Corporation and the Australian Dried Fruits Board to new bodies. The new bodies are those declared under the Horticulture Marketing and Research and Development Services Act 2000.\n\nThe Minister must determine a transfer day (see section 12).\n\nOn the transfer day assets, liabilities and staff of the Corporations and the Board are transferred to the new industry services body (see Divisions 2, 3 and 4 of Part 2).\n\nThe system of export controls in place under the Australian Horticultural Corporation Act 1987 is kept in place for a maximum period of 2 years after the transfer day. Export controls on particular products can be phased out during the 2 year period, as controls on those products are brought in under the Horticulture Marketing and Research and Development Services Act 2000 (see Division 5 of Part 2 of this Act).\n\nThe Australian Horticultural Corporation Act 1987 and the Horticultural Research and Development Corporation Act 1987 are repealed once the assets, liabilities and staff of the bodies established by those Acts have been transferred to the new industry services body.\n\n#### 4 Definitions\n\n  (1) In this Act, unless the contrary intention appears:\n\n> ADF Trust Amount has the meaning given by section 17.\n\n> APS employee has the same meaning as in the Public Service Act 1999.\n\n> assets means any legal or equitable estate or interest of the authority in real or personal property (whether actual, contingent or prospective) and includes all rights, powers, privileges and immunities (whether actual, contingent or prospective).\n\n> assets official means a person or authority who, under a law, has responsibility for keeping a register in relation to assets of the kind concerned.\n\n> combined service period, in relation to an employee, means the total of:\n\n    (a) the period that is, immediately before the transfer day, 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 the industry services body.\n\n> DFRDB Act means the Defence Force Retirement and Death Benefits Act 1973.\n\n> Dried Fruits Trust has the meaning given by section 17.\n\n> employee, in relation to a statutory authority, means a person who was, immediately before the transfer day, an officer or an employee of the authority, and includes the Chief Executive Officer, Managing Director or General Manager of the authority.\n\n> industry export control body means the body for the time being declared to be the industry export control body under the Horticulture Marketing and Research and Development Services Act 2000.\n\n> industry services body means the body that was the industry services body under the Horticulture Marketing and Research and Development Services Act 2000 on 31 December 2024.\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> liabilities means all liabilities, duties and obligations, 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 transfer day.\n\n> Maternity Leave Act means the Maternity Leave (Commonwealth Employees) Act 1973, as in force immediately before the transfer day.\n\n> post‑commencement long service leave rights, in relation to an employee, means any long service leave rights the employee acquires on or after the transfer day under an award, determination, industrial agreement or law (other than this Act).\n\n> previous employer, in relation to a transferred employee, means the statutory authority that employed the employee immediately before the transfer day.\n\n> SRC Act means the Safety, Rehabilitation and Compensation Act 1988, as in force immediately before the transfer day.\n\n> statutory authority means:\n\n    (a) the Australian Horticultural Corporation; or\n    (b) the Horticultural Research and Development Corporation; or\n    (c) the Australian Dried Fruits Board.\n\n> transfer day means the day specified by the Minister as the transfer day in a determination under section 12.\n\n> transferred employee means a person whose employment is transferred under section 24.\n\n> transitional period means the period of 24 months beginning on the transfer day.\n\n  (2) Expressions used in this Act that are defined in the Horticulture Marketing and Research and Development Services Act 2000 have the same meanings as they have in that Act.\n  (3) Expressions used in Subdivision F of Division 4 of Part 2 that are defined in the Long Service Leave Act have the same meanings as they have in that Act.\n\n#### 5 Crown to be bound\n\n  This Act binds the Crown in each of its capacities.\n\n#### 6 Extra‑territorial operation\n\n  This Act applies both within and outside Australia.\n\n## Part 2—Transitional provisions\n\n### Division 2—Transfer day\n\n#### 11 Simplified outline\n\n  The following is a simplified outline of this Division:\n\nThis Division provides for the Minister to determine the transfer day.\n\n#### 12 Minister must determine transfer day\n\n  (1) The Minister must determine, in writing, that a specified day is the transfer day for the purposes of this Act.\n  (2) The day:\n    (a) must not be a day before both of the following declarations have taken effect under section 9 of the Horticulture Marketing and Research and Development Services Act 2000:\n    (i) the first declaration of the industry services body;\n    (ii) the first declaration of the industry export control body; and\n    (b) must be a day within the period of 6 months after the commencement of this section.\n  (3) The determination has effect accordingly.\n  (4) A copy of the determination is to be published in the Gazette within 14 days after the determination is made.\n  (5) The determination can be varied or revoked by the Minister in the same manner in which it was made, but it cannot be varied or revoked on or after the day specified in the determination as the transfer day.\n  (6) The determination is not invalid merely because it has not been published as required under subsection (4).\n\n#### 13 Time of transfers\n\n  Any transfer occurring under this Part is taken to occur immediately after the end of the day before the transfer day.\n\n### Division 3—Transfer of assets and liabilities etc.\n\n#### 14 Simplified outline\n\n  The following is a simplified outline of this Division:\n\nOn the transfer day, the assets and liabilities of the 3 statutory authorities vest in the new industry services body.\n\nSpecial provision is made for the transfer of certain money of the Australian Dried Fruits Board (see section 17).\n\nTransfers are not subject to taxation (see section 19).\n\nOther transitional matters (such as the transfer of records, outstanding money and legal proceedings) are also dealt with.\n\n#### 15 Transfers subject to conditions\n\n  The deed of agreement may contain conditions relating to an asset or liability, or a class of assets or liabilities, transferred to the industry services body under this Act.\n\n> Note: The Horticulture Marketing and Research and Development Services Act 2000 and the of deed of agreement provide for the consequences of a breach of the deed by the industry services body (see sections 10, 16 and 27 of that Act, and the provisions of the deed).\n\n#### 16 Transfer of assets and liabilities\n\n  (1) This section applies to:\n    (a) the assets of a statutory authority (other than the ADF Trust Amount); and\n    (b) the liabilities of a statutory authority (other than a liability referred to in section 28).\n\n> Note: The transfer of the ADF Trust Amount is dealt with in section 17.\n\n  (3) On the transfer day:\n    (a) the assets and liabilities cease to be assets and liabilities of the authority and become assets and liabilities of the industry services body without any conveyance, transfer or assignment; and\n    (b) the industry services body becomes the statutory authority’s successor in law in relation to the assets and liabilities immediately after they become assets and liabilities of the industry services body.\n\n> Note: See also sections 18 and 21.\n\n#### 17 ADF Trust Amount\n\n  (1) The Minister may determine, in writing, that:\n    (a) a particular amount of money of the Australian Dried Fruits Board is the ADF Trust Amount for the purposes of this section; and\n    (b) a particular trust is the Dried Fruits Trust for the purposes of this section.\n  (2) If the Minister has made a determination under subsection (1) before the transfer day, the ADF Trust Amount vests in the trustees on the transfer day and is held on trust by the trustees for the purposes of the Dried Fruits Trust.\n  (3) If the ADF Trust Amount is transferred under subsection (2), it vests in the trustees without any conveyance, transfer or assignment.\n  (4) A copy of the determination is to be published in the Gazette within 14 days after the determination is made.\n  (5) The determination is not invalid merely because it has not been published as required under subsection (4).\n\n#### 18 Transfer of pending proceedings\n\n  (1) This section applies if, as a result of a transfer under this Act, a person (the successor) becomes the successor in law of another person (the original person) at a particular time in relation to a particular asset, liability, right, benefit or obligation.\n  (2) If any proceedings to which the original person was a party:\n    (a) were pending in any court or tribunal immediately before that time; and\n    (b) related, in whole or in part, to the asset, liability, right, benefit or obligation, as the case may be;\n  the successor is, by force of this subsection, substituted for the original person as a party to the proceedings to the extent to which the proceedings relate to the asset, liability, right, benefit or obligation, as the case requires.\n\n#### 19 Exemption from taxation\n\n  Stamp duty or other tax is not payable under a law of a State or Territory in respect of:\n    (a) a transfer of an asset or liability of a statutory authority under this Act; or\n    (b) anything done (including a transaction entered into or an instrument or document made, executed, lodged or given) because of, or for a purpose connected with or arising out of, such a transfer.\n\n#### 19A Operation of GST Law\n\n  (1) For the purposes of the GST Law, a transfer to a person or body under section 16 or 17 of this Act is taken to be consideration provided by the Commonwealth to that person or body for:\n    (a) in the case of a transfer under section 16—entering into obligations under the deed of agreement by the industry services body; and\n    (b) in the case of a transfer under section 17—entering into obligations under the deed of trust establishing the Dried Fruits Trust by the trustees of that Trust.\n  (2) Expressions used in this section have the same meanings as they have in the A New Tax System (Goods and Services Tax) Act 1999.\n\n#### 20 References in certain instruments\n\n  (1) An instrument to which subsection (2) applies continues to have effect on and after the transfer day as if a reference in the instrument to the statutory authority were a reference to the industry services body.\n  (2) This subsection applies to an instrument if it is:\n    (a) in operation immediately before the transfer day; and\n    (b) is an instrument:\n    (i) to which a statutory authority is a party; or\n    (ii) which was given to, or in favour of, a statutory authority; or\n    (iii) in which a reference is made to a statutory authority; or\n    (iv) under which any right or liability accrues or may accrue to a statutory authority.\n\n#### 21 Certificates in relation to assets\n\n  (1) This section applies if:\n    (a) an asset (other than money) becomes an asset of the industry services body under this Division; and\n    (b) there is lodged with an assets official a certificate that:\n    (i) is signed by the Secretary; and\n    (ii) identifies the asset; and\n    (iii) states that the asset has become an asset of the body under this Division.\n\n> Note: For the meaning of assets official, see section 4.\n\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) A document that appears to be a certificate under subsection (1) is taken to be such a certificate, and to have been properly given, unless the contrary is established.\n\n### Division 4—Transfer of staff\n\n#### Subdivision A—Preliminary\n\n#### 23 Simplified outline\n\n  The following is a simplified outline of this Division:\n\nOn the transfer day, the staff of the 3 statutory authorities are transferred to the new industry services body on the same terms and conditions, and with the same accrued entitlements, that they had before the transfer (see section 25).\n\nThe terms and conditions on which the staff are transferred can be varied after the transfer (see section 26).\n\nOther provisions deal with the application of certain Commonwealth Acts (such as superannuation Acts and the Maternity Leave Act).\n\n#### 24 Transfer of staff\n\n  On the transfer day, each employee of a statutory authority ceases to be employed by the statutory authority and is taken to have been engaged as an employee of the industry services body immediately after that cessation.\n\n#### 25 Terms and conditions of transferred employees\n\n  (1) A transferred employee is taken:\n    (a) to have been engaged by the industry services body on the same terms and conditions as those that applied to the person, immediately before the transfer day, as an employee of the previous employer; and\n    (b) to have accrued an entitlement to benefits, in connection with that engagement by the industry services body, that is equivalent to the entitlement that the person had accrued, as an employee of the previous employer, immediately before the employee’s transfer time.\n\n> Note: For previous employer, see section 4.\n\n  (2) The service of a transferred employee as an employee of the industry services body is taken, for all purposes, to have been continuous with the service of the employee, immediately before the transfer day, as an employee of the previous employer.\n  (3) A transferred employee is not entitled to receive any payment or other benefit merely because he or she stopped being an employee of the previous employer as a result of this Division.\n  (4) 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#### 26 Variation of terms and conditions of employment\n\n  (1) This Division does not prevent the terms and conditions of a transferred employee’s employment after the transfer day 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> 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#### 27 Continued application of SRC Act\n\n  The SRC Act continues to apply on and after the transfer day in relation to:\n    (a) injuries suffered before that time by an employee of a statutory authority; and\n    (b) loss of, or damage to, property incurred before that time by an employee of a statutory authority.\n\n#### 28 Commonwealth liability to meet certain SRC Act liabilities\n\n  On and after the transfer day, the Commonwealth:\n    (a) is liable to pay the liabilities of the statutory authorities under section 128A of the SRC Act; and\n    (b) subject to section 29, is taken to have been the employer of the employees of the statutory authorities before the transfer day for the purposes of the application of the SRC Act in relation to those liabilities.\n\n#### 29 SRC Act: rehabilitation provisions\n\n  (1) If a transferred employee had, before the transfer day, suffered an injury resulting in an incapacity for work or an impairment, the employee’s employer 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 transferred employee.\n  (2) On and after the transfer day, the industry services body is, for the purposes of section 40 of the SRC Act, taken to be the relevant employer of each transferred employee employed by the industry services body.\n  (3) On and after the transfer day, the industry services body is, for the purposes of applying section 71 of the SRC Act in relation to each transferred employee, taken to be a Commonwealth authority.\n  (4) Expressions used in this section have the same meanings as they have in the SRC Act.\n\n#### 30 Premiums under the SRC Act\n\n  (1) The Safety, Rehabilitation and Compensation Commission must, as soon as practicable after the transfer day, determine the amount (if any) by which the confirmed estimate of premium for each statutory authority for the relevant financial year should be reduced.\n  (2) If:\n    (a) an amount equal to the confirmed estimate of premium for a statutory authority for the relevant financial year has been paid to the Commonwealth under section 96G of the SRC Act; and\n    (b) the amount of the confirmed estimate of premium is reduced as a result of a determination under subsection (1);\n  the Secretary 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 the industry services body in accordance with the direction.\n  (3) A direction by the Secretary 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 gives a direction, the amount or amounts to which it relates are payable out of the Consolidated Revenue Fund, which is appropriated accordingly, to the industry services body.\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 confirmed estimate of premium for a statutory authority for the relevant financial year and the amount of that confirmed estimate as reduced because of a determination under subsection (1).\n\n> relevant financial year means the financial year in which the transfer day occurs.\n\n  (9) Expressions used in this section have the same meanings as they have in the SRC Act.\n\n#### Subdivision C—Deferred Defence Force Retirement and Death Benefits Act benefits\n\n#### 31 Saving: deferred benefits under the DFRDB Act\n\n  (1) This section applies to a transferred employee of the industry services body if, immediately before the transfer day, the employee was a person to whom deferred benefits were applicable under section 78 of the DFRDB Act.\n  (2) For the purposes of Division 3 of Part IX of the DFRDB Act, the employee is taken to continue in public employment on and after the transfer day while the employee continues to be employed by the industry services body.\n  (3) This section is subject to Division 3 of Part IX of the DFRDB Act.\n\n#### Subdivision D—Maternity leave provisions\n\n#### 32 Maternity leave starting before transfer day\n\n  (1) This section applies in relation to a person if:\n    (a) immediately before the transfer day, the person was a female employee of a statutory authority who was on leave granted under the Maternity Leave Act; and\n    (b) the person becomes an employee of the industry services body on the transfer day; and\n    (c) the person would have been entitled to have remained on that leave on and after the transfer day if the person had continued to be an employee of the statutory authority.\n  (2) On and after the transfer day, the Maternity Leave Act continues to apply to the person in relation to the confinement in respect of which the leave was granted as if the industry services body were a prescribed authority for the purposes of that Act.\n\n#### 33 Maternity leave starting after transfer day\n\n  (1) This section applies in relation to a person if:\n    (a) immediately before the transfer day, the person was a female employee of a statutory authority; and\n    (b) the person becomes an employee of the industry services body on the transfer day; and\n    (c) within 9 months after the transfer day, the person would have been entitled to start leave granted under the Maternity Leave Act if the person had continued to be an employee of the statutory authority.\n  (2) On and after the transfer day, the Maternity Leave Act continues to apply to the person in relation to the confinement in respect of which she would have been entitled to leave as if the industry services body were a prescribed authority for the purposes of that Act.\n\n#### Subdivision E—Provisions relating to superannuation\n\n#### 34 Application of the Superannuation Act 1922\n\n  Section 145 of the Superannuation Act 1922 does not apply in relation to the industry services body.\n\n#### 35 Application of other Superannuation Acts\n\n  The industry services body is not an approved authority for the purposes of the Superannuation Act 1976 or the Superannuation Act 1990.\n\n#### 36 Application of the Superannuation Benefits (Supervisory Mechanisms) Act 1990\n\n  (1) The Minister must not declare the industry services body 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 F—Provisions relating to long service leave\n\n#### 37 Long service leave for employees with less than 10 years service\n\n  (1) This section applies in relation to a person:\n    (a) who became a transferred employee of the industry services body on the transfer day; and\n    (b) whose period of service for the purposes of the Long Service Leave Act immediately before the transfer day 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 the industry services body until his or her combined service period is at least 10 years, the industry services body may grant the employee long service leave on full salary for a period up to the employee’s long service leave credit under subsection 40(1).\n  (4) If:\n    (a) the employee stops being an employee of the industry services body 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 the industry services body is at least one year;\n  the industry services body may grant the employee long service leave on full salary for a period up to the employee’s long service leave credit under subsection 40(1).\n  (5) If a period of long service leave may be granted to an employee under subsection (3) or (4), the industry services body 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 37 of the Horticulture Marketing and Research and Development Services (Repeals and Consequential Provisions) Act 2000”.\n\n#### 38 Payments in lieu of long service leave for employees with less than 10 years service\n\n  (1) This section applies to a person:\n    (a) who became a transferred employee on the transfer day; and\n    (b) whose period of service for the purposes of the Long Service Leave Act immediately before the transfer day 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 the industry services body on or after the day on which his or her combined service period reaches 10 years, the industry services body must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 40(2).\n  (4) If:\n    (a) the employee stops being an employee of the industry services body, 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  the industry services body must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 40(2).\n  (5) If:\n    (a) the employee stops being an employee of the industry services body; and\n    (b) the industry services body is satisfied that the employee left the industry services body’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  the industry services body must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 40(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 38 of the Horticulture Marketing and Research and Development Services (Repeals and Consequential Provisions) Act 2000”.\n\n#### 39 Payments on the death of an employee\n\n  (1) This section applies to a person who was an employee of a statutory authority immediately before the transfer day if, at that time, the employee’s period of service for the purposes of the Long Service Leave Act was less than 10 years.\n  (2) If the person dies on or after the transfer day and immediately before his or her death:\n    (a) the person was an employee of the industry services body; and\n    (b) the person’s combined service period was at least one year; and\n    (c) the person had one or more dependants;\n  the industry services body 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 38 if, on the day of his or her death, the person had instead stopped being an employee of the industry services body 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 the industry services body; and\n    (b) a reference in that section to the approving authority were a reference to the industry services body; and\n    (c) for the expression “this Act” in that section there were substituted the expression “section 39 of the Horticulture Marketing and Research and Development Services (Repeals and Consequential Provisions) Act 2000”; and\n    (d) for the expression “subsection 16(7) or 17(5)” there were substituted the expression “section 39 of the Horticulture Marketing and Research and Development Services (Repeals and Consequential Provisions) Act 2000”.\n\n#### 40 Employee’s long service leave credit for the purposes of sections 37 and 38\n\n  (1) For the purposes of section 37, 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 on the transfer day;\n  if the employee had been retrenched on that day.\n  (2) For the purposes of section 38, 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 37.\n\n#### 41 Employees with at least 10 years service\n\n  (1) This section applies to an employee of a statutory authority whose period of service under the Long Service Leave Act was at least 10 years immediately before the transfer day.\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 if the employee becomes an employee of the industry services body on the transfer day. 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 on and after the transfer day in relation to the employee’s rights under that Act that accrued before the transfer day, as if the industry services body were an approving authority for the purposes of that Act.\n\n#### 42 Division not to affect post‑commencement long service leave rights\n\n  This Division does not affect an employee’s post‑commencement long service leave rights.\n\n> Note: For the meaning of post‑commencement long service leave rights, see section 4.\n\n#### Subdivision G—Staff with mobility rights\n\n#### 43 Cessation of mobility rights\n\n  If a transferred employee had rights under section 6 or 7 of the Public Employment (Consequential and Transitional) Amendment Act 1999 immediately before the transfer day, the employee ceases to have those rights, and ceases to be an APS employee, on the transfer day.\n\n> Note: For the meaning of APS employee, see section 4.\n\n### Division 5—Transitional period for export controls\n\n#### 44 Simplified outline\n\n  The following is a simplified outline of this Division:\n\nThe system of export controls in place under the Australian Horticultural Corporation Act 1987 is continued after the transfer day for a transitional period (a maximum of 2 years).\n\nDuring the transitional period most of the export control powers that the Australian Horticultural Corporation had can be exercised by the new industry export control body.\n\n#### 45 Continuation of export controls despite repeal of AHC Act\n\n  (1) In spite of the repeal of the Australian Horticultural Corporation Act 1987 (the Act):\n    (a) Part V of the Act continues in force after the repeal; and\n    (b) regulations, orders and other instruments made under the Act for the purposes of Part V that were in force immediately before the repeal continue in force.\n  (2) Any other provision of the Act that is necessary for the effective operation of Part V of the Act (as continued in force under subsection (1)) also continues in force in spite of the repeal but applies only to the extent that it relates to the operation of Part V.\n  (3) Without limiting subsection (2), sections 121 and 122 of the Act continue in force to the extent that regulations and orders relating to the operation of Part V (including regulations, or orders, amending or repealing earlier regulations or orders) may be made under them.\n  (4) Chapter 2 (other than Part 2.5) of the Criminal Code applies to all offences against Part V of the Act.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n  (5) The offences in subsections 118(1) and (2) of the Act are offences of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (6) For the purposes of subsection 118(2) of the Act, the defendant bears an evidential burden in relation to the matter of whether the defendant has a reasonable excuse.\n\n> Note: For evidential burdens, see subsection 13.3(3) of the Criminal Code.\n\n#### 46 References to AHC and Product Board\n\n  (1) During the transitional period, references to powers, duties or functions of the Corporation or of a Board in Part V of the Act or in an instrument in force under Part V are taken to be references to powers, duties or functions of the industry export control body.\n\n> Note: For transitional period and industry export control body, see section 4.\n\n  (2) However, in spite of subsection (1), the industry export control body does not, during the transitional period, have the power:\n    (a) to prohibit the export of a product to a specified place unless the export of the product to that place was prohibited immediately before the transfer day; or\n    (b) to revoke or vary a prohibition of export to a specified place.\n\n> Note: The power to prohibit the export of a horticultural product to a specified place is given to the Corporation by regulation 5 of the Australian Horticultural Corporation (Export Control) Regulations 1990.\n\n#### 47 Phasing out of export controls under Part V of AHC Act\n\n  (1) If:\n    (a) the export of a horticultural product to a place is prohibited under the Australian Horticultural Corporation (Export Control) Regulations 1990 or the Australian Horticultural Corporation (Dried Fruits Export Control) Regulations 1991; and\n    (b) during the transitional period, the product and the place are the subject of an order (the new order) under section 19 of the Horticulture Marketing and Research and Development Services Act 2000;\n  Part V (and any instrument made under, or for the purposes of, Part V) ceases, at the time of the new order, to have effect in relation to the export of that product to that place.\n  (2) If, at the end of the transitional period, Part V of the Act still has effect in relation to any horticultural product, it (and any instrument made under, or for the purposes of, Part V) ceases to have effect immediately after the end of the transitional period.\n\n### Division 6—Final annual reports\n\n#### 48 Simplified outline\n\n  The following is a simplified outline of this Division:\n\nEach of the 3 statutory authorities must produce a final annual report covering the authority’s operations and financial status up to the transfer day.\n\n#### 49 Final annual report: Australian Horticultural Corporation\n\n  (1) In spite of the repeal of the Australian Horticultural Corporation Act 1987:\n    (a) the Australian Horticultural Corporation continues in existence for the purpose of giving the Minister the report required under section 9 of the Commonwealth Authorities and Companies Act 1997 in relation to the period starting on the last 1 July before the transfer day and ending on the transfer day; and\n    (b) for that purpose, the membership of the Corporation immediately before the transfer day is taken to be the same on and after the transfer day.\n  (2) For the purposes of the application of section 9 of the Commonwealth Authorities and Companies Act 1997 to the report referred to in subsection (1):\n    (a) the period starting on the last 1 July before the transfer day and ending on the transfer day is taken to be a financial year; and\n    (b) the Australian Horticultural Corporation Act 1987 continues to have effect as if it had not been repealed.\n\n#### 50 Final annual report: Australian Dried Fruits Board\n\n  (1) In spite of the repeal of the Australian Horticultural Corporation Act 1987:\n    (a) the Australian Dried Fruits Board continues in existence for the purpose of giving the Minister the report required under section 9 of the Commonwealth Authorities and Companies Act 1997 in relation to the period starting on the last 1 July before the transfer day and ending on the transfer day; and\n    (b) for that purpose, the membership of the Board immediately before the transfer day is taken to be the same on and after the transfer day.\n  (2) For the purposes of the application of section 9 of the Commonwealth Authorities and Companies Act 1997 to the report referred to in subsection (1):\n    (a) the period starting on the last 1 July before the transfer day and ending on the transfer day is taken to be a financial year; and\n    (b) the Australian Horticultural Corporation Act 1987 continues to have effect as if it had not been repealed; and\n    (c) the reference in paragraph 101A(b) of that Act to 31 August after the end of the financial year is taken to be a reference to the day occurring 8 weeks after the transfer day; and\n    (d) the reference in subsection 30A(1) of that Act to 15 October after the end of each financial year is taken to be a reference to the day occurring 14 weeks after the transfer day.\n\n#### 51 Final annual report: Horticultural Research and Development Corporation\n\n  (1) In spite of the repeal of the Horticultural Research and Development Corporation Act 1987:\n    (a) the Horticultural Research and Development Corporation continues in existence for the purpose of giving the Minister the report required under section 9 of the Commonwealth Authorities and Companies Act 1997 in relation to the period starting on the last 1 July before the transfer day and ending on the transfer day; and\n    (b) for that purpose, the membership of the Corporation immediately before the transfer day is taken to be the same on and after the transfer day.\n  (2) For the purposes of the application of section 9 of the Commonwealth Authorities and Companies Act 1997 to the report referred to in subsection (1):\n    (a) the period starting on the last 1 July before the transfer day and ending on the transfer day is taken to be a financial year; and\n    (b) the Australian Horticultural Research and Development Corporation Act 1987 continues to have effect as if it had not been repealed.\n\n### Division 7—Miscellaneous\n\n#### 52 Delegation of Secretary’s powers\n\n  The Secretary may delegate all or any of the Secretary’s powers under this Act, the regulations or orders to an APS employee in the Department who has appropriate skills or experience. The delegation must be in writing.\n\n> Note: For the meaning of APS employee, see section 4.\n\n#### 53 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 and just terms have the same respective meanings as in paragraph 51(xxxi) of the Constitution.\n\n#### 54 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 dealing with other transitional matters arising out of the repeal of the Australian Horticultural Corporation Act 1987 and the Horticultural Research and Development Corporation Act 1987 and the enactment of this Act and the Horticulture Marketing and Research and Development Services Act 2000.","sortOrder":7},{"sectionNumber":"Division 2","sectionType":"division","heading":"Transfer day","content":"An Act to deal with matters consequential on the enactment of the Horticulture Marketing and Research and Development Services Act 2000, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Horticulture Marketing and Research and Development Services (Repeals and Consequential Provisions) Act 2000.\n\n#### 2 Commencement\n\n  (1) Subject to this section, this Act commences at the same time as Part 2 of the Horticulture Marketing and Research and Development Services Act 2000.\n  (2) Schedules 1 (repeals) and 2 (consequential amendments) commence on the transfer day, immediately after the transfer of assets, liabilities and staff under Part 2.\n\n> Note: See sections 12 and 13 for the transfer day, and the time at which the transfer occurs.\n\n  (3) Schedule 3 (references to Administrative Appeals Tribunal) commences at the later of:\n    (a) the time when Parts 4 to 10 of the Act that establishes the Administrative Review Tribunal commence; and\n    (b) the time immediately after the Horticulture Marketing and Research and Development Services Act 2000 receives the Royal Assent.\n\n> Note: The short title of the Act that establishes the Administrative Review Tribunal is either the Administrative Review Tribunal Act 2000 or the Administrative Review Tribunal Act 2001.\n\n  (4) Schedule 4 (operation of the Privacy Act) commences at the later of:\n    (a) the time when Schedule 1 to the Privacy Amendment (Private Sector) Act 2000 commences; and\n    (b) the time immediately after the Horticulture Marketing and Research and Development Services Act 2000 receives the Royal Assent.\n\n#### 3 Simplified outline\n\n  The following is a simplified outline of this Act:\n\nThis Act deals with the transition from the Australian Horticultural Corporation, Horticultural Research and Development Corporation and the Australian Dried Fruits Board to new bodies. The new bodies are those declared under the Horticulture Marketing and Research and Development Services Act 2000.\n\nThe Minister must determine a transfer day (see section 12).\n\nOn the transfer day assets, liabilities and staff of the Corporations and the Board are transferred to the new industry services body (see Divisions 2, 3 and 4 of Part 2).\n\nThe system of export controls in place under the Australian Horticultural Corporation Act 1987 is kept in place for a maximum period of 2 years after the transfer day. Export controls on particular products can be phased out during the 2 year period, as controls on those products are brought in under the Horticulture Marketing and Research and Development Services Act 2000 (see Division 5 of Part 2 of this Act).\n\nThe Australian Horticultural Corporation Act 1987 and the Horticultural Research and Development Corporation Act 1987 are repealed once the assets, liabilities and staff of the bodies established by those Acts have been transferred to the new industry services body.\n\n#### 4 Definitions\n\n  (1) In this Act, unless the contrary intention appears:\n\n> ADF Trust Amount has the meaning given by section 17.\n\n> APS employee has the same meaning as in the Public Service Act 1999.\n\n> assets means any legal or equitable estate or interest of the authority in real or personal property (whether actual, contingent or prospective) and includes all rights, powers, privileges and immunities (whether actual, contingent or prospective).\n\n> assets official means a person or authority who, under a law, has responsibility for keeping a register in relation to assets of the kind concerned.\n\n> combined service period, in relation to an employee, means the total of:\n\n    (a) the period that is, immediately before the transfer day, 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 the industry services body.\n\n> DFRDB Act means the Defence Force Retirement and Death Benefits Act 1973.\n\n> Dried Fruits Trust has the meaning given by section 17.\n\n> employee, in relation to a statutory authority, means a person who was, immediately before the transfer day, an officer or an employee of the authority, and includes the Chief Executive Officer, Managing Director or General Manager of the authority.\n\n> industry export control body means the body for the time being declared to be the industry export control body under the Horticulture Marketing and Research and Development Services Act 2000.\n\n> industry services body means the body that was the industry services body under the Horticulture Marketing and Research and Development Services Act 2000 on 31 December 2024.\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> liabilities means all liabilities, duties and obligations, 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 transfer day.\n\n> Maternity Leave Act means the Maternity Leave (Commonwealth Employees) Act 1973, as in force immediately before the transfer day.\n\n> post‑commencement long service leave rights, in relation to an employee, means any long service leave rights the employee acquires on or after the transfer day under an award, determination, industrial agreement or law (other than this Act).\n\n> previous employer, in relation to a transferred employee, means the statutory authority that employed the employee immediately before the transfer day.\n\n> SRC Act means the Safety, Rehabilitation and Compensation Act 1988, as in force immediately before the transfer day.\n\n> statutory authority means:\n\n    (a) the Australian Horticultural Corporation; or\n    (b) the Horticultural Research and Development Corporation; or\n    (c) the Australian Dried Fruits Board.\n\n> transfer day means the day specified by the Minister as the transfer day in a determination under section 12.\n\n> transferred employee means a person whose employment is transferred under section 24.\n\n> transitional period means the period of 24 months beginning on the transfer day.\n\n  (2) Expressions used in this Act that are defined in the Horticulture Marketing and Research and Development Services Act 2000 have the same meanings as they have in that Act.\n  (3) Expressions used in Subdivision F of Division 4 of Part 2 that are defined in the Long Service Leave Act have the same meanings as they have in that Act.\n\n#### 5 Crown to be bound\n\n  This Act binds the Crown in each of its capacities.\n\n#### 6 Extra‑territorial operation\n\n  This Act applies both within and outside Australia.\n\n## Part 2—Transitional provisions\n\n### Division 2—Transfer day\n\n#### 11 Simplified outline\n\n  The following is a simplified outline of this Division:\n\nThis Division provides for the Minister to determine the transfer day.\n\n#### 12 Minister must determine transfer day\n\n  (1) The Minister must determine, in writing, that a specified day is the transfer day for the purposes of this Act.\n  (2) The day:\n    (a) must not be a day before both of the following declarations have taken effect under section 9 of the Horticulture Marketing and Research and Development Services Act 2000:\n    (i) the first declaration of the industry services body;\n    (ii) the first declaration of the industry export control body; and\n    (b) must be a day within the period of 6 months after the commencement of this section.\n  (3) The determination has effect accordingly.\n  (4) A copy of the determination is to be published in the Gazette within 14 days after the determination is made.\n  (5) The determination can be varied or revoked by the Minister in the same manner in which it was made, but it cannot be varied or revoked on or after the day specified in the determination as the transfer day.\n  (6) The determination is not invalid merely because it has not been published as required under subsection (4).\n\n#### 13 Time of transfers\n\n  Any transfer occurring under this Part is taken to occur immediately after the end of the day before the transfer day.\n\n### Division 3—Transfer of assets and liabilities etc.\n\n#### 14 Simplified outline\n\n  The following is a simplified outline of this Division:\n\nOn the transfer day, the assets and liabilities of the 3 statutory authorities vest in the new industry services body.\n\nSpecial provision is made for the transfer of certain money of the Australian Dried Fruits Board (see section 17).\n\nTransfers are not subject to taxation (see section 19).\n\nOther transitional matters (such as the transfer of records, outstanding money and legal proceedings) are also dealt with.\n\n#### 15 Transfers subject to conditions\n\n  The deed of agreement may contain conditions relating to an asset or liability, or a class of assets or liabilities, transferred to the industry services body under this Act.\n\n> Note: The Horticulture Marketing and Research and Development Services Act 2000 and the of deed of agreement provide for the consequences of a breach of the deed by the industry services body (see sections 10, 16 and 27 of that Act, and the provisions of the deed).\n\n#### 16 Transfer of assets and liabilities\n\n  (1) This section applies to:\n    (a) the assets of a statutory authority (other than the ADF Trust Amount); and\n    (b) the liabilities of a statutory authority (other than a liability referred to in section 28).\n\n> Note: The transfer of the ADF Trust Amount is dealt with in section 17.\n\n  (3) On the transfer day:\n    (a) the assets and liabilities cease to be assets and liabilities of the authority and become assets and liabilities of the industry services body without any conveyance, transfer or assignment; and\n    (b) the industry services body becomes the statutory authority’s successor in law in relation to the assets and liabilities immediately after they become assets and liabilities of the industry services body.\n\n> Note: See also sections 18 and 21.\n\n#### 17 ADF Trust Amount\n\n  (1) The Minister may determine, in writing, that:\n    (a) a particular amount of money of the Australian Dried Fruits Board is the ADF Trust Amount for the purposes of this section; and\n    (b) a particular trust is the Dried Fruits Trust for the purposes of this section.\n  (2) If the Minister has made a determination under subsection (1) before the transfer day, the ADF Trust Amount vests in the trustees on the transfer day and is held on trust by the trustees for the purposes of the Dried Fruits Trust.\n  (3) If the ADF Trust Amount is transferred under subsection (2), it vests in the trustees without any conveyance, transfer or assignment.\n  (4) A copy of the determination is to be published in the Gazette within 14 days after the determination is made.\n  (5) The determination is not invalid merely because it has not been published as required under subsection (4).\n\n#### 18 Transfer of pending proceedings\n\n  (1) This section applies if, as a result of a transfer under this Act, a person (the successor) becomes the successor in law of another person (the original person) at a particular time in relation to a particular asset, liability, right, benefit or obligation.\n  (2) If any proceedings to which the original person was a party:\n    (a) were pending in any court or tribunal immediately before that time; and\n    (b) related, in whole or in part, to the asset, liability, right, benefit or obligation, as the case may be;\n  the successor is, by force of this subsection, substituted for the original person as a party to the proceedings to the extent to which the proceedings relate to the asset, liability, right, benefit or obligation, as the case requires.\n\n#### 19 Exemption from taxation\n\n  Stamp duty or other tax is not payable under a law of a State or Territory in respect of:\n    (a) a transfer of an asset or liability of a statutory authority under this Act; or\n    (b) anything done (including a transaction entered into or an instrument or document made, executed, lodged or given) because of, or for a purpose connected with or arising out of, such a transfer.\n\n#### 19A Operation of GST Law\n\n  (1) For the purposes of the GST Law, a transfer to a person or body under section 16 or 17 of this Act is taken to be consideration provided by the Commonwealth to that person or body for:\n    (a) in the case of a transfer under section 16—entering into obligations under the deed of agreement by the industry services body; and\n    (b) in the case of a transfer under section 17—entering into obligations under the deed of trust establishing the Dried Fruits Trust by the trustees of that Trust.\n  (2) Expressions used in this section have the same meanings as they have in the A New Tax System (Goods and Services Tax) Act 1999.\n\n#### 20 References in certain instruments\n\n  (1) An instrument to which subsection (2) applies continues to have effect on and after the transfer day as if a reference in the instrument to the statutory authority were a reference to the industry services body.\n  (2) This subsection applies to an instrument if it is:\n    (a) in operation immediately before the transfer day; and\n    (b) is an instrument:\n    (i) to which a statutory authority is a party; or\n    (ii) which was given to, or in favour of, a statutory authority; or\n    (iii) in which a reference is made to a statutory authority; or\n    (iv) under which any right or liability accrues or may accrue to a statutory authority.\n\n#### 21 Certificates in relation to assets\n\n  (1) This section applies if:\n    (a) an asset (other than money) becomes an asset of the industry services body under this Division; and\n    (b) there is lodged with an assets official a certificate that:\n    (i) is signed by the Secretary; and\n    (ii) identifies the asset; and\n    (iii) states that the asset has become an asset of the body under this Division.\n\n> Note: For the meaning of assets official, see section 4.\n\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) A document that appears to be a certificate under subsection (1) is taken to be such a certificate, and to have been properly given, unless the contrary is established.\n\n### Division 4—Transfer of staff\n\n#### Subdivision A—Preliminary\n\n#### 23 Simplified outline\n\n  The following is a simplified outline of this Division:\n\nOn the transfer day, the staff of the 3 statutory authorities are transferred to the new industry services body on the same terms and conditions, and with the same accrued entitlements, that they had before the transfer (see section 25).\n\nThe terms and conditions on which the staff are transferred can be varied after the transfer (see section 26).\n\nOther provisions deal with the application of certain Commonwealth Acts (such as superannuation Acts and the Maternity Leave Act).\n\n#### 24 Transfer of staff\n\n  On the transfer day, each employee of a statutory authority ceases to be employed by the statutory authority and is taken to have been engaged as an employee of the industry services body immediately after that cessation.\n\n#### 25 Terms and conditions of transferred employees\n\n  (1) A transferred employee is taken:\n    (a) to have been engaged by the industry services body on the same terms and conditions as those that applied to the person, immediately before the transfer day, as an employee of the previous employer; and\n    (b) to have accrued an entitlement to benefits, in connection with that engagement by the industry services body, that is equivalent to the entitlement that the person had accrued, as an employee of the previous employer, immediately before the employee’s transfer time.\n\n> Note: For previous employer, see section 4.\n\n  (2) The service of a transferred employee as an employee of the industry services body is taken, for all purposes, to have been continuous with the service of the employee, immediately before the transfer day, as an employee of the previous employer.\n  (3) A transferred employee is not entitled to receive any payment or other benefit merely because he or she stopped being an employee of the previous employer as a result of this Division.\n  (4) 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#### 26 Variation of terms and conditions of employment\n\n  (1) This Division does not prevent the terms and conditions of a transferred employee’s employment after the transfer day 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> 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#### 27 Continued application of SRC Act\n\n  The SRC Act continues to apply on and after the transfer day in relation to:\n    (a) injuries suffered before that time by an employee of a statutory authority; and\n    (b) loss of, or damage to, property incurred before that time by an employee of a statutory authority.\n\n#### 28 Commonwealth liability to meet certain SRC Act liabilities\n\n  On and after the transfer day, the Commonwealth:\n    (a) is liable to pay the liabilities of the statutory authorities under section 128A of the SRC Act; and\n    (b) subject to section 29, is taken to have been the employer of the employees of the statutory authorities before the transfer day for the purposes of the application of the SRC Act in relation to those liabilities.\n\n#### 29 SRC Act: rehabilitation provisions\n\n  (1) If a transferred employee had, before the transfer day, suffered an injury resulting in an incapacity for work or an impairment, the employee’s employer 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 transferred employee.\n  (2) On and after the transfer day, the industry services body is, for the purposes of section 40 of the SRC Act, taken to be the relevant employer of each transferred employee employed by the industry services body.\n  (3) On and after the transfer day, the industry services body is, for the purposes of applying section 71 of the SRC Act in relation to each transferred employee, taken to be a Commonwealth authority.\n  (4) Expressions used in this section have the same meanings as they have in the SRC Act.\n\n#### 30 Premiums under the SRC Act\n\n  (1) The Safety, Rehabilitation and Compensation Commission must, as soon as practicable after the transfer day, determine the amount (if any) by which the confirmed estimate of premium for each statutory authority for the relevant financial year should be reduced.\n  (2) If:\n    (a) an amount equal to the confirmed estimate of premium for a statutory authority for the relevant financial year has been paid to the Commonwealth under section 96G of the SRC Act; and\n    (b) the amount of the confirmed estimate of premium is reduced as a result of a determination under subsection (1);\n  the Secretary 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 the industry services body in accordance with the direction.\n  (3) A direction by the Secretary 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 gives a direction, the amount or amounts to which it relates are payable out of the Consolidated Revenue Fund, which is appropriated accordingly, to the industry services body.\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 confirmed estimate of premium for a statutory authority for the relevant financial year and the amount of that confirmed estimate as reduced because of a determination under subsection (1).\n\n> relevant financial year means the financial year in which the transfer day occurs.\n\n  (9) Expressions used in this section have the same meanings as they have in the SRC Act.\n\n#### Subdivision C—Deferred Defence Force Retirement and Death Benefits Act benefits\n\n#### 31 Saving: deferred benefits under the DFRDB Act\n\n  (1) This section applies to a transferred employee of the industry services body if, immediately before the transfer day, the employee was a person to whom deferred benefits were applicable under section 78 of the DFRDB Act.\n  (2) For the purposes of Division 3 of Part IX of the DFRDB Act, the employee is taken to continue in public employment on and after the transfer day while the employee continues to be employed by the industry services body.\n  (3) This section is subject to Division 3 of Part IX of the DFRDB Act.\n\n#### Subdivision D—Maternity leave provisions\n\n#### 32 Maternity leave starting before transfer day\n\n  (1) This section applies in relation to a person if:\n    (a) immediately before the transfer day, the person was a female employee of a statutory authority who was on leave granted under the Maternity Leave Act; and\n    (b) the person becomes an employee of the industry services body on the transfer day; and\n    (c) the person would have been entitled to have remained on that leave on and after the transfer day if the person had continued to be an employee of the statutory authority.\n  (2) On and after the transfer day, the Maternity Leave Act continues to apply to the person in relation to the confinement in respect of which the leave was granted as if the industry services body were a prescribed authority for the purposes of that Act.\n\n#### 33 Maternity leave starting after transfer day\n\n  (1) This section applies in relation to a person if:\n    (a) immediately before the transfer day, the person was a female employee of a statutory authority; and\n    (b) the person becomes an employee of the industry services body on the transfer day; and\n    (c) within 9 months after the transfer day, the person would have been entitled to start leave granted under the Maternity Leave Act if the person had continued to be an employee of the statutory authority.\n  (2) On and after the transfer day, the Maternity Leave Act continues to apply to the person in relation to the confinement in respect of which she would have been entitled to leave as if the industry services body were a prescribed authority for the purposes of that Act.\n\n#### Subdivision E—Provisions relating to superannuation\n\n#### 34 Application of the Superannuation Act 1922\n\n  Section 145 of the Superannuation Act 1922 does not apply in relation to the industry services body.\n\n#### 35 Application of other Superannuation Acts\n\n  The industry services body is not an approved authority for the purposes of the Superannuation Act 1976 or the Superannuation Act 1990.\n\n#### 36 Application of the Superannuation Benefits (Supervisory Mechanisms) Act 1990\n\n  (1) The Minister must not declare the industry services body 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 F—Provisions relating to long service leave\n\n#### 37 Long service leave for employees with less than 10 years service\n\n  (1) This section applies in relation to a person:\n    (a) who became a transferred employee of the industry services body on the transfer day; and\n    (b) whose period of service for the purposes of the Long Service Leave Act immediately before the transfer day 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 the industry services body until his or her combined service period is at least 10 years, the industry services body may grant the employee long service leave on full salary for a period up to the employee’s long service leave credit under subsection 40(1).\n  (4) If:\n    (a) the employee stops being an employee of the industry services body 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 the industry services body is at least one year;\n  the industry services body may grant the employee long service leave on full salary for a period up to the employee’s long service leave credit under subsection 40(1).\n  (5) If a period of long service leave may be granted to an employee under subsection (3) or (4), the industry services body 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 37 of the Horticulture Marketing and Research and Development Services (Repeals and Consequential Provisions) Act 2000”.\n\n#### 38 Payments in lieu of long service leave for employees with less than 10 years service\n\n  (1) This section applies to a person:\n    (a) who became a transferred employee on the transfer day; and\n    (b) whose period of service for the purposes of the Long Service Leave Act immediately before the transfer day 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 the industry services body on or after the day on which his or her combined service period reaches 10 years, the industry services body must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 40(2).\n  (4) If:\n    (a) the employee stops being an employee of the industry services body, 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  the industry services body must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 40(2).\n  (5) If:\n    (a) the employee stops being an employee of the industry services body; and\n    (b) the industry services body is satisfied that the employee left the industry services body’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  the industry services body must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 40(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 38 of the Horticulture Marketing and Research and Development Services (Repeals and Consequential Provisions) Act 2000”.\n\n#### 39 Payments on the death of an employee\n\n  (1) This section applies to a person who was an employee of a statutory authority immediately before the transfer day if, at that time, the employee’s period of service for the purposes of the Long Service Leave Act was less than 10 years.\n  (2) If the person dies on or after the transfer day and immediately before his or her death:\n    (a) the person was an employee of the industry services body; and\n    (b) the person’s combined service period was at least one year; and\n    (c) the person had one or more dependants;\n  the industry services body 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 38 if, on the day of his or her death, the person had instead stopped being an employee of the industry services body 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 the industry services body; and\n    (b) a reference in that section to the approving authority were a reference to the industry services body; and\n    (c) for the expression “this Act” in that section there were substituted the expression “section 39 of the Horticulture Marketing and Research and Development Services (Repeals and Consequential Provisions) Act 2000”; and\n    (d) for the expression “subsection 16(7) or 17(5)” there were substituted the expression “section 39 of the Horticulture Marketing and Research and Development Services (Repeals and Consequential Provisions) Act 2000”.\n\n#### 40 Employee’s long service leave credit for the purposes of sections 37 and 38\n\n  (1) For the purposes of section 37, 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 on the transfer day;\n  if the employee had been retrenched on that day.\n  (2) For the purposes of section 38, 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 37.\n\n#### 41 Employees with at least 10 years service\n\n  (1) This section applies to an employee of a statutory authority whose period of service under the Long Service Leave Act was at least 10 years immediately before the transfer day.\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 if the employee becomes an employee of the industry services body on the transfer day. 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 on and after the transfer day in relation to the employee’s rights under that Act that accrued before the transfer day, as if the industry services body were an approving authority for the purposes of that Act.\n\n#### 42 Division not to affect post‑commencement long service leave rights\n\n  This Division does not affect an employee’s post‑commencement long service leave rights.\n\n> Note: For the meaning of post‑commencement long service leave rights, see section 4.\n\n#### Subdivision G—Staff with mobility rights\n\n#### 43 Cessation of mobility rights\n\n  If a transferred employee had rights under section 6 or 7 of the Public Employment (Consequential and Transitional) Amendment Act 1999 immediately before the transfer day, the employee ceases to have those rights, and ceases to be an APS employee, on the transfer day.\n\n> Note: For the meaning of APS employee, see section 4.\n\n### Division 5—Transitional period for export controls\n\n#### 44 Simplified outline\n\n  The following is a simplified outline of this Division:\n\nThe system of export controls in place under the Australian Horticultural Corporation Act 1987 is continued after the transfer day for a transitional period (a maximum of 2 years).\n\nDuring the transitional period most of the export control powers that the Australian Horticultural Corporation had can be exercised by the new industry export control body.\n\n#### 45 Continuation of export controls despite repeal of AHC Act\n\n  (1) In spite of the repeal of the Australian Horticultural Corporation Act 1987 (the Act):\n    (a) Part V of the Act continues in force after the repeal; and\n    (b) regulations, orders and other instruments made under the Act for the purposes of Part V that were in force immediately before the repeal continue in force.\n  (2) Any other provision of the Act that is necessary for the effective operation of Part V of the Act (as continued in force under subsection (1)) also continues in force in spite of the repeal but applies only to the extent that it relates to the operation of Part V.\n  (3) Without limiting subsection (2), sections 121 and 122 of the Act continue in force to the extent that regulations and orders relating to the operation of Part V (including regulations, or orders, amending or repealing earlier regulations or orders) may be made under them.\n  (4) Chapter 2 (other than Part 2.5) of the Criminal Code applies to all offences against Part V of the Act.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n  (5) The offences in subsections 118(1) and (2) of the Act are offences of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (6) For the purposes of subsection 118(2) of the Act, the defendant bears an evidential burden in relation to the matter of whether the defendant has a reasonable excuse.\n\n> Note: For evidential burdens, see subsection 13.3(3) of the Criminal Code.\n\n#### 46 References to AHC and Product Board\n\n  (1) During the transitional period, references to powers, duties or functions of the Corporation or of a Board in Part V of the Act or in an instrument in force under Part V are taken to be references to powers, duties or functions of the industry export control body.\n\n> Note: For transitional period and industry export control body, see section 4.\n\n  (2) However, in spite of subsection (1), the industry export control body does not, during the transitional period, have the power:\n    (a) to prohibit the export of a product to a specified place unless the export of the product to that place was prohibited immediately before the transfer day; or\n    (b) to revoke or vary a prohibition of export to a specified place.\n\n> Note: The power to prohibit the export of a horticultural product to a specified place is given to the Corporation by regulation 5 of the Australian Horticultural Corporation (Export Control) Regulations 1990.\n\n#### 47 Phasing out of export controls under Part V of AHC Act\n\n  (1) If:\n    (a) the export of a horticultural product to a place is prohibited under the Australian Horticultural Corporation (Export Control) Regulations 1990 or the Australian Horticultural Corporation (Dried Fruits Export Control) Regulations 1991; and\n    (b) during the transitional period, the product and the place are the subject of an order (the new order) under section 19 of the Horticulture Marketing and Research and Development Services Act 2000;\n  Part V (and any instrument made under, or for the purposes of, Part V) ceases, at the time of the new order, to have effect in relation to the export of that product to that place.\n  (2) If, at the end of the transitional period, Part V of the Act still has effect in relation to any horticultural product, it (and any instrument made under, or for the purposes of, Part V) ceases to have effect immediately after the end of the transitional period.\n\n### Division 6—Final annual reports\n\n#### 48 Simplified outline\n\n  The following is a simplified outline of this Division:\n\nEach of the 3 statutory authorities must produce a final annual report covering the authority’s operations and financial status up to the transfer day.\n\n#### 49 Final annual report: Australian Horticultural Corporation\n\n  (1) In spite of the repeal of the Australian Horticultural Corporation Act 1987:\n    (a) the Australian Horticultural Corporation continues in existence for the purpose of giving the Minister the report required under section 9 of the Commonwealth Authorities and Companies Act 1997 in relation to the period starting on the last 1 July before the transfer day and ending on the transfer day; and\n    (b) for that purpose, the membership of the Corporation immediately before the transfer day is taken to be the same on and after the transfer day.\n  (2) For the purposes of the application of section 9 of the Commonwealth Authorities and Companies Act 1997 to the report referred to in subsection (1):\n    (a) the period starting on the last 1 July before the transfer day and ending on the transfer day is taken to be a financial year; and\n    (b) the Australian Horticultural Corporation Act 1987 continues to have effect as if it had not been repealed.\n\n#### 50 Final annual report: Australian Dried Fruits Board\n\n  (1) In spite of the repeal of the Australian Horticultural Corporation Act 1987:\n    (a) the Australian Dried Fruits Board continues in existence for the purpose of giving the Minister the report required under section 9 of the Commonwealth Authorities and Companies Act 1997 in relation to the period starting on the last 1 July before the transfer day and ending on the transfer day; and\n    (b) for that purpose, the membership of the Board immediately before the transfer day is taken to be the same on and after the transfer day.\n  (2) For the purposes of the application of section 9 of the Commonwealth Authorities and Companies Act 1997 to the report referred to in subsection (1):\n    (a) the period starting on the last 1 July before the transfer day and ending on the transfer day is taken to be a financial year; and\n    (b) the Australian Horticultural Corporation Act 1987 continues to have effect as if it had not been repealed; and\n    (c) the reference in paragraph 101A(b) of that Act to 31 August after the end of the financial year is taken to be a reference to the day occurring 8 weeks after the transfer day; and\n    (d) the reference in subsection 30A(1) of that Act to 15 October after the end of each financial year is taken to be a reference to the day occurring 14 weeks after the transfer day.\n\n#### 51 Final annual report: Horticultural Research and Development Corporation\n\n  (1) In spite of the repeal of the Horticultural Research and Development Corporation Act 1987:\n    (a) the Horticultural Research and Development Corporation continues in existence for the purpose of giving the Minister the report required under section 9 of the Commonwealth Authorities and Companies Act 1997 in relation to the period starting on the last 1 July before the transfer day and ending on the transfer day; and\n    (b) for that purpose, the membership of the Corporation immediately before the transfer day is taken to be the same on and after the transfer day.\n  (2) For the purposes of the application of section 9 of the Commonwealth Authorities and Companies Act 1997 to the report referred to in subsection (1):\n    (a) the period starting on the last 1 July before the transfer day and ending on the transfer day is taken to be a financial year; and\n    (b) the Australian Horticultural Research and Development Corporation Act 1987 continues to have effect as if it had not been repealed.\n\n### Division 7—Miscellaneous\n\n#### 52 Delegation of Secretary’s powers\n\n  The Secretary may delegate all or any of the Secretary’s powers under this Act, the regulations or orders to an APS employee in the Department who has appropriate skills or experience. The delegation must be in writing.\n\n> Note: For the meaning of APS employee, see section 4.\n\n#### 53 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 and just terms have the same respective meanings as in paragraph 51(xxxi) of the Constitution.\n\n#### 54 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 dealing with other transitional matters arising out of the repeal of the Australian Horticultural Corporation Act 1987 and the Horticultural Research and Development Corporation Act 1987 and the enactment of this Act and the Horticulture Marketing and Research and Development Services Act 2000.","sortOrder":8},{"sectionNumber":"11","sectionType":"section","heading":"Simplified outline","content":"#### 11 Simplified outline\n\n  The following is a simplified outline of this Division:\n\nThis Division provides for the Minister to determine the transfer day.","sortOrder":9},{"sectionNumber":"12","sectionType":"section","heading":"Minister must determine transfer day","content":"#### 12 Minister must determine transfer day\n\n  (1) The Minister must determine, in writing, that a specified day is the transfer day for the purposes of this Act.\n  (2) The day:\n    (a) must not be a day before both of the following declarations have taken effect under section 9 of the Horticulture Marketing and Research and Development Services Act 2000:\n    (i) the first declaration of the industry services body;\n    (ii) the first declaration of the industry export control body; and\n    (b) must be a day within the period of 6 months after the commencement of this section.\n  (3) The determination has effect accordingly.\n  (4) A copy of the determination is to be published in the Gazette within 14 days after the determination is made.\n  (5) The determination can be varied or revoked by the Minister in the same manner in which it was made, but it cannot be varied or revoked on or after the day specified in the determination as the transfer day.\n  (6) The determination is not invalid merely because it has not been published as required under subsection (4).","sortOrder":10},{"sectionNumber":"13","sectionType":"section","heading":"Time of transfers","content":"#### 13 Time of transfers\n\n  Any transfer occurring under this Part is taken to occur immediately after the end of the day before the transfer day.","sortOrder":11},{"sectionNumber":"Division 3","sectionType":"division","heading":"Transfer of assets and liabilities etc.","content":"An Act to deal with matters consequential on the enactment of the Horticulture Marketing and Research and Development Services Act 2000, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Horticulture Marketing and Research and Development Services (Repeals and Consequential Provisions) Act 2000.\n\n#### 2 Commencement\n\n  (1) Subject to this section, this Act commences at the same time as Part 2 of the Horticulture Marketing and Research and Development Services Act 2000.\n  (2) Schedules 1 (repeals) and 2 (consequential amendments) commence on the transfer day, immediately after the transfer of assets, liabilities and staff under Part 2.\n\n> Note: See sections 12 and 13 for the transfer day, and the time at which the transfer occurs.\n\n  (3) Schedule 3 (references to Administrative Appeals Tribunal) commences at the later of:\n    (a) the time when Parts 4 to 10 of the Act that establishes the Administrative Review Tribunal commence; and\n    (b) the time immediately after the Horticulture Marketing and Research and Development Services Act 2000 receives the Royal Assent.\n\n> Note: The short title of the Act that establishes the Administrative Review Tribunal is either the Administrative Review Tribunal Act 2000 or the Administrative Review Tribunal Act 2001.\n\n  (4) Schedule 4 (operation of the Privacy Act) commences at the later of:\n    (a) the time when Schedule 1 to the Privacy Amendment (Private Sector) Act 2000 commences; and\n    (b) the time immediately after the Horticulture Marketing and Research and Development Services Act 2000 receives the Royal Assent.\n\n#### 3 Simplified outline\n\n  The following is a simplified outline of this Act:\n\nThis Act deals with the transition from the Australian Horticultural Corporation, Horticultural Research and Development Corporation and the Australian Dried Fruits Board to new bodies. The new bodies are those declared under the Horticulture Marketing and Research and Development Services Act 2000.\n\nThe Minister must determine a transfer day (see section 12).\n\nOn the transfer day assets, liabilities and staff of the Corporations and the Board are transferred to the new industry services body (see Divisions 2, 3 and 4 of Part 2).\n\nThe system of export controls in place under the Australian Horticultural Corporation Act 1987 is kept in place for a maximum period of 2 years after the transfer day. Export controls on particular products can be phased out during the 2 year period, as controls on those products are brought in under the Horticulture Marketing and Research and Development Services Act 2000 (see Division 5 of Part 2 of this Act).\n\nThe Australian Horticultural Corporation Act 1987 and the Horticultural Research and Development Corporation Act 1987 are repealed once the assets, liabilities and staff of the bodies established by those Acts have been transferred to the new industry services body.\n\n#### 4 Definitions\n\n  (1) In this Act, unless the contrary intention appears:\n\n> ADF Trust Amount has the meaning given by section 17.\n\n> APS employee has the same meaning as in the Public Service Act 1999.\n\n> assets means any legal or equitable estate or interest of the authority in real or personal property (whether actual, contingent or prospective) and includes all rights, powers, privileges and immunities (whether actual, contingent or prospective).\n\n> assets official means a person or authority who, under a law, has responsibility for keeping a register in relation to assets of the kind concerned.\n\n> combined service period, in relation to an employee, means the total of:\n\n    (a) the period that is, immediately before the transfer day, 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 the industry services body.\n\n> DFRDB Act means the Defence Force Retirement and Death Benefits Act 1973.\n\n> Dried Fruits Trust has the meaning given by section 17.\n\n> employee, in relation to a statutory authority, means a person who was, immediately before the transfer day, an officer or an employee of the authority, and includes the Chief Executive Officer, Managing Director or General Manager of the authority.\n\n> industry export control body means the body for the time being declared to be the industry export control body under the Horticulture Marketing and Research and Development Services Act 2000.\n\n> industry services body means the body that was the industry services body under the Horticulture Marketing and Research and Development Services Act 2000 on 31 December 2024.\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> liabilities means all liabilities, duties and obligations, 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 transfer day.\n\n> Maternity Leave Act means the Maternity Leave (Commonwealth Employees) Act 1973, as in force immediately before the transfer day.\n\n> post‑commencement long service leave rights, in relation to an employee, means any long service leave rights the employee acquires on or after the transfer day under an award, determination, industrial agreement or law (other than this Act).\n\n> previous employer, in relation to a transferred employee, means the statutory authority that employed the employee immediately before the transfer day.\n\n> SRC Act means the Safety, Rehabilitation and Compensation Act 1988, as in force immediately before the transfer day.\n\n> statutory authority means:\n\n    (a) the Australian Horticultural Corporation; or\n    (b) the Horticultural Research and Development Corporation; or\n    (c) the Australian Dried Fruits Board.\n\n> transfer day means the day specified by the Minister as the transfer day in a determination under section 12.\n\n> transferred employee means a person whose employment is transferred under section 24.\n\n> transitional period means the period of 24 months beginning on the transfer day.\n\n  (2) Expressions used in this Act that are defined in the Horticulture Marketing and Research and Development Services Act 2000 have the same meanings as they have in that Act.\n  (3) Expressions used in Subdivision F of Division 4 of Part 2 that are defined in the Long Service Leave Act have the same meanings as they have in that Act.\n\n#### 5 Crown to be bound\n\n  This Act binds the Crown in each of its capacities.\n\n#### 6 Extra‑territorial operation\n\n  This Act applies both within and outside Australia.\n\n## Part 2—Transitional provisions\n\n### Division 2—Transfer day\n\n#### 11 Simplified outline\n\n  The following is a simplified outline of this Division:\n\nThis Division provides for the Minister to determine the transfer day.\n\n#### 12 Minister must determine transfer day\n\n  (1) The Minister must determine, in writing, that a specified day is the transfer day for the purposes of this Act.\n  (2) The day:\n    (a) must not be a day before both of the following declarations have taken effect under section 9 of the Horticulture Marketing and Research and Development Services Act 2000:\n    (i) the first declaration of the industry services body;\n    (ii) the first declaration of the industry export control body; and\n    (b) must be a day within the period of 6 months after the commencement of this section.\n  (3) The determination has effect accordingly.\n  (4) A copy of the determination is to be published in the Gazette within 14 days after the determination is made.\n  (5) The determination can be varied or revoked by the Minister in the same manner in which it was made, but it cannot be varied or revoked on or after the day specified in the determination as the transfer day.\n  (6) The determination is not invalid merely because it has not been published as required under subsection (4).\n\n#### 13 Time of transfers\n\n  Any transfer occurring under this Part is taken to occur immediately after the end of the day before the transfer day.\n\n### Division 3—Transfer of assets and liabilities etc.\n\n#### 14 Simplified outline\n\n  The following is a simplified outline of this Division:\n\nOn the transfer day, the assets and liabilities of the 3 statutory authorities vest in the new industry services body.\n\nSpecial provision is made for the transfer of certain money of the Australian Dried Fruits Board (see section 17).\n\nTransfers are not subject to taxation (see section 19).\n\nOther transitional matters (such as the transfer of records, outstanding money and legal proceedings) are also dealt with.\n\n#### 15 Transfers subject to conditions\n\n  The deed of agreement may contain conditions relating to an asset or liability, or a class of assets or liabilities, transferred to the industry services body under this Act.\n\n> Note: The Horticulture Marketing and Research and Development Services Act 2000 and the of deed of agreement provide for the consequences of a breach of the deed by the industry services body (see sections 10, 16 and 27 of that Act, and the provisions of the deed).\n\n#### 16 Transfer of assets and liabilities\n\n  (1) This section applies to:\n    (a) the assets of a statutory authority (other than the ADF Trust Amount); and\n    (b) the liabilities of a statutory authority (other than a liability referred to in section 28).\n\n> Note: The transfer of the ADF Trust Amount is dealt with in section 17.\n\n  (3) On the transfer day:\n    (a) the assets and liabilities cease to be assets and liabilities of the authority and become assets and liabilities of the industry services body without any conveyance, transfer or assignment; and\n    (b) the industry services body becomes the statutory authority’s successor in law in relation to the assets and liabilities immediately after they become assets and liabilities of the industry services body.\n\n> Note: See also sections 18 and 21.\n\n#### 17 ADF Trust Amount\n\n  (1) The Minister may determine, in writing, that:\n    (a) a particular amount of money of the Australian Dried Fruits Board is the ADF Trust Amount for the purposes of this section; and\n    (b) a particular trust is the Dried Fruits Trust for the purposes of this section.\n  (2) If the Minister has made a determination under subsection (1) before the transfer day, the ADF Trust Amount vests in the trustees on the transfer day and is held on trust by the trustees for the purposes of the Dried Fruits Trust.\n  (3) If the ADF Trust Amount is transferred under subsection (2), it vests in the trustees without any conveyance, transfer or assignment.\n  (4) A copy of the determination is to be published in the Gazette within 14 days after the determination is made.\n  (5) The determination is not invalid merely because it has not been published as required under subsection (4).\n\n#### 18 Transfer of pending proceedings\n\n  (1) This section applies if, as a result of a transfer under this Act, a person (the successor) becomes the successor in law of another person (the original person) at a particular time in relation to a particular asset, liability, right, benefit or obligation.\n  (2) If any proceedings to which the original person was a party:\n    (a) were pending in any court or tribunal immediately before that time; and\n    (b) related, in whole or in part, to the asset, liability, right, benefit or obligation, as the case may be;\n  the successor is, by force of this subsection, substituted for the original person as a party to the proceedings to the extent to which the proceedings relate to the asset, liability, right, benefit or obligation, as the case requires.\n\n#### 19 Exemption from taxation\n\n  Stamp duty or other tax is not payable under a law of a State or Territory in respect of:\n    (a) a transfer of an asset or liability of a statutory authority under this Act; or\n    (b) anything done (including a transaction entered into or an instrument or document made, executed, lodged or given) because of, or for a purpose connected with or arising out of, such a transfer.\n\n#### 19A Operation of GST Law\n\n  (1) For the purposes of the GST Law, a transfer to a person or body under section 16 or 17 of this Act is taken to be consideration provided by the Commonwealth to that person or body for:\n    (a) in the case of a transfer under section 16—entering into obligations under the deed of agreement by the industry services body; and\n    (b) in the case of a transfer under section 17—entering into obligations under the deed of trust establishing the Dried Fruits Trust by the trustees of that Trust.\n  (2) Expressions used in this section have the same meanings as they have in the A New Tax System (Goods and Services Tax) Act 1999.\n\n#### 20 References in certain instruments\n\n  (1) An instrument to which subsection (2) applies continues to have effect on and after the transfer day as if a reference in the instrument to the statutory authority were a reference to the industry services body.\n  (2) This subsection applies to an instrument if it is:\n    (a) in operation immediately before the transfer day; and\n    (b) is an instrument:\n    (i) to which a statutory authority is a party; or\n    (ii) which was given to, or in favour of, a statutory authority; or\n    (iii) in which a reference is made to a statutory authority; or\n    (iv) under which any right or liability accrues or may accrue to a statutory authority.\n\n#### 21 Certificates in relation to assets\n\n  (1) This section applies if:\n    (a) an asset (other than money) becomes an asset of the industry services body under this Division; and\n    (b) there is lodged with an assets official a certificate that:\n    (i) is signed by the Secretary; and\n    (ii) identifies the asset; and\n    (iii) states that the asset has become an asset of the body under this Division.\n\n> Note: For the meaning of assets official, see section 4.\n\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) A document that appears to be a certificate under subsection (1) is taken to be such a certificate, and to have been properly given, unless the contrary is established.\n\n### Division 4—Transfer of staff\n\n#### Subdivision A—Preliminary\n\n#### 23 Simplified outline\n\n  The following is a simplified outline of this Division:\n\nOn the transfer day, the staff of the 3 statutory authorities are transferred to the new industry services body on the same terms and conditions, and with the same accrued entitlements, that they had before the transfer (see section 25).\n\nThe terms and conditions on which the staff are transferred can be varied after the transfer (see section 26).\n\nOther provisions deal with the application of certain Commonwealth Acts (such as superannuation Acts and the Maternity Leave Act).\n\n#### 24 Transfer of staff\n\n  On the transfer day, each employee of a statutory authority ceases to be employed by the statutory authority and is taken to have been engaged as an employee of the industry services body immediately after that cessation.\n\n#### 25 Terms and conditions of transferred employees\n\n  (1) A transferred employee is taken:\n    (a) to have been engaged by the industry services body on the same terms and conditions as those that applied to the person, immediately before the transfer day, as an employee of the previous employer; and\n    (b) to have accrued an entitlement to benefits, in connection with that engagement by the industry services body, that is equivalent to the entitlement that the person had accrued, as an employee of the previous employer, immediately before the employee’s transfer time.\n\n> Note: For previous employer, see section 4.\n\n  (2) The service of a transferred employee as an employee of the industry services body is taken, for all purposes, to have been continuous with the service of the employee, immediately before the transfer day, as an employee of the previous employer.\n  (3) A transferred employee is not entitled to receive any payment or other benefit merely because he or she stopped being an employee of the previous employer as a result of this Division.\n  (4) 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#### 26 Variation of terms and conditions of employment\n\n  (1) This Division does not prevent the terms and conditions of a transferred employee’s employment after the transfer day 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> 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#### 27 Continued application of SRC Act\n\n  The SRC Act continues to apply on and after the transfer day in relation to:\n    (a) injuries suffered before that time by an employee of a statutory authority; and\n    (b) loss of, or damage to, property incurred before that time by an employee of a statutory authority.\n\n#### 28 Commonwealth liability to meet certain SRC Act liabilities\n\n  On and after the transfer day, the Commonwealth:\n    (a) is liable to pay the liabilities of the statutory authorities under section 128A of the SRC Act; and\n    (b) subject to section 29, is taken to have been the employer of the employees of the statutory authorities before the transfer day for the purposes of the application of the SRC Act in relation to those liabilities.\n\n#### 29 SRC Act: rehabilitation provisions\n\n  (1) If a transferred employee had, before the transfer day, suffered an injury resulting in an incapacity for work or an impairment, the employee’s employer 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 transferred employee.\n  (2) On and after the transfer day, the industry services body is, for the purposes of section 40 of the SRC Act, taken to be the relevant employer of each transferred employee employed by the industry services body.\n  (3) On and after the transfer day, the industry services body is, for the purposes of applying section 71 of the SRC Act in relation to each transferred employee, taken to be a Commonwealth authority.\n  (4) Expressions used in this section have the same meanings as they have in the SRC Act.\n\n#### 30 Premiums under the SRC Act\n\n  (1) The Safety, Rehabilitation and Compensation Commission must, as soon as practicable after the transfer day, determine the amount (if any) by which the confirmed estimate of premium for each statutory authority for the relevant financial year should be reduced.\n  (2) If:\n    (a) an amount equal to the confirmed estimate of premium for a statutory authority for the relevant financial year has been paid to the Commonwealth under section 96G of the SRC Act; and\n    (b) the amount of the confirmed estimate of premium is reduced as a result of a determination under subsection (1);\n  the Secretary 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 the industry services body in accordance with the direction.\n  (3) A direction by the Secretary 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 gives a direction, the amount or amounts to which it relates are payable out of the Consolidated Revenue Fund, which is appropriated accordingly, to the industry services body.\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 confirmed estimate of premium for a statutory authority for the relevant financial year and the amount of that confirmed estimate as reduced because of a determination under subsection (1).\n\n> relevant financial year means the financial year in which the transfer day occurs.\n\n  (9) Expressions used in this section have the same meanings as they have in the SRC Act.\n\n#### Subdivision C—Deferred Defence Force Retirement and Death Benefits Act benefits\n\n#### 31 Saving: deferred benefits under the DFRDB Act\n\n  (1) This section applies to a transferred employee of the industry services body if, immediately before the transfer day, the employee was a person to whom deferred benefits were applicable under section 78 of the DFRDB Act.\n  (2) For the purposes of Division 3 of Part IX of the DFRDB Act, the employee is taken to continue in public employment on and after the transfer day while the employee continues to be employed by the industry services body.\n  (3) This section is subject to Division 3 of Part IX of the DFRDB Act.\n\n#### Subdivision D—Maternity leave provisions\n\n#### 32 Maternity leave starting before transfer day\n\n  (1) This section applies in relation to a person if:\n    (a) immediately before the transfer day, the person was a female employee of a statutory authority who was on leave granted under the Maternity Leave Act; and\n    (b) the person becomes an employee of the industry services body on the transfer day; and\n    (c) the person would have been entitled to have remained on that leave on and after the transfer day if the person had continued to be an employee of the statutory authority.\n  (2) On and after the transfer day, the Maternity Leave Act continues to apply to the person in relation to the confinement in respect of which the leave was granted as if the industry services body were a prescribed authority for the purposes of that Act.\n\n#### 33 Maternity leave starting after transfer day\n\n  (1) This section applies in relation to a person if:\n    (a) immediately before the transfer day, the person was a female employee of a statutory authority; and\n    (b) the person becomes an employee of the industry services body on the transfer day; and\n    (c) within 9 months after the transfer day, the person would have been entitled to start leave granted under the Maternity Leave Act if the person had continued to be an employee of the statutory authority.\n  (2) On and after the transfer day, the Maternity Leave Act continues to apply to the person in relation to the confinement in respect of which she would have been entitled to leave as if the industry services body were a prescribed authority for the purposes of that Act.\n\n#### Subdivision E—Provisions relating to superannuation\n\n#### 34 Application of the Superannuation Act 1922\n\n  Section 145 of the Superannuation Act 1922 does not apply in relation to the industry services body.\n\n#### 35 Application of other Superannuation Acts\n\n  The industry services body is not an approved authority for the purposes of the Superannuation Act 1976 or the Superannuation Act 1990.\n\n#### 36 Application of the Superannuation Benefits (Supervisory Mechanisms) Act 1990\n\n  (1) The Minister must not declare the industry services body 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 F—Provisions relating to long service leave\n\n#### 37 Long service leave for employees with less than 10 years service\n\n  (1) This section applies in relation to a person:\n    (a) who became a transferred employee of the industry services body on the transfer day; and\n    (b) whose period of service for the purposes of the Long Service Leave Act immediately before the transfer day 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 the industry services body until his or her combined service period is at least 10 years, the industry services body may grant the employee long service leave on full salary for a period up to the employee’s long service leave credit under subsection 40(1).\n  (4) If:\n    (a) the employee stops being an employee of the industry services body 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 the industry services body is at least one year;\n  the industry services body may grant the employee long service leave on full salary for a period up to the employee’s long service leave credit under subsection 40(1).\n  (5) If a period of long service leave may be granted to an employee under subsection (3) or (4), the industry services body 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 37 of the Horticulture Marketing and Research and Development Services (Repeals and Consequential Provisions) Act 2000”.\n\n#### 38 Payments in lieu of long service leave for employees with less than 10 years service\n\n  (1) This section applies to a person:\n    (a) who became a transferred employee on the transfer day; and\n    (b) whose period of service for the purposes of the Long Service Leave Act immediately before the transfer day 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 the industry services body on or after the day on which his or her combined service period reaches 10 years, the industry services body must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 40(2).\n  (4) If:\n    (a) the employee stops being an employee of the industry services body, 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  the industry services body must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 40(2).\n  (5) If:\n    (a) the employee stops being an employee of the industry services body; and\n    (b) the industry services body is satisfied that the employee left the industry services body’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  the industry services body must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 40(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 38 of the Horticulture Marketing and Research and Development Services (Repeals and Consequential Provisions) Act 2000”.\n\n#### 39 Payments on the death of an employee\n\n  (1) This section applies to a person who was an employee of a statutory authority immediately before the transfer day if, at that time, the employee’s period of service for the purposes of the Long Service Leave Act was less than 10 years.\n  (2) If the person dies on or after the transfer day and immediately before his or her death:\n    (a) the person was an employee of the industry services body; and\n    (b) the person’s combined service period was at least one year; and\n    (c) the person had one or more dependants;\n  the industry services body 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 38 if, on the day of his or her death, the person had instead stopped being an employee of the industry services body 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 the industry services body; and\n    (b) a reference in that section to the approving authority were a reference to the industry services body; and\n    (c) for the expression “this Act” in that section there were substituted the expression “section 39 of the Horticulture Marketing and Research and Development Services (Repeals and Consequential Provisions) Act 2000”; and\n    (d) for the expression “subsection 16(7) or 17(5)” there were substituted the expression “section 39 of the Horticulture Marketing and Research and Development Services (Repeals and Consequential Provisions) Act 2000”.\n\n#### 40 Employee’s long service leave credit for the purposes of sections 37 and 38\n\n  (1) For the purposes of section 37, 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 on the transfer day;\n  if the employee had been retrenched on that day.\n  (2) For the purposes of section 38, 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 37.\n\n#### 41 Employees with at least 10 years service\n\n  (1) This section applies to an employee of a statutory authority whose period of service under the Long Service Leave Act was at least 10 years immediately before the transfer day.\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 if the employee becomes an employee of the industry services body on the transfer day. 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 on and after the transfer day in relation to the employee’s rights under that Act that accrued before the transfer day, as if the industry services body were an approving authority for the purposes of that Act.\n\n#### 42 Division not to affect post‑commencement long service leave rights\n\n  This Division does not affect an employee’s post‑commencement long service leave rights.\n\n> Note: For the meaning of post‑commencement long service leave rights, see section 4.\n\n#### Subdivision G—Staff with mobility rights\n\n#### 43 Cessation of mobility rights\n\n  If a transferred employee had rights under section 6 or 7 of the Public Employment (Consequential and Transitional) Amendment Act 1999 immediately before the transfer day, the employee ceases to have those rights, and ceases to be an APS employee, on the transfer day.\n\n> Note: For the meaning of APS employee, see section 4.\n\n### Division 5—Transitional period for export controls\n\n#### 44 Simplified outline\n\n  The following is a simplified outline of this Division:\n\nThe system of export controls in place under the Australian Horticultural Corporation Act 1987 is continued after the transfer day for a transitional period (a maximum of 2 years).\n\nDuring the transitional period most of the export control powers that the Australian Horticultural Corporation had can be exercised by the new industry export control body.\n\n#### 45 Continuation of export controls despite repeal of AHC Act\n\n  (1) In spite of the repeal of the Australian Horticultural Corporation Act 1987 (the Act):\n    (a) Part V of the Act continues in force after the repeal; and\n    (b) regulations, orders and other instruments made under the Act for the purposes of Part V that were in force immediately before the repeal continue in force.\n  (2) Any other provision of the Act that is necessary for the effective operation of Part V of the Act (as continued in force under subsection (1)) also continues in force in spite of the repeal but applies only to the extent that it relates to the operation of Part V.\n  (3) Without limiting subsection (2), sections 121 and 122 of the Act continue in force to the extent that regulations and orders relating to the operation of Part V (including regulations, or orders, amending or repealing earlier regulations or orders) may be made under them.\n  (4) Chapter 2 (other than Part 2.5) of the Criminal Code applies to all offences against Part V of the Act.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n  (5) The offences in subsections 118(1) and (2) of the Act are offences of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (6) For the purposes of subsection 118(2) of the Act, the defendant bears an evidential burden in relation to the matter of whether the defendant has a reasonable excuse.\n\n> Note: For evidential burdens, see subsection 13.3(3) of the Criminal Code.\n\n#### 46 References to AHC and Product Board\n\n  (1) During the transitional period, references to powers, duties or functions of the Corporation or of a Board in Part V of the Act or in an instrument in force under Part V are taken to be references to powers, duties or functions of the industry export control body.\n\n> Note: For transitional period and industry export control body, see section 4.\n\n  (2) However, in spite of subsection (1), the industry export control body does not, during the transitional period, have the power:\n    (a) to prohibit the export of a product to a specified place unless the export of the product to that place was prohibited immediately before the transfer day; or\n    (b) to revoke or vary a prohibition of export to a specified place.\n\n> Note: The power to prohibit the export of a horticultural product to a specified place is given to the Corporation by regulation 5 of the Australian Horticultural Corporation (Export Control) Regulations 1990.\n\n#### 47 Phasing out of export controls under Part V of AHC Act\n\n  (1) If:\n    (a) the export of a horticultural product to a place is prohibited under the Australian Horticultural Corporation (Export Control) Regulations 1990 or the Australian Horticultural Corporation (Dried Fruits Export Control) Regulations 1991; and\n    (b) during the transitional period, the product and the place are the subject of an order (the new order) under section 19 of the Horticulture Marketing and Research and Development Services Act 2000;\n  Part V (and any instrument made under, or for the purposes of, Part V) ceases, at the time of the new order, to have effect in relation to the export of that product to that place.\n  (2) If, at the end of the transitional period, Part V of the Act still has effect in relation to any horticultural product, it (and any instrument made under, or for the purposes of, Part V) ceases to have effect immediately after the end of the transitional period.\n\n### Division 6—Final annual reports\n\n#### 48 Simplified outline\n\n  The following is a simplified outline of this Division:\n\nEach of the 3 statutory authorities must produce a final annual report covering the authority’s operations and financial status up to the transfer day.\n\n#### 49 Final annual report: Australian Horticultural Corporation\n\n  (1) In spite of the repeal of the Australian Horticultural Corporation Act 1987:\n    (a) the Australian Horticultural Corporation continues in existence for the purpose of giving the Minister the report required under section 9 of the Commonwealth Authorities and Companies Act 1997 in relation to the period starting on the last 1 July before the transfer day and ending on the transfer day; and\n    (b) for that purpose, the membership of the Corporation immediately before the transfer day is taken to be the same on and after the transfer day.\n  (2) For the purposes of the application of section 9 of the Commonwealth Authorities and Companies Act 1997 to the report referred to in subsection (1):\n    (a) the period starting on the last 1 July before the transfer day and ending on the transfer day is taken to be a financial year; and\n    (b) the Australian Horticultural Corporation Act 1987 continues to have effect as if it had not been repealed.\n\n#### 50 Final annual report: Australian Dried Fruits Board\n\n  (1) In spite of the repeal of the Australian Horticultural Corporation Act 1987:\n    (a) the Australian Dried Fruits Board continues in existence for the purpose of giving the Minister the report required under section 9 of the Commonwealth Authorities and Companies Act 1997 in relation to the period starting on the last 1 July before the transfer day and ending on the transfer day; and\n    (b) for that purpose, the membership of the Board immediately before the transfer day is taken to be the same on and after the transfer day.\n  (2) For the purposes of the application of section 9 of the Commonwealth Authorities and Companies Act 1997 to the report referred to in subsection (1):\n    (a) the period starting on the last 1 July before the transfer day and ending on the transfer day is taken to be a financial year; and\n    (b) the Australian Horticultural Corporation Act 1987 continues to have effect as if it had not been repealed; and\n    (c) the reference in paragraph 101A(b) of that Act to 31 August after the end of the financial year is taken to be a reference to the day occurring 8 weeks after the transfer day; and\n    (d) the reference in subsection 30A(1) of that Act to 15 October after the end of each financial year is taken to be a reference to the day occurring 14 weeks after the transfer day.\n\n#### 51 Final annual report: Horticultural Research and Development Corporation\n\n  (1) In spite of the repeal of the Horticultural Research and Development Corporation Act 1987:\n    (a) the Horticultural Research and Development Corporation continues in existence for the purpose of giving the Minister the report required under section 9 of the Commonwealth Authorities and Companies Act 1997 in relation to the period starting on the last 1 July before the transfer day and ending on the transfer day; and\n    (b) for that purpose, the membership of the Corporation immediately before the transfer day is taken to be the same on and after the transfer day.\n  (2) For the purposes of the application of section 9 of the Commonwealth Authorities and Companies Act 1997 to the report referred to in subsection (1):\n    (a) the period starting on the last 1 July before the transfer day and ending on the transfer day is taken to be a financial year; and\n    (b) the Australian Horticultural Research and Development Corporation Act 1987 continues to have effect as if it had not been repealed.\n\n### Division 7—Miscellaneous\n\n#### 52 Delegation of Secretary’s powers\n\n  The Secretary may delegate all or any of the Secretary’s powers under this Act, the regulations or orders to an APS employee in the Department who has appropriate skills or experience. The delegation must be in writing.\n\n> Note: For the meaning of APS employee, see section 4.\n\n#### 53 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 and just terms have the same respective meanings as in paragraph 51(xxxi) of the Constitution.\n\n#### 54 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 dealing with other transitional matters arising out of the repeal of the Australian Horticultural Corporation Act 1987 and the Horticultural Research and Development Corporation Act 1987 and the enactment of this Act and the Horticulture Marketing and Research and Development Services Act 2000.","sortOrder":12},{"sectionNumber":"14","sectionType":"section","heading":"Simplified outline","content":"#### 14 Simplified outline\n\n  The following is a simplified outline of this Division:\n\nOn the transfer day, the assets and liabilities of the 3 statutory authorities vest in the new industry services body.\n\nSpecial provision is made for the transfer of certain money of the Australian Dried Fruits Board (see section 17).\n\nTransfers are not subject to taxation (see section 19).\n\nOther transitional matters (such as the transfer of records, outstanding money and legal proceedings) are also dealt with.","sortOrder":13},{"sectionNumber":"15","sectionType":"section","heading":"Transfers subject to conditions","content":"#### 15 Transfers subject to conditions\n\n  The deed of agreement may contain conditions relating to an asset or liability, or a class of assets or liabilities, transferred to the industry services body under this Act.\n\n> Note: The Horticulture Marketing and Research and Development Services Act 2000 and the of deed of agreement provide for the consequences of a breach of the deed by the industry services body (see sections 10, 16 and 27 of that Act, and the provisions of the deed).","sortOrder":14},{"sectionNumber":"16","sectionType":"section","heading":"Transfer of assets and liabilities","content":"#### 16 Transfer of assets and liabilities\n\n  (1) This section applies to:\n    (a) the assets of a statutory authority (other than the ADF Trust Amount); and\n    (b) the liabilities of a statutory authority (other than a liability referred to in section 28).\n\n> Note: The transfer of the ADF Trust Amount is dealt with in section 17.\n\n  (3) On the transfer day:\n    (a) the assets and liabilities cease to be assets and liabilities of the authority and become assets and liabilities of the industry services body without any conveyance, transfer or assignment; and\n    (b) the industry services body becomes the statutory authority’s successor in law in relation to the assets and liabilities immediately after they become assets and liabilities of the industry services body.\n\n> Note: See also sections 18 and 21.","sortOrder":15},{"sectionNumber":"17","sectionType":"section","heading":"ADF Trust Amount","content":"#### 17 ADF Trust Amount\n\n  (1) The Minister may determine, in writing, that:\n    (a) a particular amount of money of the Australian Dried Fruits Board is the ADF Trust Amount for the purposes of this section; and\n    (b) a particular trust is the Dried Fruits Trust for the purposes of this section.\n  (2) If the Minister has made a determination under subsection (1) before the transfer day, the ADF Trust Amount vests in the trustees on the transfer day and is held on trust by the trustees for the purposes of the Dried Fruits Trust.\n  (3) If the ADF Trust Amount is transferred under subsection (2), it vests in the trustees without any conveyance, transfer or assignment.\n  (4) A copy of the determination is to be published in the Gazette within 14 days after the determination is made.\n  (5) The determination is not invalid merely because it has not been published as required under subsection (4).","sortOrder":16},{"sectionNumber":"18","sectionType":"section","heading":"Transfer of pending proceedings","content":"#### 18 Transfer of pending proceedings\n\n  (1) This section applies if, as a result of a transfer under this Act, a person (the successor) becomes the successor in law of another person (the original person) at a particular time in relation to a particular asset, liability, right, benefit or obligation.\n  (2) If any proceedings to which the original person was a party:\n    (a) were pending in any court or tribunal immediately before that time; and\n    (b) related, in whole or in part, to the asset, liability, right, benefit or obligation, as the case may be;\n  the successor is, by force of this subsection, substituted for the original person as a party to the proceedings to the extent to which the proceedings relate to the asset, liability, right, benefit or obligation, as the case requires.","sortOrder":17},{"sectionNumber":"19","sectionType":"section","heading":"Exemption from taxation","content":"#### 19 Exemption from taxation\n\n  Stamp duty or other tax is not payable under a law of a State or Territory in respect of:\n    (a) a transfer of an asset or liability of a statutory authority under this Act; or\n    (b) anything done (including a transaction entered into or an instrument or document made, executed, lodged or given) because of, or for a purpose connected with or arising out of, such a transfer.","sortOrder":18},{"sectionNumber":"19A","sectionType":"section","heading":"Operation of GST Law","content":"#### 19A Operation of GST Law\n\n  (1) For the purposes of the GST Law, a transfer to a person or body under section 16 or 17 of this Act is taken to be consideration provided by the Commonwealth to that person or body for:\n    (a) in the case of a transfer under section 16—entering into obligations under the deed of agreement by the industry services body; and\n    (b) in the case of a transfer under section 17—entering into obligations under the deed of trust establishing the Dried Fruits Trust by the trustees of that Trust.\n  (2) Expressions used in this section have the same meanings as they have in the A New Tax System (Goods and Services Tax) Act 1999.","sortOrder":19},{"sectionNumber":"20","sectionType":"section","heading":"References in certain instruments","content":"#### 20 References in certain instruments\n\n  (1) An instrument to which subsection (2) applies continues to have effect on and after the transfer day as if a reference in the instrument to the statutory authority were a reference to the industry services body.\n  (2) This subsection applies to an instrument if it is:\n    (a) in operation immediately before the transfer day; and\n    (b) is an instrument:\n    (i) to which a statutory authority is a party; or\n    (ii) which was given to, or in favour of, a statutory authority; or\n    (iii) in which a reference is made to a statutory authority; or\n    (iv) under which any right or liability accrues or may accrue to a statutory authority.","sortOrder":20},{"sectionNumber":"21","sectionType":"section","heading":"Certificates in relation to assets","content":"#### 21 Certificates in relation to assets\n\n  (1) This section applies if:\n    (a) an asset (other than money) becomes an asset of the industry services body under this Division; and\n    (b) there is lodged with an assets official a certificate that:\n    (i) is signed by the Secretary; and\n    (ii) identifies the asset; and\n    (iii) states that the asset has become an asset of the body under this Division.\n\n> Note: For the meaning of assets official, see section 4.\n\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) A document that appears to be a certificate under subsection (1) is taken to be such a certificate, and to have been properly given, unless the contrary is established.","sortOrder":21},{"sectionNumber":"Division 4","sectionType":"division","heading":"Transfer of staff","content":"An Act to deal with matters consequential on the enactment of the Horticulture Marketing and Research and Development Services Act 2000, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Horticulture Marketing and Research and Development Services (Repeals and Consequential Provisions) Act 2000.\n\n#### 2 Commencement\n\n  (1) Subject to this section, this Act commences at the same time as Part 2 of the Horticulture Marketing and Research and Development Services Act 2000.\n  (2) Schedules 1 (repeals) and 2 (consequential amendments) commence on the transfer day, immediately after the transfer of assets, liabilities and staff under Part 2.\n\n> Note: See sections 12 and 13 for the transfer day, and the time at which the transfer occurs.\n\n  (3) Schedule 3 (references to Administrative Appeals Tribunal) commences at the later of:\n    (a) the time when Parts 4 to 10 of the Act that establishes the Administrative Review Tribunal commence; and\n    (b) the time immediately after the Horticulture Marketing and Research and Development Services Act 2000 receives the Royal Assent.\n\n> Note: The short title of the Act that establishes the Administrative Review Tribunal is either the Administrative Review Tribunal Act 2000 or the Administrative Review Tribunal Act 2001.\n\n  (4) Schedule 4 (operation of the Privacy Act) commences at the later of:\n    (a) the time when Schedule 1 to the Privacy Amendment (Private Sector) Act 2000 commences; and\n    (b) the time immediately after the Horticulture Marketing and Research and Development Services Act 2000 receives the Royal Assent.\n\n#### 3 Simplified outline\n\n  The following is a simplified outline of this Act:\n\nThis Act deals with the transition from the Australian Horticultural Corporation, Horticultural Research and Development Corporation and the Australian Dried Fruits Board to new bodies. The new bodies are those declared under the Horticulture Marketing and Research and Development Services Act 2000.\n\nThe Minister must determine a transfer day (see section 12).\n\nOn the transfer day assets, liabilities and staff of the Corporations and the Board are transferred to the new industry services body (see Divisions 2, 3 and 4 of Part 2).\n\nThe system of export controls in place under the Australian Horticultural Corporation Act 1987 is kept in place for a maximum period of 2 years after the transfer day. Export controls on particular products can be phased out during the 2 year period, as controls on those products are brought in under the Horticulture Marketing and Research and Development Services Act 2000 (see Division 5 of Part 2 of this Act).\n\nThe Australian Horticultural Corporation Act 1987 and the Horticultural Research and Development Corporation Act 1987 are repealed once the assets, liabilities and staff of the bodies established by those Acts have been transferred to the new industry services body.\n\n#### 4 Definitions\n\n  (1) In this Act, unless the contrary intention appears:\n\n> ADF Trust Amount has the meaning given by section 17.\n\n> APS employee has the same meaning as in the Public Service Act 1999.\n\n> assets means any legal or equitable estate or interest of the authority in real or personal property (whether actual, contingent or prospective) and includes all rights, powers, privileges and immunities (whether actual, contingent or prospective).\n\n> assets official means a person or authority who, under a law, has responsibility for keeping a register in relation to assets of the kind concerned.\n\n> combined service period, in relation to an employee, means the total of:\n\n    (a) the period that is, immediately before the transfer day, 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 the industry services body.\n\n> DFRDB Act means the Defence Force Retirement and Death Benefits Act 1973.\n\n> Dried Fruits Trust has the meaning given by section 17.\n\n> employee, in relation to a statutory authority, means a person who was, immediately before the transfer day, an officer or an employee of the authority, and includes the Chief Executive Officer, Managing Director or General Manager of the authority.\n\n> industry export control body means the body for the time being declared to be the industry export control body under the Horticulture Marketing and Research and Development Services Act 2000.\n\n> industry services body means the body that was the industry services body under the Horticulture Marketing and Research and Development Services Act 2000 on 31 December 2024.\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> liabilities means all liabilities, duties and obligations, 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 transfer day.\n\n> Maternity Leave Act means the Maternity Leave (Commonwealth Employees) Act 1973, as in force immediately before the transfer day.\n\n> post‑commencement long service leave rights, in relation to an employee, means any long service leave rights the employee acquires on or after the transfer day under an award, determination, industrial agreement or law (other than this Act).\n\n> previous employer, in relation to a transferred employee, means the statutory authority that employed the employee immediately before the transfer day.\n\n> SRC Act means the Safety, Rehabilitation and Compensation Act 1988, as in force immediately before the transfer day.\n\n> statutory authority means:\n\n    (a) the Australian Horticultural Corporation; or\n    (b) the Horticultural Research and Development Corporation; or\n    (c) the Australian Dried Fruits Board.\n\n> transfer day means the day specified by the Minister as the transfer day in a determination under section 12.\n\n> transferred employee means a person whose employment is transferred under section 24.\n\n> transitional period means the period of 24 months beginning on the transfer day.\n\n  (2) Expressions used in this Act that are defined in the Horticulture Marketing and Research and Development Services Act 2000 have the same meanings as they have in that Act.\n  (3) Expressions used in Subdivision F of Division 4 of Part 2 that are defined in the Long Service Leave Act have the same meanings as they have in that Act.\n\n#### 5 Crown to be bound\n\n  This Act binds the Crown in each of its capacities.\n\n#### 6 Extra‑territorial operation\n\n  This Act applies both within and outside Australia.\n\n## Part 2—Transitional provisions\n\n### Division 2—Transfer day\n\n#### 11 Simplified outline\n\n  The following is a simplified outline of this Division:\n\nThis Division provides for the Minister to determine the transfer day.\n\n#### 12 Minister must determine transfer day\n\n  (1) The Minister must determine, in writing, that a specified day is the transfer day for the purposes of this Act.\n  (2) The day:\n    (a) must not be a day before both of the following declarations have taken effect under section 9 of the Horticulture Marketing and Research and Development Services Act 2000:\n    (i) the first declaration of the industry services body;\n    (ii) the first declaration of the industry export control body; and\n    (b) must be a day within the period of 6 months after the commencement of this section.\n  (3) The determination has effect accordingly.\n  (4) A copy of the determination is to be published in the Gazette within 14 days after the determination is made.\n  (5) The determination can be varied or revoked by the Minister in the same manner in which it was made, but it cannot be varied or revoked on or after the day specified in the determination as the transfer day.\n  (6) The determination is not invalid merely because it has not been published as required under subsection (4).\n\n#### 13 Time of transfers\n\n  Any transfer occurring under this Part is taken to occur immediately after the end of the day before the transfer day.\n\n### Division 3—Transfer of assets and liabilities etc.\n\n#### 14 Simplified outline\n\n  The following is a simplified outline of this Division:\n\nOn the transfer day, the assets and liabilities of the 3 statutory authorities vest in the new industry services body.\n\nSpecial provision is made for the transfer of certain money of the Australian Dried Fruits Board (see section 17).\n\nTransfers are not subject to taxation (see section 19).\n\nOther transitional matters (such as the transfer of records, outstanding money and legal proceedings) are also dealt with.\n\n#### 15 Transfers subject to conditions\n\n  The deed of agreement may contain conditions relating to an asset or liability, or a class of assets or liabilities, transferred to the industry services body under this Act.\n\n> Note: The Horticulture Marketing and Research and Development Services Act 2000 and the of deed of agreement provide for the consequences of a breach of the deed by the industry services body (see sections 10, 16 and 27 of that Act, and the provisions of the deed).\n\n#### 16 Transfer of assets and liabilities\n\n  (1) This section applies to:\n    (a) the assets of a statutory authority (other than the ADF Trust Amount); and\n    (b) the liabilities of a statutory authority (other than a liability referred to in section 28).\n\n> Note: The transfer of the ADF Trust Amount is dealt with in section 17.\n\n  (3) On the transfer day:\n    (a) the assets and liabilities cease to be assets and liabilities of the authority and become assets and liabilities of the industry services body without any conveyance, transfer or assignment; and\n    (b) the industry services body becomes the statutory authority’s successor in law in relation to the assets and liabilities immediately after they become assets and liabilities of the industry services body.\n\n> Note: See also sections 18 and 21.\n\n#### 17 ADF Trust Amount\n\n  (1) The Minister may determine, in writing, that:\n    (a) a particular amount of money of the Australian Dried Fruits Board is the ADF Trust Amount for the purposes of this section; and\n    (b) a particular trust is the Dried Fruits Trust for the purposes of this section.\n  (2) If the Minister has made a determination under subsection (1) before the transfer day, the ADF Trust Amount vests in the trustees on the transfer day and is held on trust by the trustees for the purposes of the Dried Fruits Trust.\n  (3) If the ADF Trust Amount is transferred under subsection (2), it vests in the trustees without any conveyance, transfer or assignment.\n  (4) A copy of the determination is to be published in the Gazette within 14 days after the determination is made.\n  (5) The determination is not invalid merely because it has not been published as required under subsection (4).\n\n#### 18 Transfer of pending proceedings\n\n  (1) This section applies if, as a result of a transfer under this Act, a person (the successor) becomes the successor in law of another person (the original person) at a particular time in relation to a particular asset, liability, right, benefit or obligation.\n  (2) If any proceedings to which the original person was a party:\n    (a) were pending in any court or tribunal immediately before that time; and\n    (b) related, in whole or in part, to the asset, liability, right, benefit or obligation, as the case may be;\n  the successor is, by force of this subsection, substituted for the original person as a party to the proceedings to the extent to which the proceedings relate to the asset, liability, right, benefit or obligation, as the case requires.\n\n#### 19 Exemption from taxation\n\n  Stamp duty or other tax is not payable under a law of a State or Territory in respect of:\n    (a) a transfer of an asset or liability of a statutory authority under this Act; or\n    (b) anything done (including a transaction entered into or an instrument or document made, executed, lodged or given) because of, or for a purpose connected with or arising out of, such a transfer.\n\n#### 19A Operation of GST Law\n\n  (1) For the purposes of the GST Law, a transfer to a person or body under section 16 or 17 of this Act is taken to be consideration provided by the Commonwealth to that person or body for:\n    (a) in the case of a transfer under section 16—entering into obligations under the deed of agreement by the industry services body; and\n    (b) in the case of a transfer under section 17—entering into obligations under the deed of trust establishing the Dried Fruits Trust by the trustees of that Trust.\n  (2) Expressions used in this section have the same meanings as they have in the A New Tax System (Goods and Services Tax) Act 1999.\n\n#### 20 References in certain instruments\n\n  (1) An instrument to which subsection (2) applies continues to have effect on and after the transfer day as if a reference in the instrument to the statutory authority were a reference to the industry services body.\n  (2) This subsection applies to an instrument if it is:\n    (a) in operation immediately before the transfer day; and\n    (b) is an instrument:\n    (i) to which a statutory authority is a party; or\n    (ii) which was given to, or in favour of, a statutory authority; or\n    (iii) in which a reference is made to a statutory authority; or\n    (iv) under which any right or liability accrues or may accrue to a statutory authority.\n\n#### 21 Certificates in relation to assets\n\n  (1) This section applies if:\n    (a) an asset (other than money) becomes an asset of the industry services body under this Division; and\n    (b) there is lodged with an assets official a certificate that:\n    (i) is signed by the Secretary; and\n    (ii) identifies the asset; and\n    (iii) states that the asset has become an asset of the body under this Division.\n\n> Note: For the meaning of assets official, see section 4.\n\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) A document that appears to be a certificate under subsection (1) is taken to be such a certificate, and to have been properly given, unless the contrary is established.\n\n### Division 4—Transfer of staff\n\n#### Subdivision A—Preliminary\n\n#### 23 Simplified outline\n\n  The following is a simplified outline of this Division:\n\nOn the transfer day, the staff of the 3 statutory authorities are transferred to the new industry services body on the same terms and conditions, and with the same accrued entitlements, that they had before the transfer (see section 25).\n\nThe terms and conditions on which the staff are transferred can be varied after the transfer (see section 26).\n\nOther provisions deal with the application of certain Commonwealth Acts (such as superannuation Acts and the Maternity Leave Act).\n\n#### 24 Transfer of staff\n\n  On the transfer day, each employee of a statutory authority ceases to be employed by the statutory authority and is taken to have been engaged as an employee of the industry services body immediately after that cessation.\n\n#### 25 Terms and conditions of transferred employees\n\n  (1) A transferred employee is taken:\n    (a) to have been engaged by the industry services body on the same terms and conditions as those that applied to the person, immediately before the transfer day, as an employee of the previous employer; and\n    (b) to have accrued an entitlement to benefits, in connection with that engagement by the industry services body, that is equivalent to the entitlement that the person had accrued, as an employee of the previous employer, immediately before the employee’s transfer time.\n\n> Note: For previous employer, see section 4.\n\n  (2) The service of a transferred employee as an employee of the industry services body is taken, for all purposes, to have been continuous with the service of the employee, immediately before the transfer day, as an employee of the previous employer.\n  (3) A transferred employee is not entitled to receive any payment or other benefit merely because he or she stopped being an employee of the previous employer as a result of this Division.\n  (4) 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#### 26 Variation of terms and conditions of employment\n\n  (1) This Division does not prevent the terms and conditions of a transferred employee’s employment after the transfer day 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> 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#### 27 Continued application of SRC Act\n\n  The SRC Act continues to apply on and after the transfer day in relation to:\n    (a) injuries suffered before that time by an employee of a statutory authority; and\n    (b) loss of, or damage to, property incurred before that time by an employee of a statutory authority.\n\n#### 28 Commonwealth liability to meet certain SRC Act liabilities\n\n  On and after the transfer day, the Commonwealth:\n    (a) is liable to pay the liabilities of the statutory authorities under section 128A of the SRC Act; and\n    (b) subject to section 29, is taken to have been the employer of the employees of the statutory authorities before the transfer day for the purposes of the application of the SRC Act in relation to those liabilities.\n\n#### 29 SRC Act: rehabilitation provisions\n\n  (1) If a transferred employee had, before the transfer day, suffered an injury resulting in an incapacity for work or an impairment, the employee’s employer 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 transferred employee.\n  (2) On and after the transfer day, the industry services body is, for the purposes of section 40 of the SRC Act, taken to be the relevant employer of each transferred employee employed by the industry services body.\n  (3) On and after the transfer day, the industry services body is, for the purposes of applying section 71 of the SRC Act in relation to each transferred employee, taken to be a Commonwealth authority.\n  (4) Expressions used in this section have the same meanings as they have in the SRC Act.\n\n#### 30 Premiums under the SRC Act\n\n  (1) The Safety, Rehabilitation and Compensation Commission must, as soon as practicable after the transfer day, determine the amount (if any) by which the confirmed estimate of premium for each statutory authority for the relevant financial year should be reduced.\n  (2) If:\n    (a) an amount equal to the confirmed estimate of premium for a statutory authority for the relevant financial year has been paid to the Commonwealth under section 96G of the SRC Act; and\n    (b) the amount of the confirmed estimate of premium is reduced as a result of a determination under subsection (1);\n  the Secretary 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 the industry services body in accordance with the direction.\n  (3) A direction by the Secretary 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 gives a direction, the amount or amounts to which it relates are payable out of the Consolidated Revenue Fund, which is appropriated accordingly, to the industry services body.\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 confirmed estimate of premium for a statutory authority for the relevant financial year and the amount of that confirmed estimate as reduced because of a determination under subsection (1).\n\n> relevant financial year means the financial year in which the transfer day occurs.\n\n  (9) Expressions used in this section have the same meanings as they have in the SRC Act.\n\n#### Subdivision C—Deferred Defence Force Retirement and Death Benefits Act benefits\n\n#### 31 Saving: deferred benefits under the DFRDB Act\n\n  (1) This section applies to a transferred employee of the industry services body if, immediately before the transfer day, the employee was a person to whom deferred benefits were applicable under section 78 of the DFRDB Act.\n  (2) For the purposes of Division 3 of Part IX of the DFRDB Act, the employee is taken to continue in public employment on and after the transfer day while the employee continues to be employed by the industry services body.\n  (3) This section is subject to Division 3 of Part IX of the DFRDB Act.\n\n#### Subdivision D—Maternity leave provisions\n\n#### 32 Maternity leave starting before transfer day\n\n  (1) This section applies in relation to a person if:\n    (a) immediately before the transfer day, the person was a female employee of a statutory authority who was on leave granted under the Maternity Leave Act; and\n    (b) the person becomes an employee of the industry services body on the transfer day; and\n    (c) the person would have been entitled to have remained on that leave on and after the transfer day if the person had continued to be an employee of the statutory authority.\n  (2) On and after the transfer day, the Maternity Leave Act continues to apply to the person in relation to the confinement in respect of which the leave was granted as if the industry services body were a prescribed authority for the purposes of that Act.\n\n#### 33 Maternity leave starting after transfer day\n\n  (1) This section applies in relation to a person if:\n    (a) immediately before the transfer day, the person was a female employee of a statutory authority; and\n    (b) the person becomes an employee of the industry services body on the transfer day; and\n    (c) within 9 months after the transfer day, the person would have been entitled to start leave granted under the Maternity Leave Act if the person had continued to be an employee of the statutory authority.\n  (2) On and after the transfer day, the Maternity Leave Act continues to apply to the person in relation to the confinement in respect of which she would have been entitled to leave as if the industry services body were a prescribed authority for the purposes of that Act.\n\n#### Subdivision E—Provisions relating to superannuation\n\n#### 34 Application of the Superannuation Act 1922\n\n  Section 145 of the Superannuation Act 1922 does not apply in relation to the industry services body.\n\n#### 35 Application of other Superannuation Acts\n\n  The industry services body is not an approved authority for the purposes of the Superannuation Act 1976 or the Superannuation Act 1990.\n\n#### 36 Application of the Superannuation Benefits (Supervisory Mechanisms) Act 1990\n\n  (1) The Minister must not declare the industry services body 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 F—Provisions relating to long service leave\n\n#### 37 Long service leave for employees with less than 10 years service\n\n  (1) This section applies in relation to a person:\n    (a) who became a transferred employee of the industry services body on the transfer day; and\n    (b) whose period of service for the purposes of the Long Service Leave Act immediately before the transfer day 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 the industry services body until his or her combined service period is at least 10 years, the industry services body may grant the employee long service leave on full salary for a period up to the employee’s long service leave credit under subsection 40(1).\n  (4) If:\n    (a) the employee stops being an employee of the industry services body 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 the industry services body is at least one year;\n  the industry services body may grant the employee long service leave on full salary for a period up to the employee’s long service leave credit under subsection 40(1).\n  (5) If a period of long service leave may be granted to an employee under subsection (3) or (4), the industry services body 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 37 of the Horticulture Marketing and Research and Development Services (Repeals and Consequential Provisions) Act 2000”.\n\n#### 38 Payments in lieu of long service leave for employees with less than 10 years service\n\n  (1) This section applies to a person:\n    (a) who became a transferred employee on the transfer day; and\n    (b) whose period of service for the purposes of the Long Service Leave Act immediately before the transfer day 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 the industry services body on or after the day on which his or her combined service period reaches 10 years, the industry services body must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 40(2).\n  (4) If:\n    (a) the employee stops being an employee of the industry services body, 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  the industry services body must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 40(2).\n  (5) If:\n    (a) the employee stops being an employee of the industry services body; and\n    (b) the industry services body is satisfied that the employee left the industry services body’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  the industry services body must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 40(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 38 of the Horticulture Marketing and Research and Development Services (Repeals and Consequential Provisions) Act 2000”.\n\n#### 39 Payments on the death of an employee\n\n  (1) This section applies to a person who was an employee of a statutory authority immediately before the transfer day if, at that time, the employee’s period of service for the purposes of the Long Service Leave Act was less than 10 years.\n  (2) If the person dies on or after the transfer day and immediately before his or her death:\n    (a) the person was an employee of the industry services body; and\n    (b) the person’s combined service period was at least one year; and\n    (c) the person had one or more dependants;\n  the industry services body 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 38 if, on the day of his or her death, the person had instead stopped being an employee of the industry services body 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 the industry services body; and\n    (b) a reference in that section to the approving authority were a reference to the industry services body; and\n    (c) for the expression “this Act” in that section there were substituted the expression “section 39 of the Horticulture Marketing and Research and Development Services (Repeals and Consequential Provisions) Act 2000”; and\n    (d) for the expression “subsection 16(7) or 17(5)” there were substituted the expression “section 39 of the Horticulture Marketing and Research and Development Services (Repeals and Consequential Provisions) Act 2000”.\n\n#### 40 Employee’s long service leave credit for the purposes of sections 37 and 38\n\n  (1) For the purposes of section 37, 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 on the transfer day;\n  if the employee had been retrenched on that day.\n  (2) For the purposes of section 38, 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 37.\n\n#### 41 Employees with at least 10 years service\n\n  (1) This section applies to an employee of a statutory authority whose period of service under the Long Service Leave Act was at least 10 years immediately before the transfer day.\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 if the employee becomes an employee of the industry services body on the transfer day. 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 on and after the transfer day in relation to the employee’s rights under that Act that accrued before the transfer day, as if the industry services body were an approving authority for the purposes of that Act.\n\n#### 42 Division not to affect post‑commencement long service leave rights\n\n  This Division does not affect an employee’s post‑commencement long service leave rights.\n\n> Note: For the meaning of post‑commencement long service leave rights, see section 4.\n\n#### Subdivision G—Staff with mobility rights\n\n#### 43 Cessation of mobility rights\n\n  If a transferred employee had rights under section 6 or 7 of the Public Employment (Consequential and Transitional) Amendment Act 1999 immediately before the transfer day, the employee ceases to have those rights, and ceases to be an APS employee, on the transfer day.\n\n> Note: For the meaning of APS employee, see section 4.\n\n### Division 5—Transitional period for export controls\n\n#### 44 Simplified outline\n\n  The following is a simplified outline of this Division:\n\nThe system of export controls in place under the Australian Horticultural Corporation Act 1987 is continued after the transfer day for a transitional period (a maximum of 2 years).\n\nDuring the transitional period most of the export control powers that the Australian Horticultural Corporation had can be exercised by the new industry export control body.\n\n#### 45 Continuation of export controls despite repeal of AHC Act\n\n  (1) In spite of the repeal of the Australian Horticultural Corporation Act 1987 (the Act):\n    (a) Part V of the Act continues in force after the repeal; and\n    (b) regulations, orders and other instruments made under the Act for the purposes of Part V that were in force immediately before the repeal continue in force.\n  (2) Any other provision of the Act that is necessary for the effective operation of Part V of the Act (as continued in force under subsection (1)) also continues in force in spite of the repeal but applies only to the extent that it relates to the operation of Part V.\n  (3) Without limiting subsection (2), sections 121 and 122 of the Act continue in force to the extent that regulations and orders relating to the operation of Part V (including regulations, or orders, amending or repealing earlier regulations or orders) may be made under them.\n  (4) Chapter 2 (other than Part 2.5) of the Criminal Code applies to all offences against Part V of the Act.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n  (5) The offences in subsections 118(1) and (2) of the Act are offences of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (6) For the purposes of subsection 118(2) of the Act, the defendant bears an evidential burden in relation to the matter of whether the defendant has a reasonable excuse.\n\n> Note: For evidential burdens, see subsection 13.3(3) of the Criminal Code.\n\n#### 46 References to AHC and Product Board\n\n  (1) During the transitional period, references to powers, duties or functions of the Corporation or of a Board in Part V of the Act or in an instrument in force under Part V are taken to be references to powers, duties or functions of the industry export control body.\n\n> Note: For transitional period and industry export control body, see section 4.\n\n  (2) However, in spite of subsection (1), the industry export control body does not, during the transitional period, have the power:\n    (a) to prohibit the export of a product to a specified place unless the export of the product to that place was prohibited immediately before the transfer day; or\n    (b) to revoke or vary a prohibition of export to a specified place.\n\n> Note: The power to prohibit the export of a horticultural product to a specified place is given to the Corporation by regulation 5 of the Australian Horticultural Corporation (Export Control) Regulations 1990.\n\n#### 47 Phasing out of export controls under Part V of AHC Act\n\n  (1) If:\n    (a) the export of a horticultural product to a place is prohibited under the Australian Horticultural Corporation (Export Control) Regulations 1990 or the Australian Horticultural Corporation (Dried Fruits Export Control) Regulations 1991; and\n    (b) during the transitional period, the product and the place are the subject of an order (the new order) under section 19 of the Horticulture Marketing and Research and Development Services Act 2000;\n  Part V (and any instrument made under, or for the purposes of, Part V) ceases, at the time of the new order, to have effect in relation to the export of that product to that place.\n  (2) If, at the end of the transitional period, Part V of the Act still has effect in relation to any horticultural product, it (and any instrument made under, or for the purposes of, Part V) ceases to have effect immediately after the end of the transitional period.\n\n### Division 6—Final annual reports\n\n#### 48 Simplified outline\n\n  The following is a simplified outline of this Division:\n\nEach of the 3 statutory authorities must produce a final annual report covering the authority’s operations and financial status up to the transfer day.\n\n#### 49 Final annual report: Australian Horticultural Corporation\n\n  (1) In spite of the repeal of the Australian Horticultural Corporation Act 1987:\n    (a) the Australian Horticultural Corporation continues in existence for the purpose of giving the Minister the report required under section 9 of the Commonwealth Authorities and Companies Act 1997 in relation to the period starting on the last 1 July before the transfer day and ending on the transfer day; and\n    (b) for that purpose, the membership of the Corporation immediately before the transfer day is taken to be the same on and after the transfer day.\n  (2) For the purposes of the application of section 9 of the Commonwealth Authorities and Companies Act 1997 to the report referred to in subsection (1):\n    (a) the period starting on the last 1 July before the transfer day and ending on the transfer day is taken to be a financial year; and\n    (b) the Australian Horticultural Corporation Act 1987 continues to have effect as if it had not been repealed.\n\n#### 50 Final annual report: Australian Dried Fruits Board\n\n  (1) In spite of the repeal of the Australian Horticultural Corporation Act 1987:\n    (a) the Australian Dried Fruits Board continues in existence for the purpose of giving the Minister the report required under section 9 of the Commonwealth Authorities and Companies Act 1997 in relation to the period starting on the last 1 July before the transfer day and ending on the transfer day; and\n    (b) for that purpose, the membership of the Board immediately before the transfer day is taken to be the same on and after the transfer day.\n  (2) For the purposes of the application of section 9 of the Commonwealth Authorities and Companies Act 1997 to the report referred to in subsection (1):\n    (a) the period starting on the last 1 July before the transfer day and ending on the transfer day is taken to be a financial year; and\n    (b) the Australian Horticultural Corporation Act 1987 continues to have effect as if it had not been repealed; and\n    (c) the reference in paragraph 101A(b) of that Act to 31 August after the end of the financial year is taken to be a reference to the day occurring 8 weeks after the transfer day; and\n    (d) the reference in subsection 30A(1) of that Act to 15 October after the end of each financial year is taken to be a reference to the day occurring 14 weeks after the transfer day.\n\n#### 51 Final annual report: Horticultural Research and Development Corporation\n\n  (1) In spite of the repeal of the Horticultural Research and Development Corporation Act 1987:\n    (a) the Horticultural Research and Development Corporation continues in existence for the purpose of giving the Minister the report required under section 9 of the Commonwealth Authorities and Companies Act 1997 in relation to the period starting on the last 1 July before the transfer day and ending on the transfer day; and\n    (b) for that purpose, the membership of the Corporation immediately before the transfer day is taken to be the same on and after the transfer day.\n  (2) For the purposes of the application of section 9 of the Commonwealth Authorities and Companies Act 1997 to the report referred to in subsection (1):\n    (a) the period starting on the last 1 July before the transfer day and ending on the transfer day is taken to be a financial year; and\n    (b) the Australian Horticultural Research and Development Corporation Act 1987 continues to have effect as if it had not been repealed.\n\n### Division 7—Miscellaneous\n\n#### 52 Delegation of Secretary’s powers\n\n  The Secretary may delegate all or any of the Secretary’s powers under this Act, the regulations or orders to an APS employee in the Department who has appropriate skills or experience. The delegation must be in writing.\n\n> Note: For the meaning of APS employee, see section 4.\n\n#### 53 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 and just terms have the same respective meanings as in paragraph 51(xxxi) of the Constitution.\n\n#### 54 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 dealing with other transitional matters arising out of the repeal of the Australian Horticultural Corporation Act 1987 and the Horticultural Research and Development Corporation Act 1987 and the enactment of this Act and the Horticulture Marketing and Research and Development Services Act 2000.","sortOrder":22},{"sectionNumber":"Subdivision A","sectionType":"subdivision","heading":"Preliminary","content":"An Act to deal with matters consequential on the enactment of the Horticulture Marketing and Research and Development Services Act 2000, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Horticulture Marketing and Research and Development Services (Repeals and Consequential Provisions) Act 2000.\n\n#### 2 Commencement\n\n  (1) Subject to this section, this Act commences at the same time as Part 2 of the Horticulture Marketing and Research and Development Services Act 2000.\n  (2) Schedules 1 (repeals) and 2 (consequential amendments) commence on the transfer day, immediately after the transfer of assets, liabilities and staff under Part 2.\n\n> Note: See sections 12 and 13 for the transfer day, and the time at which the transfer occurs.\n\n  (3) Schedule 3 (references to Administrative Appeals Tribunal) commences at the later of:\n    (a) the time when Parts 4 to 10 of the Act that establishes the Administrative Review Tribunal commence; and\n    (b) the time immediately after the Horticulture Marketing and Research and Development Services Act 2000 receives the Royal Assent.\n\n> Note: The short title of the Act that establishes the Administrative Review Tribunal is either the Administrative Review Tribunal Act 2000 or the Administrative Review Tribunal Act 2001.\n\n  (4) Schedule 4 (operation of the Privacy Act) commences at the later of:\n    (a) the time when Schedule 1 to the Privacy Amendment (Private Sector) Act 2000 commences; and\n    (b) the time immediately after the Horticulture Marketing and Research and Development Services Act 2000 receives the Royal Assent.\n\n#### 3 Simplified outline\n\n  The following is a simplified outline of this Act:\n\nThis Act deals with the transition from the Australian Horticultural Corporation, Horticultural Research and Development Corporation and the Australian Dried Fruits Board to new bodies. The new bodies are those declared under the Horticulture Marketing and Research and Development Services Act 2000.\n\nThe Minister must determine a transfer day (see section 12).\n\nOn the transfer day assets, liabilities and staff of the Corporations and the Board are transferred to the new industry services body (see Divisions 2, 3 and 4 of Part 2).\n\nThe system of export controls in place under the Australian Horticultural Corporation Act 1987 is kept in place for a maximum period of 2 years after the transfer day. Export controls on particular products can be phased out during the 2 year period, as controls on those products are brought in under the Horticulture Marketing and Research and Development Services Act 2000 (see Division 5 of Part 2 of this Act).\n\nThe Australian Horticultural Corporation Act 1987 and the Horticultural Research and Development Corporation Act 1987 are repealed once the assets, liabilities and staff of the bodies established by those Acts have been transferred to the new industry services body.\n\n#### 4 Definitions\n\n  (1) In this Act, unless the contrary intention appears:\n\n> ADF Trust Amount has the meaning given by section 17.\n\n> APS employee has the same meaning as in the Public Service Act 1999.\n\n> assets means any legal or equitable estate or interest of the authority in real or personal property (whether actual, contingent or prospective) and includes all rights, powers, privileges and immunities (whether actual, contingent or prospective).\n\n> assets official means a person or authority who, under a law, has responsibility for keeping a register in relation to assets of the kind concerned.\n\n> combined service period, in relation to an employee, means the total of:\n\n    (a) the period that is, immediately before the transfer day, 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 the industry services body.\n\n> DFRDB Act means the Defence Force Retirement and Death Benefits Act 1973.\n\n> Dried Fruits Trust has the meaning given by section 17.\n\n> employee, in relation to a statutory authority, means a person who was, immediately before the transfer day, an officer or an employee of the authority, and includes the Chief Executive Officer, Managing Director or General Manager of the authority.\n\n> industry export control body means the body for the time being declared to be the industry export control body under the Horticulture Marketing and Research and Development Services Act 2000.\n\n> industry services body means the body that was the industry services body under the Horticulture Marketing and Research and Development Services Act 2000 on 31 December 2024.\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> liabilities means all liabilities, duties and obligations, 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 transfer day.\n\n> Maternity Leave Act means the Maternity Leave (Commonwealth Employees) Act 1973, as in force immediately before the transfer day.\n\n> post‑commencement long service leave rights, in relation to an employee, means any long service leave rights the employee acquires on or after the transfer day under an award, determination, industrial agreement or law (other than this Act).\n\n> previous employer, in relation to a transferred employee, means the statutory authority that employed the employee immediately before the transfer day.\n\n> SRC Act means the Safety, Rehabilitation and Compensation Act 1988, as in force immediately before the transfer day.\n\n> statutory authority means:\n\n    (a) the Australian Horticultural Corporation; or\n    (b) the Horticultural Research and Development Corporation; or\n    (c) the Australian Dried Fruits Board.\n\n> transfer day means the day specified by the Minister as the transfer day in a determination under section 12.\n\n> transferred employee means a person whose employment is transferred under section 24.\n\n> transitional period means the period of 24 months beginning on the transfer day.\n\n  (2) Expressions used in this Act that are defined in the Horticulture Marketing and Research and Development Services Act 2000 have the same meanings as they have in that Act.\n  (3) Expressions used in Subdivision F of Division 4 of Part 2 that are defined in the Long Service Leave Act have the same meanings as they have in that Act.\n\n#### 5 Crown to be bound\n\n  This Act binds the Crown in each of its capacities.\n\n#### 6 Extra‑territorial operation\n\n  This Act applies both within and outside Australia.\n\n## Part 2—Transitional provisions\n\n### Division 2—Transfer day\n\n#### 11 Simplified outline\n\n  The following is a simplified outline of this Division:\n\nThis Division provides for the Minister to determine the transfer day.\n\n#### 12 Minister must determine transfer day\n\n  (1) The Minister must determine, in writing, that a specified day is the transfer day for the purposes of this Act.\n  (2) The day:\n    (a) must not be a day before both of the following declarations have taken effect under section 9 of the Horticulture Marketing and Research and Development Services Act 2000:\n    (i) the first declaration of the industry services body;\n    (ii) the first declaration of the industry export control body; and\n    (b) must be a day within the period of 6 months after the commencement of this section.\n  (3) The determination has effect accordingly.\n  (4) A copy of the determination is to be published in the Gazette within 14 days after the determination is made.\n  (5) The determination can be varied or revoked by the Minister in the same manner in which it was made, but it cannot be varied or revoked on or after the day specified in the determination as the transfer day.\n  (6) The determination is not invalid merely because it has not been published as required under subsection (4).\n\n#### 13 Time of transfers\n\n  Any transfer occurring under this Part is taken to occur immediately after the end of the day before the transfer day.\n\n### Division 3—Transfer of assets and liabilities etc.\n\n#### 14 Simplified outline\n\n  The following is a simplified outline of this Division:\n\nOn the transfer day, the assets and liabilities of the 3 statutory authorities vest in the new industry services body.\n\nSpecial provision is made for the transfer of certain money of the Australian Dried Fruits Board (see section 17).\n\nTransfers are not subject to taxation (see section 19).\n\nOther transitional matters (such as the transfer of records, outstanding money and legal proceedings) are also dealt with.\n\n#### 15 Transfers subject to conditions\n\n  The deed of agreement may contain conditions relating to an asset or liability, or a class of assets or liabilities, transferred to the industry services body under this Act.\n\n> Note: The Horticulture Marketing and Research and Development Services Act 2000 and the of deed of agreement provide for the consequences of a breach of the deed by the industry services body (see sections 10, 16 and 27 of that Act, and the provisions of the deed).\n\n#### 16 Transfer of assets and liabilities\n\n  (1) This section applies to:\n    (a) the assets of a statutory authority (other than the ADF Trust Amount); and\n    (b) the liabilities of a statutory authority (other than a liability referred to in section 28).\n\n> Note: The transfer of the ADF Trust Amount is dealt with in section 17.\n\n  (3) On the transfer day:\n    (a) the assets and liabilities cease to be assets and liabilities of the authority and become assets and liabilities of the industry services body without any conveyance, transfer or assignment; and\n    (b) the industry services body becomes the statutory authority’s successor in law in relation to the assets and liabilities immediately after they become assets and liabilities of the industry services body.\n\n> Note: See also sections 18 and 21.\n\n#### 17 ADF Trust Amount\n\n  (1) The Minister may determine, in writing, that:\n    (a) a particular amount of money of the Australian Dried Fruits Board is the ADF Trust Amount for the purposes of this section; and\n    (b) a particular trust is the Dried Fruits Trust for the purposes of this section.\n  (2) If the Minister has made a determination under subsection (1) before the transfer day, the ADF Trust Amount vests in the trustees on the transfer day and is held on trust by the trustees for the purposes of the Dried Fruits Trust.\n  (3) If the ADF Trust Amount is transferred under subsection (2), it vests in the trustees without any conveyance, transfer or assignment.\n  (4) A copy of the determination is to be published in the Gazette within 14 days after the determination is made.\n  (5) The determination is not invalid merely because it has not been published as required under subsection (4).\n\n#### 18 Transfer of pending proceedings\n\n  (1) This section applies if, as a result of a transfer under this Act, a person (the successor) becomes the successor in law of another person (the original person) at a particular time in relation to a particular asset, liability, right, benefit or obligation.\n  (2) If any proceedings to which the original person was a party:\n    (a) were pending in any court or tribunal immediately before that time; and\n    (b) related, in whole or in part, to the asset, liability, right, benefit or obligation, as the case may be;\n  the successor is, by force of this subsection, substituted for the original person as a party to the proceedings to the extent to which the proceedings relate to the asset, liability, right, benefit or obligation, as the case requires.\n\n#### 19 Exemption from taxation\n\n  Stamp duty or other tax is not payable under a law of a State or Territory in respect of:\n    (a) a transfer of an asset or liability of a statutory authority under this Act; or\n    (b) anything done (including a transaction entered into or an instrument or document made, executed, lodged or given) because of, or for a purpose connected with or arising out of, such a transfer.\n\n#### 19A Operation of GST Law\n\n  (1) For the purposes of the GST Law, a transfer to a person or body under section 16 or 17 of this Act is taken to be consideration provided by the Commonwealth to that person or body for:\n    (a) in the case of a transfer under section 16—entering into obligations under the deed of agreement by the industry services body; and\n    (b) in the case of a transfer under section 17—entering into obligations under the deed of trust establishing the Dried Fruits Trust by the trustees of that Trust.\n  (2) Expressions used in this section have the same meanings as they have in the A New Tax System (Goods and Services Tax) Act 1999.\n\n#### 20 References in certain instruments\n\n  (1) An instrument to which subsection (2) applies continues to have effect on and after the transfer day as if a reference in the instrument to the statutory authority were a reference to the industry services body.\n  (2) This subsection applies to an instrument if it is:\n    (a) in operation immediately before the transfer day; and\n    (b) is an instrument:\n    (i) to which a statutory authority is a party; or\n    (ii) which was given to, or in favour of, a statutory authority; or\n    (iii) in which a reference is made to a statutory authority; or\n    (iv) under which any right or liability accrues or may accrue to a statutory authority.\n\n#### 21 Certificates in relation to assets\n\n  (1) This section applies if:\n    (a) an asset (other than money) becomes an asset of the industry services body under this Division; and\n    (b) there is lodged with an assets official a certificate that:\n    (i) is signed by the Secretary; and\n    (ii) identifies the asset; and\n    (iii) states that the asset has become an asset of the body under this Division.\n\n> Note: For the meaning of assets official, see section 4.\n\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) A document that appears to be a certificate under subsection (1) is taken to be such a certificate, and to have been properly given, unless the contrary is established.\n\n### Division 4—Transfer of staff\n\n#### Subdivision A—Preliminary\n\n#### 23 Simplified outline\n\n  The following is a simplified outline of this Division:\n\nOn the transfer day, the staff of the 3 statutory authorities are transferred to the new industry services body on the same terms and conditions, and with the same accrued entitlements, that they had before the transfer (see section 25).\n\nThe terms and conditions on which the staff are transferred can be varied after the transfer (see section 26).\n\nOther provisions deal with the application of certain Commonwealth Acts (such as superannuation Acts and the Maternity Leave Act).\n\n#### 24 Transfer of staff\n\n  On the transfer day, each employee of a statutory authority ceases to be employed by the statutory authority and is taken to have been engaged as an employee of the industry services body immediately after that cessation.\n\n#### 25 Terms and conditions of transferred employees\n\n  (1) A transferred employee is taken:\n    (a) to have been engaged by the industry services body on the same terms and conditions as those that applied to the person, immediately before the transfer day, as an employee of the previous employer; and\n    (b) to have accrued an entitlement to benefits, in connection with that engagement by the industry services body, that is equivalent to the entitlement that the person had accrued, as an employee of the previous employer, immediately before the employee’s transfer time.\n\n> Note: For previous employer, see section 4.\n\n  (2) The service of a transferred employee as an employee of the industry services body is taken, for all purposes, to have been continuous with the service of the employee, immediately before the transfer day, as an employee of the previous employer.\n  (3) A transferred employee is not entitled to receive any payment or other benefit merely because he or she stopped being an employee of the previous employer as a result of this Division.\n  (4) 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#### 26 Variation of terms and conditions of employment\n\n  (1) This Division does not prevent the terms and conditions of a transferred employee’s employment after the transfer day 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> 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#### 27 Continued application of SRC Act\n\n  The SRC Act continues to apply on and after the transfer day in relation to:\n    (a) injuries suffered before that time by an employee of a statutory authority; and\n    (b) loss of, or damage to, property incurred before that time by an employee of a statutory authority.\n\n#### 28 Commonwealth liability to meet certain SRC Act liabilities\n\n  On and after the transfer day, the Commonwealth:\n    (a) is liable to pay the liabilities of the statutory authorities under section 128A of the SRC Act; and\n    (b) subject to section 29, is taken to have been the employer of the employees of the statutory authorities before the transfer day for the purposes of the application of the SRC Act in relation to those liabilities.\n\n#### 29 SRC Act: rehabilitation provisions\n\n  (1) If a transferred employee had, before the transfer day, suffered an injury resulting in an incapacity for work or an impairment, the employee’s employer 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 transferred employee.\n  (2) On and after the transfer day, the industry services body is, for the purposes of section 40 of the SRC Act, taken to be the relevant employer of each transferred employee employed by the industry services body.\n  (3) On and after the transfer day, the industry services body is, for the purposes of applying section 71 of the SRC Act in relation to each transferred employee, taken to be a Commonwealth authority.\n  (4) Expressions used in this section have the same meanings as they have in the SRC Act.\n\n#### 30 Premiums under the SRC Act\n\n  (1) The Safety, Rehabilitation and Compensation Commission must, as soon as practicable after the transfer day, determine the amount (if any) by which the confirmed estimate of premium for each statutory authority for the relevant financial year should be reduced.\n  (2) If:\n    (a) an amount equal to the confirmed estimate of premium for a statutory authority for the relevant financial year has been paid to the Commonwealth under section 96G of the SRC Act; and\n    (b) the amount of the confirmed estimate of premium is reduced as a result of a determination under subsection (1);\n  the Secretary 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 the industry services body in accordance with the direction.\n  (3) A direction by the Secretary 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 gives a direction, the amount or amounts to which it relates are payable out of the Consolidated Revenue Fund, which is appropriated accordingly, to the industry services body.\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 confirmed estimate of premium for a statutory authority for the relevant financial year and the amount of that confirmed estimate as reduced because of a determination under subsection (1).\n\n> relevant financial year means the financial year in which the transfer day occurs.\n\n  (9) Expressions used in this section have the same meanings as they have in the SRC Act.\n\n#### Subdivision C—Deferred Defence Force Retirement and Death Benefits Act benefits\n\n#### 31 Saving: deferred benefits under the DFRDB Act\n\n  (1) This section applies to a transferred employee of the industry services body if, immediately before the transfer day, the employee was a person to whom deferred benefits were applicable under section 78 of the DFRDB Act.\n  (2) For the purposes of Division 3 of Part IX of the DFRDB Act, the employee is taken to continue in public employment on and after the transfer day while the employee continues to be employed by the industry services body.\n  (3) This section is subject to Division 3 of Part IX of the DFRDB Act.\n\n#### Subdivision D—Maternity leave provisions\n\n#### 32 Maternity leave starting before transfer day\n\n  (1) This section applies in relation to a person if:\n    (a) immediately before the transfer day, the person was a female employee of a statutory authority who was on leave granted under the Maternity Leave Act; and\n    (b) the person becomes an employee of the industry services body on the transfer day; and\n    (c) the person would have been entitled to have remained on that leave on and after the transfer day if the person had continued to be an employee of the statutory authority.\n  (2) On and after the transfer day, the Maternity Leave Act continues to apply to the person in relation to the confinement in respect of which the leave was granted as if the industry services body were a prescribed authority for the purposes of that Act.\n\n#### 33 Maternity leave starting after transfer day\n\n  (1) This section applies in relation to a person if:\n    (a) immediately before the transfer day, the person was a female employee of a statutory authority; and\n    (b) the person becomes an employee of the industry services body on the transfer day; and\n    (c) within 9 months after the transfer day, the person would have been entitled to start leave granted under the Maternity Leave Act if the person had continued to be an employee of the statutory authority.\n  (2) On and after the transfer day, the Maternity Leave Act continues to apply to the person in relation to the confinement in respect of which she would have been entitled to leave as if the industry services body were a prescribed authority for the purposes of that Act.\n\n#### Subdivision E—Provisions relating to superannuation\n\n#### 34 Application of the Superannuation Act 1922\n\n  Section 145 of the Superannuation Act 1922 does not apply in relation to the industry services body.\n\n#### 35 Application of other Superannuation Acts\n\n  The industry services body is not an approved authority for the purposes of the Superannuation Act 1976 or the Superannuation Act 1990.\n\n#### 36 Application of the Superannuation Benefits (Supervisory Mechanisms) Act 1990\n\n  (1) The Minister must not declare the industry services body 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 F—Provisions relating to long service leave\n\n#### 37 Long service leave for employees with less than 10 years service\n\n  (1) This section applies in relation to a person:\n    (a) who became a transferred employee of the industry services body on the transfer day; and\n    (b) whose period of service for the purposes of the Long Service Leave Act immediately before the transfer day 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 the industry services body until his or her combined service period is at least 10 years, the industry services body may grant the employee long service leave on full salary for a period up to the employee’s long service leave credit under subsection 40(1).\n  (4) If:\n    (a) the employee stops being an employee of the industry services body 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 the industry services body is at least one year;\n  the industry services body may grant the employee long service leave on full salary for a period up to the employee’s long service leave credit under subsection 40(1).\n  (5) If a period of long service leave may be granted to an employee under subsection (3) or (4), the industry services body 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 37 of the Horticulture Marketing and Research and Development Services (Repeals and Consequential Provisions) Act 2000”.\n\n#### 38 Payments in lieu of long service leave for employees with less than 10 years service\n\n  (1) This section applies to a person:\n    (a) who became a transferred employee on the transfer day; and\n    (b) whose period of service for the purposes of the Long Service Leave Act immediately before the transfer day 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 the industry services body on or after the day on which his or her combined service period reaches 10 years, the industry services body must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 40(2).\n  (4) If:\n    (a) the employee stops being an employee of the industry services body, 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  the industry services body must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 40(2).\n  (5) If:\n    (a) the employee stops being an employee of the industry services body; and\n    (b) the industry services body is satisfied that the employee left the industry services body’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  the industry services body must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 40(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 38 of the Horticulture Marketing and Research and Development Services (Repeals and Consequential Provisions) Act 2000”.\n\n#### 39 Payments on the death of an employee\n\n  (1) This section applies to a person who was an employee of a statutory authority immediately before the transfer day if, at that time, the employee’s period of service for the purposes of the Long Service Leave Act was less than 10 years.\n  (2) If the person dies on or after the transfer day and immediately before his or her death:\n    (a) the person was an employee of the industry services body; and\n    (b) the person’s combined service period was at least one year; and\n    (c) the person had one or more dependants;\n  the industry services body 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 38 if, on the day of his or her death, the person had instead stopped being an employee of the industry services body 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 the industry services body; and\n    (b) a reference in that section to the approving authority were a reference to the industry services body; and\n    (c) for the expression “this Act” in that section there were substituted the expression “section 39 of the Horticulture Marketing and Research and Development Services (Repeals and Consequential Provisions) Act 2000”; and\n    (d) for the expression “subsection 16(7) or 17(5)” there were substituted the expression “section 39 of the Horticulture Marketing and Research and Development Services (Repeals and Consequential Provisions) Act 2000”.\n\n#### 40 Employee’s long service leave credit for the purposes of sections 37 and 38\n\n  (1) For the purposes of section 37, 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 on the transfer day;\n  if the employee had been retrenched on that day.\n  (2) For the purposes of section 38, 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 37.\n\n#### 41 Employees with at least 10 years service\n\n  (1) This section applies to an employee of a statutory authority whose period of service under the Long Service Leave Act was at least 10 years immediately before the transfer day.\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 if the employee becomes an employee of the industry services body on the transfer day. 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 on and after the transfer day in relation to the employee’s rights under that Act that accrued before the transfer day, as if the industry services body were an approving authority for the purposes of that Act.\n\n#### 42 Division not to affect post‑commencement long service leave rights\n\n  This Division does not affect an employee’s post‑commencement long service leave rights.\n\n> Note: For the meaning of post‑commencement long service leave rights, see section 4.\n\n#### Subdivision G—Staff with mobility rights\n\n#### 43 Cessation of mobility rights\n\n  If a transferred employee had rights under section 6 or 7 of the Public Employment (Consequential and Transitional) Amendment Act 1999 immediately before the transfer day, the employee ceases to have those rights, and ceases to be an APS employee, on the transfer day.\n\n> Note: For the meaning of APS employee, see section 4.\n\n### Division 5—Transitional period for export controls\n\n#### 44 Simplified outline\n\n  The following is a simplified outline of this Division:\n\nThe system of export controls in place under the Australian Horticultural Corporation Act 1987 is continued after the transfer day for a transitional period (a maximum of 2 years).\n\nDuring the transitional period most of the export control powers that the Australian Horticultural Corporation had can be exercised by the new industry export control body.\n\n#### 45 Continuation of export controls despite repeal of AHC Act\n\n  (1) In spite of the repeal of the Australian Horticultural Corporation Act 1987 (the Act):\n    (a) Part V of the Act continues in force after the repeal; and\n    (b) regulations, orders and other instruments made under the Act for the purposes of Part V that were in force immediately before the repeal continue in force.\n  (2) Any other provision of the Act that is necessary for the effective operation of Part V of the Act (as continued in force under subsection (1)) also continues in force in spite of the repeal but applies only to the extent that it relates to the operation of Part V.\n  (3) Without limiting subsection (2), sections 121 and 122 of the Act continue in force to the extent that regulations and orders relating to the operation of Part V (including regulations, or orders, amending or repealing earlier regulations or orders) may be made under them.\n  (4) Chapter 2 (other than Part 2.5) of the Criminal Code applies to all offences against Part V of the Act.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n  (5) The offences in subsections 118(1) and (2) of the Act are offences of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (6) For the purposes of subsection 118(2) of the Act, the defendant bears an evidential burden in relation to the matter of whether the defendant has a reasonable excuse.\n\n> Note: For evidential burdens, see subsection 13.3(3) of the Criminal Code.\n\n#### 46 References to AHC and Product Board\n\n  (1) During the transitional period, references to powers, duties or functions of the Corporation or of a Board in Part V of the Act or in an instrument in force under Part V are taken to be references to powers, duties or functions of the industry export control body.\n\n> Note: For transitional period and industry export control body, see section 4.\n\n  (2) However, in spite of subsection (1), the industry export control body does not, during the transitional period, have the power:\n    (a) to prohibit the export of a product to a specified place unless the export of the product to that place was prohibited immediately before the transfer day; or\n    (b) to revoke or vary a prohibition of export to a specified place.\n\n> Note: The power to prohibit the export of a horticultural product to a specified place is given to the Corporation by regulation 5 of the Australian Horticultural Corporation (Export Control) Regulations 1990.\n\n#### 47 Phasing out of export controls under Part V of AHC Act\n\n  (1) If:\n    (a) the export of a horticultural product to a place is prohibited under the Australian Horticultural Corporation (Export Control) Regulations 1990 or the Australian Horticultural Corporation (Dried Fruits Export Control) Regulations 1991; and\n    (b) during the transitional period, the product and the place are the subject of an order (the new order) under section 19 of the Horticulture Marketing and Research and Development Services Act 2000;\n  Part V (and any instrument made under, or for the purposes of, Part V) ceases, at the time of the new order, to have effect in relation to the export of that product to that place.\n  (2) If, at the end of the transitional period, Part V of the Act still has effect in relation to any horticultural product, it (and any instrument made under, or for the purposes of, Part V) ceases to have effect immediately after the end of the transitional period.\n\n### Division 6—Final annual reports\n\n#### 48 Simplified outline\n\n  The following is a simplified outline of this Division:\n\nEach of the 3 statutory authorities must produce a final annual report covering the authority’s operations and financial status up to the transfer day.\n\n#### 49 Final annual report: Australian Horticultural Corporation\n\n  (1) In spite of the repeal of the Australian Horticultural Corporation Act 1987:\n    (a) the Australian Horticultural Corporation continues in existence for the purpose of giving the Minister the report required under section 9 of the Commonwealth Authorities and Companies Act 1997 in relation to the period starting on the last 1 July before the transfer day and ending on the transfer day; and\n    (b) for that purpose, the membership of the Corporation immediately before the transfer day is taken to be the same on and after the transfer day.\n  (2) For the purposes of the application of section 9 of the Commonwealth Authorities and Companies Act 1997 to the report referred to in subsection (1):\n    (a) the period starting on the last 1 July before the transfer day and ending on the transfer day is taken to be a financial year; and\n    (b) the Australian Horticultural Corporation Act 1987 continues to have effect as if it had not been repealed.\n\n#### 50 Final annual report: Australian Dried Fruits Board\n\n  (1) In spite of the repeal of the Australian Horticultural Corporation Act 1987:\n    (a) the Australian Dried Fruits Board continues in existence for the purpose of giving the Minister the report required under section 9 of the Commonwealth Authorities and Companies Act 1997 in relation to the period starting on the last 1 July before the transfer day and ending on the transfer day; and\n    (b) for that purpose, the membership of the Board immediately before the transfer day is taken to be the same on and after the transfer day.\n  (2) For the purposes of the application of section 9 of the Commonwealth Authorities and Companies Act 1997 to the report referred to in subsection (1):\n    (a) the period starting on the last 1 July before the transfer day and ending on the transfer day is taken to be a financial year; and\n    (b) the Australian Horticultural Corporation Act 1987 continues to have effect as if it had not been repealed; and\n    (c) the reference in paragraph 101A(b) of that Act to 31 August after the end of the financial year is taken to be a reference to the day occurring 8 weeks after the transfer day; and\n    (d) the reference in subsection 30A(1) of that Act to 15 October after the end of each financial year is taken to be a reference to the day occurring 14 weeks after the transfer day.\n\n#### 51 Final annual report: Horticultural Research and Development Corporation\n\n  (1) In spite of the repeal of the Horticultural Research and Development Corporation Act 1987:\n    (a) the Horticultural Research and Development Corporation continues in existence for the purpose of giving the Minister the report required under section 9 of the Commonwealth Authorities and Companies Act 1997 in relation to the period starting on the last 1 July before the transfer day and ending on the transfer day; and\n    (b) for that purpose, the membership of the Corporation immediately before the transfer day is taken to be the same on and after the transfer day.\n  (2) For the purposes of the application of section 9 of the Commonwealth Authorities and Companies Act 1997 to the report referred to in subsection (1):\n    (a) the period starting on the last 1 July before the transfer day and ending on the transfer day is taken to be a financial year; and\n    (b) the Australian Horticultural Research and Development Corporation Act 1987 continues to have effect as if it had not been repealed.\n\n### Division 7—Miscellaneous\n\n#### 52 Delegation of Secretary’s powers\n\n  The Secretary may delegate all or any of the Secretary’s powers under this Act, the regulations or orders to an APS employee in the Department who has appropriate skills or experience. The delegation must be in writing.\n\n> Note: For the meaning of APS employee, see section 4.\n\n#### 53 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 and just terms have the same respective meanings as in paragraph 51(xxxi) of the Constitution.\n\n#### 54 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 dealing with other transitional matters arising out of the repeal of the Australian Horticultural Corporation Act 1987 and the Horticultural Research and Development Corporation Act 1987 and the enactment of this Act and the Horticulture Marketing and Research and Development Services Act 2000.","sortOrder":23},{"sectionNumber":"23","sectionType":"section","heading":"Simplified outline","content":"#### 23 Simplified outline\n\n  The following is a simplified outline of this Division:\n\nOn the transfer day, the staff of the 3 statutory authorities are transferred to the new industry services body on the same terms and conditions, and with the same accrued entitlements, that they had before the transfer (see section 25).\n\nThe terms and conditions on which the staff are transferred can be varied after the transfer (see section 26).\n\nOther provisions deal with the application of certain Commonwealth Acts (such as superannuation Acts and the Maternity Leave Act).","sortOrder":24},{"sectionNumber":"24","sectionType":"section","heading":"Transfer of staff","content":"#### 24 Transfer of staff\n\n  On the transfer day, each employee of a statutory authority ceases to be employed by the statutory authority and is taken to have been engaged as an employee of the industry services body immediately after that cessation.","sortOrder":25},{"sectionNumber":"25","sectionType":"section","heading":"Terms and conditions of transferred employees","content":"#### 25 Terms and conditions of transferred employees\n\n  (1) A transferred employee is taken:\n    (a) to have been engaged by the industry services body on the same terms and conditions as those that applied to the person, immediately before the transfer day, as an employee of the previous employer; and\n    (b) to have accrued an entitlement to benefits, in connection with that engagement by the industry services body, that is equivalent to the entitlement that the person had accrued, as an employee of the previous employer, immediately before the employee’s transfer time.\n\n> Note: For previous employer, see section 4.\n\n  (2) The service of a transferred employee as an employee of the industry services body is taken, for all purposes, to have been continuous with the service of the employee, immediately before the transfer day, as an employee of the previous employer.\n  (3) A transferred employee is not entitled to receive any payment or other benefit merely because he or she stopped being an employee of the previous employer as a result of this Division.\n  (4) 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":26},{"sectionNumber":"26","sectionType":"section","heading":"Variation of terms and conditions of employment","content":"#### 26 Variation of terms and conditions of employment\n\n  (1) This Division does not prevent the terms and conditions of a transferred employee’s employment after the transfer day 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> 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":27},{"sectionNumber":"Subdivision B","sectionType":"subdivision","heading":"Application of the Safety, Rehabilitation and Compensation Act","content":"An Act to deal with matters consequential on the enactment of the Horticulture Marketing and Research and Development Services Act 2000, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Horticulture Marketing and Research and Development Services (Repeals and Consequential Provisions) Act 2000.\n\n#### 2 Commencement\n\n  (1) Subject to this section, this Act commences at the same time as Part 2 of the Horticulture Marketing and Research and Development Services Act 2000.\n  (2) Schedules 1 (repeals) and 2 (consequential amendments) commence on the transfer day, immediately after the transfer of assets, liabilities and staff under Part 2.\n\n> Note: See sections 12 and 13 for the transfer day, and the time at which the transfer occurs.\n\n  (3) Schedule 3 (references to Administrative Appeals Tribunal) commences at the later of:\n    (a) the time when Parts 4 to 10 of the Act that establishes the Administrative Review Tribunal commence; and\n    (b) the time immediately after the Horticulture Marketing and Research and Development Services Act 2000 receives the Royal Assent.\n\n> Note: The short title of the Act that establishes the Administrative Review Tribunal is either the Administrative Review Tribunal Act 2000 or the Administrative Review Tribunal Act 2001.\n\n  (4) Schedule 4 (operation of the Privacy Act) commences at the later of:\n    (a) the time when Schedule 1 to the Privacy Amendment (Private Sector) Act 2000 commences; and\n    (b) the time immediately after the Horticulture Marketing and Research and Development Services Act 2000 receives the Royal Assent.\n\n#### 3 Simplified outline\n\n  The following is a simplified outline of this Act:\n\nThis Act deals with the transition from the Australian Horticultural Corporation, Horticultural Research and Development Corporation and the Australian Dried Fruits Board to new bodies. The new bodies are those declared under the Horticulture Marketing and Research and Development Services Act 2000.\n\nThe Minister must determine a transfer day (see section 12).\n\nOn the transfer day assets, liabilities and staff of the Corporations and the Board are transferred to the new industry services body (see Divisions 2, 3 and 4 of Part 2).\n\nThe system of export controls in place under the Australian Horticultural Corporation Act 1987 is kept in place for a maximum period of 2 years after the transfer day. Export controls on particular products can be phased out during the 2 year period, as controls on those products are brought in under the Horticulture Marketing and Research and Development Services Act 2000 (see Division 5 of Part 2 of this Act).\n\nThe Australian Horticultural Corporation Act 1987 and the Horticultural Research and Development Corporation Act 1987 are repealed once the assets, liabilities and staff of the bodies established by those Acts have been transferred to the new industry services body.\n\n#### 4 Definitions\n\n  (1) In this Act, unless the contrary intention appears:\n\n> ADF Trust Amount has the meaning given by section 17.\n\n> APS employee has the same meaning as in the Public Service Act 1999.\n\n> assets means any legal or equitable estate or interest of the authority in real or personal property (whether actual, contingent or prospective) and includes all rights, powers, privileges and immunities (whether actual, contingent or prospective).\n\n> assets official means a person or authority who, under a law, has responsibility for keeping a register in relation to assets of the kind concerned.\n\n> combined service period, in relation to an employee, means the total of:\n\n    (a) the period that is, immediately before the transfer day, 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 the industry services body.\n\n> DFRDB Act means the Defence Force Retirement and Death Benefits Act 1973.\n\n> Dried Fruits Trust has the meaning given by section 17.\n\n> employee, in relation to a statutory authority, means a person who was, immediately before the transfer day, an officer or an employee of the authority, and includes the Chief Executive Officer, Managing Director or General Manager of the authority.\n\n> industry export control body means the body for the time being declared to be the industry export control body under the Horticulture Marketing and Research and Development Services Act 2000.\n\n> industry services body means the body that was the industry services body under the Horticulture Marketing and Research and Development Services Act 2000 on 31 December 2024.\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> liabilities means all liabilities, duties and obligations, 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 transfer day.\n\n> Maternity Leave Act means the Maternity Leave (Commonwealth Employees) Act 1973, as in force immediately before the transfer day.\n\n> post‑commencement long service leave rights, in relation to an employee, means any long service leave rights the employee acquires on or after the transfer day under an award, determination, industrial agreement or law (other than this Act).\n\n> previous employer, in relation to a transferred employee, means the statutory authority that employed the employee immediately before the transfer day.\n\n> SRC Act means the Safety, Rehabilitation and Compensation Act 1988, as in force immediately before the transfer day.\n\n> statutory authority means:\n\n    (a) the Australian Horticultural Corporation; or\n    (b) the Horticultural Research and Development Corporation; or\n    (c) the Australian Dried Fruits Board.\n\n> transfer day means the day specified by the Minister as the transfer day in a determination under section 12.\n\n> transferred employee means a person whose employment is transferred under section 24.\n\n> transitional period means the period of 24 months beginning on the transfer day.\n\n  (2) Expressions used in this Act that are defined in the Horticulture Marketing and Research and Development Services Act 2000 have the same meanings as they have in that Act.\n  (3) Expressions used in Subdivision F of Division 4 of Part 2 that are defined in the Long Service Leave Act have the same meanings as they have in that Act.\n\n#### 5 Crown to be bound\n\n  This Act binds the Crown in each of its capacities.\n\n#### 6 Extra‑territorial operation\n\n  This Act applies both within and outside Australia.\n\n## Part 2—Transitional provisions\n\n### Division 2—Transfer day\n\n#### 11 Simplified outline\n\n  The following is a simplified outline of this Division:\n\nThis Division provides for the Minister to determine the transfer day.\n\n#### 12 Minister must determine transfer day\n\n  (1) The Minister must determine, in writing, that a specified day is the transfer day for the purposes of this Act.\n  (2) The day:\n    (a) must not be a day before both of the following declarations have taken effect under section 9 of the Horticulture Marketing and Research and Development Services Act 2000:\n    (i) the first declaration of the industry services body;\n    (ii) the first declaration of the industry export control body; and\n    (b) must be a day within the period of 6 months after the commencement of this section.\n  (3) The determination has effect accordingly.\n  (4) A copy of the determination is to be published in the Gazette within 14 days after the determination is made.\n  (5) The determination can be varied or revoked by the Minister in the same manner in which it was made, but it cannot be varied or revoked on or after the day specified in the determination as the transfer day.\n  (6) The determination is not invalid merely because it has not been published as required under subsection (4).\n\n#### 13 Time of transfers\n\n  Any transfer occurring under this Part is taken to occur immediately after the end of the day before the transfer day.\n\n### Division 3—Transfer of assets and liabilities etc.\n\n#### 14 Simplified outline\n\n  The following is a simplified outline of this Division:\n\nOn the transfer day, the assets and liabilities of the 3 statutory authorities vest in the new industry services body.\n\nSpecial provision is made for the transfer of certain money of the Australian Dried Fruits Board (see section 17).\n\nTransfers are not subject to taxation (see section 19).\n\nOther transitional matters (such as the transfer of records, outstanding money and legal proceedings) are also dealt with.\n\n#### 15 Transfers subject to conditions\n\n  The deed of agreement may contain conditions relating to an asset or liability, or a class of assets or liabilities, transferred to the industry services body under this Act.\n\n> Note: The Horticulture Marketing and Research and Development Services Act 2000 and the of deed of agreement provide for the consequences of a breach of the deed by the industry services body (see sections 10, 16 and 27 of that Act, and the provisions of the deed).\n\n#### 16 Transfer of assets and liabilities\n\n  (1) This section applies to:\n    (a) the assets of a statutory authority (other than the ADF Trust Amount); and\n    (b) the liabilities of a statutory authority (other than a liability referred to in section 28).\n\n> Note: The transfer of the ADF Trust Amount is dealt with in section 17.\n\n  (3) On the transfer day:\n    (a) the assets and liabilities cease to be assets and liabilities of the authority and become assets and liabilities of the industry services body without any conveyance, transfer or assignment; and\n    (b) the industry services body becomes the statutory authority’s successor in law in relation to the assets and liabilities immediately after they become assets and liabilities of the industry services body.\n\n> Note: See also sections 18 and 21.\n\n#### 17 ADF Trust Amount\n\n  (1) The Minister may determine, in writing, that:\n    (a) a particular amount of money of the Australian Dried Fruits Board is the ADF Trust Amount for the purposes of this section; and\n    (b) a particular trust is the Dried Fruits Trust for the purposes of this section.\n  (2) If the Minister has made a determination under subsection (1) before the transfer day, the ADF Trust Amount vests in the trustees on the transfer day and is held on trust by the trustees for the purposes of the Dried Fruits Trust.\n  (3) If the ADF Trust Amount is transferred under subsection (2), it vests in the trustees without any conveyance, transfer or assignment.\n  (4) A copy of the determination is to be published in the Gazette within 14 days after the determination is made.\n  (5) The determination is not invalid merely because it has not been published as required under subsection (4).\n\n#### 18 Transfer of pending proceedings\n\n  (1) This section applies if, as a result of a transfer under this Act, a person (the successor) becomes the successor in law of another person (the original person) at a particular time in relation to a particular asset, liability, right, benefit or obligation.\n  (2) If any proceedings to which the original person was a party:\n    (a) were pending in any court or tribunal immediately before that time; and\n    (b) related, in whole or in part, to the asset, liability, right, benefit or obligation, as the case may be;\n  the successor is, by force of this subsection, substituted for the original person as a party to the proceedings to the extent to which the proceedings relate to the asset, liability, right, benefit or obligation, as the case requires.\n\n#### 19 Exemption from taxation\n\n  Stamp duty or other tax is not payable under a law of a State or Territory in respect of:\n    (a) a transfer of an asset or liability of a statutory authority under this Act; or\n    (b) anything done (including a transaction entered into or an instrument or document made, executed, lodged or given) because of, or for a purpose connected with or arising out of, such a transfer.\n\n#### 19A Operation of GST Law\n\n  (1) For the purposes of the GST Law, a transfer to a person or body under section 16 or 17 of this Act is taken to be consideration provided by the Commonwealth to that person or body for:\n    (a) in the case of a transfer under section 16—entering into obligations under the deed of agreement by the industry services body; and\n    (b) in the case of a transfer under section 17—entering into obligations under the deed of trust establishing the Dried Fruits Trust by the trustees of that Trust.\n  (2) Expressions used in this section have the same meanings as they have in the A New Tax System (Goods and Services Tax) Act 1999.\n\n#### 20 References in certain instruments\n\n  (1) An instrument to which subsection (2) applies continues to have effect on and after the transfer day as if a reference in the instrument to the statutory authority were a reference to the industry services body.\n  (2) This subsection applies to an instrument if it is:\n    (a) in operation immediately before the transfer day; and\n    (b) is an instrument:\n    (i) to which a statutory authority is a party; or\n    (ii) which was given to, or in favour of, a statutory authority; or\n    (iii) in which a reference is made to a statutory authority; or\n    (iv) under which any right or liability accrues or may accrue to a statutory authority.\n\n#### 21 Certificates in relation to assets\n\n  (1) This section applies if:\n    (a) an asset (other than money) becomes an asset of the industry services body under this Division; and\n    (b) there is lodged with an assets official a certificate that:\n    (i) is signed by the Secretary; and\n    (ii) identifies the asset; and\n    (iii) states that the asset has become an asset of the body under this Division.\n\n> Note: For the meaning of assets official, see section 4.\n\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) A document that appears to be a certificate under subsection (1) is taken to be such a certificate, and to have been properly given, unless the contrary is established.\n\n### Division 4—Transfer of staff\n\n#### Subdivision A—Preliminary\n\n#### 23 Simplified outline\n\n  The following is a simplified outline of this Division:\n\nOn the transfer day, the staff of the 3 statutory authorities are transferred to the new industry services body on the same terms and conditions, and with the same accrued entitlements, that they had before the transfer (see section 25).\n\nThe terms and conditions on which the staff are transferred can be varied after the transfer (see section 26).\n\nOther provisions deal with the application of certain Commonwealth Acts (such as superannuation Acts and the Maternity Leave Act).\n\n#### 24 Transfer of staff\n\n  On the transfer day, each employee of a statutory authority ceases to be employed by the statutory authority and is taken to have been engaged as an employee of the industry services body immediately after that cessation.\n\n#### 25 Terms and conditions of transferred employees\n\n  (1) A transferred employee is taken:\n    (a) to have been engaged by the industry services body on the same terms and conditions as those that applied to the person, immediately before the transfer day, as an employee of the previous employer; and\n    (b) to have accrued an entitlement to benefits, in connection with that engagement by the industry services body, that is equivalent to the entitlement that the person had accrued, as an employee of the previous employer, immediately before the employee’s transfer time.\n\n> Note: For previous employer, see section 4.\n\n  (2) The service of a transferred employee as an employee of the industry services body is taken, for all purposes, to have been continuous with the service of the employee, immediately before the transfer day, as an employee of the previous employer.\n  (3) A transferred employee is not entitled to receive any payment or other benefit merely because he or she stopped being an employee of the previous employer as a result of this Division.\n  (4) 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#### 26 Variation of terms and conditions of employment\n\n  (1) This Division does not prevent the terms and conditions of a transferred employee’s employment after the transfer day 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> 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#### 27 Continued application of SRC Act\n\n  The SRC Act continues to apply on and after the transfer day in relation to:\n    (a) injuries suffered before that time by an employee of a statutory authority; and\n    (b) loss of, or damage to, property incurred before that time by an employee of a statutory authority.\n\n#### 28 Commonwealth liability to meet certain SRC Act liabilities\n\n  On and after the transfer day, the Commonwealth:\n    (a) is liable to pay the liabilities of the statutory authorities under section 128A of the SRC Act; and\n    (b) subject to section 29, is taken to have been the employer of the employees of the statutory authorities before the transfer day for the purposes of the application of the SRC Act in relation to those liabilities.\n\n#### 29 SRC Act: rehabilitation provisions\n\n  (1) If a transferred employee had, before the transfer day, suffered an injury resulting in an incapacity for work or an impairment, the employee’s employer 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 transferred employee.\n  (2) On and after the transfer day, the industry services body is, for the purposes of section 40 of the SRC Act, taken to be the relevant employer of each transferred employee employed by the industry services body.\n  (3) On and after the transfer day, the industry services body is, for the purposes of applying section 71 of the SRC Act in relation to each transferred employee, taken to be a Commonwealth authority.\n  (4) Expressions used in this section have the same meanings as they have in the SRC Act.\n\n#### 30 Premiums under the SRC Act\n\n  (1) The Safety, Rehabilitation and Compensation Commission must, as soon as practicable after the transfer day, determine the amount (if any) by which the confirmed estimate of premium for each statutory authority for the relevant financial year should be reduced.\n  (2) If:\n    (a) an amount equal to the confirmed estimate of premium for a statutory authority for the relevant financial year has been paid to the Commonwealth under section 96G of the SRC Act; and\n    (b) the amount of the confirmed estimate of premium is reduced as a result of a determination under subsection (1);\n  the Secretary 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 the industry services body in accordance with the direction.\n  (3) A direction by the Secretary 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 gives a direction, the amount or amounts to which it relates are payable out of the Consolidated Revenue Fund, which is appropriated accordingly, to the industry services body.\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 confirmed estimate of premium for a statutory authority for the relevant financial year and the amount of that confirmed estimate as reduced because of a determination under subsection (1).\n\n> relevant financial year means the financial year in which the transfer day occurs.\n\n  (9) Expressions used in this section have the same meanings as they have in the SRC Act.\n\n#### Subdivision C—Deferred Defence Force Retirement and Death Benefits Act benefits\n\n#### 31 Saving: deferred benefits under the DFRDB Act\n\n  (1) This section applies to a transferred employee of the industry services body if, immediately before the transfer day, the employee was a person to whom deferred benefits were applicable under section 78 of the DFRDB Act.\n  (2) For the purposes of Division 3 of Part IX of the DFRDB Act, the employee is taken to continue in public employment on and after the transfer day while the employee continues to be employed by the industry services body.\n  (3) This section is subject to Division 3 of Part IX of the DFRDB Act.\n\n#### Subdivision D—Maternity leave provisions\n\n#### 32 Maternity leave starting before transfer day\n\n  (1) This section applies in relation to a person if:\n    (a) immediately before the transfer day, the person was a female employee of a statutory authority who was on leave granted under the Maternity Leave Act; and\n    (b) the person becomes an employee of the industry services body on the transfer day; and\n    (c) the person would have been entitled to have remained on that leave on and after the transfer day if the person had continued to be an employee of the statutory authority.\n  (2) On and after the transfer day, the Maternity Leave Act continues to apply to the person in relation to the confinement in respect of which the leave was granted as if the industry services body were a prescribed authority for the purposes of that Act.\n\n#### 33 Maternity leave starting after transfer day\n\n  (1) This section applies in relation to a person if:\n    (a) immediately before the transfer day, the person was a female employee of a statutory authority; and\n    (b) the person becomes an employee of the industry services body on the transfer day; and\n    (c) within 9 months after the transfer day, the person would have been entitled to start leave granted under the Maternity Leave Act if the person had continued to be an employee of the statutory authority.\n  (2) On and after the transfer day, the Maternity Leave Act continues to apply to the person in relation to the confinement in respect of which she would have been entitled to leave as if the industry services body were a prescribed authority for the purposes of that Act.\n\n#### Subdivision E—Provisions relating to superannuation\n\n#### 34 Application of the Superannuation Act 1922\n\n  Section 145 of the Superannuation Act 1922 does not apply in relation to the industry services body.\n\n#### 35 Application of other Superannuation Acts\n\n  The industry services body is not an approved authority for the purposes of the Superannuation Act 1976 or the Superannuation Act 1990.\n\n#### 36 Application of the Superannuation Benefits (Supervisory Mechanisms) Act 1990\n\n  (1) The Minister must not declare the industry services body 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 F—Provisions relating to long service leave\n\n#### 37 Long service leave for employees with less than 10 years service\n\n  (1) This section applies in relation to a person:\n    (a) who became a transferred employee of the industry services body on the transfer day; and\n    (b) whose period of service for the purposes of the Long Service Leave Act immediately before the transfer day 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 the industry services body until his or her combined service period is at least 10 years, the industry services body may grant the employee long service leave on full salary for a period up to the employee’s long service leave credit under subsection 40(1).\n  (4) If:\n    (a) the employee stops being an employee of the industry services body 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 the industry services body is at least one year;\n  the industry services body may grant the employee long service leave on full salary for a period up to the employee’s long service leave credit under subsection 40(1).\n  (5) If a period of long service leave may be granted to an employee under subsection (3) or (4), the industry services body 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 37 of the Horticulture Marketing and Research and Development Services (Repeals and Consequential Provisions) Act 2000”.\n\n#### 38 Payments in lieu of long service leave for employees with less than 10 years service\n\n  (1) This section applies to a person:\n    (a) who became a transferred employee on the transfer day; and\n    (b) whose period of service for the purposes of the Long Service Leave Act immediately before the transfer day 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 the industry services body on or after the day on which his or her combined service period reaches 10 years, the industry services body must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 40(2).\n  (4) If:\n    (a) the employee stops being an employee of the industry services body, 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  the industry services body must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 40(2).\n  (5) If:\n    (a) the employee stops being an employee of the industry services body; and\n    (b) the industry services body is satisfied that the employee left the industry services body’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  the industry services body must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 40(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 38 of the Horticulture Marketing and Research and Development Services (Repeals and Consequential Provisions) Act 2000”.\n\n#### 39 Payments on the death of an employee\n\n  (1) This section applies to a person who was an employee of a statutory authority immediately before the transfer day if, at that time, the employee’s period of service for the purposes of the Long Service Leave Act was less than 10 years.\n  (2) If the person dies on or after the transfer day and immediately before his or her death:\n    (a) the person was an employee of the industry services body; and\n    (b) the person’s combined service period was at least one year; and\n    (c) the person had one or more dependants;\n  the industry services body 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 38 if, on the day of his or her death, the person had instead stopped being an employee of the industry services body 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 the industry services body; and\n    (b) a reference in that section to the approving authority were a reference to the industry services body; and\n    (c) for the expression “this Act” in that section there were substituted the expression “section 39 of the Horticulture Marketing and Research and Development Services (Repeals and Consequential Provisions) Act 2000”; and\n    (d) for the expression “subsection 16(7) or 17(5)” there were substituted the expression “section 39 of the Horticulture Marketing and Research and Development Services (Repeals and Consequential Provisions) Act 2000”.\n\n#### 40 Employee’s long service leave credit for the purposes of sections 37 and 38\n\n  (1) For the purposes of section 37, 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 on the transfer day;\n  if the employee had been retrenched on that day.\n  (2) For the purposes of section 38, 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 37.\n\n#### 41 Employees with at least 10 years service\n\n  (1) This section applies to an employee of a statutory authority whose period of service under the Long Service Leave Act was at least 10 years immediately before the transfer day.\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 if the employee becomes an employee of the industry services body on the transfer day. 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 on and after the transfer day in relation to the employee’s rights under that Act that accrued before the transfer day, as if the industry services body were an approving authority for the purposes of that Act.\n\n#### 42 Division not to affect post‑commencement long service leave rights\n\n  This Division does not affect an employee’s post‑commencement long service leave rights.\n\n> Note: For the meaning of post‑commencement long service leave rights, see section 4.\n\n#### Subdivision G—Staff with mobility rights\n\n#### 43 Cessation of mobility rights\n\n  If a transferred employee had rights under section 6 or 7 of the Public Employment (Consequential and Transitional) Amendment Act 1999 immediately before the transfer day, the employee ceases to have those rights, and ceases to be an APS employee, on the transfer day.\n\n> Note: For the meaning of APS employee, see section 4.\n\n### Division 5—Transitional period for export controls\n\n#### 44 Simplified outline\n\n  The following is a simplified outline of this Division:\n\nThe system of export controls in place under the Australian Horticultural Corporation Act 1987 is continued after the transfer day for a transitional period (a maximum of 2 years).\n\nDuring the transitional period most of the export control powers that the Australian Horticultural Corporation had can be exercised by the new industry export control body.\n\n#### 45 Continuation of export controls despite repeal of AHC Act\n\n  (1) In spite of the repeal of the Australian Horticultural Corporation Act 1987 (the Act):\n    (a) Part V of the Act continues in force after the repeal; and\n    (b) regulations, orders and other instruments made under the Act for the purposes of Part V that were in force immediately before the repeal continue in force.\n  (2) Any other provision of the Act that is necessary for the effective operation of Part V of the Act (as continued in force under subsection (1)) also continues in force in spite of the repeal but applies only to the extent that it relates to the operation of Part V.\n  (3) Without limiting subsection (2), sections 121 and 122 of the Act continue in force to the extent that regulations and orders relating to the operation of Part V (including regulations, or orders, amending or repealing earlier regulations or orders) may be made under them.\n  (4) Chapter 2 (other than Part 2.5) of the Criminal Code applies to all offences against Part V of the Act.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n  (5) The offences in subsections 118(1) and (2) of the Act are offences of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (6) For the purposes of subsection 118(2) of the Act, the defendant bears an evidential burden in relation to the matter of whether the defendant has a reasonable excuse.\n\n> Note: For evidential burdens, see subsection 13.3(3) of the Criminal Code.\n\n#### 46 References to AHC and Product Board\n\n  (1) During the transitional period, references to powers, duties or functions of the Corporation or of a Board in Part V of the Act or in an instrument in force under Part V are taken to be references to powers, duties or functions of the industry export control body.\n\n> Note: For transitional period and industry export control body, see section 4.\n\n  (2) However, in spite of subsection (1), the industry export control body does not, during the transitional period, have the power:\n    (a) to prohibit the export of a product to a specified place unless the export of the product to that place was prohibited immediately before the transfer day; or\n    (b) to revoke or vary a prohibition of export to a specified place.\n\n> Note: The power to prohibit the export of a horticultural product to a specified place is given to the Corporation by regulation 5 of the Australian Horticultural Corporation (Export Control) Regulations 1990.\n\n#### 47 Phasing out of export controls under Part V of AHC Act\n\n  (1) If:\n    (a) the export of a horticultural product to a place is prohibited under the Australian Horticultural Corporation (Export Control) Regulations 1990 or the Australian Horticultural Corporation (Dried Fruits Export Control) Regulations 1991; and\n    (b) during the transitional period, the product and the place are the subject of an order (the new order) under section 19 of the Horticulture Marketing and Research and Development Services Act 2000;\n  Part V (and any instrument made under, or for the purposes of, Part V) ceases, at the time of the new order, to have effect in relation to the export of that product to that place.\n  (2) If, at the end of the transitional period, Part V of the Act still has effect in relation to any horticultural product, it (and any instrument made under, or for the purposes of, Part V) ceases to have effect immediately after the end of the transitional period.\n\n### Division 6—Final annual reports\n\n#### 48 Simplified outline\n\n  The following is a simplified outline of this Division:\n\nEach of the 3 statutory authorities must produce a final annual report covering the authority’s operations and financial status up to the transfer day.\n\n#### 49 Final annual report: Australian Horticultural Corporation\n\n  (1) In spite of the repeal of the Australian Horticultural Corporation Act 1987:\n    (a) the Australian Horticultural Corporation continues in existence for the purpose of giving the Minister the report required under section 9 of the Commonwealth Authorities and Companies Act 1997 in relation to the period starting on the last 1 July before the transfer day and ending on the transfer day; and\n    (b) for that purpose, the membership of the Corporation immediately before the transfer day is taken to be the same on and after the transfer day.\n  (2) For the purposes of the application of section 9 of the Commonwealth Authorities and Companies Act 1997 to the report referred to in subsection (1):\n    (a) the period starting on the last 1 July before the transfer day and ending on the transfer day is taken to be a financial year; and\n    (b) the Australian Horticultural Corporation Act 1987 continues to have effect as if it had not been repealed.\n\n#### 50 Final annual report: Australian Dried Fruits Board\n\n  (1) In spite of the repeal of the Australian Horticultural Corporation Act 1987:\n    (a) the Australian Dried Fruits Board continues in existence for the purpose of giving the Minister the report required under section 9 of the Commonwealth Authorities and Companies Act 1997 in relation to the period starting on the last 1 July before the transfer day and ending on the transfer day; and\n    (b) for that purpose, the membership of the Board immediately before the transfer day is taken to be the same on and after the transfer day.\n  (2) For the purposes of the application of section 9 of the Commonwealth Authorities and Companies Act 1997 to the report referred to in subsection (1):\n    (a) the period starting on the last 1 July before the transfer day and ending on the transfer day is taken to be a financial year; and\n    (b) the Australian Horticultural Corporation Act 1987 continues to have effect as if it had not been repealed; and\n    (c) the reference in paragraph 101A(b) of that Act to 31 August after the end of the financial year is taken to be a reference to the day occurring 8 weeks after the transfer day; and\n    (d) the reference in subsection 30A(1) of that Act to 15 October after the end of each financial year is taken to be a reference to the day occurring 14 weeks after the transfer day.\n\n#### 51 Final annual report: Horticultural Research and Development Corporation\n\n  (1) In spite of the repeal of the Horticultural Research and Development Corporation Act 1987:\n    (a) the Horticultural Research and Development Corporation continues in existence for the purpose of giving the Minister the report required under section 9 of the Commonwealth Authorities and Companies Act 1997 in relation to the period starting on the last 1 July before the transfer day and ending on the transfer day; and\n    (b) for that purpose, the membership of the Corporation immediately before the transfer day is taken to be the same on and after the transfer day.\n  (2) For the purposes of the application of section 9 of the Commonwealth Authorities and Companies Act 1997 to the report referred to in subsection (1):\n    (a) the period starting on the last 1 July before the transfer day and ending on the transfer day is taken to be a financial year; and\n    (b) the Australian Horticultural Research and Development Corporation Act 1987 continues to have effect as if it had not been repealed.\n\n### Division 7—Miscellaneous\n\n#### 52 Delegation of Secretary’s powers\n\n  The Secretary may delegate all or any of the Secretary’s powers under this Act, the regulations or orders to an APS employee in the Department who has appropriate skills or experience. The delegation must be in writing.\n\n> Note: For the meaning of APS employee, see section 4.\n\n#### 53 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 and just terms have the same respective meanings as in paragraph 51(xxxi) of the Constitution.\n\n#### 54 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 dealing with other transitional matters arising out of the repeal of the Australian Horticultural Corporation Act 1987 and the Horticultural Research and Development Corporation Act 1987 and the enactment of this Act and the Horticulture Marketing and Research and Development Services Act 2000.","sortOrder":28},{"sectionNumber":"27","sectionType":"section","heading":"Continued application of SRC Act","content":"#### 27 Continued application of SRC Act\n\n  The SRC Act continues to apply on and after the transfer day in relation to:\n    (a) injuries suffered before that time by an employee of a statutory authority; and\n    (b) loss of, or damage to, property incurred before that time by an employee of a statutory authority.","sortOrder":29},{"sectionNumber":"28","sectionType":"section","heading":"Commonwealth liability to meet certain SRC Act liabilities","content":"#### 28 Commonwealth liability to meet certain SRC Act liabilities\n\n  On and after the transfer day, the Commonwealth:\n    (a) is liable to pay the liabilities of the statutory authorities under section 128A of the SRC Act; and\n    (b) subject to section 29, is taken to have been the employer of the employees of the statutory authorities before the transfer day for the purposes of the application of the SRC Act in relation to those liabilities.","sortOrder":30},{"sectionNumber":"29","sectionType":"section","heading":"SRC Act: rehabilitation provisions","content":"#### 29 SRC Act: rehabilitation provisions\n\n  (1) If a transferred employee had, before the transfer day, suffered an injury resulting in an incapacity for work or an impairment, the employee’s employer 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 transferred employee.\n  (2) On and after the transfer day, the industry services body is, for the purposes of section 40 of the SRC Act, taken to be the relevant employer of each transferred employee employed by the industry services body.\n  (3) On and after the transfer day, the industry services body is, for the purposes of applying section 71 of the SRC Act in relation to each transferred employee, taken to be a Commonwealth authority.\n  (4) Expressions used in this section have the same meanings as they have in the SRC Act.","sortOrder":31},{"sectionNumber":"30","sectionType":"section","heading":"Premiums under the SRC Act","content":"#### 30 Premiums under the SRC Act\n\n  (1) The Safety, Rehabilitation and Compensation Commission must, as soon as practicable after the transfer day, determine the amount (if any) by which the confirmed estimate of premium for each statutory authority for the relevant financial year should be reduced.\n  (2) If:\n    (a) an amount equal to the confirmed estimate of premium for a statutory authority for the relevant financial year has been paid to the Commonwealth under section 96G of the SRC Act; and\n    (b) the amount of the confirmed estimate of premium is reduced as a result of a determination under subsection (1);\n  the Secretary 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 the industry services body in accordance with the direction.\n  (3) A direction by the Secretary 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 gives a direction, the amount or amounts to which it relates are payable out of the Consolidated Revenue Fund, which is appropriated accordingly, to the industry services body.\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 confirmed estimate of premium for a statutory authority for the relevant financial year and the amount of that confirmed estimate as reduced because of a determination under subsection (1).\n\n> relevant financial year means the financial year in which the transfer day occurs.\n\n  (9) Expressions used in this section have the same meanings as they have in the SRC Act.","sortOrder":32},{"sectionNumber":"Subdivision C","sectionType":"subdivision","heading":"Deferred Defence Force Retirement and Death Benefits Act benefits","content":"An Act to deal with matters consequential on the enactment of the Horticulture Marketing and Research and Development Services Act 2000, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Horticulture Marketing and Research and Development Services (Repeals and Consequential Provisions) Act 2000.\n\n#### 2 Commencement\n\n  (1) Subject to this section, this Act commences at the same time as Part 2 of the Horticulture Marketing and Research and Development Services Act 2000.\n  (2) Schedules 1 (repeals) and 2 (consequential amendments) commence on the transfer day, immediately after the transfer of assets, liabilities and staff under Part 2.\n\n> Note: See sections 12 and 13 for the transfer day, and the time at which the transfer occurs.\n\n  (3) Schedule 3 (references to Administrative Appeals Tribunal) commences at the later of:\n    (a) the time when Parts 4 to 10 of the Act that establishes the Administrative Review Tribunal commence; and\n    (b) the time immediately after the Horticulture Marketing and Research and Development Services Act 2000 receives the Royal Assent.\n\n> Note: The short title of the Act that establishes the Administrative Review Tribunal is either the Administrative Review Tribunal Act 2000 or the Administrative Review Tribunal Act 2001.\n\n  (4) Schedule 4 (operation of the Privacy Act) commences at the later of:\n    (a) the time when Schedule 1 to the Privacy Amendment (Private Sector) Act 2000 commences; and\n    (b) the time immediately after the Horticulture Marketing and Research and Development Services Act 2000 receives the Royal Assent.\n\n#### 3 Simplified outline\n\n  The following is a simplified outline of this Act:\n\nThis Act deals with the transition from the Australian Horticultural Corporation, Horticultural Research and Development Corporation and the Australian Dried Fruits Board to new bodies. The new bodies are those declared under the Horticulture Marketing and Research and Development Services Act 2000.\n\nThe Minister must determine a transfer day (see section 12).\n\nOn the transfer day assets, liabilities and staff of the Corporations and the Board are transferred to the new industry services body (see Divisions 2, 3 and 4 of Part 2).\n\nThe system of export controls in place under the Australian Horticultural Corporation Act 1987 is kept in place for a maximum period of 2 years after the transfer day. Export controls on particular products can be phased out during the 2 year period, as controls on those products are brought in under the Horticulture Marketing and Research and Development Services Act 2000 (see Division 5 of Part 2 of this Act).\n\nThe Australian Horticultural Corporation Act 1987 and the Horticultural Research and Development Corporation Act 1987 are repealed once the assets, liabilities and staff of the bodies established by those Acts have been transferred to the new industry services body.\n\n#### 4 Definitions\n\n  (1) In this Act, unless the contrary intention appears:\n\n> ADF Trust Amount has the meaning given by section 17.\n\n> APS employee has the same meaning as in the Public Service Act 1999.\n\n> assets means any legal or equitable estate or interest of the authority in real or personal property (whether actual, contingent or prospective) and includes all rights, powers, privileges and immunities (whether actual, contingent or prospective).\n\n> assets official means a person or authority who, under a law, has responsibility for keeping a register in relation to assets of the kind concerned.\n\n> combined service period, in relation to an employee, means the total of:\n\n    (a) the period that is, immediately before the transfer day, 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 the industry services body.\n\n> DFRDB Act means the Defence Force Retirement and Death Benefits Act 1973.\n\n> Dried Fruits Trust has the meaning given by section 17.\n\n> employee, in relation to a statutory authority, means a person who was, immediately before the transfer day, an officer or an employee of the authority, and includes the Chief Executive Officer, Managing Director or General Manager of the authority.\n\n> industry export control body means the body for the time being declared to be the industry export control body under the Horticulture Marketing and Research and Development Services Act 2000.\n\n> industry services body means the body that was the industry services body under the Horticulture Marketing and Research and Development Services Act 2000 on 31 December 2024.\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> liabilities means all liabilities, duties and obligations, 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 transfer day.\n\n> Maternity Leave Act means the Maternity Leave (Commonwealth Employees) Act 1973, as in force immediately before the transfer day.\n\n> post‑commencement long service leave rights, in relation to an employee, means any long service leave rights the employee acquires on or after the transfer day under an award, determination, industrial agreement or law (other than this Act).\n\n> previous employer, in relation to a transferred employee, means the statutory authority that employed the employee immediately before the transfer day.\n\n> SRC Act means the Safety, Rehabilitation and Compensation Act 1988, as in force immediately before the transfer day.\n\n> statutory authority means:\n\n    (a) the Australian Horticultural Corporation; or\n    (b) the Horticultural Research and Development Corporation; or\n    (c) the Australian Dried Fruits Board.\n\n> transfer day means the day specified by the Minister as the transfer day in a determination under section 12.\n\n> transferred employee means a person whose employment is transferred under section 24.\n\n> transitional period means the period of 24 months beginning on the transfer day.\n\n  (2) Expressions used in this Act that are defined in the Horticulture Marketing and Research and Development Services Act 2000 have the same meanings as they have in that Act.\n  (3) Expressions used in Subdivision F of Division 4 of Part 2 that are defined in the Long Service Leave Act have the same meanings as they have in that Act.\n\n#### 5 Crown to be bound\n\n  This Act binds the Crown in each of its capacities.\n\n#### 6 Extra‑territorial operation\n\n  This Act applies both within and outside Australia.\n\n## Part 2—Transitional provisions\n\n### Division 2—Transfer day\n\n#### 11 Simplified outline\n\n  The following is a simplified outline of this Division:\n\nThis Division provides for the Minister to determine the transfer day.\n\n#### 12 Minister must determine transfer day\n\n  (1) The Minister must determine, in writing, that a specified day is the transfer day for the purposes of this Act.\n  (2) The day:\n    (a) must not be a day before both of the following declarations have taken effect under section 9 of the Horticulture Marketing and Research and Development Services Act 2000:\n    (i) the first declaration of the industry services body;\n    (ii) the first declaration of the industry export control body; and\n    (b) must be a day within the period of 6 months after the commencement of this section.\n  (3) The determination has effect accordingly.\n  (4) A copy of the determination is to be published in the Gazette within 14 days after the determination is made.\n  (5) The determination can be varied or revoked by the Minister in the same manner in which it was made, but it cannot be varied or revoked on or after the day specified in the determination as the transfer day.\n  (6) The determination is not invalid merely because it has not been published as required under subsection (4).\n\n#### 13 Time of transfers\n\n  Any transfer occurring under this Part is taken to occur immediately after the end of the day before the transfer day.\n\n### Division 3—Transfer of assets and liabilities etc.\n\n#### 14 Simplified outline\n\n  The following is a simplified outline of this Division:\n\nOn the transfer day, the assets and liabilities of the 3 statutory authorities vest in the new industry services body.\n\nSpecial provision is made for the transfer of certain money of the Australian Dried Fruits Board (see section 17).\n\nTransfers are not subject to taxation (see section 19).\n\nOther transitional matters (such as the transfer of records, outstanding money and legal proceedings) are also dealt with.\n\n#### 15 Transfers subject to conditions\n\n  The deed of agreement may contain conditions relating to an asset or liability, or a class of assets or liabilities, transferred to the industry services body under this Act.\n\n> Note: The Horticulture Marketing and Research and Development Services Act 2000 and the of deed of agreement provide for the consequences of a breach of the deed by the industry services body (see sections 10, 16 and 27 of that Act, and the provisions of the deed).\n\n#### 16 Transfer of assets and liabilities\n\n  (1) This section applies to:\n    (a) the assets of a statutory authority (other than the ADF Trust Amount); and\n    (b) the liabilities of a statutory authority (other than a liability referred to in section 28).\n\n> Note: The transfer of the ADF Trust Amount is dealt with in section 17.\n\n  (3) On the transfer day:\n    (a) the assets and liabilities cease to be assets and liabilities of the authority and become assets and liabilities of the industry services body without any conveyance, transfer or assignment; and\n    (b) the industry services body becomes the statutory authority’s successor in law in relation to the assets and liabilities immediately after they become assets and liabilities of the industry services body.\n\n> Note: See also sections 18 and 21.\n\n#### 17 ADF Trust Amount\n\n  (1) The Minister may determine, in writing, that:\n    (a) a particular amount of money of the Australian Dried Fruits Board is the ADF Trust Amount for the purposes of this section; and\n    (b) a particular trust is the Dried Fruits Trust for the purposes of this section.\n  (2) If the Minister has made a determination under subsection (1) before the transfer day, the ADF Trust Amount vests in the trustees on the transfer day and is held on trust by the trustees for the purposes of the Dried Fruits Trust.\n  (3) If the ADF Trust Amount is transferred under subsection (2), it vests in the trustees without any conveyance, transfer or assignment.\n  (4) A copy of the determination is to be published in the Gazette within 14 days after the determination is made.\n  (5) The determination is not invalid merely because it has not been published as required under subsection (4).\n\n#### 18 Transfer of pending proceedings\n\n  (1) This section applies if, as a result of a transfer under this Act, a person (the successor) becomes the successor in law of another person (the original person) at a particular time in relation to a particular asset, liability, right, benefit or obligation.\n  (2) If any proceedings to which the original person was a party:\n    (a) were pending in any court or tribunal immediately before that time; and\n    (b) related, in whole or in part, to the asset, liability, right, benefit or obligation, as the case may be;\n  the successor is, by force of this subsection, substituted for the original person as a party to the proceedings to the extent to which the proceedings relate to the asset, liability, right, benefit or obligation, as the case requires.\n\n#### 19 Exemption from taxation\n\n  Stamp duty or other tax is not payable under a law of a State or Territory in respect of:\n    (a) a transfer of an asset or liability of a statutory authority under this Act; or\n    (b) anything done (including a transaction entered into or an instrument or document made, executed, lodged or given) because of, or for a purpose connected with or arising out of, such a transfer.\n\n#### 19A Operation of GST Law\n\n  (1) For the purposes of the GST Law, a transfer to a person or body under section 16 or 17 of this Act is taken to be consideration provided by the Commonwealth to that person or body for:\n    (a) in the case of a transfer under section 16—entering into obligations under the deed of agreement by the industry services body; and\n    (b) in the case of a transfer under section 17—entering into obligations under the deed of trust establishing the Dried Fruits Trust by the trustees of that Trust.\n  (2) Expressions used in this section have the same meanings as they have in the A New Tax System (Goods and Services Tax) Act 1999.\n\n#### 20 References in certain instruments\n\n  (1) An instrument to which subsection (2) applies continues to have effect on and after the transfer day as if a reference in the instrument to the statutory authority were a reference to the industry services body.\n  (2) This subsection applies to an instrument if it is:\n    (a) in operation immediately before the transfer day; and\n    (b) is an instrument:\n    (i) to which a statutory authority is a party; or\n    (ii) which was given to, or in favour of, a statutory authority; or\n    (iii) in which a reference is made to a statutory authority; or\n    (iv) under which any right or liability accrues or may accrue to a statutory authority.\n\n#### 21 Certificates in relation to assets\n\n  (1) This section applies if:\n    (a) an asset (other than money) becomes an asset of the industry services body under this Division; and\n    (b) there is lodged with an assets official a certificate that:\n    (i) is signed by the Secretary; and\n    (ii) identifies the asset; and\n    (iii) states that the asset has become an asset of the body under this Division.\n\n> Note: For the meaning of assets official, see section 4.\n\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) A document that appears to be a certificate under subsection (1) is taken to be such a certificate, and to have been properly given, unless the contrary is established.\n\n### Division 4—Transfer of staff\n\n#### Subdivision A—Preliminary\n\n#### 23 Simplified outline\n\n  The following is a simplified outline of this Division:\n\nOn the transfer day, the staff of the 3 statutory authorities are transferred to the new industry services body on the same terms and conditions, and with the same accrued entitlements, that they had before the transfer (see section 25).\n\nThe terms and conditions on which the staff are transferred can be varied after the transfer (see section 26).\n\nOther provisions deal with the application of certain Commonwealth Acts (such as superannuation Acts and the Maternity Leave Act).\n\n#### 24 Transfer of staff\n\n  On the transfer day, each employee of a statutory authority ceases to be employed by the statutory authority and is taken to have been engaged as an employee of the industry services body immediately after that cessation.\n\n#### 25 Terms and conditions of transferred employees\n\n  (1) A transferred employee is taken:\n    (a) to have been engaged by the industry services body on the same terms and conditions as those that applied to the person, immediately before the transfer day, as an employee of the previous employer; and\n    (b) to have accrued an entitlement to benefits, in connection with that engagement by the industry services body, that is equivalent to the entitlement that the person had accrued, as an employee of the previous employer, immediately before the employee’s transfer time.\n\n> Note: For previous employer, see section 4.\n\n  (2) The service of a transferred employee as an employee of the industry services body is taken, for all purposes, to have been continuous with the service of the employee, immediately before the transfer day, as an employee of the previous employer.\n  (3) A transferred employee is not entitled to receive any payment or other benefit merely because he or she stopped being an employee of the previous employer as a result of this Division.\n  (4) 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#### 26 Variation of terms and conditions of employment\n\n  (1) This Division does not prevent the terms and conditions of a transferred employee’s employment after the transfer day 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> 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#### 27 Continued application of SRC Act\n\n  The SRC Act continues to apply on and after the transfer day in relation to:\n    (a) injuries suffered before that time by an employee of a statutory authority; and\n    (b) loss of, or damage to, property incurred before that time by an employee of a statutory authority.\n\n#### 28 Commonwealth liability to meet certain SRC Act liabilities\n\n  On and after the transfer day, the Commonwealth:\n    (a) is liable to pay the liabilities of the statutory authorities under section 128A of the SRC Act; and\n    (b) subject to section 29, is taken to have been the employer of the employees of the statutory authorities before the transfer day for the purposes of the application of the SRC Act in relation to those liabilities.\n\n#### 29 SRC Act: rehabilitation provisions\n\n  (1) If a transferred employee had, before the transfer day, suffered an injury resulting in an incapacity for work or an impairment, the employee’s employer 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 transferred employee.\n  (2) On and after the transfer day, the industry services body is, for the purposes of section 40 of the SRC Act, taken to be the relevant employer of each transferred employee employed by the industry services body.\n  (3) On and after the transfer day, the industry services body is, for the purposes of applying section 71 of the SRC Act in relation to each transferred employee, taken to be a Commonwealth authority.\n  (4) Expressions used in this section have the same meanings as they have in the SRC Act.\n\n#### 30 Premiums under the SRC Act\n\n  (1) The Safety, Rehabilitation and Compensation Commission must, as soon as practicable after the transfer day, determine the amount (if any) by which the confirmed estimate of premium for each statutory authority for the relevant financial year should be reduced.\n  (2) If:\n    (a) an amount equal to the confirmed estimate of premium for a statutory authority for the relevant financial year has been paid to the Commonwealth under section 96G of the SRC Act; and\n    (b) the amount of the confirmed estimate of premium is reduced as a result of a determination under subsection (1);\n  the Secretary 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 the industry services body in accordance with the direction.\n  (3) A direction by the Secretary 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 gives a direction, the amount or amounts to which it relates are payable out of the Consolidated Revenue Fund, which is appropriated accordingly, to the industry services body.\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 confirmed estimate of premium for a statutory authority for the relevant financial year and the amount of that confirmed estimate as reduced because of a determination under subsection (1).\n\n> relevant financial year means the financial year in which the transfer day occurs.\n\n  (9) Expressions used in this section have the same meanings as they have in the SRC Act.\n\n#### Subdivision C—Deferred Defence Force Retirement and Death Benefits Act benefits\n\n#### 31 Saving: deferred benefits under the DFRDB Act\n\n  (1) This section applies to a transferred employee of the industry services body if, immediately before the transfer day, the employee was a person to whom deferred benefits were applicable under section 78 of the DFRDB Act.\n  (2) For the purposes of Division 3 of Part IX of the DFRDB Act, the employee is taken to continue in public employment on and after the transfer day while the employee continues to be employed by the industry services body.\n  (3) This section is subject to Division 3 of Part IX of the DFRDB Act.\n\n#### Subdivision D—Maternity leave provisions\n\n#### 32 Maternity leave starting before transfer day\n\n  (1) This section applies in relation to a person if:\n    (a) immediately before the transfer day, the person was a female employee of a statutory authority who was on leave granted under the Maternity Leave Act; and\n    (b) the person becomes an employee of the industry services body on the transfer day; and\n    (c) the person would have been entitled to have remained on that leave on and after the transfer day if the person had continued to be an employee of the statutory authority.\n  (2) On and after the transfer day, the Maternity Leave Act continues to apply to the person in relation to the confinement in respect of which the leave was granted as if the industry services body were a prescribed authority for the purposes of that Act.\n\n#### 33 Maternity leave starting after transfer day\n\n  (1) This section applies in relation to a person if:\n    (a) immediately before the transfer day, the person was a female employee of a statutory authority; and\n    (b) the person becomes an employee of the industry services body on the transfer day; and\n    (c) within 9 months after the transfer day, the person would have been entitled to start leave granted under the Maternity Leave Act if the person had continued to be an employee of the statutory authority.\n  (2) On and after the transfer day, the Maternity Leave Act continues to apply to the person in relation to the confinement in respect of which she would have been entitled to leave as if the industry services body were a prescribed authority for the purposes of that Act.\n\n#### Subdivision E—Provisions relating to superannuation\n\n#### 34 Application of the Superannuation Act 1922\n\n  Section 145 of the Superannuation Act 1922 does not apply in relation to the industry services body.\n\n#### 35 Application of other Superannuation Acts\n\n  The industry services body is not an approved authority for the purposes of the Superannuation Act 1976 or the Superannuation Act 1990.\n\n#### 36 Application of the Superannuation Benefits (Supervisory Mechanisms) Act 1990\n\n  (1) The Minister must not declare the industry services body 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 F—Provisions relating to long service leave\n\n#### 37 Long service leave for employees with less than 10 years service\n\n  (1) This section applies in relation to a person:\n    (a) who became a transferred employee of the industry services body on the transfer day; and\n    (b) whose period of service for the purposes of the Long Service Leave Act immediately before the transfer day 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 the industry services body until his or her combined service period is at least 10 years, the industry services body may grant the employee long service leave on full salary for a period up to the employee’s long service leave credit under subsection 40(1).\n  (4) If:\n    (a) the employee stops being an employee of the industry services body 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 the industry services body is at least one year;\n  the industry services body may grant the employee long service leave on full salary for a period up to the employee’s long service leave credit under subsection 40(1).\n  (5) If a period of long service leave may be granted to an employee under subsection (3) or (4), the industry services body 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 37 of the Horticulture Marketing and Research and Development Services (Repeals and Consequential Provisions) Act 2000”.\n\n#### 38 Payments in lieu of long service leave for employees with less than 10 years service\n\n  (1) This section applies to a person:\n    (a) who became a transferred employee on the transfer day; and\n    (b) whose period of service for the purposes of the Long Service Leave Act immediately before the transfer day 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 the industry services body on or after the day on which his or her combined service period reaches 10 years, the industry services body must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 40(2).\n  (4) If:\n    (a) the employee stops being an employee of the industry services body, 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  the industry services body must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 40(2).\n  (5) If:\n    (a) the employee stops being an employee of the industry services body; and\n    (b) the industry services body is satisfied that the employee left the industry services body’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  the industry services body must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 40(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 38 of the Horticulture Marketing and Research and Development Services (Repeals and Consequential Provisions) Act 2000”.\n\n#### 39 Payments on the death of an employee\n\n  (1) This section applies to a person who was an employee of a statutory authority immediately before the transfer day if, at that time, the employee’s period of service for the purposes of the Long Service Leave Act was less than 10 years.\n  (2) If the person dies on or after the transfer day and immediately before his or her death:\n    (a) the person was an employee of the industry services body; and\n    (b) the person’s combined service period was at least one year; and\n    (c) the person had one or more dependants;\n  the industry services body 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 38 if, on the day of his or her death, the person had instead stopped being an employee of the industry services body 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 the industry services body; and\n    (b) a reference in that section to the approving authority were a reference to the industry services body; and\n    (c) for the expression “this Act” in that section there were substituted the expression “section 39 of the Horticulture Marketing and Research and Development Services (Repeals and Consequential Provisions) Act 2000”; and\n    (d) for the expression “subsection 16(7) or 17(5)” there were substituted the expression “section 39 of the Horticulture Marketing and Research and Development Services (Repeals and Consequential Provisions) Act 2000”.\n\n#### 40 Employee’s long service leave credit for the purposes of sections 37 and 38\n\n  (1) For the purposes of section 37, 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 on the transfer day;\n  if the employee had been retrenched on that day.\n  (2) For the purposes of section 38, 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 37.\n\n#### 41 Employees with at least 10 years service\n\n  (1) This section applies to an employee of a statutory authority whose period of service under the Long Service Leave Act was at least 10 years immediately before the transfer day.\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 if the employee becomes an employee of the industry services body on the transfer day. 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 on and after the transfer day in relation to the employee’s rights under that Act that accrued before the transfer day, as if the industry services body were an approving authority for the purposes of that Act.\n\n#### 42 Division not to affect post‑commencement long service leave rights\n\n  This Division does not affect an employee’s post‑commencement long service leave rights.\n\n> Note: For the meaning of post‑commencement long service leave rights, see section 4.\n\n#### Subdivision G—Staff with mobility rights\n\n#### 43 Cessation of mobility rights\n\n  If a transferred employee had rights under section 6 or 7 of the Public Employment (Consequential and Transitional) Amendment Act 1999 immediately before the transfer day, the employee ceases to have those rights, and ceases to be an APS employee, on the transfer day.\n\n> Note: For the meaning of APS employee, see section 4.\n\n### Division 5—Transitional period for export controls\n\n#### 44 Simplified outline\n\n  The following is a simplified outline of this Division:\n\nThe system of export controls in place under the Australian Horticultural Corporation Act 1987 is continued after the transfer day for a transitional period (a maximum of 2 years).\n\nDuring the transitional period most of the export control powers that the Australian Horticultural Corporation had can be exercised by the new industry export control body.\n\n#### 45 Continuation of export controls despite repeal of AHC Act\n\n  (1) In spite of the repeal of the Australian Horticultural Corporation Act 1987 (the Act):\n    (a) Part V of the Act continues in force after the repeal; and\n    (b) regulations, orders and other instruments made under the Act for the purposes of Part V that were in force immediately before the repeal continue in force.\n  (2) Any other provision of the Act that is necessary for the effective operation of Part V of the Act (as continued in force under subsection (1)) also continues in force in spite of the repeal but applies only to the extent that it relates to the operation of Part V.\n  (3) Without limiting subsection (2), sections 121 and 122 of the Act continue in force to the extent that regulations and orders relating to the operation of Part V (including regulations, or orders, amending or repealing earlier regulations or orders) may be made under them.\n  (4) Chapter 2 (other than Part 2.5) of the Criminal Code applies to all offences against Part V of the Act.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n  (5) The offences in subsections 118(1) and (2) of the Act are offences of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (6) For the purposes of subsection 118(2) of the Act, the defendant bears an evidential burden in relation to the matter of whether the defendant has a reasonable excuse.\n\n> Note: For evidential burdens, see subsection 13.3(3) of the Criminal Code.\n\n#### 46 References to AHC and Product Board\n\n  (1) During the transitional period, references to powers, duties or functions of the Corporation or of a Board in Part V of the Act or in an instrument in force under Part V are taken to be references to powers, duties or functions of the industry export control body.\n\n> Note: For transitional period and industry export control body, see section 4.\n\n  (2) However, in spite of subsection (1), the industry export control body does not, during the transitional period, have the power:\n    (a) to prohibit the export of a product to a specified place unless the export of the product to that place was prohibited immediately before the transfer day; or\n    (b) to revoke or vary a prohibition of export to a specified place.\n\n> Note: The power to prohibit the export of a horticultural product to a specified place is given to the Corporation by regulation 5 of the Australian Horticultural Corporation (Export Control) Regulations 1990.\n\n#### 47 Phasing out of export controls under Part V of AHC Act\n\n  (1) If:\n    (a) the export of a horticultural product to a place is prohibited under the Australian Horticultural Corporation (Export Control) Regulations 1990 or the Australian Horticultural Corporation (Dried Fruits Export Control) Regulations 1991; and\n    (b) during the transitional period, the product and the place are the subject of an order (the new order) under section 19 of the Horticulture Marketing and Research and Development Services Act 2000;\n  Part V (and any instrument made under, or for the purposes of, Part V) ceases, at the time of the new order, to have effect in relation to the export of that product to that place.\n  (2) If, at the end of the transitional period, Part V of the Act still has effect in relation to any horticultural product, it (and any instrument made under, or for the purposes of, Part V) ceases to have effect immediately after the end of the transitional period.\n\n### Division 6—Final annual reports\n\n#### 48 Simplified outline\n\n  The following is a simplified outline of this Division:\n\nEach of the 3 statutory authorities must produce a final annual report covering the authority’s operations and financial status up to the transfer day.\n\n#### 49 Final annual report: Australian Horticultural Corporation\n\n  (1) In spite of the repeal of the Australian Horticultural Corporation Act 1987:\n    (a) the Australian Horticultural Corporation continues in existence for the purpose of giving the Minister the report required under section 9 of the Commonwealth Authorities and Companies Act 1997 in relation to the period starting on the last 1 July before the transfer day and ending on the transfer day; and\n    (b) for that purpose, the membership of the Corporation immediately before the transfer day is taken to be the same on and after the transfer day.\n  (2) For the purposes of the application of section 9 of the Commonwealth Authorities and Companies Act 1997 to the report referred to in subsection (1):\n    (a) the period starting on the last 1 July before the transfer day and ending on the transfer day is taken to be a financial year; and\n    (b) the Australian Horticultural Corporation Act 1987 continues to have effect as if it had not been repealed.\n\n#### 50 Final annual report: Australian Dried Fruits Board\n\n  (1) In spite of the repeal of the Australian Horticultural Corporation Act 1987:\n    (a) the Australian Dried Fruits Board continues in existence for the purpose of giving the Minister the report required under section 9 of the Commonwealth Authorities and Companies Act 1997 in relation to the period starting on the last 1 July before the transfer day and ending on the transfer day; and\n    (b) for that purpose, the membership of the Board immediately before the transfer day is taken to be the same on and after the transfer day.\n  (2) For the purposes of the application of section 9 of the Commonwealth Authorities and Companies Act 1997 to the report referred to in subsection (1):\n    (a) the period starting on the last 1 July before the transfer day and ending on the transfer day is taken to be a financial year; and\n    (b) the Australian Horticultural Corporation Act 1987 continues to have effect as if it had not been repealed; and\n    (c) the reference in paragraph 101A(b) of that Act to 31 August after the end of the financial year is taken to be a reference to the day occurring 8 weeks after the transfer day; and\n    (d) the reference in subsection 30A(1) of that Act to 15 October after the end of each financial year is taken to be a reference to the day occurring 14 weeks after the transfer day.\n\n#### 51 Final annual report: Horticultural Research and Development Corporation\n\n  (1) In spite of the repeal of the Horticultural Research and Development Corporation Act 1987:\n    (a) the Horticultural Research and Development Corporation continues in existence for the purpose of giving the Minister the report required under section 9 of the Commonwealth Authorities and Companies Act 1997 in relation to the period starting on the last 1 July before the transfer day and ending on the transfer day; and\n    (b) for that purpose, the membership of the Corporation immediately before the transfer day is taken to be the same on and after the transfer day.\n  (2) For the purposes of the application of section 9 of the Commonwealth Authorities and Companies Act 1997 to the report referred to in subsection (1):\n    (a) the period starting on the last 1 July before the transfer day and ending on the transfer day is taken to be a financial year; and\n    (b) the Australian Horticultural Research and Development Corporation Act 1987 continues to have effect as if it had not been repealed.\n\n### Division 7—Miscellaneous\n\n#### 52 Delegation of Secretary’s powers\n\n  The Secretary may delegate all or any of the Secretary’s powers under this Act, the regulations or orders to an APS employee in the Department who has appropriate skills or experience. The delegation must be in writing.\n\n> Note: For the meaning of APS employee, see section 4.\n\n#### 53 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 and just terms have the same respective meanings as in paragraph 51(xxxi) of the Constitution.\n\n#### 54 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 dealing with other transitional matters arising out of the repeal of the Australian Horticultural Corporation Act 1987 and the Horticultural Research and Development Corporation Act 1987 and the enactment of this Act and the Horticulture Marketing and Research and Development Services Act 2000.","sortOrder":33},{"sectionNumber":"31","sectionType":"section","heading":"Saving: deferred benefits under the DFRDB Act","content":"#### 31 Saving: deferred benefits under the DFRDB Act\n\n  (1) This section applies to a transferred employee of the industry services body if, immediately before the transfer day, the employee was a person to whom deferred benefits were applicable under section 78 of the DFRDB Act.\n  (2) For the purposes of Division 3 of Part IX of the DFRDB Act, the employee is taken to continue in public employment on and after the transfer day while the employee continues to be employed by the industry services body.\n  (3) This section is subject to Division 3 of Part IX of the DFRDB Act.","sortOrder":34},{"sectionNumber":"Subdivision D","sectionType":"subdivision","heading":"Maternity leave provisions","content":"An Act to deal with matters consequential on the enactment of the Horticulture Marketing and Research and Development Services Act 2000, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Horticulture Marketing and Research and Development Services (Repeals and Consequential Provisions) Act 2000.\n\n#### 2 Commencement\n\n  (1) Subject to this section, this Act commences at the same time as Part 2 of the Horticulture Marketing and Research and Development Services Act 2000.\n  (2) Schedules 1 (repeals) and 2 (consequential amendments) commence on the transfer day, immediately after the transfer of assets, liabilities and staff under Part 2.\n\n> Note: See sections 12 and 13 for the transfer day, and the time at which the transfer occurs.\n\n  (3) Schedule 3 (references to Administrative Appeals Tribunal) commences at the later of:\n    (a) the time when Parts 4 to 10 of the Act that establishes the Administrative Review Tribunal commence; and\n    (b) the time immediately after the Horticulture Marketing and Research and Development Services Act 2000 receives the Royal Assent.\n\n> Note: The short title of the Act that establishes the Administrative Review Tribunal is either the Administrative Review Tribunal Act 2000 or the Administrative Review Tribunal Act 2001.\n\n  (4) Schedule 4 (operation of the Privacy Act) commences at the later of:\n    (a) the time when Schedule 1 to the Privacy Amendment (Private Sector) Act 2000 commences; and\n    (b) the time immediately after the Horticulture Marketing and Research and Development Services Act 2000 receives the Royal Assent.\n\n#### 3 Simplified outline\n\n  The following is a simplified outline of this Act:\n\nThis Act deals with the transition from the Australian Horticultural Corporation, Horticultural Research and Development Corporation and the Australian Dried Fruits Board to new bodies. The new bodies are those declared under the Horticulture Marketing and Research and Development Services Act 2000.\n\nThe Minister must determine a transfer day (see section 12).\n\nOn the transfer day assets, liabilities and staff of the Corporations and the Board are transferred to the new industry services body (see Divisions 2, 3 and 4 of Part 2).\n\nThe system of export controls in place under the Australian Horticultural Corporation Act 1987 is kept in place for a maximum period of 2 years after the transfer day. Export controls on particular products can be phased out during the 2 year period, as controls on those products are brought in under the Horticulture Marketing and Research and Development Services Act 2000 (see Division 5 of Part 2 of this Act).\n\nThe Australian Horticultural Corporation Act 1987 and the Horticultural Research and Development Corporation Act 1987 are repealed once the assets, liabilities and staff of the bodies established by those Acts have been transferred to the new industry services body.\n\n#### 4 Definitions\n\n  (1) In this Act, unless the contrary intention appears:\n\n> ADF Trust Amount has the meaning given by section 17.\n\n> APS employee has the same meaning as in the Public Service Act 1999.\n\n> assets means any legal or equitable estate or interest of the authority in real or personal property (whether actual, contingent or prospective) and includes all rights, powers, privileges and immunities (whether actual, contingent or prospective).\n\n> assets official means a person or authority who, under a law, has responsibility for keeping a register in relation to assets of the kind concerned.\n\n> combined service period, in relation to an employee, means the total of:\n\n    (a) the period that is, immediately before the transfer day, 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 the industry services body.\n\n> DFRDB Act means the Defence Force Retirement and Death Benefits Act 1973.\n\n> Dried Fruits Trust has the meaning given by section 17.\n\n> employee, in relation to a statutory authority, means a person who was, immediately before the transfer day, an officer or an employee of the authority, and includes the Chief Executive Officer, Managing Director or General Manager of the authority.\n\n> industry export control body means the body for the time being declared to be the industry export control body under the Horticulture Marketing and Research and Development Services Act 2000.\n\n> industry services body means the body that was the industry services body under the Horticulture Marketing and Research and Development Services Act 2000 on 31 December 2024.\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> liabilities means all liabilities, duties and obligations, 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 transfer day.\n\n> Maternity Leave Act means the Maternity Leave (Commonwealth Employees) Act 1973, as in force immediately before the transfer day.\n\n> post‑commencement long service leave rights, in relation to an employee, means any long service leave rights the employee acquires on or after the transfer day under an award, determination, industrial agreement or law (other than this Act).\n\n> previous employer, in relation to a transferred employee, means the statutory authority that employed the employee immediately before the transfer day.\n\n> SRC Act means the Safety, Rehabilitation and Compensation Act 1988, as in force immediately before the transfer day.\n\n> statutory authority means:\n\n    (a) the Australian Horticultural Corporation; or\n    (b) the Horticultural Research and Development Corporation; or\n    (c) the Australian Dried Fruits Board.\n\n> transfer day means the day specified by the Minister as the transfer day in a determination under section 12.\n\n> transferred employee means a person whose employment is transferred under section 24.\n\n> transitional period means the period of 24 months beginning on the transfer day.\n\n  (2) Expressions used in this Act that are defined in the Horticulture Marketing and Research and Development Services Act 2000 have the same meanings as they have in that Act.\n  (3) Expressions used in Subdivision F of Division 4 of Part 2 that are defined in the Long Service Leave Act have the same meanings as they have in that Act.\n\n#### 5 Crown to be bound\n\n  This Act binds the Crown in each of its capacities.\n\n#### 6 Extra‑territorial operation\n\n  This Act applies both within and outside Australia.\n\n## Part 2—Transitional provisions\n\n### Division 2—Transfer day\n\n#### 11 Simplified outline\n\n  The following is a simplified outline of this Division:\n\nThis Division provides for the Minister to determine the transfer day.\n\n#### 12 Minister must determine transfer day\n\n  (1) The Minister must determine, in writing, that a specified day is the transfer day for the purposes of this Act.\n  (2) The day:\n    (a) must not be a day before both of the following declarations have taken effect under section 9 of the Horticulture Marketing and Research and Development Services Act 2000:\n    (i) the first declaration of the industry services body;\n    (ii) the first declaration of the industry export control body; and\n    (b) must be a day within the period of 6 months after the commencement of this section.\n  (3) The determination has effect accordingly.\n  (4) A copy of the determination is to be published in the Gazette within 14 days after the determination is made.\n  (5) The determination can be varied or revoked by the Minister in the same manner in which it was made, but it cannot be varied or revoked on or after the day specified in the determination as the transfer day.\n  (6) The determination is not invalid merely because it has not been published as required under subsection (4).\n\n#### 13 Time of transfers\n\n  Any transfer occurring under this Part is taken to occur immediately after the end of the day before the transfer day.\n\n### Division 3—Transfer of assets and liabilities etc.\n\n#### 14 Simplified outline\n\n  The following is a simplified outline of this Division:\n\nOn the transfer day, the assets and liabilities of the 3 statutory authorities vest in the new industry services body.\n\nSpecial provision is made for the transfer of certain money of the Australian Dried Fruits Board (see section 17).\n\nTransfers are not subject to taxation (see section 19).\n\nOther transitional matters (such as the transfer of records, outstanding money and legal proceedings) are also dealt with.\n\n#### 15 Transfers subject to conditions\n\n  The deed of agreement may contain conditions relating to an asset or liability, or a class of assets or liabilities, transferred to the industry services body under this Act.\n\n> Note: The Horticulture Marketing and Research and Development Services Act 2000 and the of deed of agreement provide for the consequences of a breach of the deed by the industry services body (see sections 10, 16 and 27 of that Act, and the provisions of the deed).\n\n#### 16 Transfer of assets and liabilities\n\n  (1) This section applies to:\n    (a) the assets of a statutory authority (other than the ADF Trust Amount); and\n    (b) the liabilities of a statutory authority (other than a liability referred to in section 28).\n\n> Note: The transfer of the ADF Trust Amount is dealt with in section 17.\n\n  (3) On the transfer day:\n    (a) the assets and liabilities cease to be assets and liabilities of the authority and become assets and liabilities of the industry services body without any conveyance, transfer or assignment; and\n    (b) the industry services body becomes the statutory authority’s successor in law in relation to the assets and liabilities immediately after they become assets and liabilities of the industry services body.\n\n> Note: See also sections 18 and 21.\n\n#### 17 ADF Trust Amount\n\n  (1) The Minister may determine, in writing, that:\n    (a) a particular amount of money of the Australian Dried Fruits Board is the ADF Trust Amount for the purposes of this section; and\n    (b) a particular trust is the Dried Fruits Trust for the purposes of this section.\n  (2) If the Minister has made a determination under subsection (1) before the transfer day, the ADF Trust Amount vests in the trustees on the transfer day and is held on trust by the trustees for the purposes of the Dried Fruits Trust.\n  (3) If the ADF Trust Amount is transferred under subsection (2), it vests in the trustees without any conveyance, transfer or assignment.\n  (4) A copy of the determination is to be published in the Gazette within 14 days after the determination is made.\n  (5) The determination is not invalid merely because it has not been published as required under subsection (4).\n\n#### 18 Transfer of pending proceedings\n\n  (1) This section applies if, as a result of a transfer under this Act, a person (the successor) becomes the successor in law of another person (the original person) at a particular time in relation to a particular asset, liability, right, benefit or obligation.\n  (2) If any proceedings to which the original person was a party:\n    (a) were pending in any court or tribunal immediately before that time; and\n    (b) related, in whole or in part, to the asset, liability, right, benefit or obligation, as the case may be;\n  the successor is, by force of this subsection, substituted for the original person as a party to the proceedings to the extent to which the proceedings relate to the asset, liability, right, benefit or obligation, as the case requires.\n\n#### 19 Exemption from taxation\n\n  Stamp duty or other tax is not payable under a law of a State or Territory in respect of:\n    (a) a transfer of an asset or liability of a statutory authority under this Act; or\n    (b) anything done (including a transaction entered into or an instrument or document made, executed, lodged or given) because of, or for a purpose connected with or arising out of, such a transfer.\n\n#### 19A Operation of GST Law\n\n  (1) For the purposes of the GST Law, a transfer to a person or body under section 16 or 17 of this Act is taken to be consideration provided by the Commonwealth to that person or body for:\n    (a) in the case of a transfer under section 16—entering into obligations under the deed of agreement by the industry services body; and\n    (b) in the case of a transfer under section 17—entering into obligations under the deed of trust establishing the Dried Fruits Trust by the trustees of that Trust.\n  (2) Expressions used in this section have the same meanings as they have in the A New Tax System (Goods and Services Tax) Act 1999.\n\n#### 20 References in certain instruments\n\n  (1) An instrument to which subsection (2) applies continues to have effect on and after the transfer day as if a reference in the instrument to the statutory authority were a reference to the industry services body.\n  (2) This subsection applies to an instrument if it is:\n    (a) in operation immediately before the transfer day; and\n    (b) is an instrument:\n    (i) to which a statutory authority is a party; or\n    (ii) which was given to, or in favour of, a statutory authority; or\n    (iii) in which a reference is made to a statutory authority; or\n    (iv) under which any right or liability accrues or may accrue to a statutory authority.\n\n#### 21 Certificates in relation to assets\n\n  (1) This section applies if:\n    (a) an asset (other than money) becomes an asset of the industry services body under this Division; and\n    (b) there is lodged with an assets official a certificate that:\n    (i) is signed by the Secretary; and\n    (ii) identifies the asset; and\n    (iii) states that the asset has become an asset of the body under this Division.\n\n> Note: For the meaning of assets official, see section 4.\n\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) A document that appears to be a certificate under subsection (1) is taken to be such a certificate, and to have been properly given, unless the contrary is established.\n\n### Division 4—Transfer of staff\n\n#### Subdivision A—Preliminary\n\n#### 23 Simplified outline\n\n  The following is a simplified outline of this Division:\n\nOn the transfer day, the staff of the 3 statutory authorities are transferred to the new industry services body on the same terms and conditions, and with the same accrued entitlements, that they had before the transfer (see section 25).\n\nThe terms and conditions on which the staff are transferred can be varied after the transfer (see section 26).\n\nOther provisions deal with the application of certain Commonwealth Acts (such as superannuation Acts and the Maternity Leave Act).\n\n#### 24 Transfer of staff\n\n  On the transfer day, each employee of a statutory authority ceases to be employed by the statutory authority and is taken to have been engaged as an employee of the industry services body immediately after that cessation.\n\n#### 25 Terms and conditions of transferred employees\n\n  (1) A transferred employee is taken:\n    (a) to have been engaged by the industry services body on the same terms and conditions as those that applied to the person, immediately before the transfer day, as an employee of the previous employer; and\n    (b) to have accrued an entitlement to benefits, in connection with that engagement by the industry services body, that is equivalent to the entitlement that the person had accrued, as an employee of the previous employer, immediately before the employee’s transfer time.\n\n> Note: For previous employer, see section 4.\n\n  (2) The service of a transferred employee as an employee of the industry services body is taken, for all purposes, to have been continuous with the service of the employee, immediately before the transfer day, as an employee of the previous employer.\n  (3) A transferred employee is not entitled to receive any payment or other benefit merely because he or she stopped being an employee of the previous employer as a result of this Division.\n  (4) 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#### 26 Variation of terms and conditions of employment\n\n  (1) This Division does not prevent the terms and conditions of a transferred employee’s employment after the transfer day 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> 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#### 27 Continued application of SRC Act\n\n  The SRC Act continues to apply on and after the transfer day in relation to:\n    (a) injuries suffered before that time by an employee of a statutory authority; and\n    (b) loss of, or damage to, property incurred before that time by an employee of a statutory authority.\n\n#### 28 Commonwealth liability to meet certain SRC Act liabilities\n\n  On and after the transfer day, the Commonwealth:\n    (a) is liable to pay the liabilities of the statutory authorities under section 128A of the SRC Act; and\n    (b) subject to section 29, is taken to have been the employer of the employees of the statutory authorities before the transfer day for the purposes of the application of the SRC Act in relation to those liabilities.\n\n#### 29 SRC Act: rehabilitation provisions\n\n  (1) If a transferred employee had, before the transfer day, suffered an injury resulting in an incapacity for work or an impairment, the employee’s employer 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 transferred employee.\n  (2) On and after the transfer day, the industry services body is, for the purposes of section 40 of the SRC Act, taken to be the relevant employer of each transferred employee employed by the industry services body.\n  (3) On and after the transfer day, the industry services body is, for the purposes of applying section 71 of the SRC Act in relation to each transferred employee, taken to be a Commonwealth authority.\n  (4) Expressions used in this section have the same meanings as they have in the SRC Act.\n\n#### 30 Premiums under the SRC Act\n\n  (1) The Safety, Rehabilitation and Compensation Commission must, as soon as practicable after the transfer day, determine the amount (if any) by which the confirmed estimate of premium for each statutory authority for the relevant financial year should be reduced.\n  (2) If:\n    (a) an amount equal to the confirmed estimate of premium for a statutory authority for the relevant financial year has been paid to the Commonwealth under section 96G of the SRC Act; and\n    (b) the amount of the confirmed estimate of premium is reduced as a result of a determination under subsection (1);\n  the Secretary 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 the industry services body in accordance with the direction.\n  (3) A direction by the Secretary 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 gives a direction, the amount or amounts to which it relates are payable out of the Consolidated Revenue Fund, which is appropriated accordingly, to the industry services body.\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 confirmed estimate of premium for a statutory authority for the relevant financial year and the amount of that confirmed estimate as reduced because of a determination under subsection (1).\n\n> relevant financial year means the financial year in which the transfer day occurs.\n\n  (9) Expressions used in this section have the same meanings as they have in the SRC Act.\n\n#### Subdivision C—Deferred Defence Force Retirement and Death Benefits Act benefits\n\n#### 31 Saving: deferred benefits under the DFRDB Act\n\n  (1) This section applies to a transferred employee of the industry services body if, immediately before the transfer day, the employee was a person to whom deferred benefits were applicable under section 78 of the DFRDB Act.\n  (2) For the purposes of Division 3 of Part IX of the DFRDB Act, the employee is taken to continue in public employment on and after the transfer day while the employee continues to be employed by the industry services body.\n  (3) This section is subject to Division 3 of Part IX of the DFRDB Act.\n\n#### Subdivision D—Maternity leave provisions\n\n#### 32 Maternity leave starting before transfer day\n\n  (1) This section applies in relation to a person if:\n    (a) immediately before the transfer day, the person was a female employee of a statutory authority who was on leave granted under the Maternity Leave Act; and\n    (b) the person becomes an employee of the industry services body on the transfer day; and\n    (c) the person would have been entitled to have remained on that leave on and after the transfer day if the person had continued to be an employee of the statutory authority.\n  (2) On and after the transfer day, the Maternity Leave Act continues to apply to the person in relation to the confinement in respect of which the leave was granted as if the industry services body were a prescribed authority for the purposes of that Act.\n\n#### 33 Maternity leave starting after transfer day\n\n  (1) This section applies in relation to a person if:\n    (a) immediately before the transfer day, the person was a female employee of a statutory authority; and\n    (b) the person becomes an employee of the industry services body on the transfer day; and\n    (c) within 9 months after the transfer day, the person would have been entitled to start leave granted under the Maternity Leave Act if the person had continued to be an employee of the statutory authority.\n  (2) On and after the transfer day, the Maternity Leave Act continues to apply to the person in relation to the confinement in respect of which she would have been entitled to leave as if the industry services body were a prescribed authority for the purposes of that Act.\n\n#### Subdivision E—Provisions relating to superannuation\n\n#### 34 Application of the Superannuation Act 1922\n\n  Section 145 of the Superannuation Act 1922 does not apply in relation to the industry services body.\n\n#### 35 Application of other Superannuation Acts\n\n  The industry services body is not an approved authority for the purposes of the Superannuation Act 1976 or the Superannuation Act 1990.\n\n#### 36 Application of the Superannuation Benefits (Supervisory Mechanisms) Act 1990\n\n  (1) The Minister must not declare the industry services body 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 F—Provisions relating to long service leave\n\n#### 37 Long service leave for employees with less than 10 years service\n\n  (1) This section applies in relation to a person:\n    (a) who became a transferred employee of the industry services body on the transfer day; and\n    (b) whose period of service for the purposes of the Long Service Leave Act immediately before the transfer day 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 the industry services body until his or her combined service period is at least 10 years, the industry services body may grant the employee long service leave on full salary for a period up to the employee’s long service leave credit under subsection 40(1).\n  (4) If:\n    (a) the employee stops being an employee of the industry services body 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 the industry services body is at least one year;\n  the industry services body may grant the employee long service leave on full salary for a period up to the employee’s long service leave credit under subsection 40(1).\n  (5) If a period of long service leave may be granted to an employee under subsection (3) or (4), the industry services body 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 37 of the Horticulture Marketing and Research and Development Services (Repeals and Consequential Provisions) Act 2000”.\n\n#### 38 Payments in lieu of long service leave for employees with less than 10 years service\n\n  (1) This section applies to a person:\n    (a) who became a transferred employee on the transfer day; and\n    (b) whose period of service for the purposes of the Long Service Leave Act immediately before the transfer day 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 the industry services body on or after the day on which his or her combined service period reaches 10 years, the industry services body must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 40(2).\n  (4) If:\n    (a) the employee stops being an employee of the industry services body, 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  the industry services body must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 40(2).\n  (5) If:\n    (a) the employee stops being an employee of the industry services body; and\n    (b) the industry services body is satisfied that the employee left the industry services body’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  the industry services body must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 40(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 38 of the Horticulture Marketing and Research and Development Services (Repeals and Consequential Provisions) Act 2000”.\n\n#### 39 Payments on the death of an employee\n\n  (1) This section applies to a person who was an employee of a statutory authority immediately before the transfer day if, at that time, the employee’s period of service for the purposes of the Long Service Leave Act was less than 10 years.\n  (2) If the person dies on or after the transfer day and immediately before his or her death:\n    (a) the person was an employee of the industry services body; and\n    (b) the person’s combined service period was at least one year; and\n    (c) the person had one or more dependants;\n  the industry services body 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 38 if, on the day of his or her death, the person had instead stopped being an employee of the industry services body 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 the industry services body; and\n    (b) a reference in that section to the approving authority were a reference to the industry services body; and\n    (c) for the expression “this Act” in that section there were substituted the expression “section 39 of the Horticulture Marketing and Research and Development Services (Repeals and Consequential Provisions) Act 2000”; and\n    (d) for the expression “subsection 16(7) or 17(5)” there were substituted the expression “section 39 of the Horticulture Marketing and Research and Development Services (Repeals and Consequential Provisions) Act 2000”.\n\n#### 40 Employee’s long service leave credit for the purposes of sections 37 and 38\n\n  (1) For the purposes of section 37, 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 on the transfer day;\n  if the employee had been retrenched on that day.\n  (2) For the purposes of section 38, 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 37.\n\n#### 41 Employees with at least 10 years service\n\n  (1) This section applies to an employee of a statutory authority whose period of service under the Long Service Leave Act was at least 10 years immediately before the transfer day.\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 if the employee becomes an employee of the industry services body on the transfer day. 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 on and after the transfer day in relation to the employee’s rights under that Act that accrued before the transfer day, as if the industry services body were an approving authority for the purposes of that Act.\n\n#### 42 Division not to affect post‑commencement long service leave rights\n\n  This Division does not affect an employee’s post‑commencement long service leave rights.\n\n> Note: For the meaning of post‑commencement long service leave rights, see section 4.\n\n#### Subdivision G—Staff with mobility rights\n\n#### 43 Cessation of mobility rights\n\n  If a transferred employee had rights under section 6 or 7 of the Public Employment (Consequential and Transitional) Amendment Act 1999 immediately before the transfer day, the employee ceases to have those rights, and ceases to be an APS employee, on the transfer day.\n\n> Note: For the meaning of APS employee, see section 4.\n\n### Division 5—Transitional period for export controls\n\n#### 44 Simplified outline\n\n  The following is a simplified outline of this Division:\n\nThe system of export controls in place under the Australian Horticultural Corporation Act 1987 is continued after the transfer day for a transitional period (a maximum of 2 years).\n\nDuring the transitional period most of the export control powers that the Australian Horticultural Corporation had can be exercised by the new industry export control body.\n\n#### 45 Continuation of export controls despite repeal of AHC Act\n\n  (1) In spite of the repeal of the Australian Horticultural Corporation Act 1987 (the Act):\n    (a) Part V of the Act continues in force after the repeal; and\n    (b) regulations, orders and other instruments made under the Act for the purposes of Part V that were in force immediately before the repeal continue in force.\n  (2) Any other provision of the Act that is necessary for the effective operation of Part V of the Act (as continued in force under subsection (1)) also continues in force in spite of the repeal but applies only to the extent that it relates to the operation of Part V.\n  (3) Without limiting subsection (2), sections 121 and 122 of the Act continue in force to the extent that regulations and orders relating to the operation of Part V (including regulations, or orders, amending or repealing earlier regulations or orders) may be made under them.\n  (4) Chapter 2 (other than Part 2.5) of the Criminal Code applies to all offences against Part V of the Act.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n  (5) The offences in subsections 118(1) and (2) of the Act are offences of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (6) For the purposes of subsection 118(2) of the Act, the defendant bears an evidential burden in relation to the matter of whether the defendant has a reasonable excuse.\n\n> Note: For evidential burdens, see subsection 13.3(3) of the Criminal Code.\n\n#### 46 References to AHC and Product Board\n\n  (1) During the transitional period, references to powers, duties or functions of the Corporation or of a Board in Part V of the Act or in an instrument in force under Part V are taken to be references to powers, duties or functions of the industry export control body.\n\n> Note: For transitional period and industry export control body, see section 4.\n\n  (2) However, in spite of subsection (1), the industry export control body does not, during the transitional period, have the power:\n    (a) to prohibit the export of a product to a specified place unless the export of the product to that place was prohibited immediately before the transfer day; or\n    (b) to revoke or vary a prohibition of export to a specified place.\n\n> Note: The power to prohibit the export of a horticultural product to a specified place is given to the Corporation by regulation 5 of the Australian Horticultural Corporation (Export Control) Regulations 1990.\n\n#### 47 Phasing out of export controls under Part V of AHC Act\n\n  (1) If:\n    (a) the export of a horticultural product to a place is prohibited under the Australian Horticultural Corporation (Export Control) Regulations 1990 or the Australian Horticultural Corporation (Dried Fruits Export Control) Regulations 1991; and\n    (b) during the transitional period, the product and the place are the subject of an order (the new order) under section 19 of the Horticulture Marketing and Research and Development Services Act 2000;\n  Part V (and any instrument made under, or for the purposes of, Part V) ceases, at the time of the new order, to have effect in relation to the export of that product to that place.\n  (2) If, at the end of the transitional period, Part V of the Act still has effect in relation to any horticultural product, it (and any instrument made under, or for the purposes of, Part V) ceases to have effect immediately after the end of the transitional period.\n\n### Division 6—Final annual reports\n\n#### 48 Simplified outline\n\n  The following is a simplified outline of this Division:\n\nEach of the 3 statutory authorities must produce a final annual report covering the authority’s operations and financial status up to the transfer day.\n\n#### 49 Final annual report: Australian Horticultural Corporation\n\n  (1) In spite of the repeal of the Australian Horticultural Corporation Act 1987:\n    (a) the Australian Horticultural Corporation continues in existence for the purpose of giving the Minister the report required under section 9 of the Commonwealth Authorities and Companies Act 1997 in relation to the period starting on the last 1 July before the transfer day and ending on the transfer day; and\n    (b) for that purpose, the membership of the Corporation immediately before the transfer day is taken to be the same on and after the transfer day.\n  (2) For the purposes of the application of section 9 of the Commonwealth Authorities and Companies Act 1997 to the report referred to in subsection (1):\n    (a) the period starting on the last 1 July before the transfer day and ending on the transfer day is taken to be a financial year; and\n    (b) the Australian Horticultural Corporation Act 1987 continues to have effect as if it had not been repealed.\n\n#### 50 Final annual report: Australian Dried Fruits Board\n\n  (1) In spite of the repeal of the Australian Horticultural Corporation Act 1987:\n    (a) the Australian Dried Fruits Board continues in existence for the purpose of giving the Minister the report required under section 9 of the Commonwealth Authorities and Companies Act 1997 in relation to the period starting on the last 1 July before the transfer day and ending on the transfer day; and\n    (b) for that purpose, the membership of the Board immediately before the transfer day is taken to be the same on and after the transfer day.\n  (2) For the purposes of the application of section 9 of the Commonwealth Authorities and Companies Act 1997 to the report referred to in subsection (1):\n    (a) the period starting on the last 1 July before the transfer day and ending on the transfer day is taken to be a financial year; and\n    (b) the Australian Horticultural Corporation Act 1987 continues to have effect as if it had not been repealed; and\n    (c) the reference in paragraph 101A(b) of that Act to 31 August after the end of the financial year is taken to be a reference to the day occurring 8 weeks after the transfer day; and\n    (d) the reference in subsection 30A(1) of that Act to 15 October after the end of each financial year is taken to be a reference to the day occurring 14 weeks after the transfer day.\n\n#### 51 Final annual report: Horticultural Research and Development Corporation\n\n  (1) In spite of the repeal of the Horticultural Research and Development Corporation Act 1987:\n    (a) the Horticultural Research and Development Corporation continues in existence for the purpose of giving the Minister the report required under section 9 of the Commonwealth Authorities and Companies Act 1997 in relation to the period starting on the last 1 July before the transfer day and ending on the transfer day; and\n    (b) for that purpose, the membership of the Corporation immediately before the transfer day is taken to be the same on and after the transfer day.\n  (2) For the purposes of the application of section 9 of the Commonwealth Authorities and Companies Act 1997 to the report referred to in subsection (1):\n    (a) the period starting on the last 1 July before the transfer day and ending on the transfer day is taken to be a financial year; and\n    (b) the Australian Horticultural Research and Development Corporation Act 1987 continues to have effect as if it had not been repealed.\n\n### Division 7—Miscellaneous\n\n#### 52 Delegation of Secretary’s powers\n\n  The Secretary may delegate all or any of the Secretary’s powers under this Act, the regulations or orders to an APS employee in the Department who has appropriate skills or experience. The delegation must be in writing.\n\n> Note: For the meaning of APS employee, see section 4.\n\n#### 53 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 and just terms have the same respective meanings as in paragraph 51(xxxi) of the Constitution.\n\n#### 54 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 dealing with other transitional matters arising out of the repeal of the Australian Horticultural Corporation Act 1987 and the Horticultural Research and Development Corporation Act 1987 and the enactment of this Act and the Horticulture Marketing and Research and Development Services Act 2000.","sortOrder":35},{"sectionNumber":"32","sectionType":"section","heading":"Maternity leave starting before transfer day","content":"#### 32 Maternity leave starting before transfer day\n\n  (1) This section applies in relation to a person if:\n    (a) immediately before the transfer day, the person was a female employee of a statutory authority who was on leave granted under the Maternity Leave Act; and\n    (b) the person becomes an employee of the industry services body on the transfer day; and\n    (c) the person would have been entitled to have remained on that leave on and after the transfer day if the person had continued to be an employee of the statutory authority.\n  (2) On and after the transfer day, the Maternity Leave Act continues to apply to the person in relation to the confinement in respect of which the leave was granted as if the industry services body were a prescribed authority for the purposes of that Act.","sortOrder":36},{"sectionNumber":"33","sectionType":"section","heading":"Maternity leave starting after transfer day","content":"#### 33 Maternity leave starting after transfer day\n\n  (1) This section applies in relation to a person if:\n    (a) immediately before the transfer day, the person was a female employee of a statutory authority; and\n    (b) the person becomes an employee of the industry services body on the transfer day; and\n    (c) within 9 months after the transfer day, the person would have been entitled to start leave granted under the Maternity Leave Act if the person had continued to be an employee of the statutory authority.\n  (2) On and after the transfer day, the Maternity Leave Act continues to apply to the person in relation to the confinement in respect of which she would have been entitled to leave as if the industry services body were a prescribed authority for the purposes of that Act.","sortOrder":37},{"sectionNumber":"Subdivision E","sectionType":"subdivision","heading":"Provisions relating to superannuation","content":"An Act to deal with matters consequential on the enactment of the Horticulture Marketing and Research and Development Services Act 2000, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Horticulture Marketing and Research and Development Services (Repeals and Consequential Provisions) Act 2000.\n\n#### 2 Commencement\n\n  (1) Subject to this section, this Act commences at the same time as Part 2 of the Horticulture Marketing and Research and Development Services Act 2000.\n  (2) Schedules 1 (repeals) and 2 (consequential amendments) commence on the transfer day, immediately after the transfer of assets, liabilities and staff under Part 2.\n\n> Note: See sections 12 and 13 for the transfer day, and the time at which the transfer occurs.\n\n  (3) Schedule 3 (references to Administrative Appeals Tribunal) commences at the later of:\n    (a) the time when Parts 4 to 10 of the Act that establishes the Administrative Review Tribunal commence; and\n    (b) the time immediately after the Horticulture Marketing and Research and Development Services Act 2000 receives the Royal Assent.\n\n> Note: The short title of the Act that establishes the Administrative Review Tribunal is either the Administrative Review Tribunal Act 2000 or the Administrative Review Tribunal Act 2001.\n\n  (4) Schedule 4 (operation of the Privacy Act) commences at the later of:\n    (a) the time when Schedule 1 to the Privacy Amendment (Private Sector) Act 2000 commences; and\n    (b) the time immediately after the Horticulture Marketing and Research and Development Services Act 2000 receives the Royal Assent.\n\n#### 3 Simplified outline\n\n  The following is a simplified outline of this Act:\n\nThis Act deals with the transition from the Australian Horticultural Corporation, Horticultural Research and Development Corporation and the Australian Dried Fruits Board to new bodies. The new bodies are those declared under the Horticulture Marketing and Research and Development Services Act 2000.\n\nThe Minister must determine a transfer day (see section 12).\n\nOn the transfer day assets, liabilities and staff of the Corporations and the Board are transferred to the new industry services body (see Divisions 2, 3 and 4 of Part 2).\n\nThe system of export controls in place under the Australian Horticultural Corporation Act 1987 is kept in place for a maximum period of 2 years after the transfer day. Export controls on particular products can be phased out during the 2 year period, as controls on those products are brought in under the Horticulture Marketing and Research and Development Services Act 2000 (see Division 5 of Part 2 of this Act).\n\nThe Australian Horticultural Corporation Act 1987 and the Horticultural Research and Development Corporation Act 1987 are repealed once the assets, liabilities and staff of the bodies established by those Acts have been transferred to the new industry services body.\n\n#### 4 Definitions\n\n  (1) In this Act, unless the contrary intention appears:\n\n> ADF Trust Amount has the meaning given by section 17.\n\n> APS employee has the same meaning as in the Public Service Act 1999.\n\n> assets means any legal or equitable estate or interest of the authority in real or personal property (whether actual, contingent or prospective) and includes all rights, powers, privileges and immunities (whether actual, contingent or prospective).\n\n> assets official means a person or authority who, under a law, has responsibility for keeping a register in relation to assets of the kind concerned.\n\n> combined service period, in relation to an employee, means the total of:\n\n    (a) the period that is, immediately before the transfer day, 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 the industry services body.\n\n> DFRDB Act means the Defence Force Retirement and Death Benefits Act 1973.\n\n> Dried Fruits Trust has the meaning given by section 17.\n\n> employee, in relation to a statutory authority, means a person who was, immediately before the transfer day, an officer or an employee of the authority, and includes the Chief Executive Officer, Managing Director or General Manager of the authority.\n\n> industry export control body means the body for the time being declared to be the industry export control body under the Horticulture Marketing and Research and Development Services Act 2000.\n\n> industry services body means the body that was the industry services body under the Horticulture Marketing and Research and Development Services Act 2000 on 31 December 2024.\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> liabilities means all liabilities, duties and obligations, 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 transfer day.\n\n> Maternity Leave Act means the Maternity Leave (Commonwealth Employees) Act 1973, as in force immediately before the transfer day.\n\n> post‑commencement long service leave rights, in relation to an employee, means any long service leave rights the employee acquires on or after the transfer day under an award, determination, industrial agreement or law (other than this Act).\n\n> previous employer, in relation to a transferred employee, means the statutory authority that employed the employee immediately before the transfer day.\n\n> SRC Act means the Safety, Rehabilitation and Compensation Act 1988, as in force immediately before the transfer day.\n\n> statutory authority means:\n\n    (a) the Australian Horticultural Corporation; or\n    (b) the Horticultural Research and Development Corporation; or\n    (c) the Australian Dried Fruits Board.\n\n> transfer day means the day specified by the Minister as the transfer day in a determination under section 12.\n\n> transferred employee means a person whose employment is transferred under section 24.\n\n> transitional period means the period of 24 months beginning on the transfer day.\n\n  (2) Expressions used in this Act that are defined in the Horticulture Marketing and Research and Development Services Act 2000 have the same meanings as they have in that Act.\n  (3) Expressions used in Subdivision F of Division 4 of Part 2 that are defined in the Long Service Leave Act have the same meanings as they have in that Act.\n\n#### 5 Crown to be bound\n\n  This Act binds the Crown in each of its capacities.\n\n#### 6 Extra‑territorial operation\n\n  This Act applies both within and outside Australia.\n\n## Part 2—Transitional provisions\n\n### Division 2—Transfer day\n\n#### 11 Simplified outline\n\n  The following is a simplified outline of this Division:\n\nThis Division provides for the Minister to determine the transfer day.\n\n#### 12 Minister must determine transfer day\n\n  (1) The Minister must determine, in writing, that a specified day is the transfer day for the purposes of this Act.\n  (2) The day:\n    (a) must not be a day before both of the following declarations have taken effect under section 9 of the Horticulture Marketing and Research and Development Services Act 2000:\n    (i) the first declaration of the industry services body;\n    (ii) the first declaration of the industry export control body; and\n    (b) must be a day within the period of 6 months after the commencement of this section.\n  (3) The determination has effect accordingly.\n  (4) A copy of the determination is to be published in the Gazette within 14 days after the determination is made.\n  (5) The determination can be varied or revoked by the Minister in the same manner in which it was made, but it cannot be varied or revoked on or after the day specified in the determination as the transfer day.\n  (6) The determination is not invalid merely because it has not been published as required under subsection (4).\n\n#### 13 Time of transfers\n\n  Any transfer occurring under this Part is taken to occur immediately after the end of the day before the transfer day.\n\n### Division 3—Transfer of assets and liabilities etc.\n\n#### 14 Simplified outline\n\n  The following is a simplified outline of this Division:\n\nOn the transfer day, the assets and liabilities of the 3 statutory authorities vest in the new industry services body.\n\nSpecial provision is made for the transfer of certain money of the Australian Dried Fruits Board (see section 17).\n\nTransfers are not subject to taxation (see section 19).\n\nOther transitional matters (such as the transfer of records, outstanding money and legal proceedings) are also dealt with.\n\n#### 15 Transfers subject to conditions\n\n  The deed of agreement may contain conditions relating to an asset or liability, or a class of assets or liabilities, transferred to the industry services body under this Act.\n\n> Note: The Horticulture Marketing and Research and Development Services Act 2000 and the of deed of agreement provide for the consequences of a breach of the deed by the industry services body (see sections 10, 16 and 27 of that Act, and the provisions of the deed).\n\n#### 16 Transfer of assets and liabilities\n\n  (1) This section applies to:\n    (a) the assets of a statutory authority (other than the ADF Trust Amount); and\n    (b) the liabilities of a statutory authority (other than a liability referred to in section 28).\n\n> Note: The transfer of the ADF Trust Amount is dealt with in section 17.\n\n  (3) On the transfer day:\n    (a) the assets and liabilities cease to be assets and liabilities of the authority and become assets and liabilities of the industry services body without any conveyance, transfer or assignment; and\n    (b) the industry services body becomes the statutory authority’s successor in law in relation to the assets and liabilities immediately after they become assets and liabilities of the industry services body.\n\n> Note: See also sections 18 and 21.\n\n#### 17 ADF Trust Amount\n\n  (1) The Minister may determine, in writing, that:\n    (a) a particular amount of money of the Australian Dried Fruits Board is the ADF Trust Amount for the purposes of this section; and\n    (b) a particular trust is the Dried Fruits Trust for the purposes of this section.\n  (2) If the Minister has made a determination under subsection (1) before the transfer day, the ADF Trust Amount vests in the trustees on the transfer day and is held on trust by the trustees for the purposes of the Dried Fruits Trust.\n  (3) If the ADF Trust Amount is transferred under subsection (2), it vests in the trustees without any conveyance, transfer or assignment.\n  (4) A copy of the determination is to be published in the Gazette within 14 days after the determination is made.\n  (5) The determination is not invalid merely because it has not been published as required under subsection (4).\n\n#### 18 Transfer of pending proceedings\n\n  (1) This section applies if, as a result of a transfer under this Act, a person (the successor) becomes the successor in law of another person (the original person) at a particular time in relation to a particular asset, liability, right, benefit or obligation.\n  (2) If any proceedings to which the original person was a party:\n    (a) were pending in any court or tribunal immediately before that time; and\n    (b) related, in whole or in part, to the asset, liability, right, benefit or obligation, as the case may be;\n  the successor is, by force of this subsection, substituted for the original person as a party to the proceedings to the extent to which the proceedings relate to the asset, liability, right, benefit or obligation, as the case requires.\n\n#### 19 Exemption from taxation\n\n  Stamp duty or other tax is not payable under a law of a State or Territory in respect of:\n    (a) a transfer of an asset or liability of a statutory authority under this Act; or\n    (b) anything done (including a transaction entered into or an instrument or document made, executed, lodged or given) because of, or for a purpose connected with or arising out of, such a transfer.\n\n#### 19A Operation of GST Law\n\n  (1) For the purposes of the GST Law, a transfer to a person or body under section 16 or 17 of this Act is taken to be consideration provided by the Commonwealth to that person or body for:\n    (a) in the case of a transfer under section 16—entering into obligations under the deed of agreement by the industry services body; and\n    (b) in the case of a transfer under section 17—entering into obligations under the deed of trust establishing the Dried Fruits Trust by the trustees of that Trust.\n  (2) Expressions used in this section have the same meanings as they have in the A New Tax System (Goods and Services Tax) Act 1999.\n\n#### 20 References in certain instruments\n\n  (1) An instrument to which subsection (2) applies continues to have effect on and after the transfer day as if a reference in the instrument to the statutory authority were a reference to the industry services body.\n  (2) This subsection applies to an instrument if it is:\n    (a) in operation immediately before the transfer day; and\n    (b) is an instrument:\n    (i) to which a statutory authority is a party; or\n    (ii) which was given to, or in favour of, a statutory authority; or\n    (iii) in which a reference is made to a statutory authority; or\n    (iv) under which any right or liability accrues or may accrue to a statutory authority.\n\n#### 21 Certificates in relation to assets\n\n  (1) This section applies if:\n    (a) an asset (other than money) becomes an asset of the industry services body under this Division; and\n    (b) there is lodged with an assets official a certificate that:\n    (i) is signed by the Secretary; and\n    (ii) identifies the asset; and\n    (iii) states that the asset has become an asset of the body under this Division.\n\n> Note: For the meaning of assets official, see section 4.\n\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) A document that appears to be a certificate under subsection (1) is taken to be such a certificate, and to have been properly given, unless the contrary is established.\n\n### Division 4—Transfer of staff\n\n#### Subdivision A—Preliminary\n\n#### 23 Simplified outline\n\n  The following is a simplified outline of this Division:\n\nOn the transfer day, the staff of the 3 statutory authorities are transferred to the new industry services body on the same terms and conditions, and with the same accrued entitlements, that they had before the transfer (see section 25).\n\nThe terms and conditions on which the staff are transferred can be varied after the transfer (see section 26).\n\nOther provisions deal with the application of certain Commonwealth Acts (such as superannuation Acts and the Maternity Leave Act).\n\n#### 24 Transfer of staff\n\n  On the transfer day, each employee of a statutory authority ceases to be employed by the statutory authority and is taken to have been engaged as an employee of the industry services body immediately after that cessation.\n\n#### 25 Terms and conditions of transferred employees\n\n  (1) A transferred employee is taken:\n    (a) to have been engaged by the industry services body on the same terms and conditions as those that applied to the person, immediately before the transfer day, as an employee of the previous employer; and\n    (b) to have accrued an entitlement to benefits, in connection with that engagement by the industry services body, that is equivalent to the entitlement that the person had accrued, as an employee of the previous employer, immediately before the employee’s transfer time.\n\n> Note: For previous employer, see section 4.\n\n  (2) The service of a transferred employee as an employee of the industry services body is taken, for all purposes, to have been continuous with the service of the employee, immediately before the transfer day, as an employee of the previous employer.\n  (3) A transferred employee is not entitled to receive any payment or other benefit merely because he or she stopped being an employee of the previous employer as a result of this Division.\n  (4) 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#### 26 Variation of terms and conditions of employment\n\n  (1) This Division does not prevent the terms and conditions of a transferred employee’s employment after the transfer day 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> 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#### 27 Continued application of SRC Act\n\n  The SRC Act continues to apply on and after the transfer day in relation to:\n    (a) injuries suffered before that time by an employee of a statutory authority; and\n    (b) loss of, or damage to, property incurred before that time by an employee of a statutory authority.\n\n#### 28 Commonwealth liability to meet certain SRC Act liabilities\n\n  On and after the transfer day, the Commonwealth:\n    (a) is liable to pay the liabilities of the statutory authorities under section 128A of the SRC Act; and\n    (b) subject to section 29, is taken to have been the employer of the employees of the statutory authorities before the transfer day for the purposes of the application of the SRC Act in relation to those liabilities.\n\n#### 29 SRC Act: rehabilitation provisions\n\n  (1) If a transferred employee had, before the transfer day, suffered an injury resulting in an incapacity for work or an impairment, the employee’s employer 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 transferred employee.\n  (2) On and after the transfer day, the industry services body is, for the purposes of section 40 of the SRC Act, taken to be the relevant employer of each transferred employee employed by the industry services body.\n  (3) On and after the transfer day, the industry services body is, for the purposes of applying section 71 of the SRC Act in relation to each transferred employee, taken to be a Commonwealth authority.\n  (4) Expressions used in this section have the same meanings as they have in the SRC Act.\n\n#### 30 Premiums under the SRC Act\n\n  (1) The Safety, Rehabilitation and Compensation Commission must, as soon as practicable after the transfer day, determine the amount (if any) by which the confirmed estimate of premium for each statutory authority for the relevant financial year should be reduced.\n  (2) If:\n    (a) an amount equal to the confirmed estimate of premium for a statutory authority for the relevant financial year has been paid to the Commonwealth under section 96G of the SRC Act; and\n    (b) the amount of the confirmed estimate of premium is reduced as a result of a determination under subsection (1);\n  the Secretary 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 the industry services body in accordance with the direction.\n  (3) A direction by the Secretary 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 gives a direction, the amount or amounts to which it relates are payable out of the Consolidated Revenue Fund, which is appropriated accordingly, to the industry services body.\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 confirmed estimate of premium for a statutory authority for the relevant financial year and the amount of that confirmed estimate as reduced because of a determination under subsection (1).\n\n> relevant financial year means the financial year in which the transfer day occurs.\n\n  (9) Expressions used in this section have the same meanings as they have in the SRC Act.\n\n#### Subdivision C—Deferred Defence Force Retirement and Death Benefits Act benefits\n\n#### 31 Saving: deferred benefits under the DFRDB Act\n\n  (1) This section applies to a transferred employee of the industry services body if, immediately before the transfer day, the employee was a person to whom deferred benefits were applicable under section 78 of the DFRDB Act.\n  (2) For the purposes of Division 3 of Part IX of the DFRDB Act, the employee is taken to continue in public employment on and after the transfer day while the employee continues to be employed by the industry services body.\n  (3) This section is subject to Division 3 of Part IX of the DFRDB Act.\n\n#### Subdivision D—Maternity leave provisions\n\n#### 32 Maternity leave starting before transfer day\n\n  (1) This section applies in relation to a person if:\n    (a) immediately before the transfer day, the person was a female employee of a statutory authority who was on leave granted under the Maternity Leave Act; and\n    (b) the person becomes an employee of the industry services body on the transfer day; and\n    (c) the person would have been entitled to have remained on that leave on and after the transfer day if the person had continued to be an employee of the statutory authority.\n  (2) On and after the transfer day, the Maternity Leave Act continues to apply to the person in relation to the confinement in respect of which the leave was granted as if the industry services body were a prescribed authority for the purposes of that Act.\n\n#### 33 Maternity leave starting after transfer day\n\n  (1) This section applies in relation to a person if:\n    (a) immediately before the transfer day, the person was a female employee of a statutory authority; and\n    (b) the person becomes an employee of the industry services body on the transfer day; and\n    (c) within 9 months after the transfer day, the person would have been entitled to start leave granted under the Maternity Leave Act if the person had continued to be an employee of the statutory authority.\n  (2) On and after the transfer day, the Maternity Leave Act continues to apply to the person in relation to the confinement in respect of which she would have been entitled to leave as if the industry services body were a prescribed authority for the purposes of that Act.\n\n#### Subdivision E—Provisions relating to superannuation\n\n#### 34 Application of the Superannuation Act 1922\n\n  Section 145 of the Superannuation Act 1922 does not apply in relation to the industry services body.\n\n#### 35 Application of other Superannuation Acts\n\n  The industry services body is not an approved authority for the purposes of the Superannuation Act 1976 or the Superannuation Act 1990.\n\n#### 36 Application of the Superannuation Benefits (Supervisory Mechanisms) Act 1990\n\n  (1) The Minister must not declare the industry services body 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 F—Provisions relating to long service leave\n\n#### 37 Long service leave for employees with less than 10 years service\n\n  (1) This section applies in relation to a person:\n    (a) who became a transferred employee of the industry services body on the transfer day; and\n    (b) whose period of service for the purposes of the Long Service Leave Act immediately before the transfer day 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 the industry services body until his or her combined service period is at least 10 years, the industry services body may grant the employee long service leave on full salary for a period up to the employee’s long service leave credit under subsection 40(1).\n  (4) If:\n    (a) the employee stops being an employee of the industry services body 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 the industry services body is at least one year;\n  the industry services body may grant the employee long service leave on full salary for a period up to the employee’s long service leave credit under subsection 40(1).\n  (5) If a period of long service leave may be granted to an employee under subsection (3) or (4), the industry services body 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 37 of the Horticulture Marketing and Research and Development Services (Repeals and Consequential Provisions) Act 2000”.\n\n#### 38 Payments in lieu of long service leave for employees with less than 10 years service\n\n  (1) This section applies to a person:\n    (a) who became a transferred employee on the transfer day; and\n    (b) whose period of service for the purposes of the Long Service Leave Act immediately before the transfer day 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 the industry services body on or after the day on which his or her combined service period reaches 10 years, the industry services body must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 40(2).\n  (4) If:\n    (a) the employee stops being an employee of the industry services body, 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  the industry services body must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 40(2).\n  (5) If:\n    (a) the employee stops being an employee of the industry services body; and\n    (b) the industry services body is satisfied that the employee left the industry services body’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  the industry services body must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 40(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 38 of the Horticulture Marketing and Research and Development Services (Repeals and Consequential Provisions) Act 2000”.\n\n#### 39 Payments on the death of an employee\n\n  (1) This section applies to a person who was an employee of a statutory authority immediately before the transfer day if, at that time, the employee’s period of service for the purposes of the Long Service Leave Act was less than 10 years.\n  (2) If the person dies on or after the transfer day and immediately before his or her death:\n    (a) the person was an employee of the industry services body; and\n    (b) the person’s combined service period was at least one year; and\n    (c) the person had one or more dependants;\n  the industry services body 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 38 if, on the day of his or her death, the person had instead stopped being an employee of the industry services body 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 the industry services body; and\n    (b) a reference in that section to the approving authority were a reference to the industry services body; and\n    (c) for the expression “this Act” in that section there were substituted the expression “section 39 of the Horticulture Marketing and Research and Development Services (Repeals and Consequential Provisions) Act 2000”; and\n    (d) for the expression “subsection 16(7) or 17(5)” there were substituted the expression “section 39 of the Horticulture Marketing and Research and Development Services (Repeals and Consequential Provisions) Act 2000”.\n\n#### 40 Employee’s long service leave credit for the purposes of sections 37 and 38\n\n  (1) For the purposes of section 37, 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 on the transfer day;\n  if the employee had been retrenched on that day.\n  (2) For the purposes of section 38, 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 37.\n\n#### 41 Employees with at least 10 years service\n\n  (1) This section applies to an employee of a statutory authority whose period of service under the Long Service Leave Act was at least 10 years immediately before the transfer day.\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 if the employee becomes an employee of the industry services body on the transfer day. 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 on and after the transfer day in relation to the employee’s rights under that Act that accrued before the transfer day, as if the industry services body were an approving authority for the purposes of that Act.\n\n#### 42 Division not to affect post‑commencement long service leave rights\n\n  This Division does not affect an employee’s post‑commencement long service leave rights.\n\n> Note: For the meaning of post‑commencement long service leave rights, see section 4.\n\n#### Subdivision G—Staff with mobility rights\n\n#### 43 Cessation of mobility rights\n\n  If a transferred employee had rights under section 6 or 7 of the Public Employment (Consequential and Transitional) Amendment Act 1999 immediately before the transfer day, the employee ceases to have those rights, and ceases to be an APS employee, on the transfer day.\n\n> Note: For the meaning of APS employee, see section 4.\n\n### Division 5—Transitional period for export controls\n\n#### 44 Simplified outline\n\n  The following is a simplified outline of this Division:\n\nThe system of export controls in place under the Australian Horticultural Corporation Act 1987 is continued after the transfer day for a transitional period (a maximum of 2 years).\n\nDuring the transitional period most of the export control powers that the Australian Horticultural Corporation had can be exercised by the new industry export control body.\n\n#### 45 Continuation of export controls despite repeal of AHC Act\n\n  (1) In spite of the repeal of the Australian Horticultural Corporation Act 1987 (the Act):\n    (a) Part V of the Act continues in force after the repeal; and\n    (b) regulations, orders and other instruments made under the Act for the purposes of Part V that were in force immediately before the repeal continue in force.\n  (2) Any other provision of the Act that is necessary for the effective operation of Part V of the Act (as continued in force under subsection (1)) also continues in force in spite of the repeal but applies only to the extent that it relates to the operation of Part V.\n  (3) Without limiting subsection (2), sections 121 and 122 of the Act continue in force to the extent that regulations and orders relating to the operation of Part V (including regulations, or orders, amending or repealing earlier regulations or orders) may be made under them.\n  (4) Chapter 2 (other than Part 2.5) of the Criminal Code applies to all offences against Part V of the Act.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n  (5) The offences in subsections 118(1) and (2) of the Act are offences of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (6) For the purposes of subsection 118(2) of the Act, the defendant bears an evidential burden in relation to the matter of whether the defendant has a reasonable excuse.\n\n> Note: For evidential burdens, see subsection 13.3(3) of the Criminal Code.\n\n#### 46 References to AHC and Product Board\n\n  (1) During the transitional period, references to powers, duties or functions of the Corporation or of a Board in Part V of the Act or in an instrument in force under Part V are taken to be references to powers, duties or functions of the industry export control body.\n\n> Note: For transitional period and industry export control body, see section 4.\n\n  (2) However, in spite of subsection (1), the industry export control body does not, during the transitional period, have the power:\n    (a) to prohibit the export of a product to a specified place unless the export of the product to that place was prohibited immediately before the transfer day; or\n    (b) to revoke or vary a prohibition of export to a specified place.\n\n> Note: The power to prohibit the export of a horticultural product to a specified place is given to the Corporation by regulation 5 of the Australian Horticultural Corporation (Export Control) Regulations 1990.\n\n#### 47 Phasing out of export controls under Part V of AHC Act\n\n  (1) If:\n    (a) the export of a horticultural product to a place is prohibited under the Australian Horticultural Corporation (Export Control) Regulations 1990 or the Australian Horticultural Corporation (Dried Fruits Export Control) Regulations 1991; and\n    (b) during the transitional period, the product and the place are the subject of an order (the new order) under section 19 of the Horticulture Marketing and Research and Development Services Act 2000;\n  Part V (and any instrument made under, or for the purposes of, Part V) ceases, at the time of the new order, to have effect in relation to the export of that product to that place.\n  (2) If, at the end of the transitional period, Part V of the Act still has effect in relation to any horticultural product, it (and any instrument made under, or for the purposes of, Part V) ceases to have effect immediately after the end of the transitional period.\n\n### Division 6—Final annual reports\n\n#### 48 Simplified outline\n\n  The following is a simplified outline of this Division:\n\nEach of the 3 statutory authorities must produce a final annual report covering the authority’s operations and financial status up to the transfer day.\n\n#### 49 Final annual report: Australian Horticultural Corporation\n\n  (1) In spite of the repeal of the Australian Horticultural Corporation Act 1987:\n    (a) the Australian Horticultural Corporation continues in existence for the purpose of giving the Minister the report required under section 9 of the Commonwealth Authorities and Companies Act 1997 in relation to the period starting on the last 1 July before the transfer day and ending on the transfer day; and\n    (b) for that purpose, the membership of the Corporation immediately before the transfer day is taken to be the same on and after the transfer day.\n  (2) For the purposes of the application of section 9 of the Commonwealth Authorities and Companies Act 1997 to the report referred to in subsection (1):\n    (a) the period starting on the last 1 July before the transfer day and ending on the transfer day is taken to be a financial year; and\n    (b) the Australian Horticultural Corporation Act 1987 continues to have effect as if it had not been repealed.\n\n#### 50 Final annual report: Australian Dried Fruits Board\n\n  (1) In spite of the repeal of the Australian Horticultural Corporation Act 1987:\n    (a) the Australian Dried Fruits Board continues in existence for the purpose of giving the Minister the report required under section 9 of the Commonwealth Authorities and Companies Act 1997 in relation to the period starting on the last 1 July before the transfer day and ending on the transfer day; and\n    (b) for that purpose, the membership of the Board immediately before the transfer day is taken to be the same on and after the transfer day.\n  (2) For the purposes of the application of section 9 of the Commonwealth Authorities and Companies Act 1997 to the report referred to in subsection (1):\n    (a) the period starting on the last 1 July before the transfer day and ending on the transfer day is taken to be a financial year; and\n    (b) the Australian Horticultural Corporation Act 1987 continues to have effect as if it had not been repealed; and\n    (c) the reference in paragraph 101A(b) of that Act to 31 August after the end of the financial year is taken to be a reference to the day occurring 8 weeks after the transfer day; and\n    (d) the reference in subsection 30A(1) of that Act to 15 October after the end of each financial year is taken to be a reference to the day occurring 14 weeks after the transfer day.\n\n#### 51 Final annual report: Horticultural Research and Development Corporation\n\n  (1) In spite of the repeal of the Horticultural Research and Development Corporation Act 1987:\n    (a) the Horticultural Research and Development Corporation continues in existence for the purpose of giving the Minister the report required under section 9 of the Commonwealth Authorities and Companies Act 1997 in relation to the period starting on the last 1 July before the transfer day and ending on the transfer day; and\n    (b) for that purpose, the membership of the Corporation immediately before the transfer day is taken to be the same on and after the transfer day.\n  (2) For the purposes of the application of section 9 of the Commonwealth Authorities and Companies Act 1997 to the report referred to in subsection (1):\n    (a) the period starting on the last 1 July before the transfer day and ending on the transfer day is taken to be a financial year; and\n    (b) the Australian Horticultural Research and Development Corporation Act 1987 continues to have effect as if it had not been repealed.\n\n### Division 7—Miscellaneous\n\n#### 52 Delegation of Secretary’s powers\n\n  The Secretary may delegate all or any of the Secretary’s powers under this Act, the regulations or orders to an APS employee in the Department who has appropriate skills or experience. The delegation must be in writing.\n\n> Note: For the meaning of APS employee, see section 4.\n\n#### 53 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 and just terms have the same respective meanings as in paragraph 51(xxxi) of the Constitution.\n\n#### 54 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 dealing with other transitional matters arising out of the repeal of the Australian Horticultural Corporation Act 1987 and the Horticultural Research and Development Corporation Act 1987 and the enactment of this Act and the Horticulture Marketing and Research and Development Services Act 2000.","sortOrder":38},{"sectionNumber":"34","sectionType":"section","heading":"Application of the Superannuation Act 1922","content":"#### 34 Application of the Superannuation Act 1922\n\n  Section 145 of the Superannuation Act 1922 does not apply in relation to the industry services body.","sortOrder":39},{"sectionNumber":"35","sectionType":"section","heading":"Application of other Superannuation Acts","content":"#### 35 Application of other Superannuation Acts\n\n  The industry services body is not an approved authority for the purposes of the Superannuation Act 1976 or the Superannuation Act 1990.","sortOrder":40},{"sectionNumber":"36","sectionType":"section","heading":"Application of the Superannuation Benefits (Supervisory Mechanisms) Act 1990","content":"#### 36 Application of the Superannuation Benefits (Supervisory Mechanisms) Act 1990\n\n  (1) The Minister must not declare the industry services body 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 F","sectionType":"subdivision","heading":"Provisions relating to long service leave","content":"An Act to deal with matters consequential on the enactment of the Horticulture Marketing and Research and Development Services Act 2000, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Horticulture Marketing and Research and Development Services (Repeals and Consequential Provisions) Act 2000.\n\n#### 2 Commencement\n\n  (1) Subject to this section, this Act commences at the same time as Part 2 of the Horticulture Marketing and Research and Development Services Act 2000.\n  (2) Schedules 1 (repeals) and 2 (consequential amendments) commence on the transfer day, immediately after the transfer of assets, liabilities and staff under Part 2.\n\n> Note: See sections 12 and 13 for the transfer day, and the time at which the transfer occurs.\n\n  (3) Schedule 3 (references to Administrative Appeals Tribunal) commences at the later of:\n    (a) the time when Parts 4 to 10 of the Act that establishes the Administrative Review Tribunal commence; and\n    (b) the time immediately after the Horticulture Marketing and Research and Development Services Act 2000 receives the Royal Assent.\n\n> Note: The short title of the Act that establishes the Administrative Review Tribunal is either the Administrative Review Tribunal Act 2000 or the Administrative Review Tribunal Act 2001.\n\n  (4) Schedule 4 (operation of the Privacy Act) commences at the later of:\n    (a) the time when Schedule 1 to the Privacy Amendment (Private Sector) Act 2000 commences; and\n    (b) the time immediately after the Horticulture Marketing and Research and Development Services Act 2000 receives the Royal Assent.\n\n#### 3 Simplified outline\n\n  The following is a simplified outline of this Act:\n\nThis Act deals with the transition from the Australian Horticultural Corporation, Horticultural Research and Development Corporation and the Australian Dried Fruits Board to new bodies. The new bodies are those declared under the Horticulture Marketing and Research and Development Services Act 2000.\n\nThe Minister must determine a transfer day (see section 12).\n\nOn the transfer day assets, liabilities and staff of the Corporations and the Board are transferred to the new industry services body (see Divisions 2, 3 and 4 of Part 2).\n\nThe system of export controls in place under the Australian Horticultural Corporation Act 1987 is kept in place for a maximum period of 2 years after the transfer day. Export controls on particular products can be phased out during the 2 year period, as controls on those products are brought in under the Horticulture Marketing and Research and Development Services Act 2000 (see Division 5 of Part 2 of this Act).\n\nThe Australian Horticultural Corporation Act 1987 and the Horticultural Research and Development Corporation Act 1987 are repealed once the assets, liabilities and staff of the bodies established by those Acts have been transferred to the new industry services body.\n\n#### 4 Definitions\n\n  (1) In this Act, unless the contrary intention appears:\n\n> ADF Trust Amount has the meaning given by section 17.\n\n> APS employee has the same meaning as in the Public Service Act 1999.\n\n> assets means any legal or equitable estate or interest of the authority in real or personal property (whether actual, contingent or prospective) and includes all rights, powers, privileges and immunities (whether actual, contingent or prospective).\n\n> assets official means a person or authority who, under a law, has responsibility for keeping a register in relation to assets of the kind concerned.\n\n> combined service period, in relation to an employee, means the total of:\n\n    (a) the period that is, immediately before the transfer day, 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 the industry services body.\n\n> DFRDB Act means the Defence Force Retirement and Death Benefits Act 1973.\n\n> Dried Fruits Trust has the meaning given by section 17.\n\n> employee, in relation to a statutory authority, means a person who was, immediately before the transfer day, an officer or an employee of the authority, and includes the Chief Executive Officer, Managing Director or General Manager of the authority.\n\n> industry export control body means the body for the time being declared to be the industry export control body under the Horticulture Marketing and Research and Development Services Act 2000.\n\n> industry services body means the body that was the industry services body under the Horticulture Marketing and Research and Development Services Act 2000 on 31 December 2024.\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> liabilities means all liabilities, duties and obligations, 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 transfer day.\n\n> Maternity Leave Act means the Maternity Leave (Commonwealth Employees) Act 1973, as in force immediately before the transfer day.\n\n> post‑commencement long service leave rights, in relation to an employee, means any long service leave rights the employee acquires on or after the transfer day under an award, determination, industrial agreement or law (other than this Act).\n\n> previous employer, in relation to a transferred employee, means the statutory authority that employed the employee immediately before the transfer day.\n\n> SRC Act means the Safety, Rehabilitation and Compensation Act 1988, as in force immediately before the transfer day.\n\n> statutory authority means:\n\n    (a) the Australian Horticultural Corporation; or\n    (b) the Horticultural Research and Development Corporation; or\n    (c) the Australian Dried Fruits Board.\n\n> transfer day means the day specified by the Minister as the transfer day in a determination under section 12.\n\n> transferred employee means a person whose employment is transferred under section 24.\n\n> transitional period means the period of 24 months beginning on the transfer day.\n\n  (2) Expressions used in this Act that are defined in the Horticulture Marketing and Research and Development Services Act 2000 have the same meanings as they have in that Act.\n  (3) Expressions used in Subdivision F of Division 4 of Part 2 that are defined in the Long Service Leave Act have the same meanings as they have in that Act.\n\n#### 5 Crown to be bound\n\n  This Act binds the Crown in each of its capacities.\n\n#### 6 Extra‑territorial operation\n\n  This Act applies both within and outside Australia.\n\n## Part 2—Transitional provisions\n\n### Division 2—Transfer day\n\n#### 11 Simplified outline\n\n  The following is a simplified outline of this Division:\n\nThis Division provides for the Minister to determine the transfer day.\n\n#### 12 Minister must determine transfer day\n\n  (1) The Minister must determine, in writing, that a specified day is the transfer day for the purposes of this Act.\n  (2) The day:\n    (a) must not be a day before both of the following declarations have taken effect under section 9 of the Horticulture Marketing and Research and Development Services Act 2000:\n    (i) the first declaration of the industry services body;\n    (ii) the first declaration of the industry export control body; and\n    (b) must be a day within the period of 6 months after the commencement of this section.\n  (3) The determination has effect accordingly.\n  (4) A copy of the determination is to be published in the Gazette within 14 days after the determination is made.\n  (5) The determination can be varied or revoked by the Minister in the same manner in which it was made, but it cannot be varied or revoked on or after the day specified in the determination as the transfer day.\n  (6) The determination is not invalid merely because it has not been published as required under subsection (4).\n\n#### 13 Time of transfers\n\n  Any transfer occurring under this Part is taken to occur immediately after the end of the day before the transfer day.\n\n### Division 3—Transfer of assets and liabilities etc.\n\n#### 14 Simplified outline\n\n  The following is a simplified outline of this Division:\n\nOn the transfer day, the assets and liabilities of the 3 statutory authorities vest in the new industry services body.\n\nSpecial provision is made for the transfer of certain money of the Australian Dried Fruits Board (see section 17).\n\nTransfers are not subject to taxation (see section 19).\n\nOther transitional matters (such as the transfer of records, outstanding money and legal proceedings) are also dealt with.\n\n#### 15 Transfers subject to conditions\n\n  The deed of agreement may contain conditions relating to an asset or liability, or a class of assets or liabilities, transferred to the industry services body under this Act.\n\n> Note: The Horticulture Marketing and Research and Development Services Act 2000 and the of deed of agreement provide for the consequences of a breach of the deed by the industry services body (see sections 10, 16 and 27 of that Act, and the provisions of the deed).\n\n#### 16 Transfer of assets and liabilities\n\n  (1) This section applies to:\n    (a) the assets of a statutory authority (other than the ADF Trust Amount); and\n    (b) the liabilities of a statutory authority (other than a liability referred to in section 28).\n\n> Note: The transfer of the ADF Trust Amount is dealt with in section 17.\n\n  (3) On the transfer day:\n    (a) the assets and liabilities cease to be assets and liabilities of the authority and become assets and liabilities of the industry services body without any conveyance, transfer or assignment; and\n    (b) the industry services body becomes the statutory authority’s successor in law in relation to the assets and liabilities immediately after they become assets and liabilities of the industry services body.\n\n> Note: See also sections 18 and 21.\n\n#### 17 ADF Trust Amount\n\n  (1) The Minister may determine, in writing, that:\n    (a) a particular amount of money of the Australian Dried Fruits Board is the ADF Trust Amount for the purposes of this section; and\n    (b) a particular trust is the Dried Fruits Trust for the purposes of this section.\n  (2) If the Minister has made a determination under subsection (1) before the transfer day, the ADF Trust Amount vests in the trustees on the transfer day and is held on trust by the trustees for the purposes of the Dried Fruits Trust.\n  (3) If the ADF Trust Amount is transferred under subsection (2), it vests in the trustees without any conveyance, transfer or assignment.\n  (4) A copy of the determination is to be published in the Gazette within 14 days after the determination is made.\n  (5) The determination is not invalid merely because it has not been published as required under subsection (4).\n\n#### 18 Transfer of pending proceedings\n\n  (1) This section applies if, as a result of a transfer under this Act, a person (the successor) becomes the successor in law of another person (the original person) at a particular time in relation to a particular asset, liability, right, benefit or obligation.\n  (2) If any proceedings to which the original person was a party:\n    (a) were pending in any court or tribunal immediately before that time; and\n    (b) related, in whole or in part, to the asset, liability, right, benefit or obligation, as the case may be;\n  the successor is, by force of this subsection, substituted for the original person as a party to the proceedings to the extent to which the proceedings relate to the asset, liability, right, benefit or obligation, as the case requires.\n\n#### 19 Exemption from taxation\n\n  Stamp duty or other tax is not payable under a law of a State or Territory in respect of:\n    (a) a transfer of an asset or liability of a statutory authority under this Act; or\n    (b) anything done (including a transaction entered into or an instrument or document made, executed, lodged or given) because of, or for a purpose connected with or arising out of, such a transfer.\n\n#### 19A Operation of GST Law\n\n  (1) For the purposes of the GST Law, a transfer to a person or body under section 16 or 17 of this Act is taken to be consideration provided by the Commonwealth to that person or body for:\n    (a) in the case of a transfer under section 16—entering into obligations under the deed of agreement by the industry services body; and\n    (b) in the case of a transfer under section 17—entering into obligations under the deed of trust establishing the Dried Fruits Trust by the trustees of that Trust.\n  (2) Expressions used in this section have the same meanings as they have in the A New Tax System (Goods and Services Tax) Act 1999.\n\n#### 20 References in certain instruments\n\n  (1) An instrument to which subsection (2) applies continues to have effect on and after the transfer day as if a reference in the instrument to the statutory authority were a reference to the industry services body.\n  (2) This subsection applies to an instrument if it is:\n    (a) in operation immediately before the transfer day; and\n    (b) is an instrument:\n    (i) to which a statutory authority is a party; or\n    (ii) which was given to, or in favour of, a statutory authority; or\n    (iii) in which a reference is made to a statutory authority; or\n    (iv) under which any right or liability accrues or may accrue to a statutory authority.\n\n#### 21 Certificates in relation to assets\n\n  (1) This section applies if:\n    (a) an asset (other than money) becomes an asset of the industry services body under this Division; and\n    (b) there is lodged with an assets official a certificate that:\n    (i) is signed by the Secretary; and\n    (ii) identifies the asset; and\n    (iii) states that the asset has become an asset of the body under this Division.\n\n> Note: For the meaning of assets official, see section 4.\n\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) A document that appears to be a certificate under subsection (1) is taken to be such a certificate, and to have been properly given, unless the contrary is established.\n\n### Division 4—Transfer of staff\n\n#### Subdivision A—Preliminary\n\n#### 23 Simplified outline\n\n  The following is a simplified outline of this Division:\n\nOn the transfer day, the staff of the 3 statutory authorities are transferred to the new industry services body on the same terms and conditions, and with the same accrued entitlements, that they had before the transfer (see section 25).\n\nThe terms and conditions on which the staff are transferred can be varied after the transfer (see section 26).\n\nOther provisions deal with the application of certain Commonwealth Acts (such as superannuation Acts and the Maternity Leave Act).\n\n#### 24 Transfer of staff\n\n  On the transfer day, each employee of a statutory authority ceases to be employed by the statutory authority and is taken to have been engaged as an employee of the industry services body immediately after that cessation.\n\n#### 25 Terms and conditions of transferred employees\n\n  (1) A transferred employee is taken:\n    (a) to have been engaged by the industry services body on the same terms and conditions as those that applied to the person, immediately before the transfer day, as an employee of the previous employer; and\n    (b) to have accrued an entitlement to benefits, in connection with that engagement by the industry services body, that is equivalent to the entitlement that the person had accrued, as an employee of the previous employer, immediately before the employee’s transfer time.\n\n> Note: For previous employer, see section 4.\n\n  (2) The service of a transferred employee as an employee of the industry services body is taken, for all purposes, to have been continuous with the service of the employee, immediately before the transfer day, as an employee of the previous employer.\n  (3) A transferred employee is not entitled to receive any payment or other benefit merely because he or she stopped being an employee of the previous employer as a result of this Division.\n  (4) 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#### 26 Variation of terms and conditions of employment\n\n  (1) This Division does not prevent the terms and conditions of a transferred employee’s employment after the transfer day 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> 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#### 27 Continued application of SRC Act\n\n  The SRC Act continues to apply on and after the transfer day in relation to:\n    (a) injuries suffered before that time by an employee of a statutory authority; and\n    (b) loss of, or damage to, property incurred before that time by an employee of a statutory authority.\n\n#### 28 Commonwealth liability to meet certain SRC Act liabilities\n\n  On and after the transfer day, the Commonwealth:\n    (a) is liable to pay the liabilities of the statutory authorities under section 128A of the SRC Act; and\n    (b) subject to section 29, is taken to have been the employer of the employees of the statutory authorities before the transfer day for the purposes of the application of the SRC Act in relation to those liabilities.\n\n#### 29 SRC Act: rehabilitation provisions\n\n  (1) If a transferred employee had, before the transfer day, suffered an injury resulting in an incapacity for work or an impairment, the employee’s employer 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 transferred employee.\n  (2) On and after the transfer day, the industry services body is, for the purposes of section 40 of the SRC Act, taken to be the relevant employer of each transferred employee employed by the industry services body.\n  (3) On and after the transfer day, the industry services body is, for the purposes of applying section 71 of the SRC Act in relation to each transferred employee, taken to be a Commonwealth authority.\n  (4) Expressions used in this section have the same meanings as they have in the SRC Act.\n\n#### 30 Premiums under the SRC Act\n\n  (1) The Safety, Rehabilitation and Compensation Commission must, as soon as practicable after the transfer day, determine the amount (if any) by which the confirmed estimate of premium for each statutory authority for the relevant financial year should be reduced.\n  (2) If:\n    (a) an amount equal to the confirmed estimate of premium for a statutory authority for the relevant financial year has been paid to the Commonwealth under section 96G of the SRC Act; and\n    (b) the amount of the confirmed estimate of premium is reduced as a result of a determination under subsection (1);\n  the Secretary 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 the industry services body in accordance with the direction.\n  (3) A direction by the Secretary 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 gives a direction, the amount or amounts to which it relates are payable out of the Consolidated Revenue Fund, which is appropriated accordingly, to the industry services body.\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 confirmed estimate of premium for a statutory authority for the relevant financial year and the amount of that confirmed estimate as reduced because of a determination under subsection (1).\n\n> relevant financial year means the financial year in which the transfer day occurs.\n\n  (9) Expressions used in this section have the same meanings as they have in the SRC Act.\n\n#### Subdivision C—Deferred Defence Force Retirement and Death Benefits Act benefits\n\n#### 31 Saving: deferred benefits under the DFRDB Act\n\n  (1) This section applies to a transferred employee of the industry services body if, immediately before the transfer day, the employee was a person to whom deferred benefits were applicable under section 78 of the DFRDB Act.\n  (2) For the purposes of Division 3 of Part IX of the DFRDB Act, the employee is taken to continue in public employment on and after the transfer day while the employee continues to be employed by the industry services body.\n  (3) This section is subject to Division 3 of Part IX of the DFRDB Act.\n\n#### Subdivision D—Maternity leave provisions\n\n#### 32 Maternity leave starting before transfer day\n\n  (1) This section applies in relation to a person if:\n    (a) immediately before the transfer day, the person was a female employee of a statutory authority who was on leave granted under the Maternity Leave Act; and\n    (b) the person becomes an employee of the industry services body on the transfer day; and\n    (c) the person would have been entitled to have remained on that leave on and after the transfer day if the person had continued to be an employee of the statutory authority.\n  (2) On and after the transfer day, the Maternity Leave Act continues to apply to the person in relation to the confinement in respect of which the leave was granted as if the industry services body were a prescribed authority for the purposes of that Act.\n\n#### 33 Maternity leave starting after transfer day\n\n  (1) This section applies in relation to a person if:\n    (a) immediately before the transfer day, the person was a female employee of a statutory authority; and\n    (b) the person becomes an employee of the industry services body on the transfer day; and\n    (c) within 9 months after the transfer day, the person would have been entitled to start leave granted under the Maternity Leave Act if the person had continued to be an employee of the statutory authority.\n  (2) On and after the transfer day, the Maternity Leave Act continues to apply to the person in relation to the confinement in respect of which she would have been entitled to leave as if the industry services body were a prescribed authority for the purposes of that Act.\n\n#### Subdivision E—Provisions relating to superannuation\n\n#### 34 Application of the Superannuation Act 1922\n\n  Section 145 of the Superannuation Act 1922 does not apply in relation to the industry services body.\n\n#### 35 Application of other Superannuation Acts\n\n  The industry services body is not an approved authority for the purposes of the Superannuation Act 1976 or the Superannuation Act 1990.\n\n#### 36 Application of the Superannuation Benefits (Supervisory Mechanisms) Act 1990\n\n  (1) The Minister must not declare the industry services body 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 F—Provisions relating to long service leave\n\n#### 37 Long service leave for employees with less than 10 years service\n\n  (1) This section applies in relation to a person:\n    (a) who became a transferred employee of the industry services body on the transfer day; and\n    (b) whose period of service for the purposes of the Long Service Leave Act immediately before the transfer day 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 the industry services body until his or her combined service period is at least 10 years, the industry services body may grant the employee long service leave on full salary for a period up to the employee’s long service leave credit under subsection 40(1).\n  (4) If:\n    (a) the employee stops being an employee of the industry services body 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 the industry services body is at least one year;\n  the industry services body may grant the employee long service leave on full salary for a period up to the employee’s long service leave credit under subsection 40(1).\n  (5) If a period of long service leave may be granted to an employee under subsection (3) or (4), the industry services body 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 37 of the Horticulture Marketing and Research and Development Services (Repeals and Consequential Provisions) Act 2000”.\n\n#### 38 Payments in lieu of long service leave for employees with less than 10 years service\n\n  (1) This section applies to a person:\n    (a) who became a transferred employee on the transfer day; and\n    (b) whose period of service for the purposes of the Long Service Leave Act immediately before the transfer day 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 the industry services body on or after the day on which his or her combined service period reaches 10 years, the industry services body must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 40(2).\n  (4) If:\n    (a) the employee stops being an employee of the industry services body, 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  the industry services body must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 40(2).\n  (5) If:\n    (a) the employee stops being an employee of the industry services body; and\n    (b) the industry services body is satisfied that the employee left the industry services body’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  the industry services body must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 40(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 38 of the Horticulture Marketing and Research and Development Services (Repeals and Consequential Provisions) Act 2000”.\n\n#### 39 Payments on the death of an employee\n\n  (1) This section applies to a person who was an employee of a statutory authority immediately before the transfer day if, at that time, the employee’s period of service for the purposes of the Long Service Leave Act was less than 10 years.\n  (2) If the person dies on or after the transfer day and immediately before his or her death:\n    (a) the person was an employee of the industry services body; and\n    (b) the person’s combined service period was at least one year; and\n    (c) the person had one or more dependants;\n  the industry services body 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 38 if, on the day of his or her death, the person had instead stopped being an employee of the industry services body 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 the industry services body; and\n    (b) a reference in that section to the approving authority were a reference to the industry services body; and\n    (c) for the expression “this Act” in that section there were substituted the expression “section 39 of the Horticulture Marketing and Research and Development Services (Repeals and Consequential Provisions) Act 2000”; and\n    (d) for the expression “subsection 16(7) or 17(5)” there were substituted the expression “section 39 of the Horticulture Marketing and Research and Development Services (Repeals and Consequential Provisions) Act 2000”.\n\n#### 40 Employee’s long service leave credit for the purposes of sections 37 and 38\n\n  (1) For the purposes of section 37, 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 on the transfer day;\n  if the employee had been retrenched on that day.\n  (2) For the purposes of section 38, 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 37.\n\n#### 41 Employees with at least 10 years service\n\n  (1) This section applies to an employee of a statutory authority whose period of service under the Long Service Leave Act was at least 10 years immediately before the transfer day.\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 if the employee becomes an employee of the industry services body on the transfer day. 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 on and after the transfer day in relation to the employee’s rights under that Act that accrued before the transfer day, as if the industry services body were an approving authority for the purposes of that Act.\n\n#### 42 Division not to affect post‑commencement long service leave rights\n\n  This Division does not affect an employee’s post‑commencement long service leave rights.\n\n> Note: For the meaning of post‑commencement long service leave rights, see section 4.\n\n#### Subdivision G—Staff with mobility rights\n\n#### 43 Cessation of mobility rights\n\n  If a transferred employee had rights under section 6 or 7 of the Public Employment (Consequential and Transitional) Amendment Act 1999 immediately before the transfer day, the employee ceases to have those rights, and ceases to be an APS employee, on the transfer day.\n\n> Note: For the meaning of APS employee, see section 4.\n\n### Division 5—Transitional period for export controls\n\n#### 44 Simplified outline\n\n  The following is a simplified outline of this Division:\n\nThe system of export controls in place under the Australian Horticultural Corporation Act 1987 is continued after the transfer day for a transitional period (a maximum of 2 years).\n\nDuring the transitional period most of the export control powers that the Australian Horticultural Corporation had can be exercised by the new industry export control body.\n\n#### 45 Continuation of export controls despite repeal of AHC Act\n\n  (1) In spite of the repeal of the Australian Horticultural Corporation Act 1987 (the Act):\n    (a) Part V of the Act continues in force after the repeal; and\n    (b) regulations, orders and other instruments made under the Act for the purposes of Part V that were in force immediately before the repeal continue in force.\n  (2) Any other provision of the Act that is necessary for the effective operation of Part V of the Act (as continued in force under subsection (1)) also continues in force in spite of the repeal but applies only to the extent that it relates to the operation of Part V.\n  (3) Without limiting subsection (2), sections 121 and 122 of the Act continue in force to the extent that regulations and orders relating to the operation of Part V (including regulations, or orders, amending or repealing earlier regulations or orders) may be made under them.\n  (4) Chapter 2 (other than Part 2.5) of the Criminal Code applies to all offences against Part V of the Act.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n  (5) The offences in subsections 118(1) and (2) of the Act are offences of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (6) For the purposes of subsection 118(2) of the Act, the defendant bears an evidential burden in relation to the matter of whether the defendant has a reasonable excuse.\n\n> Note: For evidential burdens, see subsection 13.3(3) of the Criminal Code.\n\n#### 46 References to AHC and Product Board\n\n  (1) During the transitional period, references to powers, duties or functions of the Corporation or of a Board in Part V of the Act or in an instrument in force under Part V are taken to be references to powers, duties or functions of the industry export control body.\n\n> Note: For transitional period and industry export control body, see section 4.\n\n  (2) However, in spite of subsection (1), the industry export control body does not, during the transitional period, have the power:\n    (a) to prohibit the export of a product to a specified place unless the export of the product to that place was prohibited immediately before the transfer day; or\n    (b) to revoke or vary a prohibition of export to a specified place.\n\n> Note: The power to prohibit the export of a horticultural product to a specified place is given to the Corporation by regulation 5 of the Australian Horticultural Corporation (Export Control) Regulations 1990.\n\n#### 47 Phasing out of export controls under Part V of AHC Act\n\n  (1) If:\n    (a) the export of a horticultural product to a place is prohibited under the Australian Horticultural Corporation (Export Control) Regulations 1990 or the Australian Horticultural Corporation (Dried Fruits Export Control) Regulations 1991; and\n    (b) during the transitional period, the product and the place are the subject of an order (the new order) under section 19 of the Horticulture Marketing and Research and Development Services Act 2000;\n  Part V (and any instrument made under, or for the purposes of, Part V) ceases, at the time of the new order, to have effect in relation to the export of that product to that place.\n  (2) If, at the end of the transitional period, Part V of the Act still has effect in relation to any horticultural product, it (and any instrument made under, or for the purposes of, Part V) ceases to have effect immediately after the end of the transitional period.\n\n### Division 6—Final annual reports\n\n#### 48 Simplified outline\n\n  The following is a simplified outline of this Division:\n\nEach of the 3 statutory authorities must produce a final annual report covering the authority’s operations and financial status up to the transfer day.\n\n#### 49 Final annual report: Australian Horticultural Corporation\n\n  (1) In spite of the repeal of the Australian Horticultural Corporation Act 1987:\n    (a) the Australian Horticultural Corporation continues in existence for the purpose of giving the Minister the report required under section 9 of the Commonwealth Authorities and Companies Act 1997 in relation to the period starting on the last 1 July before the transfer day and ending on the transfer day; and\n    (b) for that purpose, the membership of the Corporation immediately before the transfer day is taken to be the same on and after the transfer day.\n  (2) For the purposes of the application of section 9 of the Commonwealth Authorities and Companies Act 1997 to the report referred to in subsection (1):\n    (a) the period starting on the last 1 July before the transfer day and ending on the transfer day is taken to be a financial year; and\n    (b) the Australian Horticultural Corporation Act 1987 continues to have effect as if it had not been repealed.\n\n#### 50 Final annual report: Australian Dried Fruits Board\n\n  (1) In spite of the repeal of the Australian Horticultural Corporation Act 1987:\n    (a) the Australian Dried Fruits Board continues in existence for the purpose of giving the Minister the report required under section 9 of the Commonwealth Authorities and Companies Act 1997 in relation to the period starting on the last 1 July before the transfer day and ending on the transfer day; and\n    (b) for that purpose, the membership of the Board immediately before the transfer day is taken to be the same on and after the transfer day.\n  (2) For the purposes of the application of section 9 of the Commonwealth Authorities and Companies Act 1997 to the report referred to in subsection (1):\n    (a) the period starting on the last 1 July before the transfer day and ending on the transfer day is taken to be a financial year; and\n    (b) the Australian Horticultural Corporation Act 1987 continues to have effect as if it had not been repealed; and\n    (c) the reference in paragraph 101A(b) of that Act to 31 August after the end of the financial year is taken to be a reference to the day occurring 8 weeks after the transfer day; and\n    (d) the reference in subsection 30A(1) of that Act to 15 October after the end of each financial year is taken to be a reference to the day occurring 14 weeks after the transfer day.\n\n#### 51 Final annual report: Horticultural Research and Development Corporation\n\n  (1) In spite of the repeal of the Horticultural Research and Development Corporation Act 1987:\n    (a) the Horticultural Research and Development Corporation continues in existence for the purpose of giving the Minister the report required under section 9 of the Commonwealth Authorities and Companies Act 1997 in relation to the period starting on the last 1 July before the transfer day and ending on the transfer day; and\n    (b) for that purpose, the membership of the Corporation immediately before the transfer day is taken to be the same on and after the transfer day.\n  (2) For the purposes of the application of section 9 of the Commonwealth Authorities and Companies Act 1997 to the report referred to in subsection (1):\n    (a) the period starting on the last 1 July before the transfer day and ending on the transfer day is taken to be a financial year; and\n    (b) the Australian Horticultural Research and Development Corporation Act 1987 continues to have effect as if it had not been repealed.\n\n### Division 7—Miscellaneous\n\n#### 52 Delegation of Secretary’s powers\n\n  The Secretary may delegate all or any of the Secretary’s powers under this Act, the regulations or orders to an APS employee in the Department who has appropriate skills or experience. The delegation must be in writing.\n\n> Note: For the meaning of APS employee, see section 4.\n\n#### 53 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 and just terms have the same respective meanings as in paragraph 51(xxxi) of the Constitution.\n\n#### 54 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 dealing with other transitional matters arising out of the repeal of the Australian Horticultural Corporation Act 1987 and the Horticultural Research and Development Corporation Act 1987 and the enactment of this Act and the Horticulture Marketing and Research and Development Services Act 2000.","sortOrder":42},{"sectionNumber":"37","sectionType":"section","heading":"Long service leave for employees with less than 10 years service","content":"#### 37 Long service leave for employees with less than 10 years service\n\n  (1) This section applies in relation to a person:\n    (a) who became a transferred employee of the industry services body on the transfer day; and\n    (b) whose period of service for the purposes of the Long Service Leave Act immediately before the transfer day 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 the industry services body until his or her combined service period is at least 10 years, the industry services body may grant the employee long service leave on full salary for a period up to the employee’s long service leave credit under subsection 40(1).\n  (4) If:\n    (a) the employee stops being an employee of the industry services body 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 the industry services body is at least one year;\n  the industry services body may grant the employee long service leave on full salary for a period up to the employee’s long service leave credit under subsection 40(1).\n  (5) If a period of long service leave may be granted to an employee under subsection (3) or (4), the industry services body 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 37 of the Horticulture Marketing and Research and Development Services (Repeals and Consequential Provisions) Act 2000”.","sortOrder":43},{"sectionNumber":"38","sectionType":"section","heading":"Payments in lieu of long service leave for employees with less than 10 years service","content":"#### 38 Payments in lieu of long service leave for employees with less than 10 years service\n\n  (1) This section applies to a person:\n    (a) who became a transferred employee on the transfer day; and\n    (b) whose period of service for the purposes of the Long Service Leave Act immediately before the transfer day 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 the industry services body on or after the day on which his or her combined service period reaches 10 years, the industry services body must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 40(2).\n  (4) If:\n    (a) the employee stops being an employee of the industry services body, 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  the industry services body must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 40(2).\n  (5) If:\n    (a) the employee stops being an employee of the industry services body; and\n    (b) the industry services body is satisfied that the employee left the industry services body’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  the industry services body must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 40(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 38 of the Horticulture Marketing and Research and Development Services (Repeals and Consequential Provisions) Act 2000”.","sortOrder":44},{"sectionNumber":"39","sectionType":"section","heading":"Payments on the death of an employee","content":"#### 39 Payments on the death of an employee\n\n  (1) This section applies to a person who was an employee of a statutory authority immediately before the transfer day if, at that time, the employee’s period of service for the purposes of the Long Service Leave Act was less than 10 years.\n  (2) If the person dies on or after the transfer day and immediately before his or her death:\n    (a) the person was an employee of the industry services body; and\n    (b) the person’s combined service period was at least one year; and\n    (c) the person had one or more dependants;\n  the industry services body 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 38 if, on the day of his or her death, the person had instead stopped being an employee of the industry services body 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 the industry services body; and\n    (b) a reference in that section to the approving authority were a reference to the industry services body; and\n    (c) for the expression “this Act” in that section there were substituted the expression “section 39 of the Horticulture Marketing and Research and Development Services (Repeals and Consequential Provisions) Act 2000”; and\n    (d) for the expression “subsection 16(7) or 17(5)” there were substituted the expression “section 39 of the Horticulture Marketing and Research and Development Services (Repeals and Consequential Provisions) Act 2000”.","sortOrder":45},{"sectionNumber":"40","sectionType":"section","heading":"Employee’s long service leave credit for the purposes of sections 37 and 38","content":"#### 40 Employee’s long service leave credit for the purposes of sections 37 and 38\n\n  (1) For the purposes of section 37, 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 on the transfer day;\n  if the employee had been retrenched on that day.\n  (2) For the purposes of section 38, 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 37.","sortOrder":46},{"sectionNumber":"41","sectionType":"section","heading":"Employees with at least 10 years service","content":"#### 41 Employees with at least 10 years service\n\n  (1) This section applies to an employee of a statutory authority whose period of service under the Long Service Leave Act was at least 10 years immediately before the transfer day.\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 if the employee becomes an employee of the industry services body on the transfer day. 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 on and after the transfer day in relation to the employee’s rights under that Act that accrued before the transfer day, as if the industry services body were an approving authority for the purposes of that Act.","sortOrder":47},{"sectionNumber":"42","sectionType":"section","heading":"Division not to affect post‑commencement long service leave rights","content":"#### 42 Division not to affect post‑commencement long service leave rights\n\n  This Division does not affect an employee’s post‑commencement long service leave rights.\n\n> Note: For the meaning of post‑commencement long service leave rights, see section 4.","sortOrder":48},{"sectionNumber":"Subdivision G","sectionType":"subdivision","heading":"Staff with mobility rights","content":"An Act to deal with matters consequential on the enactment of the Horticulture Marketing and Research and Development Services Act 2000, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Horticulture Marketing and Research and Development Services (Repeals and Consequential Provisions) Act 2000.\n\n#### 2 Commencement\n\n  (1) Subject to this section, this Act commences at the same time as Part 2 of the Horticulture Marketing and Research and Development Services Act 2000.\n  (2) Schedules 1 (repeals) and 2 (consequential amendments) commence on the transfer day, immediately after the transfer of assets, liabilities and staff under Part 2.\n\n> Note: See sections 12 and 13 for the transfer day, and the time at which the transfer occurs.\n\n  (3) Schedule 3 (references to Administrative Appeals Tribunal) commences at the later of:\n    (a) the time when Parts 4 to 10 of the Act that establishes the Administrative Review Tribunal commence; and\n    (b) the time immediately after the Horticulture Marketing and Research and Development Services Act 2000 receives the Royal Assent.\n\n> Note: The short title of the Act that establishes the Administrative Review Tribunal is either the Administrative Review Tribunal Act 2000 or the Administrative Review Tribunal Act 2001.\n\n  (4) Schedule 4 (operation of the Privacy Act) commences at the later of:\n    (a) the time when Schedule 1 to the Privacy Amendment (Private Sector) Act 2000 commences; and\n    (b) the time immediately after the Horticulture Marketing and Research and Development Services Act 2000 receives the Royal Assent.\n\n#### 3 Simplified outline\n\n  The following is a simplified outline of this Act:\n\nThis Act deals with the transition from the Australian Horticultural Corporation, Horticultural Research and Development Corporation and the Australian Dried Fruits Board to new bodies. The new bodies are those declared under the Horticulture Marketing and Research and Development Services Act 2000.\n\nThe Minister must determine a transfer day (see section 12).\n\nOn the transfer day assets, liabilities and staff of the Corporations and the Board are transferred to the new industry services body (see Divisions 2, 3 and 4 of Part 2).\n\nThe system of export controls in place under the Australian Horticultural Corporation Act 1987 is kept in place for a maximum period of 2 years after the transfer day. Export controls on particular products can be phased out during the 2 year period, as controls on those products are brought in under the Horticulture Marketing and Research and Development Services Act 2000 (see Division 5 of Part 2 of this Act).\n\nThe Australian Horticultural Corporation Act 1987 and the Horticultural Research and Development Corporation Act 1987 are repealed once the assets, liabilities and staff of the bodies established by those Acts have been transferred to the new industry services body.\n\n#### 4 Definitions\n\n  (1) In this Act, unless the contrary intention appears:\n\n> ADF Trust Amount has the meaning given by section 17.\n\n> APS employee has the same meaning as in the Public Service Act 1999.\n\n> assets means any legal or equitable estate or interest of the authority in real or personal property (whether actual, contingent or prospective) and includes all rights, powers, privileges and immunities (whether actual, contingent or prospective).\n\n> assets official means a person or authority who, under a law, has responsibility for keeping a register in relation to assets of the kind concerned.\n\n> combined service period, in relation to an employee, means the total of:\n\n    (a) the period that is, immediately before the transfer day, 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 the industry services body.\n\n> DFRDB Act means the Defence Force Retirement and Death Benefits Act 1973.\n\n> Dried Fruits Trust has the meaning given by section 17.\n\n> employee, in relation to a statutory authority, means a person who was, immediately before the transfer day, an officer or an employee of the authority, and includes the Chief Executive Officer, Managing Director or General Manager of the authority.\n\n> industry export control body means the body for the time being declared to be the industry export control body under the Horticulture Marketing and Research and Development Services Act 2000.\n\n> industry services body means the body that was the industry services body under the Horticulture Marketing and Research and Development Services Act 2000 on 31 December 2024.\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> liabilities means all liabilities, duties and obligations, 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 transfer day.\n\n> Maternity Leave Act means the Maternity Leave (Commonwealth Employees) Act 1973, as in force immediately before the transfer day.\n\n> post‑commencement long service leave rights, in relation to an employee, means any long service leave rights the employee acquires on or after the transfer day under an award, determination, industrial agreement or law (other than this Act).\n\n> previous employer, in relation to a transferred employee, means the statutory authority that employed the employee immediately before the transfer day.\n\n> SRC Act means the Safety, Rehabilitation and Compensation Act 1988, as in force immediately before the transfer day.\n\n> statutory authority means:\n\n    (a) the Australian Horticultural Corporation; or\n    (b) the Horticultural Research and Development Corporation; or\n    (c) the Australian Dried Fruits Board.\n\n> transfer day means the day specified by the Minister as the transfer day in a determination under section 12.\n\n> transferred employee means a person whose employment is transferred under section 24.\n\n> transitional period means the period of 24 months beginning on the transfer day.\n\n  (2) Expressions used in this Act that are defined in the Horticulture Marketing and Research and Development Services Act 2000 have the same meanings as they have in that Act.\n  (3) Expressions used in Subdivision F of Division 4 of Part 2 that are defined in the Long Service Leave Act have the same meanings as they have in that Act.\n\n#### 5 Crown to be bound\n\n  This Act binds the Crown in each of its capacities.\n\n#### 6 Extra‑territorial operation\n\n  This Act applies both within and outside Australia.\n\n## Part 2—Transitional provisions\n\n### Division 2—Transfer day\n\n#### 11 Simplified outline\n\n  The following is a simplified outline of this Division:\n\nThis Division provides for the Minister to determine the transfer day.\n\n#### 12 Minister must determine transfer day\n\n  (1) The Minister must determine, in writing, that a specified day is the transfer day for the purposes of this Act.\n  (2) The day:\n    (a) must not be a day before both of the following declarations have taken effect under section 9 of the Horticulture Marketing and Research and Development Services Act 2000:\n    (i) the first declaration of the industry services body;\n    (ii) the first declaration of the industry export control body; and\n    (b) must be a day within the period of 6 months after the commencement of this section.\n  (3) The determination has effect accordingly.\n  (4) A copy of the determination is to be published in the Gazette within 14 days after the determination is made.\n  (5) The determination can be varied or revoked by the Minister in the same manner in which it was made, but it cannot be varied or revoked on or after the day specified in the determination as the transfer day.\n  (6) The determination is not invalid merely because it has not been published as required under subsection (4).\n\n#### 13 Time of transfers\n\n  Any transfer occurring under this Part is taken to occur immediately after the end of the day before the transfer day.\n\n### Division 3—Transfer of assets and liabilities etc.\n\n#### 14 Simplified outline\n\n  The following is a simplified outline of this Division:\n\nOn the transfer day, the assets and liabilities of the 3 statutory authorities vest in the new industry services body.\n\nSpecial provision is made for the transfer of certain money of the Australian Dried Fruits Board (see section 17).\n\nTransfers are not subject to taxation (see section 19).\n\nOther transitional matters (such as the transfer of records, outstanding money and legal proceedings) are also dealt with.\n\n#### 15 Transfers subject to conditions\n\n  The deed of agreement may contain conditions relating to an asset or liability, or a class of assets or liabilities, transferred to the industry services body under this Act.\n\n> Note: The Horticulture Marketing and Research and Development Services Act 2000 and the of deed of agreement provide for the consequences of a breach of the deed by the industry services body (see sections 10, 16 and 27 of that Act, and the provisions of the deed).\n\n#### 16 Transfer of assets and liabilities\n\n  (1) This section applies to:\n    (a) the assets of a statutory authority (other than the ADF Trust Amount); and\n    (b) the liabilities of a statutory authority (other than a liability referred to in section 28).\n\n> Note: The transfer of the ADF Trust Amount is dealt with in section 17.\n\n  (3) On the transfer day:\n    (a) the assets and liabilities cease to be assets and liabilities of the authority and become assets and liabilities of the industry services body without any conveyance, transfer or assignment; and\n    (b) the industry services body becomes the statutory authority’s successor in law in relation to the assets and liabilities immediately after they become assets and liabilities of the industry services body.\n\n> Note: See also sections 18 and 21.\n\n#### 17 ADF Trust Amount\n\n  (1) The Minister may determine, in writing, that:\n    (a) a particular amount of money of the Australian Dried Fruits Board is the ADF Trust Amount for the purposes of this section; and\n    (b) a particular trust is the Dried Fruits Trust for the purposes of this section.\n  (2) If the Minister has made a determination under subsection (1) before the transfer day, the ADF Trust Amount vests in the trustees on the transfer day and is held on trust by the trustees for the purposes of the Dried Fruits Trust.\n  (3) If the ADF Trust Amount is transferred under subsection (2), it vests in the trustees without any conveyance, transfer or assignment.\n  (4) A copy of the determination is to be published in the Gazette within 14 days after the determination is made.\n  (5) The determination is not invalid merely because it has not been published as required under subsection (4).\n\n#### 18 Transfer of pending proceedings\n\n  (1) This section applies if, as a result of a transfer under this Act, a person (the successor) becomes the successor in law of another person (the original person) at a particular time in relation to a particular asset, liability, right, benefit or obligation.\n  (2) If any proceedings to which the original person was a party:\n    (a) were pending in any court or tribunal immediately before that time; and\n    (b) related, in whole or in part, to the asset, liability, right, benefit or obligation, as the case may be;\n  the successor is, by force of this subsection, substituted for the original person as a party to the proceedings to the extent to which the proceedings relate to the asset, liability, right, benefit or obligation, as the case requires.\n\n#### 19 Exemption from taxation\n\n  Stamp duty or other tax is not payable under a law of a State or Territory in respect of:\n    (a) a transfer of an asset or liability of a statutory authority under this Act; or\n    (b) anything done (including a transaction entered into or an instrument or document made, executed, lodged or given) because of, or for a purpose connected with or arising out of, such a transfer.\n\n#### 19A Operation of GST Law\n\n  (1) For the purposes of the GST Law, a transfer to a person or body under section 16 or 17 of this Act is taken to be consideration provided by the Commonwealth to that person or body for:\n    (a) in the case of a transfer under section 16—entering into obligations under the deed of agreement by the industry services body; and\n    (b) in the case of a transfer under section 17—entering into obligations under the deed of trust establishing the Dried Fruits Trust by the trustees of that Trust.\n  (2) Expressions used in this section have the same meanings as they have in the A New Tax System (Goods and Services Tax) Act 1999.\n\n#### 20 References in certain instruments\n\n  (1) An instrument to which subsection (2) applies continues to have effect on and after the transfer day as if a reference in the instrument to the statutory authority were a reference to the industry services body.\n  (2) This subsection applies to an instrument if it is:\n    (a) in operation immediately before the transfer day; and\n    (b) is an instrument:\n    (i) to which a statutory authority is a party; or\n    (ii) which was given to, or in favour of, a statutory authority; or\n    (iii) in which a reference is made to a statutory authority; or\n    (iv) under which any right or liability accrues or may accrue to a statutory authority.\n\n#### 21 Certificates in relation to assets\n\n  (1) This section applies if:\n    (a) an asset (other than money) becomes an asset of the industry services body under this Division; and\n    (b) there is lodged with an assets official a certificate that:\n    (i) is signed by the Secretary; and\n    (ii) identifies the asset; and\n    (iii) states that the asset has become an asset of the body under this Division.\n\n> Note: For the meaning of assets official, see section 4.\n\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) A document that appears to be a certificate under subsection (1) is taken to be such a certificate, and to have been properly given, unless the contrary is established.\n\n### Division 4—Transfer of staff\n\n#### Subdivision A—Preliminary\n\n#### 23 Simplified outline\n\n  The following is a simplified outline of this Division:\n\nOn the transfer day, the staff of the 3 statutory authorities are transferred to the new industry services body on the same terms and conditions, and with the same accrued entitlements, that they had before the transfer (see section 25).\n\nThe terms and conditions on which the staff are transferred can be varied after the transfer (see section 26).\n\nOther provisions deal with the application of certain Commonwealth Acts (such as superannuation Acts and the Maternity Leave Act).\n\n#### 24 Transfer of staff\n\n  On the transfer day, each employee of a statutory authority ceases to be employed by the statutory authority and is taken to have been engaged as an employee of the industry services body immediately after that cessation.\n\n#### 25 Terms and conditions of transferred employees\n\n  (1) A transferred employee is taken:\n    (a) to have been engaged by the industry services body on the same terms and conditions as those that applied to the person, immediately before the transfer day, as an employee of the previous employer; and\n    (b) to have accrued an entitlement to benefits, in connection with that engagement by the industry services body, that is equivalent to the entitlement that the person had accrued, as an employee of the previous employer, immediately before the employee’s transfer time.\n\n> Note: For previous employer, see section 4.\n\n  (2) The service of a transferred employee as an employee of the industry services body is taken, for all purposes, to have been continuous with the service of the employee, immediately before the transfer day, as an employee of the previous employer.\n  (3) A transferred employee is not entitled to receive any payment or other benefit merely because he or she stopped being an employee of the previous employer as a result of this Division.\n  (4) 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#### 26 Variation of terms and conditions of employment\n\n  (1) This Division does not prevent the terms and conditions of a transferred employee’s employment after the transfer day 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> 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#### 27 Continued application of SRC Act\n\n  The SRC Act continues to apply on and after the transfer day in relation to:\n    (a) injuries suffered before that time by an employee of a statutory authority; and\n    (b) loss of, or damage to, property incurred before that time by an employee of a statutory authority.\n\n#### 28 Commonwealth liability to meet certain SRC Act liabilities\n\n  On and after the transfer day, the Commonwealth:\n    (a) is liable to pay the liabilities of the statutory authorities under section 128A of the SRC Act; and\n    (b) subject to section 29, is taken to have been the employer of the employees of the statutory authorities before the transfer day for the purposes of the application of the SRC Act in relation to those liabilities.\n\n#### 29 SRC Act: rehabilitation provisions\n\n  (1) If a transferred employee had, before the transfer day, suffered an injury resulting in an incapacity for work or an impairment, the employee’s employer 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 transferred employee.\n  (2) On and after the transfer day, the industry services body is, for the purposes of section 40 of the SRC Act, taken to be the relevant employer of each transferred employee employed by the industry services body.\n  (3) On and after the transfer day, the industry services body is, for the purposes of applying section 71 of the SRC Act in relation to each transferred employee, taken to be a Commonwealth authority.\n  (4) Expressions used in this section have the same meanings as they have in the SRC Act.\n\n#### 30 Premiums under the SRC Act\n\n  (1) The Safety, Rehabilitation and Compensation Commission must, as soon as practicable after the transfer day, determine the amount (if any) by which the confirmed estimate of premium for each statutory authority for the relevant financial year should be reduced.\n  (2) If:\n    (a) an amount equal to the confirmed estimate of premium for a statutory authority for the relevant financial year has been paid to the Commonwealth under section 96G of the SRC Act; and\n    (b) the amount of the confirmed estimate of premium is reduced as a result of a determination under subsection (1);\n  the Secretary 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 the industry services body in accordance with the direction.\n  (3) A direction by the Secretary 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 gives a direction, the amount or amounts to which it relates are payable out of the Consolidated Revenue Fund, which is appropriated accordingly, to the industry services body.\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 confirmed estimate of premium for a statutory authority for the relevant financial year and the amount of that confirmed estimate as reduced because of a determination under subsection (1).\n\n> relevant financial year means the financial year in which the transfer day occurs.\n\n  (9) Expressions used in this section have the same meanings as they have in the SRC Act.\n\n#### Subdivision C—Deferred Defence Force Retirement and Death Benefits Act benefits\n\n#### 31 Saving: deferred benefits under the DFRDB Act\n\n  (1) This section applies to a transferred employee of the industry services body if, immediately before the transfer day, the employee was a person to whom deferred benefits were applicable under section 78 of the DFRDB Act.\n  (2) For the purposes of Division 3 of Part IX of the DFRDB Act, the employee is taken to continue in public employment on and after the transfer day while the employee continues to be employed by the industry services body.\n  (3) This section is subject to Division 3 of Part IX of the DFRDB Act.\n\n#### Subdivision D—Maternity leave provisions\n\n#### 32 Maternity leave starting before transfer day\n\n  (1) This section applies in relation to a person if:\n    (a) immediately before the transfer day, the person was a female employee of a statutory authority who was on leave granted under the Maternity Leave Act; and\n    (b) the person becomes an employee of the industry services body on the transfer day; and\n    (c) the person would have been entitled to have remained on that leave on and after the transfer day if the person had continued to be an employee of the statutory authority.\n  (2) On and after the transfer day, the Maternity Leave Act continues to apply to the person in relation to the confinement in respect of which the leave was granted as if the industry services body were a prescribed authority for the purposes of that Act.\n\n#### 33 Maternity leave starting after transfer day\n\n  (1) This section applies in relation to a person if:\n    (a) immediately before the transfer day, the person was a female employee of a statutory authority; and\n    (b) the person becomes an employee of the industry services body on the transfer day; and\n    (c) within 9 months after the transfer day, the person would have been entitled to start leave granted under the Maternity Leave Act if the person had continued to be an employee of the statutory authority.\n  (2) On and after the transfer day, the Maternity Leave Act continues to apply to the person in relation to the confinement in respect of which she would have been entitled to leave as if the industry services body were a prescribed authority for the purposes of that Act.\n\n#### Subdivision E—Provisions relating to superannuation\n\n#### 34 Application of the Superannuation Act 1922\n\n  Section 145 of the Superannuation Act 1922 does not apply in relation to the industry services body.\n\n#### 35 Application of other Superannuation Acts\n\n  The industry services body is not an approved authority for the purposes of the Superannuation Act 1976 or the Superannuation Act 1990.\n\n#### 36 Application of the Superannuation Benefits (Supervisory Mechanisms) Act 1990\n\n  (1) The Minister must not declare the industry services body 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 F—Provisions relating to long service leave\n\n#### 37 Long service leave for employees with less than 10 years service\n\n  (1) This section applies in relation to a person:\n    (a) who became a transferred employee of the industry services body on the transfer day; and\n    (b) whose period of service for the purposes of the Long Service Leave Act immediately before the transfer day 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 the industry services body until his or her combined service period is at least 10 years, the industry services body may grant the employee long service leave on full salary for a period up to the employee’s long service leave credit under subsection 40(1).\n  (4) If:\n    (a) the employee stops being an employee of the industry services body 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 the industry services body is at least one year;\n  the industry services body may grant the employee long service leave on full salary for a period up to the employee’s long service leave credit under subsection 40(1).\n  (5) If a period of long service leave may be granted to an employee under subsection (3) or (4), the industry services body 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 37 of the Horticulture Marketing and Research and Development Services (Repeals and Consequential Provisions) Act 2000”.\n\n#### 38 Payments in lieu of long service leave for employees with less than 10 years service\n\n  (1) This section applies to a person:\n    (a) who became a transferred employee on the transfer day; and\n    (b) whose period of service for the purposes of the Long Service Leave Act immediately before the transfer day 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 the industry services body on or after the day on which his or her combined service period reaches 10 years, the industry services body must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 40(2).\n  (4) If:\n    (a) the employee stops being an employee of the industry services body, 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  the industry services body must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 40(2).\n  (5) If:\n    (a) the employee stops being an employee of the industry services body; and\n    (b) the industry services body is satisfied that the employee left the industry services body’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  the industry services body must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 40(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 38 of the Horticulture Marketing and Research and Development Services (Repeals and Consequential Provisions) Act 2000”.\n\n#### 39 Payments on the death of an employee\n\n  (1) This section applies to a person who was an employee of a statutory authority immediately before the transfer day if, at that time, the employee’s period of service for the purposes of the Long Service Leave Act was less than 10 years.\n  (2) If the person dies on or after the transfer day and immediately before his or her death:\n    (a) the person was an employee of the industry services body; and\n    (b) the person’s combined service period was at least one year; and\n    (c) the person had one or more dependants;\n  the industry services body 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 38 if, on the day of his or her death, the person had instead stopped being an employee of the industry services body 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 the industry services body; and\n    (b) a reference in that section to the approving authority were a reference to the industry services body; and\n    (c) for the expression “this Act” in that section there were substituted the expression “section 39 of the Horticulture Marketing and Research and Development Services (Repeals and Consequential Provisions) Act 2000”; and\n    (d) for the expression “subsection 16(7) or 17(5)” there were substituted the expression “section 39 of the Horticulture Marketing and Research and Development Services (Repeals and Consequential Provisions) Act 2000”.\n\n#### 40 Employee’s long service leave credit for the purposes of sections 37 and 38\n\n  (1) For the purposes of section 37, 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 on the transfer day;\n  if the employee had been retrenched on that day.\n  (2) For the purposes of section 38, 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 37.\n\n#### 41 Employees with at least 10 years service\n\n  (1) This section applies to an employee of a statutory authority whose period of service under the Long Service Leave Act was at least 10 years immediately before the transfer day.\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 if the employee becomes an employee of the industry services body on the transfer day. 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 on and after the transfer day in relation to the employee’s rights under that Act that accrued before the transfer day, as if the industry services body were an approving authority for the purposes of that Act.\n\n#### 42 Division not to affect post‑commencement long service leave rights\n\n  This Division does not affect an employee’s post‑commencement long service leave rights.\n\n> Note: For the meaning of post‑commencement long service leave rights, see section 4.\n\n#### Subdivision G—Staff with mobility rights\n\n#### 43 Cessation of mobility rights\n\n  If a transferred employee had rights under section 6 or 7 of the Public Employment (Consequential and Transitional) Amendment Act 1999 immediately before the transfer day, the employee ceases to have those rights, and ceases to be an APS employee, on the transfer day.\n\n> Note: For the meaning of APS employee, see section 4.\n\n### Division 5—Transitional period for export controls\n\n#### 44 Simplified outline\n\n  The following is a simplified outline of this Division:\n\nThe system of export controls in place under the Australian Horticultural Corporation Act 1987 is continued after the transfer day for a transitional period (a maximum of 2 years).\n\nDuring the transitional period most of the export control powers that the Australian Horticultural Corporation had can be exercised by the new industry export control body.\n\n#### 45 Continuation of export controls despite repeal of AHC Act\n\n  (1) In spite of the repeal of the Australian Horticultural Corporation Act 1987 (the Act):\n    (a) Part V of the Act continues in force after the repeal; and\n    (b) regulations, orders and other instruments made under the Act for the purposes of Part V that were in force immediately before the repeal continue in force.\n  (2) Any other provision of the Act that is necessary for the effective operation of Part V of the Act (as continued in force under subsection (1)) also continues in force in spite of the repeal but applies only to the extent that it relates to the operation of Part V.\n  (3) Without limiting subsection (2), sections 121 and 122 of the Act continue in force to the extent that regulations and orders relating to the operation of Part V (including regulations, or orders, amending or repealing earlier regulations or orders) may be made under them.\n  (4) Chapter 2 (other than Part 2.5) of the Criminal Code applies to all offences against Part V of the Act.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n  (5) The offences in subsections 118(1) and (2) of the Act are offences of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (6) For the purposes of subsection 118(2) of the Act, the defendant bears an evidential burden in relation to the matter of whether the defendant has a reasonable excuse.\n\n> Note: For evidential burdens, see subsection 13.3(3) of the Criminal Code.\n\n#### 46 References to AHC and Product Board\n\n  (1) During the transitional period, references to powers, duties or functions of the Corporation or of a Board in Part V of the Act or in an instrument in force under Part V are taken to be references to powers, duties or functions of the industry export control body.\n\n> Note: For transitional period and industry export control body, see section 4.\n\n  (2) However, in spite of subsection (1), the industry export control body does not, during the transitional period, have the power:\n    (a) to prohibit the export of a product to a specified place unless the export of the product to that place was prohibited immediately before the transfer day; or\n    (b) to revoke or vary a prohibition of export to a specified place.\n\n> Note: The power to prohibit the export of a horticultural product to a specified place is given to the Corporation by regulation 5 of the Australian Horticultural Corporation (Export Control) Regulations 1990.\n\n#### 47 Phasing out of export controls under Part V of AHC Act\n\n  (1) If:\n    (a) the export of a horticultural product to a place is prohibited under the Australian Horticultural Corporation (Export Control) Regulations 1990 or the Australian Horticultural Corporation (Dried Fruits Export Control) Regulations 1991; and\n    (b) during the transitional period, the product and the place are the subject of an order (the new order) under section 19 of the Horticulture Marketing and Research and Development Services Act 2000;\n  Part V (and any instrument made under, or for the purposes of, Part V) ceases, at the time of the new order, to have effect in relation to the export of that product to that place.\n  (2) If, at the end of the transitional period, Part V of the Act still has effect in relation to any horticultural product, it (and any instrument made under, or for the purposes of, Part V) ceases to have effect immediately after the end of the transitional period.\n\n### Division 6—Final annual reports\n\n#### 48 Simplified outline\n\n  The following is a simplified outline of this Division:\n\nEach of the 3 statutory authorities must produce a final annual report covering the authority’s operations and financial status up to the transfer day.\n\n#### 49 Final annual report: Australian Horticultural Corporation\n\n  (1) In spite of the repeal of the Australian Horticultural Corporation Act 1987:\n    (a) the Australian Horticultural Corporation continues in existence for the purpose of giving the Minister the report required under section 9 of the Commonwealth Authorities and Companies Act 1997 in relation to the period starting on the last 1 July before the transfer day and ending on the transfer day; and\n    (b) for that purpose, the membership of the Corporation immediately before the transfer day is taken to be the same on and after the transfer day.\n  (2) For the purposes of the application of section 9 of the Commonwealth Authorities and Companies Act 1997 to the report referred to in subsection (1):\n    (a) the period starting on the last 1 July before the transfer day and ending on the transfer day is taken to be a financial year; and\n    (b) the Australian Horticultural Corporation Act 1987 continues to have effect as if it had not been repealed.\n\n#### 50 Final annual report: Australian Dried Fruits Board\n\n  (1) In spite of the repeal of the Australian Horticultural Corporation Act 1987:\n    (a) the Australian Dried Fruits Board continues in existence for the purpose of giving the Minister the report required under section 9 of the Commonwealth Authorities and Companies Act 1997 in relation to the period starting on the last 1 July before the transfer day and ending on the transfer day; and\n    (b) for that purpose, the membership of the Board immediately before the transfer day is taken to be the same on and after the transfer day.\n  (2) For the purposes of the application of section 9 of the Commonwealth Authorities and Companies Act 1997 to the report referred to in subsection (1):\n    (a) the period starting on the last 1 July before the transfer day and ending on the transfer day is taken to be a financial year; and\n    (b) the Australian Horticultural Corporation Act 1987 continues to have effect as if it had not been repealed; and\n    (c) the reference in paragraph 101A(b) of that Act to 31 August after the end of the financial year is taken to be a reference to the day occurring 8 weeks after the transfer day; and\n    (d) the reference in subsection 30A(1) of that Act to 15 October after the end of each financial year is taken to be a reference to the day occurring 14 weeks after the transfer day.\n\n#### 51 Final annual report: Horticultural Research and Development Corporation\n\n  (1) In spite of the repeal of the Horticultural Research and Development Corporation Act 1987:\n    (a) the Horticultural Research and Development Corporation continues in existence for the purpose of giving the Minister the report required under section 9 of the Commonwealth Authorities and Companies Act 1997 in relation to the period starting on the last 1 July before the transfer day and ending on the transfer day; and\n    (b) for that purpose, the membership of the Corporation immediately before the transfer day is taken to be the same on and after the transfer day.\n  (2) For the purposes of the application of section 9 of the Commonwealth Authorities and Companies Act 1997 to the report referred to in subsection (1):\n    (a) the period starting on the last 1 July before the transfer day and ending on the transfer day is taken to be a financial year; and\n    (b) the Australian Horticultural Research and Development Corporation Act 1987 continues to have effect as if it had not been repealed.\n\n### Division 7—Miscellaneous\n\n#### 52 Delegation of Secretary’s powers\n\n  The Secretary may delegate all or any of the Secretary’s powers under this Act, the regulations or orders to an APS employee in the Department who has appropriate skills or experience. The delegation must be in writing.\n\n> Note: For the meaning of APS employee, see section 4.\n\n#### 53 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 and just terms have the same respective meanings as in paragraph 51(xxxi) of the Constitution.\n\n#### 54 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 dealing with other transitional matters arising out of the repeal of the Australian Horticultural Corporation Act 1987 and the Horticultural Research and Development Corporation Act 1987 and the enactment of this Act and the Horticulture Marketing and Research and Development Services Act 2000.","sortOrder":49},{"sectionNumber":"43","sectionType":"section","heading":"Cessation of mobility rights","content":"#### 43 Cessation of mobility rights\n\n  If a transferred employee had rights under section 6 or 7 of the Public Employment (Consequential and Transitional) Amendment Act 1999 immediately before the transfer day, the employee ceases to have those rights, and ceases to be an APS employee, on the transfer day.\n\n> Note: For the meaning of APS employee, see section 4.","sortOrder":50},{"sectionNumber":"Division 5","sectionType":"division","heading":"Transitional period for export controls","content":"An Act to deal with matters consequential on the enactment of the Horticulture Marketing and Research and Development Services Act 2000, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Horticulture Marketing and Research and Development Services (Repeals and Consequential Provisions) Act 2000.\n\n#### 2 Commencement\n\n  (1) Subject to this section, this Act commences at the same time as Part 2 of the Horticulture Marketing and Research and Development Services Act 2000.\n  (2) Schedules 1 (repeals) and 2 (consequential amendments) commence on the transfer day, immediately after the transfer of assets, liabilities and staff under Part 2.\n\n> Note: See sections 12 and 13 for the transfer day, and the time at which the transfer occurs.\n\n  (3) Schedule 3 (references to Administrative Appeals Tribunal) commences at the later of:\n    (a) the time when Parts 4 to 10 of the Act that establishes the Administrative Review Tribunal commence; and\n    (b) the time immediately after the Horticulture Marketing and Research and Development Services Act 2000 receives the Royal Assent.\n\n> Note: The short title of the Act that establishes the Administrative Review Tribunal is either the Administrative Review Tribunal Act 2000 or the Administrative Review Tribunal Act 2001.\n\n  (4) Schedule 4 (operation of the Privacy Act) commences at the later of:\n    (a) the time when Schedule 1 to the Privacy Amendment (Private Sector) Act 2000 commences; and\n    (b) the time immediately after the Horticulture Marketing and Research and Development Services Act 2000 receives the Royal Assent.\n\n#### 3 Simplified outline\n\n  The following is a simplified outline of this Act:\n\nThis Act deals with the transition from the Australian Horticultural Corporation, Horticultural Research and Development Corporation and the Australian Dried Fruits Board to new bodies. The new bodies are those declared under the Horticulture Marketing and Research and Development Services Act 2000.\n\nThe Minister must determine a transfer day (see section 12).\n\nOn the transfer day assets, liabilities and staff of the Corporations and the Board are transferred to the new industry services body (see Divisions 2, 3 and 4 of Part 2).\n\nThe system of export controls in place under the Australian Horticultural Corporation Act 1987 is kept in place for a maximum period of 2 years after the transfer day. Export controls on particular products can be phased out during the 2 year period, as controls on those products are brought in under the Horticulture Marketing and Research and Development Services Act 2000 (see Division 5 of Part 2 of this Act).\n\nThe Australian Horticultural Corporation Act 1987 and the Horticultural Research and Development Corporation Act 1987 are repealed once the assets, liabilities and staff of the bodies established by those Acts have been transferred to the new industry services body.\n\n#### 4 Definitions\n\n  (1) In this Act, unless the contrary intention appears:\n\n> ADF Trust Amount has the meaning given by section 17.\n\n> APS employee has the same meaning as in the Public Service Act 1999.\n\n> assets means any legal or equitable estate or interest of the authority in real or personal property (whether actual, contingent or prospective) and includes all rights, powers, privileges and immunities (whether actual, contingent or prospective).\n\n> assets official means a person or authority who, under a law, has responsibility for keeping a register in relation to assets of the kind concerned.\n\n> combined service period, in relation to an employee, means the total of:\n\n    (a) the period that is, immediately before the transfer day, 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 the industry services body.\n\n> DFRDB Act means the Defence Force Retirement and Death Benefits Act 1973.\n\n> Dried Fruits Trust has the meaning given by section 17.\n\n> employee, in relation to a statutory authority, means a person who was, immediately before the transfer day, an officer or an employee of the authority, and includes the Chief Executive Officer, Managing Director or General Manager of the authority.\n\n> industry export control body means the body for the time being declared to be the industry export control body under the Horticulture Marketing and Research and Development Services Act 2000.\n\n> industry services body means the body that was the industry services body under the Horticulture Marketing and Research and Development Services Act 2000 on 31 December 2024.\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> liabilities means all liabilities, duties and obligations, 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 transfer day.\n\n> Maternity Leave Act means the Maternity Leave (Commonwealth Employees) Act 1973, as in force immediately before the transfer day.\n\n> post‑commencement long service leave rights, in relation to an employee, means any long service leave rights the employee acquires on or after the transfer day under an award, determination, industrial agreement or law (other than this Act).\n\n> previous employer, in relation to a transferred employee, means the statutory authority that employed the employee immediately before the transfer day.\n\n> SRC Act means the Safety, Rehabilitation and Compensation Act 1988, as in force immediately before the transfer day.\n\n> statutory authority means:\n\n    (a) the Australian Horticultural Corporation; or\n    (b) the Horticultural Research and Development Corporation; or\n    (c) the Australian Dried Fruits Board.\n\n> transfer day means the day specified by the Minister as the transfer day in a determination under section 12.\n\n> transferred employee means a person whose employment is transferred under section 24.\n\n> transitional period means the period of 24 months beginning on the transfer day.\n\n  (2) Expressions used in this Act that are defined in the Horticulture Marketing and Research and Development Services Act 2000 have the same meanings as they have in that Act.\n  (3) Expressions used in Subdivision F of Division 4 of Part 2 that are defined in the Long Service Leave Act have the same meanings as they have in that Act.\n\n#### 5 Crown to be bound\n\n  This Act binds the Crown in each of its capacities.\n\n#### 6 Extra‑territorial operation\n\n  This Act applies both within and outside Australia.\n\n## Part 2—Transitional provisions\n\n### Division 2—Transfer day\n\n#### 11 Simplified outline\n\n  The following is a simplified outline of this Division:\n\nThis Division provides for the Minister to determine the transfer day.\n\n#### 12 Minister must determine transfer day\n\n  (1) The Minister must determine, in writing, that a specified day is the transfer day for the purposes of this Act.\n  (2) The day:\n    (a) must not be a day before both of the following declarations have taken effect under section 9 of the Horticulture Marketing and Research and Development Services Act 2000:\n    (i) the first declaration of the industry services body;\n    (ii) the first declaration of the industry export control body; and\n    (b) must be a day within the period of 6 months after the commencement of this section.\n  (3) The determination has effect accordingly.\n  (4) A copy of the determination is to be published in the Gazette within 14 days after the determination is made.\n  (5) The determination can be varied or revoked by the Minister in the same manner in which it was made, but it cannot be varied or revoked on or after the day specified in the determination as the transfer day.\n  (6) The determination is not invalid merely because it has not been published as required under subsection (4).\n\n#### 13 Time of transfers\n\n  Any transfer occurring under this Part is taken to occur immediately after the end of the day before the transfer day.\n\n### Division 3—Transfer of assets and liabilities etc.\n\n#### 14 Simplified outline\n\n  The following is a simplified outline of this Division:\n\nOn the transfer day, the assets and liabilities of the 3 statutory authorities vest in the new industry services body.\n\nSpecial provision is made for the transfer of certain money of the Australian Dried Fruits Board (see section 17).\n\nTransfers are not subject to taxation (see section 19).\n\nOther transitional matters (such as the transfer of records, outstanding money and legal proceedings) are also dealt with.\n\n#### 15 Transfers subject to conditions\n\n  The deed of agreement may contain conditions relating to an asset or liability, or a class of assets or liabilities, transferred to the industry services body under this Act.\n\n> Note: The Horticulture Marketing and Research and Development Services Act 2000 and the of deed of agreement provide for the consequences of a breach of the deed by the industry services body (see sections 10, 16 and 27 of that Act, and the provisions of the deed).\n\n#### 16 Transfer of assets and liabilities\n\n  (1) This section applies to:\n    (a) the assets of a statutory authority (other than the ADF Trust Amount); and\n    (b) the liabilities of a statutory authority (other than a liability referred to in section 28).\n\n> Note: The transfer of the ADF Trust Amount is dealt with in section 17.\n\n  (3) On the transfer day:\n    (a) the assets and liabilities cease to be assets and liabilities of the authority and become assets and liabilities of the industry services body without any conveyance, transfer or assignment; and\n    (b) the industry services body becomes the statutory authority’s successor in law in relation to the assets and liabilities immediately after they become assets and liabilities of the industry services body.\n\n> Note: See also sections 18 and 21.\n\n#### 17 ADF Trust Amount\n\n  (1) The Minister may determine, in writing, that:\n    (a) a particular amount of money of the Australian Dried Fruits Board is the ADF Trust Amount for the purposes of this section; and\n    (b) a particular trust is the Dried Fruits Trust for the purposes of this section.\n  (2) If the Minister has made a determination under subsection (1) before the transfer day, the ADF Trust Amount vests in the trustees on the transfer day and is held on trust by the trustees for the purposes of the Dried Fruits Trust.\n  (3) If the ADF Trust Amount is transferred under subsection (2), it vests in the trustees without any conveyance, transfer or assignment.\n  (4) A copy of the determination is to be published in the Gazette within 14 days after the determination is made.\n  (5) The determination is not invalid merely because it has not been published as required under subsection (4).\n\n#### 18 Transfer of pending proceedings\n\n  (1) This section applies if, as a result of a transfer under this Act, a person (the successor) becomes the successor in law of another person (the original person) at a particular time in relation to a particular asset, liability, right, benefit or obligation.\n  (2) If any proceedings to which the original person was a party:\n    (a) were pending in any court or tribunal immediately before that time; and\n    (b) related, in whole or in part, to the asset, liability, right, benefit or obligation, as the case may be;\n  the successor is, by force of this subsection, substituted for the original person as a party to the proceedings to the extent to which the proceedings relate to the asset, liability, right, benefit or obligation, as the case requires.\n\n#### 19 Exemption from taxation\n\n  Stamp duty or other tax is not payable under a law of a State or Territory in respect of:\n    (a) a transfer of an asset or liability of a statutory authority under this Act; or\n    (b) anything done (including a transaction entered into or an instrument or document made, executed, lodged or given) because of, or for a purpose connected with or arising out of, such a transfer.\n\n#### 19A Operation of GST Law\n\n  (1) For the purposes of the GST Law, a transfer to a person or body under section 16 or 17 of this Act is taken to be consideration provided by the Commonwealth to that person or body for:\n    (a) in the case of a transfer under section 16—entering into obligations under the deed of agreement by the industry services body; and\n    (b) in the case of a transfer under section 17—entering into obligations under the deed of trust establishing the Dried Fruits Trust by the trustees of that Trust.\n  (2) Expressions used in this section have the same meanings as they have in the A New Tax System (Goods and Services Tax) Act 1999.\n\n#### 20 References in certain instruments\n\n  (1) An instrument to which subsection (2) applies continues to have effect on and after the transfer day as if a reference in the instrument to the statutory authority were a reference to the industry services body.\n  (2) This subsection applies to an instrument if it is:\n    (a) in operation immediately before the transfer day; and\n    (b) is an instrument:\n    (i) to which a statutory authority is a party; or\n    (ii) which was given to, or in favour of, a statutory authority; or\n    (iii) in which a reference is made to a statutory authority; or\n    (iv) under which any right or liability accrues or may accrue to a statutory authority.\n\n#### 21 Certificates in relation to assets\n\n  (1) This section applies if:\n    (a) an asset (other than money) becomes an asset of the industry services body under this Division; and\n    (b) there is lodged with an assets official a certificate that:\n    (i) is signed by the Secretary; and\n    (ii) identifies the asset; and\n    (iii) states that the asset has become an asset of the body under this Division.\n\n> Note: For the meaning of assets official, see section 4.\n\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) A document that appears to be a certificate under subsection (1) is taken to be such a certificate, and to have been properly given, unless the contrary is established.\n\n### Division 4—Transfer of staff\n\n#### Subdivision A—Preliminary\n\n#### 23 Simplified outline\n\n  The following is a simplified outline of this Division:\n\nOn the transfer day, the staff of the 3 statutory authorities are transferred to the new industry services body on the same terms and conditions, and with the same accrued entitlements, that they had before the transfer (see section 25).\n\nThe terms and conditions on which the staff are transferred can be varied after the transfer (see section 26).\n\nOther provisions deal with the application of certain Commonwealth Acts (such as superannuation Acts and the Maternity Leave Act).\n\n#### 24 Transfer of staff\n\n  On the transfer day, each employee of a statutory authority ceases to be employed by the statutory authority and is taken to have been engaged as an employee of the industry services body immediately after that cessation.\n\n#### 25 Terms and conditions of transferred employees\n\n  (1) A transferred employee is taken:\n    (a) to have been engaged by the industry services body on the same terms and conditions as those that applied to the person, immediately before the transfer day, as an employee of the previous employer; and\n    (b) to have accrued an entitlement to benefits, in connection with that engagement by the industry services body, that is equivalent to the entitlement that the person had accrued, as an employee of the previous employer, immediately before the employee’s transfer time.\n\n> Note: For previous employer, see section 4.\n\n  (2) The service of a transferred employee as an employee of the industry services body is taken, for all purposes, to have been continuous with the service of the employee, immediately before the transfer day, as an employee of the previous employer.\n  (3) A transferred employee is not entitled to receive any payment or other benefit merely because he or she stopped being an employee of the previous employer as a result of this Division.\n  (4) 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#### 26 Variation of terms and conditions of employment\n\n  (1) This Division does not prevent the terms and conditions of a transferred employee’s employment after the transfer day 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> 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#### 27 Continued application of SRC Act\n\n  The SRC Act continues to apply on and after the transfer day in relation to:\n    (a) injuries suffered before that time by an employee of a statutory authority; and\n    (b) loss of, or damage to, property incurred before that time by an employee of a statutory authority.\n\n#### 28 Commonwealth liability to meet certain SRC Act liabilities\n\n  On and after the transfer day, the Commonwealth:\n    (a) is liable to pay the liabilities of the statutory authorities under section 128A of the SRC Act; and\n    (b) subject to section 29, is taken to have been the employer of the employees of the statutory authorities before the transfer day for the purposes of the application of the SRC Act in relation to those liabilities.\n\n#### 29 SRC Act: rehabilitation provisions\n\n  (1) If a transferred employee had, before the transfer day, suffered an injury resulting in an incapacity for work or an impairment, the employee’s employer 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 transferred employee.\n  (2) On and after the transfer day, the industry services body is, for the purposes of section 40 of the SRC Act, taken to be the relevant employer of each transferred employee employed by the industry services body.\n  (3) On and after the transfer day, the industry services body is, for the purposes of applying section 71 of the SRC Act in relation to each transferred employee, taken to be a Commonwealth authority.\n  (4) Expressions used in this section have the same meanings as they have in the SRC Act.\n\n#### 30 Premiums under the SRC Act\n\n  (1) The Safety, Rehabilitation and Compensation Commission must, as soon as practicable after the transfer day, determine the amount (if any) by which the confirmed estimate of premium for each statutory authority for the relevant financial year should be reduced.\n  (2) If:\n    (a) an amount equal to the confirmed estimate of premium for a statutory authority for the relevant financial year has been paid to the Commonwealth under section 96G of the SRC Act; and\n    (b) the amount of the confirmed estimate of premium is reduced as a result of a determination under subsection (1);\n  the Secretary 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 the industry services body in accordance with the direction.\n  (3) A direction by the Secretary 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 gives a direction, the amount or amounts to which it relates are payable out of the Consolidated Revenue Fund, which is appropriated accordingly, to the industry services body.\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 confirmed estimate of premium for a statutory authority for the relevant financial year and the amount of that confirmed estimate as reduced because of a determination under subsection (1).\n\n> relevant financial year means the financial year in which the transfer day occurs.\n\n  (9) Expressions used in this section have the same meanings as they have in the SRC Act.\n\n#### Subdivision C—Deferred Defence Force Retirement and Death Benefits Act benefits\n\n#### 31 Saving: deferred benefits under the DFRDB Act\n\n  (1) This section applies to a transferred employee of the industry services body if, immediately before the transfer day, the employee was a person to whom deferred benefits were applicable under section 78 of the DFRDB Act.\n  (2) For the purposes of Division 3 of Part IX of the DFRDB Act, the employee is taken to continue in public employment on and after the transfer day while the employee continues to be employed by the industry services body.\n  (3) This section is subject to Division 3 of Part IX of the DFRDB Act.\n\n#### Subdivision D—Maternity leave provisions\n\n#### 32 Maternity leave starting before transfer day\n\n  (1) This section applies in relation to a person if:\n    (a) immediately before the transfer day, the person was a female employee of a statutory authority who was on leave granted under the Maternity Leave Act; and\n    (b) the person becomes an employee of the industry services body on the transfer day; and\n    (c) the person would have been entitled to have remained on that leave on and after the transfer day if the person had continued to be an employee of the statutory authority.\n  (2) On and after the transfer day, the Maternity Leave Act continues to apply to the person in relation to the confinement in respect of which the leave was granted as if the industry services body were a prescribed authority for the purposes of that Act.\n\n#### 33 Maternity leave starting after transfer day\n\n  (1) This section applies in relation to a person if:\n    (a) immediately before the transfer day, the person was a female employee of a statutory authority; and\n    (b) the person becomes an employee of the industry services body on the transfer day; and\n    (c) within 9 months after the transfer day, the person would have been entitled to start leave granted under the Maternity Leave Act if the person had continued to be an employee of the statutory authority.\n  (2) On and after the transfer day, the Maternity Leave Act continues to apply to the person in relation to the confinement in respect of which she would have been entitled to leave as if the industry services body were a prescribed authority for the purposes of that Act.\n\n#### Subdivision E—Provisions relating to superannuation\n\n#### 34 Application of the Superannuation Act 1922\n\n  Section 145 of the Superannuation Act 1922 does not apply in relation to the industry services body.\n\n#### 35 Application of other Superannuation Acts\n\n  The industry services body is not an approved authority for the purposes of the Superannuation Act 1976 or the Superannuation Act 1990.\n\n#### 36 Application of the Superannuation Benefits (Supervisory Mechanisms) Act 1990\n\n  (1) The Minister must not declare the industry services body 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 F—Provisions relating to long service leave\n\n#### 37 Long service leave for employees with less than 10 years service\n\n  (1) This section applies in relation to a person:\n    (a) who became a transferred employee of the industry services body on the transfer day; and\n    (b) whose period of service for the purposes of the Long Service Leave Act immediately before the transfer day 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 the industry services body until his or her combined service period is at least 10 years, the industry services body may grant the employee long service leave on full salary for a period up to the employee’s long service leave credit under subsection 40(1).\n  (4) If:\n    (a) the employee stops being an employee of the industry services body 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 the industry services body is at least one year;\n  the industry services body may grant the employee long service leave on full salary for a period up to the employee’s long service leave credit under subsection 40(1).\n  (5) If a period of long service leave may be granted to an employee under subsection (3) or (4), the industry services body 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 37 of the Horticulture Marketing and Research and Development Services (Repeals and Consequential Provisions) Act 2000”.\n\n#### 38 Payments in lieu of long service leave for employees with less than 10 years service\n\n  (1) This section applies to a person:\n    (a) who became a transferred employee on the transfer day; and\n    (b) whose period of service for the purposes of the Long Service Leave Act immediately before the transfer day 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 the industry services body on or after the day on which his or her combined service period reaches 10 years, the industry services body must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 40(2).\n  (4) If:\n    (a) the employee stops being an employee of the industry services body, 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  the industry services body must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 40(2).\n  (5) If:\n    (a) the employee stops being an employee of the industry services body; and\n    (b) the industry services body is satisfied that the employee left the industry services body’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  the industry services body must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 40(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 38 of the Horticulture Marketing and Research and Development Services (Repeals and Consequential Provisions) Act 2000”.\n\n#### 39 Payments on the death of an employee\n\n  (1) This section applies to a person who was an employee of a statutory authority immediately before the transfer day if, at that time, the employee’s period of service for the purposes of the Long Service Leave Act was less than 10 years.\n  (2) If the person dies on or after the transfer day and immediately before his or her death:\n    (a) the person was an employee of the industry services body; and\n    (b) the person’s combined service period was at least one year; and\n    (c) the person had one or more dependants;\n  the industry services body 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 38 if, on the day of his or her death, the person had instead stopped being an employee of the industry services body 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 the industry services body; and\n    (b) a reference in that section to the approving authority were a reference to the industry services body; and\n    (c) for the expression “this Act” in that section there were substituted the expression “section 39 of the Horticulture Marketing and Research and Development Services (Repeals and Consequential Provisions) Act 2000”; and\n    (d) for the expression “subsection 16(7) or 17(5)” there were substituted the expression “section 39 of the Horticulture Marketing and Research and Development Services (Repeals and Consequential Provisions) Act 2000”.\n\n#### 40 Employee’s long service leave credit for the purposes of sections 37 and 38\n\n  (1) For the purposes of section 37, 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 on the transfer day;\n  if the employee had been retrenched on that day.\n  (2) For the purposes of section 38, 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 37.\n\n#### 41 Employees with at least 10 years service\n\n  (1) This section applies to an employee of a statutory authority whose period of service under the Long Service Leave Act was at least 10 years immediately before the transfer day.\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 if the employee becomes an employee of the industry services body on the transfer day. 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 on and after the transfer day in relation to the employee’s rights under that Act that accrued before the transfer day, as if the industry services body were an approving authority for the purposes of that Act.\n\n#### 42 Division not to affect post‑commencement long service leave rights\n\n  This Division does not affect an employee’s post‑commencement long service leave rights.\n\n> Note: For the meaning of post‑commencement long service leave rights, see section 4.\n\n#### Subdivision G—Staff with mobility rights\n\n#### 43 Cessation of mobility rights\n\n  If a transferred employee had rights under section 6 or 7 of the Public Employment (Consequential and Transitional) Amendment Act 1999 immediately before the transfer day, the employee ceases to have those rights, and ceases to be an APS employee, on the transfer day.\n\n> Note: For the meaning of APS employee, see section 4.\n\n### Division 5—Transitional period for export controls\n\n#### 44 Simplified outline\n\n  The following is a simplified outline of this Division:\n\nThe system of export controls in place under the Australian Horticultural Corporation Act 1987 is continued after the transfer day for a transitional period (a maximum of 2 years).\n\nDuring the transitional period most of the export control powers that the Australian Horticultural Corporation had can be exercised by the new industry export control body.\n\n#### 45 Continuation of export controls despite repeal of AHC Act\n\n  (1) In spite of the repeal of the Australian Horticultural Corporation Act 1987 (the Act):\n    (a) Part V of the Act continues in force after the repeal; and\n    (b) regulations, orders and other instruments made under the Act for the purposes of Part V that were in force immediately before the repeal continue in force.\n  (2) Any other provision of the Act that is necessary for the effective operation of Part V of the Act (as continued in force under subsection (1)) also continues in force in spite of the repeal but applies only to the extent that it relates to the operation of Part V.\n  (3) Without limiting subsection (2), sections 121 and 122 of the Act continue in force to the extent that regulations and orders relating to the operation of Part V (including regulations, or orders, amending or repealing earlier regulations or orders) may be made under them.\n  (4) Chapter 2 (other than Part 2.5) of the Criminal Code applies to all offences against Part V of the Act.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n  (5) The offences in subsections 118(1) and (2) of the Act are offences of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (6) For the purposes of subsection 118(2) of the Act, the defendant bears an evidential burden in relation to the matter of whether the defendant has a reasonable excuse.\n\n> Note: For evidential burdens, see subsection 13.3(3) of the Criminal Code.\n\n#### 46 References to AHC and Product Board\n\n  (1) During the transitional period, references to powers, duties or functions of the Corporation or of a Board in Part V of the Act or in an instrument in force under Part V are taken to be references to powers, duties or functions of the industry export control body.\n\n> Note: For transitional period and industry export control body, see section 4.\n\n  (2) However, in spite of subsection (1), the industry export control body does not, during the transitional period, have the power:\n    (a) to prohibit the export of a product to a specified place unless the export of the product to that place was prohibited immediately before the transfer day; or\n    (b) to revoke or vary a prohibition of export to a specified place.\n\n> Note: The power to prohibit the export of a horticultural product to a specified place is given to the Corporation by regulation 5 of the Australian Horticultural Corporation (Export Control) Regulations 1990.\n\n#### 47 Phasing out of export controls under Part V of AHC Act\n\n  (1) If:\n    (a) the export of a horticultural product to a place is prohibited under the Australian Horticultural Corporation (Export Control) Regulations 1990 or the Australian Horticultural Corporation (Dried Fruits Export Control) Regulations 1991; and\n    (b) during the transitional period, the product and the place are the subject of an order (the new order) under section 19 of the Horticulture Marketing and Research and Development Services Act 2000;\n  Part V (and any instrument made under, or for the purposes of, Part V) ceases, at the time of the new order, to have effect in relation to the export of that product to that place.\n  (2) If, at the end of the transitional period, Part V of the Act still has effect in relation to any horticultural product, it (and any instrument made under, or for the purposes of, Part V) ceases to have effect immediately after the end of the transitional period.\n\n### Division 6—Final annual reports\n\n#### 48 Simplified outline\n\n  The following is a simplified outline of this Division:\n\nEach of the 3 statutory authorities must produce a final annual report covering the authority’s operations and financial status up to the transfer day.\n\n#### 49 Final annual report: Australian Horticultural Corporation\n\n  (1) In spite of the repeal of the Australian Horticultural Corporation Act 1987:\n    (a) the Australian Horticultural Corporation continues in existence for the purpose of giving the Minister the report required under section 9 of the Commonwealth Authorities and Companies Act 1997 in relation to the period starting on the last 1 July before the transfer day and ending on the transfer day; and\n    (b) for that purpose, the membership of the Corporation immediately before the transfer day is taken to be the same on and after the transfer day.\n  (2) For the purposes of the application of section 9 of the Commonwealth Authorities and Companies Act 1997 to the report referred to in subsection (1):\n    (a) the period starting on the last 1 July before the transfer day and ending on the transfer day is taken to be a financial year; and\n    (b) the Australian Horticultural Corporation Act 1987 continues to have effect as if it had not been repealed.\n\n#### 50 Final annual report: Australian Dried Fruits Board\n\n  (1) In spite of the repeal of the Australian Horticultural Corporation Act 1987:\n    (a) the Australian Dried Fruits Board continues in existence for the purpose of giving the Minister the report required under section 9 of the Commonwealth Authorities and Companies Act 1997 in relation to the period starting on the last 1 July before the transfer day and ending on the transfer day; and\n    (b) for that purpose, the membership of the Board immediately before the transfer day is taken to be the same on and after the transfer day.\n  (2) For the purposes of the application of section 9 of the Commonwealth Authorities and Companies Act 1997 to the report referred to in subsection (1):\n    (a) the period starting on the last 1 July before the transfer day and ending on the transfer day is taken to be a financial year; and\n    (b) the Australian Horticultural Corporation Act 1987 continues to have effect as if it had not been repealed; and\n    (c) the reference in paragraph 101A(b) of that Act to 31 August after the end of the financial year is taken to be a reference to the day occurring 8 weeks after the transfer day; and\n    (d) the reference in subsection 30A(1) of that Act to 15 October after the end of each financial year is taken to be a reference to the day occurring 14 weeks after the transfer day.\n\n#### 51 Final annual report: Horticultural Research and Development Corporation\n\n  (1) In spite of the repeal of the Horticultural Research and Development Corporation Act 1987:\n    (a) the Horticultural Research and Development Corporation continues in existence for the purpose of giving the Minister the report required under section 9 of the Commonwealth Authorities and Companies Act 1997 in relation to the period starting on the last 1 July before the transfer day and ending on the transfer day; and\n    (b) for that purpose, the membership of the Corporation immediately before the transfer day is taken to be the same on and after the transfer day.\n  (2) For the purposes of the application of section 9 of the Commonwealth Authorities and Companies Act 1997 to the report referred to in subsection (1):\n    (a) the period starting on the last 1 July before the transfer day and ending on the transfer day is taken to be a financial year; and\n    (b) the Australian Horticultural Research and Development Corporation Act 1987 continues to have effect as if it had not been repealed.\n\n### Division 7—Miscellaneous\n\n#### 52 Delegation of Secretary’s powers\n\n  The Secretary may delegate all or any of the Secretary’s powers under this Act, the regulations or orders to an APS employee in the Department who has appropriate skills or experience. The delegation must be in writing.\n\n> Note: For the meaning of APS employee, see section 4.\n\n#### 53 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 and just terms have the same respective meanings as in paragraph 51(xxxi) of the Constitution.\n\n#### 54 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 dealing with other transitional matters arising out of the repeal of the Australian Horticultural Corporation Act 1987 and the Horticultural Research and Development Corporation Act 1987 and the enactment of this Act and the Horticulture Marketing and Research and Development Services Act 2000.","sortOrder":51},{"sectionNumber":"44","sectionType":"section","heading":"Simplified outline","content":"#### 44 Simplified outline\n\n  The following is a simplified outline of this Division:\n\nThe system of export controls in place under the Australian Horticultural Corporation Act 1987 is continued after the transfer day for a transitional period (a maximum of 2 years).\n\nDuring the transitional period most of the export control powers that the Australian Horticultural Corporation had can be exercised by the new industry export control body.","sortOrder":52},{"sectionNumber":"45","sectionType":"section","heading":"Continuation of export controls despite repeal of AHC Act","content":"#### 45 Continuation of export controls despite repeal of AHC Act\n\n  (1) In spite of the repeal of the Australian Horticultural Corporation Act 1987 (the Act):\n    (a) Part V of the Act continues in force after the repeal; and\n    (b) regulations, orders and other instruments made under the Act for the purposes of Part V that were in force immediately before the repeal continue in force.\n  (2) Any other provision of the Act that is necessary for the effective operation of Part V of the Act (as continued in force under subsection (1)) also continues in force in spite of the repeal but applies only to the extent that it relates to the operation of Part V.\n  (3) Without limiting subsection (2), sections 121 and 122 of the Act continue in force to the extent that regulations and orders relating to the operation of Part V (including regulations, or orders, amending or repealing earlier regulations or orders) may be made under them.\n  (4) Chapter 2 (other than Part 2.5) of the Criminal Code applies to all offences against Part V of the Act.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n  (5) The offences in subsections 118(1) and (2) of the Act are offences of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (6) For the purposes of subsection 118(2) of the Act, the defendant bears an evidential burden in relation to the matter of whether the defendant has a reasonable excuse.\n\n> Note: For evidential burdens, see subsection 13.3(3) of the Criminal Code.","sortOrder":53},{"sectionNumber":"46","sectionType":"section","heading":"References to AHC and Product Board","content":"#### 46 References to AHC and Product Board\n\n  (1) During the transitional period, references to powers, duties or functions of the Corporation or of a Board in Part V of the Act or in an instrument in force under Part V are taken to be references to powers, duties or functions of the industry export control body.\n\n> Note: For transitional period and industry export control body, see section 4.\n\n  (2) However, in spite of subsection (1), the industry export control body does not, during the transitional period, have the power:\n    (a) to prohibit the export of a product to a specified place unless the export of the product to that place was prohibited immediately before the transfer day; or\n    (b) to revoke or vary a prohibition of export to a specified place.\n\n> Note: The power to prohibit the export of a horticultural product to a specified place is given to the Corporation by regulation 5 of the Australian Horticultural Corporation (Export Control) Regulations 1990.","sortOrder":54},{"sectionNumber":"47","sectionType":"section","heading":"Phasing out of export controls under Part V of AHC Act","content":"#### 47 Phasing out of export controls under Part V of AHC Act\n\n  (1) If:\n    (a) the export of a horticultural product to a place is prohibited under the Australian Horticultural Corporation (Export Control) Regulations 1990 or the Australian Horticultural Corporation (Dried Fruits Export Control) Regulations 1991; and\n    (b) during the transitional period, the product and the place are the subject of an order (the new order) under section 19 of the Horticulture Marketing and Research and Development Services Act 2000;\n  Part V (and any instrument made under, or for the purposes of, Part V) ceases, at the time of the new order, to have effect in relation to the export of that product to that place.\n  (2) If, at the end of the transitional period, Part V of the Act still has effect in relation to any horticultural product, it (and any instrument made under, or for the purposes of, Part V) ceases to have effect immediately after the end of the transitional period.","sortOrder":55},{"sectionNumber":"Division 6","sectionType":"division","heading":"Final annual reports","content":"An Act to deal with matters consequential on the enactment of the Horticulture Marketing and Research and Development Services Act 2000, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Horticulture Marketing and Research and Development Services (Repeals and Consequential Provisions) Act 2000.\n\n#### 2 Commencement\n\n  (1) Subject to this section, this Act commences at the same time as Part 2 of the Horticulture Marketing and Research and Development Services Act 2000.\n  (2) Schedules 1 (repeals) and 2 (consequential amendments) commence on the transfer day, immediately after the transfer of assets, liabilities and staff under Part 2.\n\n> Note: See sections 12 and 13 for the transfer day, and the time at which the transfer occurs.\n\n  (3) Schedule 3 (references to Administrative Appeals Tribunal) commences at the later of:\n    (a) the time when Parts 4 to 10 of the Act that establishes the Administrative Review Tribunal commence; and\n    (b) the time immediately after the Horticulture Marketing and Research and Development Services Act 2000 receives the Royal Assent.\n\n> Note: The short title of the Act that establishes the Administrative Review Tribunal is either the Administrative Review Tribunal Act 2000 or the Administrative Review Tribunal Act 2001.\n\n  (4) Schedule 4 (operation of the Privacy Act) commences at the later of:\n    (a) the time when Schedule 1 to the Privacy Amendment (Private Sector) Act 2000 commences; and\n    (b) the time immediately after the Horticulture Marketing and Research and Development Services Act 2000 receives the Royal Assent.\n\n#### 3 Simplified outline\n\n  The following is a simplified outline of this Act:\n\nThis Act deals with the transition from the Australian Horticultural Corporation, Horticultural Research and Development Corporation and the Australian Dried Fruits Board to new bodies. The new bodies are those declared under the Horticulture Marketing and Research and Development Services Act 2000.\n\nThe Minister must determine a transfer day (see section 12).\n\nOn the transfer day assets, liabilities and staff of the Corporations and the Board are transferred to the new industry services body (see Divisions 2, 3 and 4 of Part 2).\n\nThe system of export controls in place under the Australian Horticultural Corporation Act 1987 is kept in place for a maximum period of 2 years after the transfer day. Export controls on particular products can be phased out during the 2 year period, as controls on those products are brought in under the Horticulture Marketing and Research and Development Services Act 2000 (see Division 5 of Part 2 of this Act).\n\nThe Australian Horticultural Corporation Act 1987 and the Horticultural Research and Development Corporation Act 1987 are repealed once the assets, liabilities and staff of the bodies established by those Acts have been transferred to the new industry services body.\n\n#### 4 Definitions\n\n  (1) In this Act, unless the contrary intention appears:\n\n> ADF Trust Amount has the meaning given by section 17.\n\n> APS employee has the same meaning as in the Public Service Act 1999.\n\n> assets means any legal or equitable estate or interest of the authority in real or personal property (whether actual, contingent or prospective) and includes all rights, powers, privileges and immunities (whether actual, contingent or prospective).\n\n> assets official means a person or authority who, under a law, has responsibility for keeping a register in relation to assets of the kind concerned.\n\n> combined service period, in relation to an employee, means the total of:\n\n    (a) the period that is, immediately before the transfer day, 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 the industry services body.\n\n> DFRDB Act means the Defence Force Retirement and Death Benefits Act 1973.\n\n> Dried Fruits Trust has the meaning given by section 17.\n\n> employee, in relation to a statutory authority, means a person who was, immediately before the transfer day, an officer or an employee of the authority, and includes the Chief Executive Officer, Managing Director or General Manager of the authority.\n\n> industry export control body means the body for the time being declared to be the industry export control body under the Horticulture Marketing and Research and Development Services Act 2000.\n\n> industry services body means the body that was the industry services body under the Horticulture Marketing and Research and Development Services Act 2000 on 31 December 2024.\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> liabilities means all liabilities, duties and obligations, 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 transfer day.\n\n> Maternity Leave Act means the Maternity Leave (Commonwealth Employees) Act 1973, as in force immediately before the transfer day.\n\n> post‑commencement long service leave rights, in relation to an employee, means any long service leave rights the employee acquires on or after the transfer day under an award, determination, industrial agreement or law (other than this Act).\n\n> previous employer, in relation to a transferred employee, means the statutory authority that employed the employee immediately before the transfer day.\n\n> SRC Act means the Safety, Rehabilitation and Compensation Act 1988, as in force immediately before the transfer day.\n\n> statutory authority means:\n\n    (a) the Australian Horticultural Corporation; or\n    (b) the Horticultural Research and Development Corporation; or\n    (c) the Australian Dried Fruits Board.\n\n> transfer day means the day specified by the Minister as the transfer day in a determination under section 12.\n\n> transferred employee means a person whose employment is transferred under section 24.\n\n> transitional period means the period of 24 months beginning on the transfer day.\n\n  (2) Expressions used in this Act that are defined in the Horticulture Marketing and Research and Development Services Act 2000 have the same meanings as they have in that Act.\n  (3) Expressions used in Subdivision F of Division 4 of Part 2 that are defined in the Long Service Leave Act have the same meanings as they have in that Act.\n\n#### 5 Crown to be bound\n\n  This Act binds the Crown in each of its capacities.\n\n#### 6 Extra‑territorial operation\n\n  This Act applies both within and outside Australia.\n\n## Part 2—Transitional provisions\n\n### Division 2—Transfer day\n\n#### 11 Simplified outline\n\n  The following is a simplified outline of this Division:\n\nThis Division provides for the Minister to determine the transfer day.\n\n#### 12 Minister must determine transfer day\n\n  (1) The Minister must determine, in writing, that a specified day is the transfer day for the purposes of this Act.\n  (2) The day:\n    (a) must not be a day before both of the following declarations have taken effect under section 9 of the Horticulture Marketing and Research and Development Services Act 2000:\n    (i) the first declaration of the industry services body;\n    (ii) the first declaration of the industry export control body; and\n    (b) must be a day within the period of 6 months after the commencement of this section.\n  (3) The determination has effect accordingly.\n  (4) A copy of the determination is to be published in the Gazette within 14 days after the determination is made.\n  (5) The determination can be varied or revoked by the Minister in the same manner in which it was made, but it cannot be varied or revoked on or after the day specified in the determination as the transfer day.\n  (6) The determination is not invalid merely because it has not been published as required under subsection (4).\n\n#### 13 Time of transfers\n\n  Any transfer occurring under this Part is taken to occur immediately after the end of the day before the transfer day.\n\n### Division 3—Transfer of assets and liabilities etc.\n\n#### 14 Simplified outline\n\n  The following is a simplified outline of this Division:\n\nOn the transfer day, the assets and liabilities of the 3 statutory authorities vest in the new industry services body.\n\nSpecial provision is made for the transfer of certain money of the Australian Dried Fruits Board (see section 17).\n\nTransfers are not subject to taxation (see section 19).\n\nOther transitional matters (such as the transfer of records, outstanding money and legal proceedings) are also dealt with.\n\n#### 15 Transfers subject to conditions\n\n  The deed of agreement may contain conditions relating to an asset or liability, or a class of assets or liabilities, transferred to the industry services body under this Act.\n\n> Note: The Horticulture Marketing and Research and Development Services Act 2000 and the of deed of agreement provide for the consequences of a breach of the deed by the industry services body (see sections 10, 16 and 27 of that Act, and the provisions of the deed).\n\n#### 16 Transfer of assets and liabilities\n\n  (1) This section applies to:\n    (a) the assets of a statutory authority (other than the ADF Trust Amount); and\n    (b) the liabilities of a statutory authority (other than a liability referred to in section 28).\n\n> Note: The transfer of the ADF Trust Amount is dealt with in section 17.\n\n  (3) On the transfer day:\n    (a) the assets and liabilities cease to be assets and liabilities of the authority and become assets and liabilities of the industry services body without any conveyance, transfer or assignment; and\n    (b) the industry services body becomes the statutory authority’s successor in law in relation to the assets and liabilities immediately after they become assets and liabilities of the industry services body.\n\n> Note: See also sections 18 and 21.\n\n#### 17 ADF Trust Amount\n\n  (1) The Minister may determine, in writing, that:\n    (a) a particular amount of money of the Australian Dried Fruits Board is the ADF Trust Amount for the purposes of this section; and\n    (b) a particular trust is the Dried Fruits Trust for the purposes of this section.\n  (2) If the Minister has made a determination under subsection (1) before the transfer day, the ADF Trust Amount vests in the trustees on the transfer day and is held on trust by the trustees for the purposes of the Dried Fruits Trust.\n  (3) If the ADF Trust Amount is transferred under subsection (2), it vests in the trustees without any conveyance, transfer or assignment.\n  (4) A copy of the determination is to be published in the Gazette within 14 days after the determination is made.\n  (5) The determination is not invalid merely because it has not been published as required under subsection (4).\n\n#### 18 Transfer of pending proceedings\n\n  (1) This section applies if, as a result of a transfer under this Act, a person (the successor) becomes the successor in law of another person (the original person) at a particular time in relation to a particular asset, liability, right, benefit or obligation.\n  (2) If any proceedings to which the original person was a party:\n    (a) were pending in any court or tribunal immediately before that time; and\n    (b) related, in whole or in part, to the asset, liability, right, benefit or obligation, as the case may be;\n  the successor is, by force of this subsection, substituted for the original person as a party to the proceedings to the extent to which the proceedings relate to the asset, liability, right, benefit or obligation, as the case requires.\n\n#### 19 Exemption from taxation\n\n  Stamp duty or other tax is not payable under a law of a State or Territory in respect of:\n    (a) a transfer of an asset or liability of a statutory authority under this Act; or\n    (b) anything done (including a transaction entered into or an instrument or document made, executed, lodged or given) because of, or for a purpose connected with or arising out of, such a transfer.\n\n#### 19A Operation of GST Law\n\n  (1) For the purposes of the GST Law, a transfer to a person or body under section 16 or 17 of this Act is taken to be consideration provided by the Commonwealth to that person or body for:\n    (a) in the case of a transfer under section 16—entering into obligations under the deed of agreement by the industry services body; and\n    (b) in the case of a transfer under section 17—entering into obligations under the deed of trust establishing the Dried Fruits Trust by the trustees of that Trust.\n  (2) Expressions used in this section have the same meanings as they have in the A New Tax System (Goods and Services Tax) Act 1999.\n\n#### 20 References in certain instruments\n\n  (1) An instrument to which subsection (2) applies continues to have effect on and after the transfer day as if a reference in the instrument to the statutory authority were a reference to the industry services body.\n  (2) This subsection applies to an instrument if it is:\n    (a) in operation immediately before the transfer day; and\n    (b) is an instrument:\n    (i) to which a statutory authority is a party; or\n    (ii) which was given to, or in favour of, a statutory authority; or\n    (iii) in which a reference is made to a statutory authority; or\n    (iv) under which any right or liability accrues or may accrue to a statutory authority.\n\n#### 21 Certificates in relation to assets\n\n  (1) This section applies if:\n    (a) an asset (other than money) becomes an asset of the industry services body under this Division; and\n    (b) there is lodged with an assets official a certificate that:\n    (i) is signed by the Secretary; and\n    (ii) identifies the asset; and\n    (iii) states that the asset has become an asset of the body under this Division.\n\n> Note: For the meaning of assets official, see section 4.\n\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) A document that appears to be a certificate under subsection (1) is taken to be such a certificate, and to have been properly given, unless the contrary is established.\n\n### Division 4—Transfer of staff\n\n#### Subdivision A—Preliminary\n\n#### 23 Simplified outline\n\n  The following is a simplified outline of this Division:\n\nOn the transfer day, the staff of the 3 statutory authorities are transferred to the new industry services body on the same terms and conditions, and with the same accrued entitlements, that they had before the transfer (see section 25).\n\nThe terms and conditions on which the staff are transferred can be varied after the transfer (see section 26).\n\nOther provisions deal with the application of certain Commonwealth Acts (such as superannuation Acts and the Maternity Leave Act).\n\n#### 24 Transfer of staff\n\n  On the transfer day, each employee of a statutory authority ceases to be employed by the statutory authority and is taken to have been engaged as an employee of the industry services body immediately after that cessation.\n\n#### 25 Terms and conditions of transferred employees\n\n  (1) A transferred employee is taken:\n    (a) to have been engaged by the industry services body on the same terms and conditions as those that applied to the person, immediately before the transfer day, as an employee of the previous employer; and\n    (b) to have accrued an entitlement to benefits, in connection with that engagement by the industry services body, that is equivalent to the entitlement that the person had accrued, as an employee of the previous employer, immediately before the employee’s transfer time.\n\n> Note: For previous employer, see section 4.\n\n  (2) The service of a transferred employee as an employee of the industry services body is taken, for all purposes, to have been continuous with the service of the employee, immediately before the transfer day, as an employee of the previous employer.\n  (3) A transferred employee is not entitled to receive any payment or other benefit merely because he or she stopped being an employee of the previous employer as a result of this Division.\n  (4) 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#### 26 Variation of terms and conditions of employment\n\n  (1) This Division does not prevent the terms and conditions of a transferred employee’s employment after the transfer day 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> 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#### 27 Continued application of SRC Act\n\n  The SRC Act continues to apply on and after the transfer day in relation to:\n    (a) injuries suffered before that time by an employee of a statutory authority; and\n    (b) loss of, or damage to, property incurred before that time by an employee of a statutory authority.\n\n#### 28 Commonwealth liability to meet certain SRC Act liabilities\n\n  On and after the transfer day, the Commonwealth:\n    (a) is liable to pay the liabilities of the statutory authorities under section 128A of the SRC Act; and\n    (b) subject to section 29, is taken to have been the employer of the employees of the statutory authorities before the transfer day for the purposes of the application of the SRC Act in relation to those liabilities.\n\n#### 29 SRC Act: rehabilitation provisions\n\n  (1) If a transferred employee had, before the transfer day, suffered an injury resulting in an incapacity for work or an impairment, the employee’s employer 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 transferred employee.\n  (2) On and after the transfer day, the industry services body is, for the purposes of section 40 of the SRC Act, taken to be the relevant employer of each transferred employee employed by the industry services body.\n  (3) On and after the transfer day, the industry services body is, for the purposes of applying section 71 of the SRC Act in relation to each transferred employee, taken to be a Commonwealth authority.\n  (4) Expressions used in this section have the same meanings as they have in the SRC Act.\n\n#### 30 Premiums under the SRC Act\n\n  (1) The Safety, Rehabilitation and Compensation Commission must, as soon as practicable after the transfer day, determine the amount (if any) by which the confirmed estimate of premium for each statutory authority for the relevant financial year should be reduced.\n  (2) If:\n    (a) an amount equal to the confirmed estimate of premium for a statutory authority for the relevant financial year has been paid to the Commonwealth under section 96G of the SRC Act; and\n    (b) the amount of the confirmed estimate of premium is reduced as a result of a determination under subsection (1);\n  the Secretary 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 the industry services body in accordance with the direction.\n  (3) A direction by the Secretary 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 gives a direction, the amount or amounts to which it relates are payable out of the Consolidated Revenue Fund, which is appropriated accordingly, to the industry services body.\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 confirmed estimate of premium for a statutory authority for the relevant financial year and the amount of that confirmed estimate as reduced because of a determination under subsection (1).\n\n> relevant financial year means the financial year in which the transfer day occurs.\n\n  (9) Expressions used in this section have the same meanings as they have in the SRC Act.\n\n#### Subdivision C—Deferred Defence Force Retirement and Death Benefits Act benefits\n\n#### 31 Saving: deferred benefits under the DFRDB Act\n\n  (1) This section applies to a transferred employee of the industry services body if, immediately before the transfer day, the employee was a person to whom deferred benefits were applicable under section 78 of the DFRDB Act.\n  (2) For the purposes of Division 3 of Part IX of the DFRDB Act, the employee is taken to continue in public employment on and after the transfer day while the employee continues to be employed by the industry services body.\n  (3) This section is subject to Division 3 of Part IX of the DFRDB Act.\n\n#### Subdivision D—Maternity leave provisions\n\n#### 32 Maternity leave starting before transfer day\n\n  (1) This section applies in relation to a person if:\n    (a) immediately before the transfer day, the person was a female employee of a statutory authority who was on leave granted under the Maternity Leave Act; and\n    (b) the person becomes an employee of the industry services body on the transfer day; and\n    (c) the person would have been entitled to have remained on that leave on and after the transfer day if the person had continued to be an employee of the statutory authority.\n  (2) On and after the transfer day, the Maternity Leave Act continues to apply to the person in relation to the confinement in respect of which the leave was granted as if the industry services body were a prescribed authority for the purposes of that Act.\n\n#### 33 Maternity leave starting after transfer day\n\n  (1) This section applies in relation to a person if:\n    (a) immediately before the transfer day, the person was a female employee of a statutory authority; and\n    (b) the person becomes an employee of the industry services body on the transfer day; and\n    (c) within 9 months after the transfer day, the person would have been entitled to start leave granted under the Maternity Leave Act if the person had continued to be an employee of the statutory authority.\n  (2) On and after the transfer day, the Maternity Leave Act continues to apply to the person in relation to the confinement in respect of which she would have been entitled to leave as if the industry services body were a prescribed authority for the purposes of that Act.\n\n#### Subdivision E—Provisions relating to superannuation\n\n#### 34 Application of the Superannuation Act 1922\n\n  Section 145 of the Superannuation Act 1922 does not apply in relation to the industry services body.\n\n#### 35 Application of other Superannuation Acts\n\n  The industry services body is not an approved authority for the purposes of the Superannuation Act 1976 or the Superannuation Act 1990.\n\n#### 36 Application of the Superannuation Benefits (Supervisory Mechanisms) Act 1990\n\n  (1) The Minister must not declare the industry services body 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 F—Provisions relating to long service leave\n\n#### 37 Long service leave for employees with less than 10 years service\n\n  (1) This section applies in relation to a person:\n    (a) who became a transferred employee of the industry services body on the transfer day; and\n    (b) whose period of service for the purposes of the Long Service Leave Act immediately before the transfer day 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 the industry services body until his or her combined service period is at least 10 years, the industry services body may grant the employee long service leave on full salary for a period up to the employee’s long service leave credit under subsection 40(1).\n  (4) If:\n    (a) the employee stops being an employee of the industry services body 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 the industry services body is at least one year;\n  the industry services body may grant the employee long service leave on full salary for a period up to the employee’s long service leave credit under subsection 40(1).\n  (5) If a period of long service leave may be granted to an employee under subsection (3) or (4), the industry services body 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 37 of the Horticulture Marketing and Research and Development Services (Repeals and Consequential Provisions) Act 2000”.\n\n#### 38 Payments in lieu of long service leave for employees with less than 10 years service\n\n  (1) This section applies to a person:\n    (a) who became a transferred employee on the transfer day; and\n    (b) whose period of service for the purposes of the Long Service Leave Act immediately before the transfer day 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 the industry services body on or after the day on which his or her combined service period reaches 10 years, the industry services body must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 40(2).\n  (4) If:\n    (a) the employee stops being an employee of the industry services body, 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  the industry services body must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 40(2).\n  (5) If:\n    (a) the employee stops being an employee of the industry services body; and\n    (b) the industry services body is satisfied that the employee left the industry services body’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  the industry services body must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 40(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 38 of the Horticulture Marketing and Research and Development Services (Repeals and Consequential Provisions) Act 2000”.\n\n#### 39 Payments on the death of an employee\n\n  (1) This section applies to a person who was an employee of a statutory authority immediately before the transfer day if, at that time, the employee’s period of service for the purposes of the Long Service Leave Act was less than 10 years.\n  (2) If the person dies on or after the transfer day and immediately before his or her death:\n    (a) the person was an employee of the industry services body; and\n    (b) the person’s combined service period was at least one year; and\n    (c) the person had one or more dependants;\n  the industry services body 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 38 if, on the day of his or her death, the person had instead stopped being an employee of the industry services body 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 the industry services body; and\n    (b) a reference in that section to the approving authority were a reference to the industry services body; and\n    (c) for the expression “this Act” in that section there were substituted the expression “section 39 of the Horticulture Marketing and Research and Development Services (Repeals and Consequential Provisions) Act 2000”; and\n    (d) for the expression “subsection 16(7) or 17(5)” there were substituted the expression “section 39 of the Horticulture Marketing and Research and Development Services (Repeals and Consequential Provisions) Act 2000”.\n\n#### 40 Employee’s long service leave credit for the purposes of sections 37 and 38\n\n  (1) For the purposes of section 37, 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 on the transfer day;\n  if the employee had been retrenched on that day.\n  (2) For the purposes of section 38, 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 37.\n\n#### 41 Employees with at least 10 years service\n\n  (1) This section applies to an employee of a statutory authority whose period of service under the Long Service Leave Act was at least 10 years immediately before the transfer day.\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 if the employee becomes an employee of the industry services body on the transfer day. 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 on and after the transfer day in relation to the employee’s rights under that Act that accrued before the transfer day, as if the industry services body were an approving authority for the purposes of that Act.\n\n#### 42 Division not to affect post‑commencement long service leave rights\n\n  This Division does not affect an employee’s post‑commencement long service leave rights.\n\n> Note: For the meaning of post‑commencement long service leave rights, see section 4.\n\n#### Subdivision G—Staff with mobility rights\n\n#### 43 Cessation of mobility rights\n\n  If a transferred employee had rights under section 6 or 7 of the Public Employment (Consequential and Transitional) Amendment Act 1999 immediately before the transfer day, the employee ceases to have those rights, and ceases to be an APS employee, on the transfer day.\n\n> Note: For the meaning of APS employee, see section 4.\n\n### Division 5—Transitional period for export controls\n\n#### 44 Simplified outline\n\n  The following is a simplified outline of this Division:\n\nThe system of export controls in place under the Australian Horticultural Corporation Act 1987 is continued after the transfer day for a transitional period (a maximum of 2 years).\n\nDuring the transitional period most of the export control powers that the Australian Horticultural Corporation had can be exercised by the new industry export control body.\n\n#### 45 Continuation of export controls despite repeal of AHC Act\n\n  (1) In spite of the repeal of the Australian Horticultural Corporation Act 1987 (the Act):\n    (a) Part V of the Act continues in force after the repeal; and\n    (b) regulations, orders and other instruments made under the Act for the purposes of Part V that were in force immediately before the repeal continue in force.\n  (2) Any other provision of the Act that is necessary for the effective operation of Part V of the Act (as continued in force under subsection (1)) also continues in force in spite of the repeal but applies only to the extent that it relates to the operation of Part V.\n  (3) Without limiting subsection (2), sections 121 and 122 of the Act continue in force to the extent that regulations and orders relating to the operation of Part V (including regulations, or orders, amending or repealing earlier regulations or orders) may be made under them.\n  (4) Chapter 2 (other than Part 2.5) of the Criminal Code applies to all offences against Part V of the Act.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n  (5) The offences in subsections 118(1) and (2) of the Act are offences of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (6) For the purposes of subsection 118(2) of the Act, the defendant bears an evidential burden in relation to the matter of whether the defendant has a reasonable excuse.\n\n> Note: For evidential burdens, see subsection 13.3(3) of the Criminal Code.\n\n#### 46 References to AHC and Product Board\n\n  (1) During the transitional period, references to powers, duties or functions of the Corporation or of a Board in Part V of the Act or in an instrument in force under Part V are taken to be references to powers, duties or functions of the industry export control body.\n\n> Note: For transitional period and industry export control body, see section 4.\n\n  (2) However, in spite of subsection (1), the industry export control body does not, during the transitional period, have the power:\n    (a) to prohibit the export of a product to a specified place unless the export of the product to that place was prohibited immediately before the transfer day; or\n    (b) to revoke or vary a prohibition of export to a specified place.\n\n> Note: The power to prohibit the export of a horticultural product to a specified place is given to the Corporation by regulation 5 of the Australian Horticultural Corporation (Export Control) Regulations 1990.\n\n#### 47 Phasing out of export controls under Part V of AHC Act\n\n  (1) If:\n    (a) the export of a horticultural product to a place is prohibited under the Australian Horticultural Corporation (Export Control) Regulations 1990 or the Australian Horticultural Corporation (Dried Fruits Export Control) Regulations 1991; and\n    (b) during the transitional period, the product and the place are the subject of an order (the new order) under section 19 of the Horticulture Marketing and Research and Development Services Act 2000;\n  Part V (and any instrument made under, or for the purposes of, Part V) ceases, at the time of the new order, to have effect in relation to the export of that product to that place.\n  (2) If, at the end of the transitional period, Part V of the Act still has effect in relation to any horticultural product, it (and any instrument made under, or for the purposes of, Part V) ceases to have effect immediately after the end of the transitional period.\n\n### Division 6—Final annual reports\n\n#### 48 Simplified outline\n\n  The following is a simplified outline of this Division:\n\nEach of the 3 statutory authorities must produce a final annual report covering the authority’s operations and financial status up to the transfer day.\n\n#### 49 Final annual report: Australian Horticultural Corporation\n\n  (1) In spite of the repeal of the Australian Horticultural Corporation Act 1987:\n    (a) the Australian Horticultural Corporation continues in existence for the purpose of giving the Minister the report required under section 9 of the Commonwealth Authorities and Companies Act 1997 in relation to the period starting on the last 1 July before the transfer day and ending on the transfer day; and\n    (b) for that purpose, the membership of the Corporation immediately before the transfer day is taken to be the same on and after the transfer day.\n  (2) For the purposes of the application of section 9 of the Commonwealth Authorities and Companies Act 1997 to the report referred to in subsection (1):\n    (a) the period starting on the last 1 July before the transfer day and ending on the transfer day is taken to be a financial year; and\n    (b) the Australian Horticultural Corporation Act 1987 continues to have effect as if it had not been repealed.\n\n#### 50 Final annual report: Australian Dried Fruits Board\n\n  (1) In spite of the repeal of the Australian Horticultural Corporation Act 1987:\n    (a) the Australian Dried Fruits Board continues in existence for the purpose of giving the Minister the report required under section 9 of the Commonwealth Authorities and Companies Act 1997 in relation to the period starting on the last 1 July before the transfer day and ending on the transfer day; and\n    (b) for that purpose, the membership of the Board immediately before the transfer day is taken to be the same on and after the transfer day.\n  (2) For the purposes of the application of section 9 of the Commonwealth Authorities and Companies Act 1997 to the report referred to in subsection (1):\n    (a) the period starting on the last 1 July before the transfer day and ending on the transfer day is taken to be a financial year; and\n    (b) the Australian Horticultural Corporation Act 1987 continues to have effect as if it had not been repealed; and\n    (c) the reference in paragraph 101A(b) of that Act to 31 August after the end of the financial year is taken to be a reference to the day occurring 8 weeks after the transfer day; and\n    (d) the reference in subsection 30A(1) of that Act to 15 October after the end of each financial year is taken to be a reference to the day occurring 14 weeks after the transfer day.\n\n#### 51 Final annual report: Horticultural Research and Development Corporation\n\n  (1) In spite of the repeal of the Horticultural Research and Development Corporation Act 1987:\n    (a) the Horticultural Research and Development Corporation continues in existence for the purpose of giving the Minister the report required under section 9 of the Commonwealth Authorities and Companies Act 1997 in relation to the period starting on the last 1 July before the transfer day and ending on the transfer day; and\n    (b) for that purpose, the membership of the Corporation immediately before the transfer day is taken to be the same on and after the transfer day.\n  (2) For the purposes of the application of section 9 of the Commonwealth Authorities and Companies Act 1997 to the report referred to in subsection (1):\n    (a) the period starting on the last 1 July before the transfer day and ending on the transfer day is taken to be a financial year; and\n    (b) the Australian Horticultural Research and Development Corporation Act 1987 continues to have effect as if it had not been repealed.\n\n### Division 7—Miscellaneous\n\n#### 52 Delegation of Secretary’s powers\n\n  The Secretary may delegate all or any of the Secretary’s powers under this Act, the regulations or orders to an APS employee in the Department who has appropriate skills or experience. The delegation must be in writing.\n\n> Note: For the meaning of APS employee, see section 4.\n\n#### 53 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 and just terms have the same respective meanings as in paragraph 51(xxxi) of the Constitution.\n\n#### 54 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 dealing with other transitional matters arising out of the repeal of the Australian Horticultural Corporation Act 1987 and the Horticultural Research and Development Corporation Act 1987 and the enactment of this Act and the Horticulture Marketing and Research and Development Services Act 2000.","sortOrder":56},{"sectionNumber":"48","sectionType":"section","heading":"Simplified outline","content":"#### 48 Simplified outline\n\n  The following is a simplified outline of this Division:\n\nEach of the 3 statutory authorities must produce a final annual report covering the authority’s operations and financial status up to the transfer day.","sortOrder":57},{"sectionNumber":"49","sectionType":"section","heading":"Final annual report: Australian Horticultural Corporation","content":"#### 49 Final annual report: Australian Horticultural Corporation\n\n  (1) In spite of the repeal of the Australian Horticultural Corporation Act 1987:\n    (a) the Australian Horticultural Corporation continues in existence for the purpose of giving the Minister the report required under section 9 of the Commonwealth Authorities and Companies Act 1997 in relation to the period starting on the last 1 July before the transfer day and ending on the transfer day; and\n    (b) for that purpose, the membership of the Corporation immediately before the transfer day is taken to be the same on and after the transfer day.\n  (2) For the purposes of the application of section 9 of the Commonwealth Authorities and Companies Act 1997 to the report referred to in subsection (1):\n    (a) the period starting on the last 1 July before the transfer day and ending on the transfer day is taken to be a financial year; and\n    (b) the Australian Horticultural Corporation Act 1987 continues to have effect as if it had not been repealed.","sortOrder":58},{"sectionNumber":"50","sectionType":"section","heading":"Final annual report: Australian Dried Fruits Board","content":"#### 50 Final annual report: Australian Dried Fruits Board\n\n  (1) In spite of the repeal of the Australian Horticultural Corporation Act 1987:\n    (a) the Australian Dried Fruits Board continues in existence for the purpose of giving the Minister the report required under section 9 of the Commonwealth Authorities and Companies Act 1997 in relation to the period starting on the last 1 July before the transfer day and ending on the transfer day; and\n    (b) for that purpose, the membership of the Board immediately before the transfer day is taken to be the same on and after the transfer day.\n  (2) For the purposes of the application of section 9 of the Commonwealth Authorities and Companies Act 1997 to the report referred to in subsection (1):\n    (a) the period starting on the last 1 July before the transfer day and ending on the transfer day is taken to be a financial year; and\n    (b) the Australian Horticultural Corporation Act 1987 continues to have effect as if it had not been repealed; and\n    (c) the reference in paragraph 101A(b) of that Act to 31 August after the end of the financial year is taken to be a reference to the day occurring 8 weeks after the transfer day; and\n    (d) the reference in subsection 30A(1) of that Act to 15 October after the end of each financial year is taken to be a reference to the day occurring 14 weeks after the transfer day.","sortOrder":59},{"sectionNumber":"51","sectionType":"section","heading":"Final annual report: Horticultural Research and Development Corporation","content":"#### 51 Final annual report: Horticultural Research and Development Corporation\n\n  (1) In spite of the repeal of the Horticultural Research and Development Corporation Act 1987:\n    (a) the Horticultural Research and Development Corporation continues in existence for the purpose of giving the Minister the report required under section 9 of the Commonwealth Authorities and Companies Act 1997 in relation to the period starting on the last 1 July before the transfer day and ending on the transfer day; and\n    (b) for that purpose, the membership of the Corporation immediately before the transfer day is taken to be the same on and after the transfer day.\n  (2) For the purposes of the application of section 9 of the Commonwealth Authorities and Companies Act 1997 to the report referred to in subsection (1):\n    (a) the period starting on the last 1 July before the transfer day and ending on the transfer day is taken to be a financial year; and\n    (b) the Australian Horticultural Research and Development Corporation Act 1987 continues to have effect as if it had not been repealed.","sortOrder":60},{"sectionNumber":"Division 7","sectionType":"division","heading":"Miscellaneous","content":"An Act to deal with matters consequential on the enactment of the Horticulture Marketing and Research and Development Services Act 2000, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Horticulture Marketing and Research and Development Services (Repeals and Consequential Provisions) Act 2000.\n\n#### 2 Commencement\n\n  (1) Subject to this section, this Act commences at the same time as Part 2 of the Horticulture Marketing and Research and Development Services Act 2000.\n  (2) Schedules 1 (repeals) and 2 (consequential amendments) commence on the transfer day, immediately after the transfer of assets, liabilities and staff under Part 2.\n\n> Note: See sections 12 and 13 for the transfer day, and the time at which the transfer occurs.\n\n  (3) Schedule 3 (references to Administrative Appeals Tribunal) commences at the later of:\n    (a) the time when Parts 4 to 10 of the Act that establishes the Administrative Review Tribunal commence; and\n    (b) the time immediately after the Horticulture Marketing and Research and Development Services Act 2000 receives the Royal Assent.\n\n> Note: The short title of the Act that establishes the Administrative Review Tribunal is either the Administrative Review Tribunal Act 2000 or the Administrative Review Tribunal Act 2001.\n\n  (4) Schedule 4 (operation of the Privacy Act) commences at the later of:\n    (a) the time when Schedule 1 to the Privacy Amendment (Private Sector) Act 2000 commences; and\n    (b) the time immediately after the Horticulture Marketing and Research and Development Services Act 2000 receives the Royal Assent.\n\n#### 3 Simplified outline\n\n  The following is a simplified outline of this Act:\n\nThis Act deals with the transition from the Australian Horticultural Corporation, Horticultural Research and Development Corporation and the Australian Dried Fruits Board to new bodies. The new bodies are those declared under the Horticulture Marketing and Research and Development Services Act 2000.\n\nThe Minister must determine a transfer day (see section 12).\n\nOn the transfer day assets, liabilities and staff of the Corporations and the Board are transferred to the new industry services body (see Divisions 2, 3 and 4 of Part 2).\n\nThe system of export controls in place under the Australian Horticultural Corporation Act 1987 is kept in place for a maximum period of 2 years after the transfer day. Export controls on particular products can be phased out during the 2 year period, as controls on those products are brought in under the Horticulture Marketing and Research and Development Services Act 2000 (see Division 5 of Part 2 of this Act).\n\nThe Australian Horticultural Corporation Act 1987 and the Horticultural Research and Development Corporation Act 1987 are repealed once the assets, liabilities and staff of the bodies established by those Acts have been transferred to the new industry services body.\n\n#### 4 Definitions\n\n  (1) In this Act, unless the contrary intention appears:\n\n> ADF Trust Amount has the meaning given by section 17.\n\n> APS employee has the same meaning as in the Public Service Act 1999.\n\n> assets means any legal or equitable estate or interest of the authority in real or personal property (whether actual, contingent or prospective) and includes all rights, powers, privileges and immunities (whether actual, contingent or prospective).\n\n> assets official means a person or authority who, under a law, has responsibility for keeping a register in relation to assets of the kind concerned.\n\n> combined service period, in relation to an employee, means the total of:\n\n    (a) the period that is, immediately before the transfer day, 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 the industry services body.\n\n> DFRDB Act means the Defence Force Retirement and Death Benefits Act 1973.\n\n> Dried Fruits Trust has the meaning given by section 17.\n\n> employee, in relation to a statutory authority, means a person who was, immediately before the transfer day, an officer or an employee of the authority, and includes the Chief Executive Officer, Managing Director or General Manager of the authority.\n\n> industry export control body means the body for the time being declared to be the industry export control body under the Horticulture Marketing and Research and Development Services Act 2000.\n\n> industry services body means the body that was the industry services body under the Horticulture Marketing and Research and Development Services Act 2000 on 31 December 2024.\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> liabilities means all liabilities, duties and obligations, 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 transfer day.\n\n> Maternity Leave Act means the Maternity Leave (Commonwealth Employees) Act 1973, as in force immediately before the transfer day.\n\n> post‑commencement long service leave rights, in relation to an employee, means any long service leave rights the employee acquires on or after the transfer day under an award, determination, industrial agreement or law (other than this Act).\n\n> previous employer, in relation to a transferred employee, means the statutory authority that employed the employee immediately before the transfer day.\n\n> SRC Act means the Safety, Rehabilitation and Compensation Act 1988, as in force immediately before the transfer day.\n\n> statutory authority means:\n\n    (a) the Australian Horticultural Corporation; or\n    (b) the Horticultural Research and Development Corporation; or\n    (c) the Australian Dried Fruits Board.\n\n> transfer day means the day specified by the Minister as the transfer day in a determination under section 12.\n\n> transferred employee means a person whose employment is transferred under section 24.\n\n> transitional period means the period of 24 months beginning on the transfer day.\n\n  (2) Expressions used in this Act that are defined in the Horticulture Marketing and Research and Development Services Act 2000 have the same meanings as they have in that Act.\n  (3) Expressions used in Subdivision F of Division 4 of Part 2 that are defined in the Long Service Leave Act have the same meanings as they have in that Act.\n\n#### 5 Crown to be bound\n\n  This Act binds the Crown in each of its capacities.\n\n#### 6 Extra‑territorial operation\n\n  This Act applies both within and outside Australia.\n\n## Part 2—Transitional provisions\n\n### Division 2—Transfer day\n\n#### 11 Simplified outline\n\n  The following is a simplified outline of this Division:\n\nThis Division provides for the Minister to determine the transfer day.\n\n#### 12 Minister must determine transfer day\n\n  (1) The Minister must determine, in writing, that a specified day is the transfer day for the purposes of this Act.\n  (2) The day:\n    (a) must not be a day before both of the following declarations have taken effect under section 9 of the Horticulture Marketing and Research and Development Services Act 2000:\n    (i) the first declaration of the industry services body;\n    (ii) the first declaration of the industry export control body; and\n    (b) must be a day within the period of 6 months after the commencement of this section.\n  (3) The determination has effect accordingly.\n  (4) A copy of the determination is to be published in the Gazette within 14 days after the determination is made.\n  (5) The determination can be varied or revoked by the Minister in the same manner in which it was made, but it cannot be varied or revoked on or after the day specified in the determination as the transfer day.\n  (6) The determination is not invalid merely because it has not been published as required under subsection (4).\n\n#### 13 Time of transfers\n\n  Any transfer occurring under this Part is taken to occur immediately after the end of the day before the transfer day.\n\n### Division 3—Transfer of assets and liabilities etc.\n\n#### 14 Simplified outline\n\n  The following is a simplified outline of this Division:\n\nOn the transfer day, the assets and liabilities of the 3 statutory authorities vest in the new industry services body.\n\nSpecial provision is made for the transfer of certain money of the Australian Dried Fruits Board (see section 17).\n\nTransfers are not subject to taxation (see section 19).\n\nOther transitional matters (such as the transfer of records, outstanding money and legal proceedings) are also dealt with.\n\n#### 15 Transfers subject to conditions\n\n  The deed of agreement may contain conditions relating to an asset or liability, or a class of assets or liabilities, transferred to the industry services body under this Act.\n\n> Note: The Horticulture Marketing and Research and Development Services Act 2000 and the of deed of agreement provide for the consequences of a breach of the deed by the industry services body (see sections 10, 16 and 27 of that Act, and the provisions of the deed).\n\n#### 16 Transfer of assets and liabilities\n\n  (1) This section applies to:\n    (a) the assets of a statutory authority (other than the ADF Trust Amount); and\n    (b) the liabilities of a statutory authority (other than a liability referred to in section 28).\n\n> Note: The transfer of the ADF Trust Amount is dealt with in section 17.\n\n  (3) On the transfer day:\n    (a) the assets and liabilities cease to be assets and liabilities of the authority and become assets and liabilities of the industry services body without any conveyance, transfer or assignment; and\n    (b) the industry services body becomes the statutory authority’s successor in law in relation to the assets and liabilities immediately after they become assets and liabilities of the industry services body.\n\n> Note: See also sections 18 and 21.\n\n#### 17 ADF Trust Amount\n\n  (1) The Minister may determine, in writing, that:\n    (a) a particular amount of money of the Australian Dried Fruits Board is the ADF Trust Amount for the purposes of this section; and\n    (b) a particular trust is the Dried Fruits Trust for the purposes of this section.\n  (2) If the Minister has made a determination under subsection (1) before the transfer day, the ADF Trust Amount vests in the trustees on the transfer day and is held on trust by the trustees for the purposes of the Dried Fruits Trust.\n  (3) If the ADF Trust Amount is transferred under subsection (2), it vests in the trustees without any conveyance, transfer or assignment.\n  (4) A copy of the determination is to be published in the Gazette within 14 days after the determination is made.\n  (5) The determination is not invalid merely because it has not been published as required under subsection (4).\n\n#### 18 Transfer of pending proceedings\n\n  (1) This section applies if, as a result of a transfer under this Act, a person (the successor) becomes the successor in law of another person (the original person) at a particular time in relation to a particular asset, liability, right, benefit or obligation.\n  (2) If any proceedings to which the original person was a party:\n    (a) were pending in any court or tribunal immediately before that time; and\n    (b) related, in whole or in part, to the asset, liability, right, benefit or obligation, as the case may be;\n  the successor is, by force of this subsection, substituted for the original person as a party to the proceedings to the extent to which the proceedings relate to the asset, liability, right, benefit or obligation, as the case requires.\n\n#### 19 Exemption from taxation\n\n  Stamp duty or other tax is not payable under a law of a State or Territory in respect of:\n    (a) a transfer of an asset or liability of a statutory authority under this Act; or\n    (b) anything done (including a transaction entered into or an instrument or document made, executed, lodged or given) because of, or for a purpose connected with or arising out of, such a transfer.\n\n#### 19A Operation of GST Law\n\n  (1) For the purposes of the GST Law, a transfer to a person or body under section 16 or 17 of this Act is taken to be consideration provided by the Commonwealth to that person or body for:\n    (a) in the case of a transfer under section 16—entering into obligations under the deed of agreement by the industry services body; and\n    (b) in the case of a transfer under section 17—entering into obligations under the deed of trust establishing the Dried Fruits Trust by the trustees of that Trust.\n  (2) Expressions used in this section have the same meanings as they have in the A New Tax System (Goods and Services Tax) Act 1999.\n\n#### 20 References in certain instruments\n\n  (1) An instrument to which subsection (2) applies continues to have effect on and after the transfer day as if a reference in the instrument to the statutory authority were a reference to the industry services body.\n  (2) This subsection applies to an instrument if it is:\n    (a) in operation immediately before the transfer day; and\n    (b) is an instrument:\n    (i) to which a statutory authority is a party; or\n    (ii) which was given to, or in favour of, a statutory authority; or\n    (iii) in which a reference is made to a statutory authority; or\n    (iv) under which any right or liability accrues or may accrue to a statutory authority.\n\n#### 21 Certificates in relation to assets\n\n  (1) This section applies if:\n    (a) an asset (other than money) becomes an asset of the industry services body under this Division; and\n    (b) there is lodged with an assets official a certificate that:\n    (i) is signed by the Secretary; and\n    (ii) identifies the asset; and\n    (iii) states that the asset has become an asset of the body under this Division.\n\n> Note: For the meaning of assets official, see section 4.\n\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) A document that appears to be a certificate under subsection (1) is taken to be such a certificate, and to have been properly given, unless the contrary is established.\n\n### Division 4—Transfer of staff\n\n#### Subdivision A—Preliminary\n\n#### 23 Simplified outline\n\n  The following is a simplified outline of this Division:\n\nOn the transfer day, the staff of the 3 statutory authorities are transferred to the new industry services body on the same terms and conditions, and with the same accrued entitlements, that they had before the transfer (see section 25).\n\nThe terms and conditions on which the staff are transferred can be varied after the transfer (see section 26).\n\nOther provisions deal with the application of certain Commonwealth Acts (such as superannuation Acts and the Maternity Leave Act).\n\n#### 24 Transfer of staff\n\n  On the transfer day, each employee of a statutory authority ceases to be employed by the statutory authority and is taken to have been engaged as an employee of the industry services body immediately after that cessation.\n\n#### 25 Terms and conditions of transferred employees\n\n  (1) A transferred employee is taken:\n    (a) to have been engaged by the industry services body on the same terms and conditions as those that applied to the person, immediately before the transfer day, as an employee of the previous employer; and\n    (b) to have accrued an entitlement to benefits, in connection with that engagement by the industry services body, that is equivalent to the entitlement that the person had accrued, as an employee of the previous employer, immediately before the employee’s transfer time.\n\n> Note: For previous employer, see section 4.\n\n  (2) The service of a transferred employee as an employee of the industry services body is taken, for all purposes, to have been continuous with the service of the employee, immediately before the transfer day, as an employee of the previous employer.\n  (3) A transferred employee is not entitled to receive any payment or other benefit merely because he or she stopped being an employee of the previous employer as a result of this Division.\n  (4) 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#### 26 Variation of terms and conditions of employment\n\n  (1) This Division does not prevent the terms and conditions of a transferred employee’s employment after the transfer day 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> 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#### 27 Continued application of SRC Act\n\n  The SRC Act continues to apply on and after the transfer day in relation to:\n    (a) injuries suffered before that time by an employee of a statutory authority; and\n    (b) loss of, or damage to, property incurred before that time by an employee of a statutory authority.\n\n#### 28 Commonwealth liability to meet certain SRC Act liabilities\n\n  On and after the transfer day, the Commonwealth:\n    (a) is liable to pay the liabilities of the statutory authorities under section 128A of the SRC Act; and\n    (b) subject to section 29, is taken to have been the employer of the employees of the statutory authorities before the transfer day for the purposes of the application of the SRC Act in relation to those liabilities.\n\n#### 29 SRC Act: rehabilitation provisions\n\n  (1) If a transferred employee had, before the transfer day, suffered an injury resulting in an incapacity for work or an impairment, the employee’s employer 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 transferred employee.\n  (2) On and after the transfer day, the industry services body is, for the purposes of section 40 of the SRC Act, taken to be the relevant employer of each transferred employee employed by the industry services body.\n  (3) On and after the transfer day, the industry services body is, for the purposes of applying section 71 of the SRC Act in relation to each transferred employee, taken to be a Commonwealth authority.\n  (4) Expressions used in this section have the same meanings as they have in the SRC Act.\n\n#### 30 Premiums under the SRC Act\n\n  (1) The Safety, Rehabilitation and Compensation Commission must, as soon as practicable after the transfer day, determine the amount (if any) by which the confirmed estimate of premium for each statutory authority for the relevant financial year should be reduced.\n  (2) If:\n    (a) an amount equal to the confirmed estimate of premium for a statutory authority for the relevant financial year has been paid to the Commonwealth under section 96G of the SRC Act; and\n    (b) the amount of the confirmed estimate of premium is reduced as a result of a determination under subsection (1);\n  the Secretary 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 the industry services body in accordance with the direction.\n  (3) A direction by the Secretary 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 gives a direction, the amount or amounts to which it relates are payable out of the Consolidated Revenue Fund, which is appropriated accordingly, to the industry services body.\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 confirmed estimate of premium for a statutory authority for the relevant financial year and the amount of that confirmed estimate as reduced because of a determination under subsection (1).\n\n> relevant financial year means the financial year in which the transfer day occurs.\n\n  (9) Expressions used in this section have the same meanings as they have in the SRC Act.\n\n#### Subdivision C—Deferred Defence Force Retirement and Death Benefits Act benefits\n\n#### 31 Saving: deferred benefits under the DFRDB Act\n\n  (1) This section applies to a transferred employee of the industry services body if, immediately before the transfer day, the employee was a person to whom deferred benefits were applicable under section 78 of the DFRDB Act.\n  (2) For the purposes of Division 3 of Part IX of the DFRDB Act, the employee is taken to continue in public employment on and after the transfer day while the employee continues to be employed by the industry services body.\n  (3) This section is subject to Division 3 of Part IX of the DFRDB Act.\n\n#### Subdivision D—Maternity leave provisions\n\n#### 32 Maternity leave starting before transfer day\n\n  (1) This section applies in relation to a person if:\n    (a) immediately before the transfer day, the person was a female employee of a statutory authority who was on leave granted under the Maternity Leave Act; and\n    (b) the person becomes an employee of the industry services body on the transfer day; and\n    (c) the person would have been entitled to have remained on that leave on and after the transfer day if the person had continued to be an employee of the statutory authority.\n  (2) On and after the transfer day, the Maternity Leave Act continues to apply to the person in relation to the confinement in respect of which the leave was granted as if the industry services body were a prescribed authority for the purposes of that Act.\n\n#### 33 Maternity leave starting after transfer day\n\n  (1) This section applies in relation to a person if:\n    (a) immediately before the transfer day, the person was a female employee of a statutory authority; and\n    (b) the person becomes an employee of the industry services body on the transfer day; and\n    (c) within 9 months after the transfer day, the person would have been entitled to start leave granted under the Maternity Leave Act if the person had continued to be an employee of the statutory authority.\n  (2) On and after the transfer day, the Maternity Leave Act continues to apply to the person in relation to the confinement in respect of which she would have been entitled to leave as if the industry services body were a prescribed authority for the purposes of that Act.\n\n#### Subdivision E—Provisions relating to superannuation\n\n#### 34 Application of the Superannuation Act 1922\n\n  Section 145 of the Superannuation Act 1922 does not apply in relation to the industry services body.\n\n#### 35 Application of other Superannuation Acts\n\n  The industry services body is not an approved authority for the purposes of the Superannuation Act 1976 or the Superannuation Act 1990.\n\n#### 36 Application of the Superannuation Benefits (Supervisory Mechanisms) Act 1990\n\n  (1) The Minister must not declare the industry services body 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 F—Provisions relating to long service leave\n\n#### 37 Long service leave for employees with less than 10 years service\n\n  (1) This section applies in relation to a person:\n    (a) who became a transferred employee of the industry services body on the transfer day; and\n    (b) whose period of service for the purposes of the Long Service Leave Act immediately before the transfer day 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 the industry services body until his or her combined service period is at least 10 years, the industry services body may grant the employee long service leave on full salary for a period up to the employee’s long service leave credit under subsection 40(1).\n  (4) If:\n    (a) the employee stops being an employee of the industry services body 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 the industry services body is at least one year;\n  the industry services body may grant the employee long service leave on full salary for a period up to the employee’s long service leave credit under subsection 40(1).\n  (5) If a period of long service leave may be granted to an employee under subsection (3) or (4), the industry services body 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 37 of the Horticulture Marketing and Research and Development Services (Repeals and Consequential Provisions) Act 2000”.\n\n#### 38 Payments in lieu of long service leave for employees with less than 10 years service\n\n  (1) This section applies to a person:\n    (a) who became a transferred employee on the transfer day; and\n    (b) whose period of service for the purposes of the Long Service Leave Act immediately before the transfer day 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 the industry services body on or after the day on which his or her combined service period reaches 10 years, the industry services body must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 40(2).\n  (4) If:\n    (a) the employee stops being an employee of the industry services body, 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  the industry services body must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 40(2).\n  (5) If:\n    (a) the employee stops being an employee of the industry services body; and\n    (b) the industry services body is satisfied that the employee left the industry services body’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  the industry services body must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 40(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 38 of the Horticulture Marketing and Research and Development Services (Repeals and Consequential Provisions) Act 2000”.\n\n#### 39 Payments on the death of an employee\n\n  (1) This section applies to a person who was an employee of a statutory authority immediately before the transfer day if, at that time, the employee’s period of service for the purposes of the Long Service Leave Act was less than 10 years.\n  (2) If the person dies on or after the transfer day and immediately before his or her death:\n    (a) the person was an employee of the industry services body; and\n    (b) the person’s combined service period was at least one year; and\n    (c) the person had one or more dependants;\n  the industry services body 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 38 if, on the day of his or her death, the person had instead stopped being an employee of the industry services body 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 the industry services body; and\n    (b) a reference in that section to the approving authority were a reference to the industry services body; and\n    (c) for the expression “this Act” in that section there were substituted the expression “section 39 of the Horticulture Marketing and Research and Development Services (Repeals and Consequential Provisions) Act 2000”; and\n    (d) for the expression “subsection 16(7) or 17(5)” there were substituted the expression “section 39 of the Horticulture Marketing and Research and Development Services (Repeals and Consequential Provisions) Act 2000”.\n\n#### 40 Employee’s long service leave credit for the purposes of sections 37 and 38\n\n  (1) For the purposes of section 37, 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 on the transfer day;\n  if the employee had been retrenched on that day.\n  (2) For the purposes of section 38, 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 37.\n\n#### 41 Employees with at least 10 years service\n\n  (1) This section applies to an employee of a statutory authority whose period of service under the Long Service Leave Act was at least 10 years immediately before the transfer day.\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 if the employee becomes an employee of the industry services body on the transfer day. 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 on and after the transfer day in relation to the employee’s rights under that Act that accrued before the transfer day, as if the industry services body were an approving authority for the purposes of that Act.\n\n#### 42 Division not to affect post‑commencement long service leave rights\n\n  This Division does not affect an employee’s post‑commencement long service leave rights.\n\n> Note: For the meaning of post‑commencement long service leave rights, see section 4.\n\n#### Subdivision G—Staff with mobility rights\n\n#### 43 Cessation of mobility rights\n\n  If a transferred employee had rights under section 6 or 7 of the Public Employment (Consequential and Transitional) Amendment Act 1999 immediately before the transfer day, the employee ceases to have those rights, and ceases to be an APS employee, on the transfer day.\n\n> Note: For the meaning of APS employee, see section 4.\n\n### Division 5—Transitional period for export controls\n\n#### 44 Simplified outline\n\n  The following is a simplified outline of this Division:\n\nThe system of export controls in place under the Australian Horticultural Corporation Act 1987 is continued after the transfer day for a transitional period (a maximum of 2 years).\n\nDuring the transitional period most of the export control powers that the Australian Horticultural Corporation had can be exercised by the new industry export control body.\n\n#### 45 Continuation of export controls despite repeal of AHC Act\n\n  (1) In spite of the repeal of the Australian Horticultural Corporation Act 1987 (the Act):\n    (a) Part V of the Act continues in force after the repeal; and\n    (b) regulations, orders and other instruments made under the Act for the purposes of Part V that were in force immediately before the repeal continue in force.\n  (2) Any other provision of the Act that is necessary for the effective operation of Part V of the Act (as continued in force under subsection (1)) also continues in force in spite of the repeal but applies only to the extent that it relates to the operation of Part V.\n  (3) Without limiting subsection (2), sections 121 and 122 of the Act continue in force to the extent that regulations and orders relating to the operation of Part V (including regulations, or orders, amending or repealing earlier regulations or orders) may be made under them.\n  (4) Chapter 2 (other than Part 2.5) of the Criminal Code applies to all offences against Part V of the Act.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n  (5) The offences in subsections 118(1) and (2) of the Act are offences of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (6) For the purposes of subsection 118(2) of the Act, the defendant bears an evidential burden in relation to the matter of whether the defendant has a reasonable excuse.\n\n> Note: For evidential burdens, see subsection 13.3(3) of the Criminal Code.\n\n#### 46 References to AHC and Product Board\n\n  (1) During the transitional period, references to powers, duties or functions of the Corporation or of a Board in Part V of the Act or in an instrument in force under Part V are taken to be references to powers, duties or functions of the industry export control body.\n\n> Note: For transitional period and industry export control body, see section 4.\n\n  (2) However, in spite of subsection (1), the industry export control body does not, during the transitional period, have the power:\n    (a) to prohibit the export of a product to a specified place unless the export of the product to that place was prohibited immediately before the transfer day; or\n    (b) to revoke or vary a prohibition of export to a specified place.\n\n> Note: The power to prohibit the export of a horticultural product to a specified place is given to the Corporation by regulation 5 of the Australian Horticultural Corporation (Export Control) Regulations 1990.\n\n#### 47 Phasing out of export controls under Part V of AHC Act\n\n  (1) If:\n    (a) the export of a horticultural product to a place is prohibited under the Australian Horticultural Corporation (Export Control) Regulations 1990 or the Australian Horticultural Corporation (Dried Fruits Export Control) Regulations 1991; and\n    (b) during the transitional period, the product and the place are the subject of an order (the new order) under section 19 of the Horticulture Marketing and Research and Development Services Act 2000;\n  Part V (and any instrument made under, or for the purposes of, Part V) ceases, at the time of the new order, to have effect in relation to the export of that product to that place.\n  (2) If, at the end of the transitional period, Part V of the Act still has effect in relation to any horticultural product, it (and any instrument made under, or for the purposes of, Part V) ceases to have effect immediately after the end of the transitional period.\n\n### Division 6—Final annual reports\n\n#### 48 Simplified outline\n\n  The following is a simplified outline of this Division:\n\nEach of the 3 statutory authorities must produce a final annual report covering the authority’s operations and financial status up to the transfer day.\n\n#### 49 Final annual report: Australian Horticultural Corporation\n\n  (1) In spite of the repeal of the Australian Horticultural Corporation Act 1987:\n    (a) the Australian Horticultural Corporation continues in existence for the purpose of giving the Minister the report required under section 9 of the Commonwealth Authorities and Companies Act 1997 in relation to the period starting on the last 1 July before the transfer day and ending on the transfer day; and\n    (b) for that purpose, the membership of the Corporation immediately before the transfer day is taken to be the same on and after the transfer day.\n  (2) For the purposes of the application of section 9 of the Commonwealth Authorities and Companies Act 1997 to the report referred to in subsection (1):\n    (a) the period starting on the last 1 July before the transfer day and ending on the transfer day is taken to be a financial year; and\n    (b) the Australian Horticultural Corporation Act 1987 continues to have effect as if it had not been repealed.\n\n#### 50 Final annual report: Australian Dried Fruits Board\n\n  (1) In spite of the repeal of the Australian Horticultural Corporation Act 1987:\n    (a) the Australian Dried Fruits Board continues in existence for the purpose of giving the Minister the report required under section 9 of the Commonwealth Authorities and Companies Act 1997 in relation to the period starting on the last 1 July before the transfer day and ending on the transfer day; and\n    (b) for that purpose, the membership of the Board immediately before the transfer day is taken to be the same on and after the transfer day.\n  (2) For the purposes of the application of section 9 of the Commonwealth Authorities and Companies Act 1997 to the report referred to in subsection (1):\n    (a) the period starting on the last 1 July before the transfer day and ending on the transfer day is taken to be a financial year; and\n    (b) the Australian Horticultural Corporation Act 1987 continues to have effect as if it had not been repealed; and\n    (c) the reference in paragraph 101A(b) of that Act to 31 August after the end of the financial year is taken to be a reference to the day occurring 8 weeks after the transfer day; and\n    (d) the reference in subsection 30A(1) of that Act to 15 October after the end of each financial year is taken to be a reference to the day occurring 14 weeks after the transfer day.\n\n#### 51 Final annual report: Horticultural Research and Development Corporation\n\n  (1) In spite of the repeal of the Horticultural Research and Development Corporation Act 1987:\n    (a) the Horticultural Research and Development Corporation continues in existence for the purpose of giving the Minister the report required under section 9 of the Commonwealth Authorities and Companies Act 1997 in relation to the period starting on the last 1 July before the transfer day and ending on the transfer day; and\n    (b) for that purpose, the membership of the Corporation immediately before the transfer day is taken to be the same on and after the transfer day.\n  (2) For the purposes of the application of section 9 of the Commonwealth Authorities and Companies Act 1997 to the report referred to in subsection (1):\n    (a) the period starting on the last 1 July before the transfer day and ending on the transfer day is taken to be a financial year; and\n    (b) the Australian Horticultural Research and Development Corporation Act 1987 continues to have effect as if it had not been repealed.\n\n### Division 7—Miscellaneous\n\n#### 52 Delegation of Secretary’s powers\n\n  The Secretary may delegate all or any of the Secretary’s powers under this Act, the regulations or orders to an APS employee in the Department who has appropriate skills or experience. The delegation must be in writing.\n\n> Note: For the meaning of APS employee, see section 4.\n\n#### 53 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 and just terms have the same respective meanings as in paragraph 51(xxxi) of the Constitution.\n\n#### 54 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 dealing with other transitional matters arising out of the repeal of the Australian Horticultural Corporation Act 1987 and the Horticultural Research and Development Corporation Act 1987 and the enactment of this Act and the Horticulture Marketing and Research and Development Services Act 2000.","sortOrder":61},{"sectionNumber":"52","sectionType":"section","heading":"Delegation of Secretary’s powers","content":"#### 52 Delegation of Secretary’s powers\n\n  The Secretary may delegate all or any of the Secretary’s powers under this Act, the regulations or orders to an APS employee in the Department who has appropriate skills or experience. The delegation must be in writing.\n\n> Note: For the meaning of APS employee, see section 4.","sortOrder":62},{"sectionNumber":"53","sectionType":"section","heading":"Compensation for acquisition of property","content":"#### 53 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 and just terms have the same respective meanings as in paragraph 51(xxxi) of the Constitution.","sortOrder":63},{"sectionNumber":"54","sectionType":"section","heading":"Regulations","content":"#### 54 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 dealing with other transitional matters arising out of the repeal of the Australian Horticultural Corporation Act 1987 and the Horticultural Research and Development Corporation Act 1987 and the enactment of this Act and the Horticulture Marketing and Research and Development Services Act 2000.","sortOrder":64}],"analysis":{"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":"retroactive_impossibility","section":"4 (definition of 'industry services body')","severity":"high","reasoning":"At the time the transfers under Part 2 occur (the transfer day, which must fall within 6 months of commencement per s12(2)(b)), the 'industry services body' as defined cannot be determined because the definition requires identifying which body held that status on 31 December 2024 — a date years in the future. This creates an impossible compliance situation: the Act requires transfers to occur on the transfer day to the 'industry services body,' but the identity of that body is definitionally unknowable at that time. The body declared under the HMRDS Act 2000 on the transfer day may or may not be the same as the body holding that status on 31 December 2024. If they differ, all transfers, staff movements, and ongoing obligations under the Act are directed to the wrong entity.","confidence":0.87,"description":"The definition of 'industry services body' is fixed to 'the body that was the industry services body under the Horticulture Marketing and Research and Development Services Act 2000 on 31 December 2024.' This is a 2000 transitional Act whose operative provisions apply from the transfer day (circa 2000-2001), yet the definition anchors to a specific future date (31 December 2024) that is approximately 24 years after enactment. This means the identity of the 'industry services body' for all operative transfer purposes in 2000-2001 is determined by looking back from 2024 — an entity that may not yet have existed, or may have changed, at the time of the actual transfer."},{"type":"self_contradicting","section":"13","severity":"medium","reasoning":"The deeming provision in s13 places the moment of transfer at the end of the preceding day, but the Act uniformly treats transfers as happening 'on the transfer day.' This creates micro-level ambiguity about whether conditions assessed 'immediately before the transfer day' are assessed before or after the deemed transfer moment. For instance, s16(3)(b) says the industry services body becomes successor 'immediately after they become assets and liabilities of the industry services body' — but per s13, this occurs on the day before the transfer day. The practical operation of the Act is internally inconsistent on the precise moment of legal change.","confidence":0.75,"description":"Section 13 states that any transfer under Part 2 'is taken to occur immediately after the end of the day before the transfer day.' This means transfers are deemed to occur at the end of day (midnight) before the transfer day — i.e., technically on the eve of the transfer day, not on the transfer day itself. However, multiple provisions (ss 16, 24, 27, 28, 29, 30, 31, 32, 33, 37, 38, 41, 43) consistently refer to events occurring 'on the transfer day.' The legal fiction in s13 creates a timing inconsistency: the transfers happen at midnight ending the day before the transfer day, while the consequential legal effects are expressed as occurring 'on the transfer day.'"},{"type":"other","section":"16","severity":"medium","reasoning":"The absence of subsection (2) in s16 is structurally anomalous. If subsection (2) was deliberately removed (e.g., by amendment), the remaining text is not renumbered, creating potential confusion about whether there is missing operative content. If it was a drafting error, the provision may be incomplete. In either case, a reader cannot be certain the section is complete as drafted.","confidence":0.82,"description":"Section 16 is numbered with subsections (1) and (3) but subsection (2) is entirely absent from the text. The provision jumps from subsection (1) to subsection (3) with no explanation, creating a gap in the statutory text that may indicate either a drafting error or an omitted provision."},{"type":"impossible_compliance","section":"12(5)","severity":"medium","reasoning":"The power to revoke under s12(5) combined with the constraint in s12(2)(b) (transfer day must be within 6 months of commencement) creates a scenario where revocation near the end of the 6-month window renders re-determination impossible. The Minister is obliged by s12(1) to determine a transfer day (mandatory 'must'), yet revocation at a late stage could make compliance with that obligation legally impossible.","confidence":0.71,"description":"The Minister can vary or revoke the transfer day determination 'in the same manner in which it was made' but cannot do so 'on or after the day specified in the determination as the transfer day.' However, there is no mechanism or obligation for the Minister to specify a new transfer day after revoking the original determination, and the requirement in s12(1) to determine a transfer day must still be satisfied. If the Minister revokes the determination the day before the transfer day, the 6-month window in s12(2)(b) may have already expired, making it impossible to comply with both the revocation power and the obligation to set a valid new transfer day."},{"type":"other","section":"2(3) (note)","severity":"low","reasoning":"The note demonstrates that the drafters were aware of fundamental uncertainty about the identity of the trigger legislation for Schedule 3. While the 'later of' structure in s2(3) provides a fallback via paragraph (b), the uncertainty about the triggering Act's title creates interpretive ambiguity. The Administrative Review Tribunal Act was ultimately not enacted in the form anticipated, potentially leaving Schedule 3's commencement under paragraph (a) permanently unsatisfied.","confidence":0.65,"description":"The note to s2(3) states that the Act establishing the Administrative Review Tribunal 'is either the Administrative Review Tribunal Act 2000 or the Administrative Review Tribunal Act 2001.' This note openly acknowledges uncertainty about which Act will exist — a remarkable legislative admission that the commencement trigger in s2(3)(a) references an Act whose title is unknown at the time of drafting. If neither Act ever came into force with that title, Schedule 3 commencement under paragraph (a) could never be satisfied."},{"type":"self_contradicting","section":"37(2) and 38(2)","severity":"medium","reasoning":"Section 39(3) states the payment on death equals the amount that 'would have been payable to the person under section 38 if, on the day of his or her death, the person had instead stopped being an employee... on or after reaching the minimum retiring age.' But s38(2) explicitly excludes deceased employees from s38's operation. The death payment is therefore computed by reference to a provision that is simultaneously disapplied in that very circumstance. While this may be a deliberate drafting technique to import a calculation formula, the logical contradiction between exclusion and reference is real and potentially confusing.","confidence":0.78,"description":"Both s37 and s38 state they 'do not apply in relation to an employee who dies,' yet s39 specifically deals with payments on the death of an employee and expressly calculates those payments by reference to what 'would have been payable to the person under section 38.' This creates a logical absurdity: s38 is disapplied in the case of death, yet s39 computes death payments by reference to s38 as if it applied."},{"type":"other","section":"15 (note)","severity":"low","reasoning":"The doubling of 'of' ('the of deed of agreement') is a typographical error in a statutory note. Notes in Commonwealth legislation are not operative provisions but can be used as aids to interpretation. The error creates mild ambiguity about the intended meaning, though context makes the reference to the 'deed of agreement' sufficiently clear.","confidence":0.95,"description":"The note to s15 contains an apparent grammatical error: 'the of deed of agreement' — the word 'of' appears twice consecutively. While minor, this drafting error in a legislative note could cause interpretive uncertainty about whether 'deed of agreement' is the correct defined term or instrument being referenced."}],"contradictions":[{"severity":"high","section_a":"4 (definition of 'industry services body' — fixed to 31 December 2024)","section_b":"12(2)(b) (transfer day must be within 6 months of commencement in 2000)","confidence":0.85,"description":"The transfer day must be set within 6 months of this Act's commencement (around 2000-2001), but the 'industry services body' to which all assets, liabilities, and staff are transferred is defined as the body holding that status on 31 December 2024. The entity receiving the transfer at the transfer day is therefore not definitively identified until 24 years later, contradicting the immediate operative effect the Act intends."},{"severity":"medium","section_a":"13 (transfers deemed to occur immediately after end of day before transfer day)","section_b":"24 (staff transfer occurs 'on the transfer day')","confidence":0.73,"description":"Section 13 deems all transfers under Part 2 to occur at the end of the day preceding the transfer day. Section 24 provides that 'on the transfer day' each employee ceases employment with the statutory authority and is engaged by the industry services body. If s13 applies, the staff transfer occurs before the transfer day, yet s24 frames it as a transfer day event. This creates ambiguity about the precise moment of employment cessation and re-engagement, affecting accrual of entitlements."},{"severity":"medium","section_a":"16(3)(a) (assets and liabilities become assets of industry services body on transfer day)","section_b":"13 (transfers taken to occur immediately after end of day before transfer day)","confidence":0.73,"description":"Section 16(3) states that 'on the transfer day' assets and liabilities cease to be those of the statutory authority and become those of the industry services body. Section 13 deems the transfer to occur at the end of the preceding day. These provisions give inconsistent answers about whether the transfer occurs on or before the transfer day, which has practical significance for third party rights, registered interests, and the operation of section 18 (pending proceedings)."},{"severity":"medium","section_a":"38(2) (s38 does not apply to deceased employees)","section_b":"39(3) (death payments calculated by reference to s38)","confidence":0.8,"description":"Section 38(2) expressly disapplies s38 in relation to employees who die. Section 39(3) calculates the death benefit by reference to what 'would have been payable to the person under section 38.' The two provisions are logically inconsistent: s38 is simultaneously inapplicable (by its own terms) and used as the basis for calculation (by s39)."},{"severity":"low","section_a":"46(1) (industry export control body has all powers of Corporation during transitional period)","section_b":"46(2) (industry export control body cannot revoke or vary a prohibition of export to a specified place)","confidence":0.65,"description":"Section 46(1) broadly substitutes the industry export control body for the Corporation with respect to all powers under Part V of the AHC Act during the transitional period. Section 46(2) then carves out the power to revoke or vary prohibitions on export to specified places. However, if Part V continues in force per s45 and the industry export control body holds the Corporation's powers, the inability to revoke existing prohibitions — even if those prohibitions become redundant or harmful — creates a rigidity that contradicts the policy of 'phasing out' controls described in the simplified outline and s47."},{"severity":"low","section_a":"2(1) (Act commences at same time as Part 2 of HMRDS Act 2000)","section_b":"2(3)(b) (Schedule 3 commences after HMRDS Act 2000 receives Royal Assent)","confidence":0.6,"description":"Section 2(1) ties the main Act's commencement to Part 2 of the HMRDS Act 2000. Section 2(3)(b) sets Schedule 3's commencement trigger as the time 'immediately after' the HMRDS Act 2000 receives Royal Assent. Royal Assent of the HMRDS Act 2000 necessarily precedes the commencement of its Part 2 (which typically requires proclamation or other steps). This means s2(3)(b) could be satisfied before s2(1), potentially triggering the 'later of' calculation in s2(3) with the main Act not yet commenced — an anomalous sequence."}]},"summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The Act remains squarely within its stated purpose: managing the legal transition from three old statutory horticulture bodies to new industry-run bodies. All provisions — asset transfers, staff transfers, export control continuation, final reporting, and consequential amendments — are directly connected to and necessary for that transition. There is no evidence of scope creep beyond what was contemplated at the outset."},"complexity_factors":["Multiple interlocking pieces of legislation referenced throughout (at least 10 separate Acts cross-referenced, including various Superannuation Acts, the SRC Act, Long Service Leave Act, Maternity Leave Act, DFRDB Act, Criminal Code, and GST Law)","Staged and conditional commencement provisions — different parts of the Act start at different times depending on external events (e.g., when other Acts receive Royal Assent or when other tribunal legislation commences)","Complex employee entitlement calculations, particularly for long service leave, with different rules depending on years of service (less than 10 years vs. 10+ years) and reason for leaving employment","Dual-track export control regime during the transitional period, requiring simultaneous operation of old and new regulatory systems with carefully defined limits on the new body's powers","GST and stamp duty exemption provisions requiring understanding of tax law context","Significant repetition/duplication in the document structure (sections appear to be reproduced multiple times due to document formatting issues)","Trust law concepts introduced for the Dried Fruits Trust, adding a separate legal framework alongside the main transfer regime","Interaction between Commonwealth and State/Territory legal systems (stamp duty exemptions, asset registers)","Provisions for legal proceedings substitution require understanding of court and tribunal procedures","Time-critical ministerial determinations with specific publication and validity requirements"],"plain_english_summary":"This Act is a tidy handover of Australia’s horticulture administrative system: it abolishes three government bodies and shifts their assets, contracts, debts, legal responsibilities and some funds to new industry-run entities. Employees transfer on the same terms with continuity of service and preserved entitlements, certain export controls remain temporarily, stamp duty is waived, and the Commonwealth retains liability for pre-transfer workers’ compensation. It smooths the industry’s move from government to private management."},"kimi_summary":{"_metrics":{"completionTokens":652},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The Act remains tightly focused on its original purpose: managing the transition from three specific statutory authorities to new bodies under the Horticulture Marketing and Research and Development Services Act 2000. While it contains extensive detail on employee entitlements and export controls, this is all directly consequential to the core transition function. No significant scope creep is evident."},"complexity_factors":["Multiple interlocking Acts referenced (Horticulture Marketing and Research and Development Services Act 2000, Australian Horticultural Corporation Act 1987, Horticultural Research and Development Corporation Act 1987, Long Service Leave Act, SRC Act, DFRDB Act, Superannuation Acts, Maternity Leave Act, GST Act, Criminal Code)","Nested conditional logic for employee entitlements based on service length thresholds (10 years, 1 year, combined service period)","Cross-referenced definitions section with 20+ defined terms, some referring to other Acts or future-determined dates","Staggered commencement provisions with 4 different schedules starting at different times","Complex transitional provisions for export controls with 2-year sunset period and conditional phasing","Detailed machinery provisions for long service leave calculations with hypothetical substitution of statutory references","Multiple deeming provisions that treat circumstances 'as if' other laws applied"],"plain_english_summary":"This Act is a **transitional law** that manages the handover from three old government bodies to new ones in Australia's horticulture industry.\n\n**What it does:**\n- **Transfers everything** — On a specified \"transfer day,\" all assets, liabilities, debts, and staff of the **Australian Horticultural Corporation**, **Horticultural Research and Development Corporation**, and **Australian Dried Fruits Board** move automatically to a new \"industry services body\" (a company declared under the main Horticulture Marketing and Research and Development Services Act 2000).\n- **Protects workers** — Employees keep their existing pay, conditions, and accrued benefits (like long service leave and maternity leave). Their service counts as continuous. Special rules apply for workers' compensation, superannuation, and defence force retirement benefits.\n- **Keeps export controls running temporarily** — The old export control system continues for up to 2 years after the transfer day, phasing out as new controls under the 2000 Act take over.\n- **Winds up the old bodies** — The old corporations are repealed once the transfer is complete, but they must file final annual reports first.\n- **Tax and legal protections** — Asset transfers are exempt from stamp duty and other taxes. Legal proceedings involving the old bodies automatically continue against the new body.\n\n**Who it affects:**\n- Employees of the three old statutory authorities\n- The new industry services body and industry export control body\n- Horticultural exporters and businesses\n- Anyone with legal claims or contracts involving the old bodies\n\n**Why it matters:**\nThis ensures a smooth, legally seamless transition without disrupting workers' rights, export controls, or ongoing legal matters. It prevents the old bodies from simply disappearing overnight and leaving gaps in regulation or employment protections."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":false,"description":"This Act is a transitional and consequential measure whose text remains tightly focused on implementing the structural change created by the Horticulture Marketing and Research and Development Services Act 2000. It does not expand regulatory scope beyond what is necessary to transfer assets, liabilities, staff and temporary export controls, but it does create several durable legal effects (transfer of assets/liabilities, vesting of trust money, Commonwealth liability for certain pre‑transfer liabilities, and temporary preservation of export controls). Those durable effects are implementation consequences rather than an expansion of the original purpose."},"complexity_factors":["Extensive length with many repeated transitional provisions and subdivisions (Divisions 2–7 of Part 2).","Large interpretation/definitions section with multiple externally defined expressions and cross‑references (s4; references to the Horticulture Marketing and Research and Development Services Act 2000).","Heavy cross‑referencing to at least 8 external statutes (Long Service Leave Act, SRC Act, DFRDB Act, Maternity Leave Act, Superannuation Acts 1922/1976/1990, GST Law, Criminal Code, Workplace Relations Act).","Numerous conditional rules and nested exceptions (e.g. export controls continue but with carve‑outs in ss45–47; long service leave rules differ by <10 years vs ≥10 years service in ss37–41).","Special‑case legal transfers (trust vesting under s17) and substitution of parties to pending proceedings (s18).","Multiple administrative/formal requirements with different timing rules (Ministerial determination within 6 months s12; Gazette publication deadlines s12(4), s17(4), s30(6)).","Overlap between Commonwealth liability and body liability (e.g. SRC liabilities paid by Commonwealth s28; industry services body treated as employer for some SRC purposes s29), creating mixed legal character.","Interplay of taxation and GST rules (s19, s19A) requiring interaction with State/Territory laws and the A New Tax System (GST) Act 1999."],"plain_english_summary":"**What this Act does (plain terms)**\n\n- This is a transitional law that moves the operations, property, staff and legal responsibilities of three existing horticulture bodies — the Australian Horticultural Corporation, the Horticultural Research and Development Corporation and the Australian Dried Fruits Board — into the new bodies created by the Horticulture Marketing and Research and Development Services Act 2000.\n  - The Minister sets a single \"transfer day\" (see s12). On that day assets and liabilities vest in the new industry services body and staff are taken to be employed by that body (see ss16, 24, 25).\n  - Money belonging to the Dried Fruits Board can be treated as a trust and vested to trustees (the \"ADF Trust Amount\" / \"Dried Fruits Trust\") if the Minister so determines (see s17).\n\n- The Act preserves a pre‑existing system of export controls for a transitional period of up to 24 months after the transfer day. During that period most export‑control functions under the old AHC Act operate as if exercised by the newly declared industry export control body; particular product/place bans can be phased out earlier by orders under the new Act (see ss44–47).\n\n- The Act protects employee entitlements and continuity of service. Transferred staff keep their terms and accrued entitlements; service is treated as continuous for long service leave and related benefits, and specific rules deal with partial service, payments on cessation, maternity leave, deferred defence benefits and rehabilitation/compensation (see Div 4, Subdivs C–F; ss25, 27–41).\n\n- Tax and GST: transfers of assets or liabilities under this Act are exempt from stamp duty and State/Territory transfer taxes (s19). For GST purposes the transfers are taken to be consideration by the Commonwealth for the industry services body entering into required obligations under the deed or trust (s19A).\n\n- Practical and administrative provisions: pending court proceedings involving the old bodies are continued with the successor substituted as party (s18); officials may register transferred assets on production of a Secretary’s certificate (s21); the Secretary may delegate functions in writing (s52); the Governor‑General may make regulations for other transitional matters (s54).\n\n**Who is affected**\n\n- Employees of the three abolished statutory authorities: their employer changes to the industry services body, but the Act preserves accrued entitlements and sets detailed long‑service and maternity‑leave rules (ss24–42).\n- The industry services body and the industry export control body: they receive assets, liabilities and residual legal powers (ss16, 46–47) and must take on obligations under any deed or trust attached to transferred property (ss15, 17, 19A).\n- Trustees appointed under s17 and any dependants entitled to long service/death payments (ss17, 38–39).\n- Exporters and other market participants subject to export controls: existing prohibitions continue for up to 24 months unless replaced by new orders under the 2000 Act (ss44–47).\n- The Commonwealth and taxpayers: the Commonwealth becomes liable to meet certain compensation and SRC (workers' compensation) liabilities (ss28, 53), and may be required to refund SRC premiums (s30).\n- States/Territories: lose stamp duty/revenue on transfers covered by s19.\n\n**Why it matters (mechanics, incentives, costs, and risks)**\n\n- Mechanics: the Act essentially automates legal handover — no conveyances required for transfers (s16(3)). It preserves continuity (contracts, proceedings and registers) to reduce disruption (ss18, 20, 21).\n\n- Who pays and who decides: the Commonwealth remains ultimately liable for certain pre‑transfer compensation liabilities (s28) and sets the transfer day (s12). The industry services body receives assets but also obligations and conditions can be attached via the deed of agreement (s15) — concentrating both benefit and responsibility.\n\n- Incentives and trade‑offs: the industry services body gains assets and continuity of revenue streams but inherits contingent liabilities and any deed conditions. Exporters face a temporary continuation of regulatory constraints (ss45–47) that could restrict market access until controls are explicitly removed under the new Act.\n\n- Implementation risk and administrative burden: successful transition depends on timely Ministerial determinations (s12(2)(b) — within six months), publication requirements (Gazette notices under s12(4), s17(4), s30(6)) and cooperation on staff rehabilitation obligations (s29). Multiple cross‑references to other statutes (Long Service Leave Act, SRC Act, DFRDB Act, Superannuation Acts, GST law, Criminal Code) increase legal complexity and the risk of interpretive disputes.\n\n- Concentrated benefits and diffuse costs: benefits (assets, decision‑making authority) flow to the industry services/export control bodies and trustees named under s17; costs include transferred liabilities and ongoing Commonwealth exposure to certain payments (ss16, 17, 28, 30, 53).\n\n**Key sections to read for each topic**: transfer day (s12), asset transfer (s16), ADF trust (s17), staff transfer and entitlements (ss24–26, 37–41), SRC liabilities and premiums (ss27–30), export‑control transition (ss44–47), tax/GST treatment (ss19, 19A), compensation (s53), regulations (s54)."}},"importantCases":[],"_links":{"self":"/api/acts/horticulture-marketing-and-research-and-development-services-repeals-and-consequential-provisions-ac","history":"/api/acts/horticulture-marketing-and-research-and-development-services-repeals-and-consequential-provisions-ac/history","analysis":"/api/acts/horticulture-marketing-and-research-and-development-services-repeals-and-consequential-provisions-ac/analysis","conflicts":"/api/acts/horticulture-marketing-and-research-and-development-services-repeals-and-consequential-provisions-ac/conflicts","importantCases":"/api/acts/horticulture-marketing-and-research-and-development-services-repeals-and-consequential-provisions-ac/important-cases","documents":"/api/acts/horticulture-marketing-and-research-and-development-services-repeals-and-consequential-provisions-ac/documents"}}