{"id":"C2004A00798","name":"Pig Industry Act 2001","slug":"pig-industry-act-2001","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"30 of 2001","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":6165,"registerId":"commonwealth-C2004A00798-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 Pig Industry Act 2001.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  This Act commences on the day on which it receives the Royal Assent.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Crown to be bound","content":"#### 4 Crown to be bound\n\n  This Act binds the Crown in all its capacities.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"External Territories","content":"#### 5 External Territories\n\n  This Act extends to all the external Territories.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Extraterritorial operation","content":"#### 6 Extraterritorial operation\n\n  This Act extends to acts, omissions, matters and things outside Australia, whether or not in a foreign country.","sortOrder":5},{"sectionNumber":"Part 2","sectionType":"part","heading":"Interpretation","content":"## Part 2—Interpretation","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Definitions","content":"#### 7 Definitions\n\n  In this Act, unless the contrary intention appears:\n\n> asset means:\n\n    (a) any legal or equitable estate or interest in real or personal property, whether actual, contingent or prospective; and\n    (b) any right, power, privilege or immunity, whether actual, contingent or prospective.\n\n> combined service period, in relation to an employee, means the total of:\n\n    (a) the period that is, immediately before the transfer time, the employee’s period of service for the purposes of the Long Service Leave Act; and\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> employee:\n\n    (a) in relation to the Australian Pork Corporation, means a person who was an officer or employee immediately before the transfer time; and\n    (b) in relation to the Pig Research and Development Corporation, means a person who was an officer or employee (including the Executive Director) immediately before the transfer time.\n\n> industry services body means the body that was the industry services body under this Act on 31 December 2024.\n\n> instrument means:\n\n    (a) an Act or any instrument under an Act; or\n    (b) any other document.\n\n> liability means any liability, duty or obligation, whether actual, contingent or prospective.\n\n> Long Service Leave Act means the Long Service Leave (Commonwealth Employees) Act 1976, as in force immediately before the transfer time.\n\n> Maternity Leave Act means the Maternity Leave (Commonwealth Employees) Act 1973, as in force immediately before the transfer time.\n\n> SRC Act means the Safety, Rehabilitation and Compensation Act 1988, as in force immediately before the transfer time.\n\n> statutory authority means:\n\n    (a) the Australian Pork Corporation; or\n    (b) the Pig Research and Development Corporation.\n\n> successor body has the meaning given by section 14.\n\n> transferring employee means a person who:\n\n    (a) was an employee of a statutory authority immediately before the transfer time; and\n    (b) becomes an employee of the successor body at the transfer time.\n\n> transfer time means the time declared as the transfer time under section 13.","sortOrder":7},{"sectionNumber":"Part 3","sectionType":"part","heading":"Provision of pig industry services","content":"An Act relating to the pig industry\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Pig Industry Act 2001.\n\n#### 2 Commencement\n\n  This Act commences on the day on which it receives the Royal Assent.\n\n#### 4 Crown to be bound\n\n  This Act binds the Crown in all its capacities.\n\n#### 5 External Territories\n\n  This Act extends to all the external Territories.\n\n#### 6 Extraterritorial operation\n\n  This Act extends to acts, omissions, matters and things outside Australia, whether or not in a foreign country.\n\n## Part 2—Interpretation\n\n#### 7 Definitions\n\n  In this Act, unless the contrary intention appears:\n\n> asset means:\n\n    (a) any legal or equitable estate or interest in real or personal property, whether actual, contingent or prospective; and\n    (b) any right, power, privilege or immunity, whether actual, contingent or prospective.\n\n> combined service period, in relation to an employee, means the total of:\n\n    (a) the period that is, immediately before the transfer time, the employee’s period of service for the purposes of the Long Service Leave Act; and\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> employee:\n\n    (a) in relation to the Australian Pork Corporation, means a person who was an officer or employee immediately before the transfer time; and\n    (b) in relation to the Pig Research and Development Corporation, means a person who was an officer or employee (including the Executive Director) immediately before the transfer time.\n\n> industry services body means the body that was the industry services body under this Act on 31 December 2024.\n\n> instrument means:\n\n    (a) an Act or any instrument under an Act; or\n    (b) any other document.\n\n> liability means any liability, duty or obligation, whether actual, contingent or prospective.\n\n> Long Service Leave Act means the Long Service Leave (Commonwealth Employees) Act 1976, as in force immediately before the transfer time.\n\n> Maternity Leave Act means the Maternity Leave (Commonwealth Employees) Act 1973, as in force immediately before the transfer time.\n\n> SRC Act means the Safety, Rehabilitation and Compensation Act 1988, as in force immediately before the transfer time.\n\n> statutory authority means:\n\n    (a) the Australian Pork Corporation; or\n    (b) the Pig Research and Development Corporation.\n\n> successor body has the meaning given by section 14.\n\n> transferring employee means a person who:\n\n    (a) was an employee of a statutory authority immediately before the transfer time; and\n    (b) becomes an employee of the successor body at the transfer time.\n\n> transfer time means the time declared as the transfer time under section 13.\n\n## Part 3—Provision of pig industry services\n\n### Division 1—Transitional functions of statutory authorities\n\n#### 8 Functions of statutory authorities\n\n  (1) It is a function of each statutory authority to plan, facilitate and participate in:\n    (a) its abolition under this Act; and\n    (b) the implementation of this Act.\n  (2) Each statutory authority also has the function of providing funds to another entity in order to:\n    (a) meet expenses or liabilities that the entity incurs in participating in processes of the kind mentioned in subsection (1); or\n    (b) reimburse the entity for such expenses.\n  (3) The Minister may give a written direction to a statutory authority about the performance of its functions under this section. The statutory authority must comply with the direction.\n  (4) The Minister must cause a copy of a direction to be laid before each House of the Parliament within 15 sitting days of that House after the direction is given.\n  (5) In this section:\n\n> entity means any person or body (including the Commonwealth).\n\n### Division 4—Transfer of assets etc. of statutory authorities\n\n#### 13 Transfer time\n\n  The Minister must, in writing, declare the beginning of a specified day to be the transfer time for the purposes of this Act.\n\n#### 14 Successor body\n\n  The first body that is declared as the industry services body automatically becomes the successor body.\n\n#### 15 Transfer of assets of statutory authorities\n\n  (1) This section provides for an asset of a statutory authority (the transferor) to become an asset of:\n    (a) the successor body (the transferee); or\n    (b) the Commonwealth (the transferee).\n  (2) The Minister may, in writing, make any or all of the following declarations in relation to the asset:\n    (a) a declaration that the asset vests in the transferee at the transfer time without any conveyance, transfer or assignment;\n    (b) a declaration that a specified instrument relating to the asset continues to have effect after the transfer time as if a reference in the instrument to the transferor were a reference to the transferee;\n    (c) a declaration that the transferee becomes the transferor’s successor in law in relation to the asset immediately after the transfer time.\n\n> Note: An asset or instrument may be specified by name, by inclusion in a specified class or in any other way.\n\n  (3) The declaration has effect accordingly.\n  (4) The Minister, on behalf of the Commonwealth, may sell any asset that vests in the Commonwealth under this section.\n\n#### 16 Transfer of liabilities of statutory authorities\n\n  (1) This section provides for a liability of a statutory authority (the transferor) to become a liability of:\n    (a) the successor body (the transferee); or\n    (b) the Commonwealth (the transferee).\n  (2) The Minister may, in writing, make any or all of the following declarations in relation to the liability:\n    (a) a declaration that the liability vests in the transferee at the transfer time without any conveyance, transfer or assignment;\n    (b) a declaration that a specified instrument relating to the liability continues to have effect after the transfer time as if a reference in the instrument to the transferor were a reference to the transferee;\n    (c) a declaration that the transferee becomes the transferor’s successor in law in relation to the liability immediately after the transfer time.\n  (3) The declaration has effect accordingly.\n\n> Note: For the purposes of this section, a liability or instrument may be specified by name, by inclusion in a specified class or in any other way.\n\n  (4) The Consolidated Revenue Fund is appropriated for the purposes of payments by the Commonwealth for, or in connection with, the discharge of any liabilities that become liabilities of the Commonwealth under this section.\n\n#### 17 Adjustment payments by Commonwealth\n\n  (1) The Minister may authorise payments by the Commonwealth to the successor body.\n  (2) The Consolidated Revenue Fund is appropriated for payments under this section.\n  (3) The limit on the appropriation is the sum of the following amounts:\n    (a) the amount of any money that becomes an asset of the Commonwealth under section 15;\n    (b) the proceeds of sale of any other asset that becomes an asset of the Commonwealth under section 15;\n    (c) interest, dividends or other amounts derived from money covered by paragraph (a) or (b) or from assets that become assets of the Commonwealth under section 15;\n  reduced by the sum of payments referred to in subsection 45(1).\n\n#### 18 Registration of land transfers\n\n  (1) This section applies if:\n    (a) any right, title or interest in particular land vests in the successor body or the Commonwealth under this Division; and\n    (b) there is lodged with a land registration official a certificate that:\n    (i) is signed by the Minister; and\n    (ii) identifies the land, whether by reference to a map or otherwise; and\n    (iii) states that the right, title or interest has become vested in the successor body or the Commonwealth under this Division.\n  (2) The land registration official may:\n    (a) register the matter in a way that is the same as, or similar to, the way in which dealings in land of that kind are registered; and\n    (b) deal with, and give effect to, the certificate.\n  (3) The Lands Acquisition Act 1989 does not apply in relation to anything done under this section.\n  (4) In this section:\n\n> land registration official, in relation to land, means the Registrar of Titles or other proper officer of the State or Territory in which the land is situated.\n\n#### 19 Certificates in relation to assets other than land\n\n  (1) This section applies if:\n    (a) an asset other than land vests in the successor body or the Commonwealth under this Division; and\n    (b) there is lodged with an assets official a certificate that:\n    (i) is signed by the Minister; and\n    (ii) identifies the asset; and\n    (iii) states that the asset has become vested in the successor body or the Commonwealth under this Division.\n  (2) The assets official may:\n    (a) deal with, and give effect to, the certificate as if it were a proper and appropriate instrument for transactions in relation to assets of that kind; and\n    (b) make such entries in the register as are necessary having regard to the effect of this Division.\n  (3) In this section:\n\n> assets official means the person or authority who, under a law of the Commonwealth, a State or a Territory, under a trust instrument or otherwise, has responsibility for keeping a register in relation to assets of the kind concerned.\n\n#### 20 Exemption from stamp duty etc.\n\n  (1) No stamp duty or other tax is payable under a law of a State or Territory in respect of an exempt matter, or anything connected with an exempt matter.\n  (2) The Minister may certify in writing:\n    (a) that a specified matter is an exempt matter; or\n    (b) that a specified thing was done in connection with a specified exempt matter.\n  (3) In all courts, and for all purposes, a certificate under subsection (2) is evidence of the matter stated in the certificate.\n  (4) In this section:\n\n> exempt matter means any of the following:\n\n    (a) the transfer or sale of an asset under section 15;\n    (b) the transfer of a liability under section 16;\n    (c) the discharge of a liability referred to in subsection 16(4);\n    (d) the operation of this Division in any other respect.\n\n#### 21 Operation of GST Law\n\n  (1) For the purposes of the GST Law, the transfer of assets to the successor body under section 15 of this Act is taken to be consideration provided by the Commonwealth to the successor body for entering into obligations under the funding contract that was entered into by the successor body under former section 9 of this Act.\n  (2) An expression that is used in this section and defined in the A New Tax System (Goods and Services Tax) Act 1999 has the same meaning in this section as it has in that Act.\n\n### Division 5—Transferring employees of statutory authorities\n\n#### Subdivision A—Leave entitlements and continuity of service\n\n#### 22 Leave entitlements and continuity of service\n\n  (1) This section has effect for the purposes of applying a law or an award to the employment by the successor body of a transferring employee.\n  (2) The service of the transferring employee as an employee of the successor body is taken, for all purposes, to be continuous with his or her service as an employee of a statutory authority.\n  (3) At the transfer time, the transferring employee is taken to have accrued an entitlement to Long Service Leave Act benefits, recreation leave benefits and sickness leave benefits, in connection with his or her employment by the successor body, that is equivalent to the entitlement that the employee had as an employee of the statutory authority immediately before the transfer time.\n  (4) At the transfer time, the transferring employee is taken to have an entitlement to recognition by the successor body of years of service, in connection with his or her employment by the successor body, that is equivalent to the entitlement that the employee had as an employee of the statutory authority immediately before the transfer time.\n\n#### Subdivision B—Safety, Rehabilitation and Compensation Act\n\n#### 23 Expressions defined in SRC Act\n\n  Expressions that are defined in the SRC Act and used in this Subdivision have the same meanings as in that Act.\n\n#### 24 Continued application of SRC Act\n\n  The SRC Act continues to apply after the transfer time 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#### 25 Commonwealth liability to meet certain SRC Act liabilities\n\n  After the transfer time, the Commonwealth:\n    (a) is liable to pay the liabilities of the Australian Pork Corporation under section 128A of the SRC Act; and\n    (b) subject to section 26 of this Act, is taken to have been the employer of the employees of the Australian Pork Corporation before the transfer time for the purposes of the application of the SRC Act in relation to those liabilities.\n\n#### 26 Rehabilitation provisions\n\n  (1) If a transferring employee had, before the transfer time, suffered an injury resulting in an incapacity for work or an impairment, the industry services body must, after that time, provide such reasonable co‑operation and assistance as the Commonwealth requires to enable the Commonwealth to fulfil its obligations under sections 36, 37, 38, 39, 41 and 41A of the SRC Act in relation to the transferring employee.\n  (2) After the transfer time, the industry services body is, for the purposes of section 40 of the SRC Act, taken to be the relevant employer of each transferring employee.\n  (3) After the transfer time, the industry services body is, for the purposes of applying section 71 of the SRC Act in relation to each transferring employee, taken to be a Commonwealth authority.\n\n#### 27 Premiums under the SRC Act\n\n  (1) The Safety, Rehabilitation and Compensation Commission must, as soon as practicable after the transfer time, determine the amount (if any) by which the confirmed estimate of premium for each statutory authority for the transitional 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 transitional 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 Minister 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 Minister 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 Minister gives a direction, the amount or amounts to which it relates are payable to the industry services body out of the Consolidated Revenue Fund, which is appropriated accordingly.\n  (5) The payment of an amount under subsection (4) must be made in accordance with the direction, and is subject to the conditions (if any) set out in the direction.\n  (6) A copy of each direction must be published in the Gazette within 14 days after the direction is given.\n  (7) Failure to comply with subsection (6) does not affect the validity of a direction.\n  (8) In this section:\n\n> refund amount means the amount equal to the difference between:\n\n    (a) the amount of the confirmed estimate of premium for a statutory authority for the transitional financial year; and\n    (b) the amount of that confirmed estimate as reduced because of a determination under subsection (1).\n\n> transitional financial year means the financial year in which the transfer time occurs.\n\n#### Subdivision C—Deferred DFRDB Act benefits\n\n#### 28 Saving of deferred benefits\n\n  (1) This section applies to a transferring employee if, immediately before the transfer time, 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 after the transfer time 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\n\n#### 29 Maternity leave starting before transfer time\n\n  (1) This section applies in relation to a transferring employee if:\n    (a) immediately before the transfer time, the employee was a female employee of a statutory authority who was on leave granted under the Maternity Leave Act; and\n    (b) the employee would have been entitled to have remained on that leave after the transfer time if the employee had continued to be an employee of the statutory authority.\n  (2) After the transfer time, the Maternity Leave Act continues to apply to the employee in relation to the confinement in respect of which the leave was granted as if the industry services body were a prescribed authority for the purposes of that Act.\n\n#### 30 Maternity leave starting after transfer time\n\n  (1) This section applies in relation to a transferring employee if:\n    (a) immediately before the transfer time, the employee was a female employee of a statutory authority; and\n    (b) within 9 months after the transfer time, the employee would have been entitled to start leave granted under the Maternity Leave Act if the employee had continued to be an employee of the statutory authority.\n  (2) After the transfer time, the Maternity Leave Act continues to apply to the employee in relation to the confinement in respect of which she would have been entitled to leave as if the industry services body were a prescribed authority for the purposes of that Act.\n\n#### Subdivision E—Long service leave\n\n#### 31 Expressions defined in Long Service Leave Act\n\n  Expressions that are defined in the Long Service Leave Act and used in this Subdivision have the same meanings as in that Act.\n\n#### 32 Long service leave for employees with less than 10 years service\n\n  (1) This section applies in relation to a transferring employee whose period of service for the purposes of the Long Service Leave Act immediately before the transfer time was less than 10 years.\n  (2) This section does not apply in relation to an employee who dies.\n  (3) If the employee continues to be employed by 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 35(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 35(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 32 of the Pig Industry Act 2001”.\n\n#### 33 Payments in lieu of long service leave for employees with less than 10 years service\n\n  (1) This section applies to a transferring employee whose period of service for the purposes of the Long Service Leave Act immediately before the transfer time was less than 10 years.\n  (2) This section does not apply in relation to an employee who dies.\n  (3) If the employee stops being an employee of 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 35(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 35(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 35(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 33 of the Pig Industry Act 2001”.\n\n#### 34 Payments on the death of an employee\n\n  (1) This section applies to a transferring employee whose period of service for the purposes of the Long Service Leave Act immediately before the transfer time was less than 10 years.\n  (2) If the employee dies after the transfer time and, immediately before his or her death:\n    (a) the employee was an employee of the industry services body; and\n    (b) the employee’s combined service period was at least one year; and\n    (c) the employee had one or more dependants;\n  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 employee under section 33 if, on the day of his or her death, the employee 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 34 of the Pig Industry Act 2001”; and\n    (d) for the expression “subsection 16(7) or 17(5)” there were substituted the expression “section 34 of the Pig Industry Act 2001”.\n\n#### 35 Employee’s long service leave credit for the purposes of sections 32 and 33\n\n  (1) For the purposes of section 32, an employee’s long service leave credit is equal to the long service leave credit that the employee would have had under the Long Service Leave Act for the period:\n    (a) beginning when the employee began his or her period of service; and\n    (b) ending at the transfer time;\n  if the employee had been retrenched at the transfer time.\n  (2) For the purposes of section 33, an employee’s long service leave credit is the employee’s long service leave credit worked out under subsection (1) reduced by any long service leave credit used under section 32.\n\n#### 36 Employees with at least 10 years service\n\n  (1) This section applies to a transferring employee whose period of service for the purposes of the Long Service Leave Act immediately before the transfer time was at least 10 years.\n  (2) Even though the employee ceases to be employed in Government Service for the purposes of the Long Service Leave Act, the employee’s accrued rights under that Act continue. However, the employee is not entitled to receive any payment because he or she ceases to be in Government Service.\n  (3) The Long Service Leave Act has effect after the transfer time, in relation to the employee’s rights under that Act that accrued before the transfer time, as if the industry services body were an approving authority for the purposes of that Act.\n\n#### 37 Division not to affect post‑commencement long service leave rights\n\n  (1) This Division does not affect an employee’s post‑commencement long service leave rights.\n  (2) In this section:\n\n> law means:\n\n    (a) a law of the Commonwealth or of a State or Territory; or\n    (b) regulations or any other instrument (other than an award, determination or industrial agreement) made under such a law.\n\n> post‑commencement long service leave rights means any long service leave rights the employee acquires after the transfer time under an award, determination, industrial agreement or law (other than this Act).\n\n#### Subdivision F—Miscellaneous\n\n#### 38 Cessation of mobility rights\n\n  If a transferring employee had rights under section 6 or 7 of the Public Employment (Consequential and Transitional) Amendment Act 1999 immediately before the transfer time, the employee ceases to have those rights, and ceases to be an APS employee, at the transfer time.\n\n#### 39 Transferring employees who accept employment with equivalent terms and conditions\n\n  (1) A transferring employee who is employed by the successor body on equivalent terms and conditions is not entitled to receive any payment or other benefit merely because his or her employment by a statutory authority was terminated by the operation of this Act.\n  (2) For the purposes of this section, the question whether the terms and conditions of employment of a person are, when taken as a whole, at least equivalent to other terms and conditions of employment, taken as a whole, that applied to the person at a particular time is to be determined in writing by the Minister.\n  (3) Applications may be made to the Administrative Review Tribunal for review of a decision of the Minister under subsection (2).\n  (4) In this section:\n\n> equivalent terms and conditions means terms and conditions that, taken as a whole, are at least equivalent to the terms and conditions of employment, taken as a whole, that applied to the transferring employee at the time when he or she agreed to be employed by the successor body.\n\n### Division 6—Miscellaneous\n\n#### 40 Operation of Archives Act\n\n  (1) This Part does not authorise a Commonwealth record (within the meaning of the Archives Act 1983) to be transferred or otherwise dealt with except in accordance with the provisions of that Act.\n  (2) A Commonwealth record (within the meaning of the Archives Act 1983) must not be transferred to a person under this Part unless the National Archives of Australia has given permission under paragraph 24(2)(b) of that Act.\n\n#### 41 Certificates, declarations etc. taken to be authentic etc.\n\n  A document that appears to be a certificate, declaration or other document made or issued under this Part:\n    (a) is taken to be such a certificate, declaration or other document; and\n    (b) is taken to have been properly given;\n  unless the contrary is established.\n\n#### 42 Publication of declarations\n\n  (1) A copy of each declaration made by the Minister under this Part must be published in the Gazette not later than the 14th day after the day on which the declaration is made.\n  (2) Failure to comply with this section does not affect the validity of a declaration.\n\n## Part 4—Miscellaneous\n\n#### 43 Delegation\n\n  (1) The Minister may delegate all or any of his or her powers and functions under this Act to:\n    (a) the Secretary of the Department; or\n    (b) an SES employee, or acting SES employee, in the Department.\n  (2) In exercising powers or functions under a delegation, the delegate must comply with any directions of the Minister.\n\n#### 44 Compensation for acquisition of property\n\n  (1) If:\n    (a) apart from this section, the operation of this Act would result in the acquisition of property from a person otherwise than on just terms; and\n    (b) the acquisition would be invalid because of paragraph 51(xxxi) of the Constitution;\n  the Commonwealth is liable to pay the person a reasonable amount of compensation in respect of the acquisition.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n  (3) In this section:\n\n> acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\n> just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\n#### 45 Commonwealth expenses in connection with abolition of statutory bodies etc.\n\n  (1) The Consolidated Revenue Fund is appropriated for the purpose of the following payments by the Commonwealth:\n    (a) payments for the purpose of meeting expenses or liabilities that the Commonwealth incurs in participating in processes of the kind mentioned in subsection 8(1);\n    (b) payments to another person or body in order to reimburse that person or body for expenses that the person or body incurs in participating in those processes.\n  (2) The limit on the appropriation is the sum of the amounts referred to in paragraphs 17(3)(a), (b) and (c), reduced by the sum of payments made under subsection 17(1).\n\n#### 46 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 for matters of a transitional or saving nature arising from the amendments or repeals made by this Act.","sortOrder":8},{"sectionNumber":"Division 1","sectionType":"division","heading":"Transitional functions of statutory authorities","content":"An Act relating to the pig industry\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Pig Industry Act 2001.\n\n#### 2 Commencement\n\n  This Act commences on the day on which it receives the Royal Assent.\n\n#### 4 Crown to be bound\n\n  This Act binds the Crown in all its capacities.\n\n#### 5 External Territories\n\n  This Act extends to all the external Territories.\n\n#### 6 Extraterritorial operation\n\n  This Act extends to acts, omissions, matters and things outside Australia, whether or not in a foreign country.\n\n## Part 2—Interpretation\n\n#### 7 Definitions\n\n  In this Act, unless the contrary intention appears:\n\n> asset means:\n\n    (a) any legal or equitable estate or interest in real or personal property, whether actual, contingent or prospective; and\n    (b) any right, power, privilege or immunity, whether actual, contingent or prospective.\n\n> combined service period, in relation to an employee, means the total of:\n\n    (a) the period that is, immediately before the transfer time, the employee’s period of service for the purposes of the Long Service Leave Act; and\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> employee:\n\n    (a) in relation to the Australian Pork Corporation, means a person who was an officer or employee immediately before the transfer time; and\n    (b) in relation to the Pig Research and Development Corporation, means a person who was an officer or employee (including the Executive Director) immediately before the transfer time.\n\n> industry services body means the body that was the industry services body under this Act on 31 December 2024.\n\n> instrument means:\n\n    (a) an Act or any instrument under an Act; or\n    (b) any other document.\n\n> liability means any liability, duty or obligation, whether actual, contingent or prospective.\n\n> Long Service Leave Act means the Long Service Leave (Commonwealth Employees) Act 1976, as in force immediately before the transfer time.\n\n> Maternity Leave Act means the Maternity Leave (Commonwealth Employees) Act 1973, as in force immediately before the transfer time.\n\n> SRC Act means the Safety, Rehabilitation and Compensation Act 1988, as in force immediately before the transfer time.\n\n> statutory authority means:\n\n    (a) the Australian Pork Corporation; or\n    (b) the Pig Research and Development Corporation.\n\n> successor body has the meaning given by section 14.\n\n> transferring employee means a person who:\n\n    (a) was an employee of a statutory authority immediately before the transfer time; and\n    (b) becomes an employee of the successor body at the transfer time.\n\n> transfer time means the time declared as the transfer time under section 13.\n\n## Part 3—Provision of pig industry services\n\n### Division 1—Transitional functions of statutory authorities\n\n#### 8 Functions of statutory authorities\n\n  (1) It is a function of each statutory authority to plan, facilitate and participate in:\n    (a) its abolition under this Act; and\n    (b) the implementation of this Act.\n  (2) Each statutory authority also has the function of providing funds to another entity in order to:\n    (a) meet expenses or liabilities that the entity incurs in participating in processes of the kind mentioned in subsection (1); or\n    (b) reimburse the entity for such expenses.\n  (3) The Minister may give a written direction to a statutory authority about the performance of its functions under this section. The statutory authority must comply with the direction.\n  (4) The Minister must cause a copy of a direction to be laid before each House of the Parliament within 15 sitting days of that House after the direction is given.\n  (5) In this section:\n\n> entity means any person or body (including the Commonwealth).\n\n### Division 4—Transfer of assets etc. of statutory authorities\n\n#### 13 Transfer time\n\n  The Minister must, in writing, declare the beginning of a specified day to be the transfer time for the purposes of this Act.\n\n#### 14 Successor body\n\n  The first body that is declared as the industry services body automatically becomes the successor body.\n\n#### 15 Transfer of assets of statutory authorities\n\n  (1) This section provides for an asset of a statutory authority (the transferor) to become an asset of:\n    (a) the successor body (the transferee); or\n    (b) the Commonwealth (the transferee).\n  (2) The Minister may, in writing, make any or all of the following declarations in relation to the asset:\n    (a) a declaration that the asset vests in the transferee at the transfer time without any conveyance, transfer or assignment;\n    (b) a declaration that a specified instrument relating to the asset continues to have effect after the transfer time as if a reference in the instrument to the transferor were a reference to the transferee;\n    (c) a declaration that the transferee becomes the transferor’s successor in law in relation to the asset immediately after the transfer time.\n\n> Note: An asset or instrument may be specified by name, by inclusion in a specified class or in any other way.\n\n  (3) The declaration has effect accordingly.\n  (4) The Minister, on behalf of the Commonwealth, may sell any asset that vests in the Commonwealth under this section.\n\n#### 16 Transfer of liabilities of statutory authorities\n\n  (1) This section provides for a liability of a statutory authority (the transferor) to become a liability of:\n    (a) the successor body (the transferee); or\n    (b) the Commonwealth (the transferee).\n  (2) The Minister may, in writing, make any or all of the following declarations in relation to the liability:\n    (a) a declaration that the liability vests in the transferee at the transfer time without any conveyance, transfer or assignment;\n    (b) a declaration that a specified instrument relating to the liability continues to have effect after the transfer time as if a reference in the instrument to the transferor were a reference to the transferee;\n    (c) a declaration that the transferee becomes the transferor’s successor in law in relation to the liability immediately after the transfer time.\n  (3) The declaration has effect accordingly.\n\n> Note: For the purposes of this section, a liability or instrument may be specified by name, by inclusion in a specified class or in any other way.\n\n  (4) The Consolidated Revenue Fund is appropriated for the purposes of payments by the Commonwealth for, or in connection with, the discharge of any liabilities that become liabilities of the Commonwealth under this section.\n\n#### 17 Adjustment payments by Commonwealth\n\n  (1) The Minister may authorise payments by the Commonwealth to the successor body.\n  (2) The Consolidated Revenue Fund is appropriated for payments under this section.\n  (3) The limit on the appropriation is the sum of the following amounts:\n    (a) the amount of any money that becomes an asset of the Commonwealth under section 15;\n    (b) the proceeds of sale of any other asset that becomes an asset of the Commonwealth under section 15;\n    (c) interest, dividends or other amounts derived from money covered by paragraph (a) or (b) or from assets that become assets of the Commonwealth under section 15;\n  reduced by the sum of payments referred to in subsection 45(1).\n\n#### 18 Registration of land transfers\n\n  (1) This section applies if:\n    (a) any right, title or interest in particular land vests in the successor body or the Commonwealth under this Division; and\n    (b) there is lodged with a land registration official a certificate that:\n    (i) is signed by the Minister; and\n    (ii) identifies the land, whether by reference to a map or otherwise; and\n    (iii) states that the right, title or interest has become vested in the successor body or the Commonwealth under this Division.\n  (2) The land registration official may:\n    (a) register the matter in a way that is the same as, or similar to, the way in which dealings in land of that kind are registered; and\n    (b) deal with, and give effect to, the certificate.\n  (3) The Lands Acquisition Act 1989 does not apply in relation to anything done under this section.\n  (4) In this section:\n\n> land registration official, in relation to land, means the Registrar of Titles or other proper officer of the State or Territory in which the land is situated.\n\n#### 19 Certificates in relation to assets other than land\n\n  (1) This section applies if:\n    (a) an asset other than land vests in the successor body or the Commonwealth under this Division; and\n    (b) there is lodged with an assets official a certificate that:\n    (i) is signed by the Minister; and\n    (ii) identifies the asset; and\n    (iii) states that the asset has become vested in the successor body or the Commonwealth under this Division.\n  (2) The assets official may:\n    (a) deal with, and give effect to, the certificate as if it were a proper and appropriate instrument for transactions in relation to assets of that kind; and\n    (b) make such entries in the register as are necessary having regard to the effect of this Division.\n  (3) In this section:\n\n> assets official means the person or authority who, under a law of the Commonwealth, a State or a Territory, under a trust instrument or otherwise, has responsibility for keeping a register in relation to assets of the kind concerned.\n\n#### 20 Exemption from stamp duty etc.\n\n  (1) No stamp duty or other tax is payable under a law of a State or Territory in respect of an exempt matter, or anything connected with an exempt matter.\n  (2) The Minister may certify in writing:\n    (a) that a specified matter is an exempt matter; or\n    (b) that a specified thing was done in connection with a specified exempt matter.\n  (3) In all courts, and for all purposes, a certificate under subsection (2) is evidence of the matter stated in the certificate.\n  (4) In this section:\n\n> exempt matter means any of the following:\n\n    (a) the transfer or sale of an asset under section 15;\n    (b) the transfer of a liability under section 16;\n    (c) the discharge of a liability referred to in subsection 16(4);\n    (d) the operation of this Division in any other respect.\n\n#### 21 Operation of GST Law\n\n  (1) For the purposes of the GST Law, the transfer of assets to the successor body under section 15 of this Act is taken to be consideration provided by the Commonwealth to the successor body for entering into obligations under the funding contract that was entered into by the successor body under former section 9 of this Act.\n  (2) An expression that is used in this section and defined in the A New Tax System (Goods and Services Tax) Act 1999 has the same meaning in this section as it has in that Act.\n\n### Division 5—Transferring employees of statutory authorities\n\n#### Subdivision A—Leave entitlements and continuity of service\n\n#### 22 Leave entitlements and continuity of service\n\n  (1) This section has effect for the purposes of applying a law or an award to the employment by the successor body of a transferring employee.\n  (2) The service of the transferring employee as an employee of the successor body is taken, for all purposes, to be continuous with his or her service as an employee of a statutory authority.\n  (3) At the transfer time, the transferring employee is taken to have accrued an entitlement to Long Service Leave Act benefits, recreation leave benefits and sickness leave benefits, in connection with his or her employment by the successor body, that is equivalent to the entitlement that the employee had as an employee of the statutory authority immediately before the transfer time.\n  (4) At the transfer time, the transferring employee is taken to have an entitlement to recognition by the successor body of years of service, in connection with his or her employment by the successor body, that is equivalent to the entitlement that the employee had as an employee of the statutory authority immediately before the transfer time.\n\n#### Subdivision B—Safety, Rehabilitation and Compensation Act\n\n#### 23 Expressions defined in SRC Act\n\n  Expressions that are defined in the SRC Act and used in this Subdivision have the same meanings as in that Act.\n\n#### 24 Continued application of SRC Act\n\n  The SRC Act continues to apply after the transfer time 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#### 25 Commonwealth liability to meet certain SRC Act liabilities\n\n  After the transfer time, the Commonwealth:\n    (a) is liable to pay the liabilities of the Australian Pork Corporation under section 128A of the SRC Act; and\n    (b) subject to section 26 of this Act, is taken to have been the employer of the employees of the Australian Pork Corporation before the transfer time for the purposes of the application of the SRC Act in relation to those liabilities.\n\n#### 26 Rehabilitation provisions\n\n  (1) If a transferring employee had, before the transfer time, suffered an injury resulting in an incapacity for work or an impairment, the industry services body must, after that time, provide such reasonable co‑operation and assistance as the Commonwealth requires to enable the Commonwealth to fulfil its obligations under sections 36, 37, 38, 39, 41 and 41A of the SRC Act in relation to the transferring employee.\n  (2) After the transfer time, the industry services body is, for the purposes of section 40 of the SRC Act, taken to be the relevant employer of each transferring employee.\n  (3) After the transfer time, the industry services body is, for the purposes of applying section 71 of the SRC Act in relation to each transferring employee, taken to be a Commonwealth authority.\n\n#### 27 Premiums under the SRC Act\n\n  (1) The Safety, Rehabilitation and Compensation Commission must, as soon as practicable after the transfer time, determine the amount (if any) by which the confirmed estimate of premium for each statutory authority for the transitional 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 transitional 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 Minister 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 Minister 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 Minister gives a direction, the amount or amounts to which it relates are payable to the industry services body out of the Consolidated Revenue Fund, which is appropriated accordingly.\n  (5) The payment of an amount under subsection (4) must be made in accordance with the direction, and is subject to the conditions (if any) set out in the direction.\n  (6) A copy of each direction must be published in the Gazette within 14 days after the direction is given.\n  (7) Failure to comply with subsection (6) does not affect the validity of a direction.\n  (8) In this section:\n\n> refund amount means the amount equal to the difference between:\n\n    (a) the amount of the confirmed estimate of premium for a statutory authority for the transitional financial year; and\n    (b) the amount of that confirmed estimate as reduced because of a determination under subsection (1).\n\n> transitional financial year means the financial year in which the transfer time occurs.\n\n#### Subdivision C—Deferred DFRDB Act benefits\n\n#### 28 Saving of deferred benefits\n\n  (1) This section applies to a transferring employee if, immediately before the transfer time, 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 after the transfer time 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\n\n#### 29 Maternity leave starting before transfer time\n\n  (1) This section applies in relation to a transferring employee if:\n    (a) immediately before the transfer time, the employee was a female employee of a statutory authority who was on leave granted under the Maternity Leave Act; and\n    (b) the employee would have been entitled to have remained on that leave after the transfer time if the employee had continued to be an employee of the statutory authority.\n  (2) After the transfer time, the Maternity Leave Act continues to apply to the employee in relation to the confinement in respect of which the leave was granted as if the industry services body were a prescribed authority for the purposes of that Act.\n\n#### 30 Maternity leave starting after transfer time\n\n  (1) This section applies in relation to a transferring employee if:\n    (a) immediately before the transfer time, the employee was a female employee of a statutory authority; and\n    (b) within 9 months after the transfer time, the employee would have been entitled to start leave granted under the Maternity Leave Act if the employee had continued to be an employee of the statutory authority.\n  (2) After the transfer time, the Maternity Leave Act continues to apply to the employee in relation to the confinement in respect of which she would have been entitled to leave as if the industry services body were a prescribed authority for the purposes of that Act.\n\n#### Subdivision E—Long service leave\n\n#### 31 Expressions defined in Long Service Leave Act\n\n  Expressions that are defined in the Long Service Leave Act and used in this Subdivision have the same meanings as in that Act.\n\n#### 32 Long service leave for employees with less than 10 years service\n\n  (1) This section applies in relation to a transferring employee whose period of service for the purposes of the Long Service Leave Act immediately before the transfer time was less than 10 years.\n  (2) This section does not apply in relation to an employee who dies.\n  (3) If the employee continues to be employed by 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 35(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 35(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 32 of the Pig Industry Act 2001”.\n\n#### 33 Payments in lieu of long service leave for employees with less than 10 years service\n\n  (1) This section applies to a transferring employee whose period of service for the purposes of the Long Service Leave Act immediately before the transfer time was less than 10 years.\n  (2) This section does not apply in relation to an employee who dies.\n  (3) If the employee stops being an employee of 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 35(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 35(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 35(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 33 of the Pig Industry Act 2001”.\n\n#### 34 Payments on the death of an employee\n\n  (1) This section applies to a transferring employee whose period of service for the purposes of the Long Service Leave Act immediately before the transfer time was less than 10 years.\n  (2) If the employee dies after the transfer time and, immediately before his or her death:\n    (a) the employee was an employee of the industry services body; and\n    (b) the employee’s combined service period was at least one year; and\n    (c) the employee had one or more dependants;\n  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 employee under section 33 if, on the day of his or her death, the employee 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 34 of the Pig Industry Act 2001”; and\n    (d) for the expression “subsection 16(7) or 17(5)” there were substituted the expression “section 34 of the Pig Industry Act 2001”.\n\n#### 35 Employee’s long service leave credit for the purposes of sections 32 and 33\n\n  (1) For the purposes of section 32, an employee’s long service leave credit is equal to the long service leave credit that the employee would have had under the Long Service Leave Act for the period:\n    (a) beginning when the employee began his or her period of service; and\n    (b) ending at the transfer time;\n  if the employee had been retrenched at the transfer time.\n  (2) For the purposes of section 33, an employee’s long service leave credit is the employee’s long service leave credit worked out under subsection (1) reduced by any long service leave credit used under section 32.\n\n#### 36 Employees with at least 10 years service\n\n  (1) This section applies to a transferring employee whose period of service for the purposes of the Long Service Leave Act immediately before the transfer time was at least 10 years.\n  (2) Even though the employee ceases to be employed in Government Service for the purposes of the Long Service Leave Act, the employee’s accrued rights under that Act continue. However, the employee is not entitled to receive any payment because he or she ceases to be in Government Service.\n  (3) The Long Service Leave Act has effect after the transfer time, in relation to the employee’s rights under that Act that accrued before the transfer time, as if the industry services body were an approving authority for the purposes of that Act.\n\n#### 37 Division not to affect post‑commencement long service leave rights\n\n  (1) This Division does not affect an employee’s post‑commencement long service leave rights.\n  (2) In this section:\n\n> law means:\n\n    (a) a law of the Commonwealth or of a State or Territory; or\n    (b) regulations or any other instrument (other than an award, determination or industrial agreement) made under such a law.\n\n> post‑commencement long service leave rights means any long service leave rights the employee acquires after the transfer time under an award, determination, industrial agreement or law (other than this Act).\n\n#### Subdivision F—Miscellaneous\n\n#### 38 Cessation of mobility rights\n\n  If a transferring employee had rights under section 6 or 7 of the Public Employment (Consequential and Transitional) Amendment Act 1999 immediately before the transfer time, the employee ceases to have those rights, and ceases to be an APS employee, at the transfer time.\n\n#### 39 Transferring employees who accept employment with equivalent terms and conditions\n\n  (1) A transferring employee who is employed by the successor body on equivalent terms and conditions is not entitled to receive any payment or other benefit merely because his or her employment by a statutory authority was terminated by the operation of this Act.\n  (2) For the purposes of this section, the question whether the terms and conditions of employment of a person are, when taken as a whole, at least equivalent to other terms and conditions of employment, taken as a whole, that applied to the person at a particular time is to be determined in writing by the Minister.\n  (3) Applications may be made to the Administrative Review Tribunal for review of a decision of the Minister under subsection (2).\n  (4) In this section:\n\n> equivalent terms and conditions means terms and conditions that, taken as a whole, are at least equivalent to the terms and conditions of employment, taken as a whole, that applied to the transferring employee at the time when he or she agreed to be employed by the successor body.\n\n### Division 6—Miscellaneous\n\n#### 40 Operation of Archives Act\n\n  (1) This Part does not authorise a Commonwealth record (within the meaning of the Archives Act 1983) to be transferred or otherwise dealt with except in accordance with the provisions of that Act.\n  (2) A Commonwealth record (within the meaning of the Archives Act 1983) must not be transferred to a person under this Part unless the National Archives of Australia has given permission under paragraph 24(2)(b) of that Act.\n\n#### 41 Certificates, declarations etc. taken to be authentic etc.\n\n  A document that appears to be a certificate, declaration or other document made or issued under this Part:\n    (a) is taken to be such a certificate, declaration or other document; and\n    (b) is taken to have been properly given;\n  unless the contrary is established.\n\n#### 42 Publication of declarations\n\n  (1) A copy of each declaration made by the Minister under this Part must be published in the Gazette not later than the 14th day after the day on which the declaration is made.\n  (2) Failure to comply with this section does not affect the validity of a declaration.\n\n## Part 4—Miscellaneous\n\n#### 43 Delegation\n\n  (1) The Minister may delegate all or any of his or her powers and functions under this Act to:\n    (a) the Secretary of the Department; or\n    (b) an SES employee, or acting SES employee, in the Department.\n  (2) In exercising powers or functions under a delegation, the delegate must comply with any directions of the Minister.\n\n#### 44 Compensation for acquisition of property\n\n  (1) If:\n    (a) apart from this section, the operation of this Act would result in the acquisition of property from a person otherwise than on just terms; and\n    (b) the acquisition would be invalid because of paragraph 51(xxxi) of the Constitution;\n  the Commonwealth is liable to pay the person a reasonable amount of compensation in respect of the acquisition.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n  (3) In this section:\n\n> acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\n> just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\n#### 45 Commonwealth expenses in connection with abolition of statutory bodies etc.\n\n  (1) The Consolidated Revenue Fund is appropriated for the purpose of the following payments by the Commonwealth:\n    (a) payments for the purpose of meeting expenses or liabilities that the Commonwealth incurs in participating in processes of the kind mentioned in subsection 8(1);\n    (b) payments to another person or body in order to reimburse that person or body for expenses that the person or body incurs in participating in those processes.\n  (2) The limit on the appropriation is the sum of the amounts referred to in paragraphs 17(3)(a), (b) and (c), reduced by the sum of payments made under subsection 17(1).\n\n#### 46 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 for matters of a transitional or saving nature arising from the amendments or repeals made by this Act.","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Functions of statutory authorities","content":"#### 8 Functions of statutory authorities\n\n  (1) It is a function of each statutory authority to plan, facilitate and participate in:\n    (a) its abolition under this Act; and\n    (b) the implementation of this Act.\n  (2) Each statutory authority also has the function of providing funds to another entity in order to:\n    (a) meet expenses or liabilities that the entity incurs in participating in processes of the kind mentioned in subsection (1); or\n    (b) reimburse the entity for such expenses.\n  (3) The Minister may give a written direction to a statutory authority about the performance of its functions under this section. The statutory authority must comply with the direction.\n  (4) The Minister must cause a copy of a direction to be laid before each House of the Parliament within 15 sitting days of that House after the direction is given.\n  (5) In this section:\n\n> entity means any person or body (including the Commonwealth).","sortOrder":10},{"sectionNumber":"Division 4","sectionType":"division","heading":"Transfer of assets etc. of statutory authorities","content":"An Act relating to the pig industry\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Pig Industry Act 2001.\n\n#### 2 Commencement\n\n  This Act commences on the day on which it receives the Royal Assent.\n\n#### 4 Crown to be bound\n\n  This Act binds the Crown in all its capacities.\n\n#### 5 External Territories\n\n  This Act extends to all the external Territories.\n\n#### 6 Extraterritorial operation\n\n  This Act extends to acts, omissions, matters and things outside Australia, whether or not in a foreign country.\n\n## Part 2—Interpretation\n\n#### 7 Definitions\n\n  In this Act, unless the contrary intention appears:\n\n> asset means:\n\n    (a) any legal or equitable estate or interest in real or personal property, whether actual, contingent or prospective; and\n    (b) any right, power, privilege or immunity, whether actual, contingent or prospective.\n\n> combined service period, in relation to an employee, means the total of:\n\n    (a) the period that is, immediately before the transfer time, the employee’s period of service for the purposes of the Long Service Leave Act; and\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> employee:\n\n    (a) in relation to the Australian Pork Corporation, means a person who was an officer or employee immediately before the transfer time; and\n    (b) in relation to the Pig Research and Development Corporation, means a person who was an officer or employee (including the Executive Director) immediately before the transfer time.\n\n> industry services body means the body that was the industry services body under this Act on 31 December 2024.\n\n> instrument means:\n\n    (a) an Act or any instrument under an Act; or\n    (b) any other document.\n\n> liability means any liability, duty or obligation, whether actual, contingent or prospective.\n\n> Long Service Leave Act means the Long Service Leave (Commonwealth Employees) Act 1976, as in force immediately before the transfer time.\n\n> Maternity Leave Act means the Maternity Leave (Commonwealth Employees) Act 1973, as in force immediately before the transfer time.\n\n> SRC Act means the Safety, Rehabilitation and Compensation Act 1988, as in force immediately before the transfer time.\n\n> statutory authority means:\n\n    (a) the Australian Pork Corporation; or\n    (b) the Pig Research and Development Corporation.\n\n> successor body has the meaning given by section 14.\n\n> transferring employee means a person who:\n\n    (a) was an employee of a statutory authority immediately before the transfer time; and\n    (b) becomes an employee of the successor body at the transfer time.\n\n> transfer time means the time declared as the transfer time under section 13.\n\n## Part 3—Provision of pig industry services\n\n### Division 1—Transitional functions of statutory authorities\n\n#### 8 Functions of statutory authorities\n\n  (1) It is a function of each statutory authority to plan, facilitate and participate in:\n    (a) its abolition under this Act; and\n    (b) the implementation of this Act.\n  (2) Each statutory authority also has the function of providing funds to another entity in order to:\n    (a) meet expenses or liabilities that the entity incurs in participating in processes of the kind mentioned in subsection (1); or\n    (b) reimburse the entity for such expenses.\n  (3) The Minister may give a written direction to a statutory authority about the performance of its functions under this section. The statutory authority must comply with the direction.\n  (4) The Minister must cause a copy of a direction to be laid before each House of the Parliament within 15 sitting days of that House after the direction is given.\n  (5) In this section:\n\n> entity means any person or body (including the Commonwealth).\n\n### Division 4—Transfer of assets etc. of statutory authorities\n\n#### 13 Transfer time\n\n  The Minister must, in writing, declare the beginning of a specified day to be the transfer time for the purposes of this Act.\n\n#### 14 Successor body\n\n  The first body that is declared as the industry services body automatically becomes the successor body.\n\n#### 15 Transfer of assets of statutory authorities\n\n  (1) This section provides for an asset of a statutory authority (the transferor) to become an asset of:\n    (a) the successor body (the transferee); or\n    (b) the Commonwealth (the transferee).\n  (2) The Minister may, in writing, make any or all of the following declarations in relation to the asset:\n    (a) a declaration that the asset vests in the transferee at the transfer time without any conveyance, transfer or assignment;\n    (b) a declaration that a specified instrument relating to the asset continues to have effect after the transfer time as if a reference in the instrument to the transferor were a reference to the transferee;\n    (c) a declaration that the transferee becomes the transferor’s successor in law in relation to the asset immediately after the transfer time.\n\n> Note: An asset or instrument may be specified by name, by inclusion in a specified class or in any other way.\n\n  (3) The declaration has effect accordingly.\n  (4) The Minister, on behalf of the Commonwealth, may sell any asset that vests in the Commonwealth under this section.\n\n#### 16 Transfer of liabilities of statutory authorities\n\n  (1) This section provides for a liability of a statutory authority (the transferor) to become a liability of:\n    (a) the successor body (the transferee); or\n    (b) the Commonwealth (the transferee).\n  (2) The Minister may, in writing, make any or all of the following declarations in relation to the liability:\n    (a) a declaration that the liability vests in the transferee at the transfer time without any conveyance, transfer or assignment;\n    (b) a declaration that a specified instrument relating to the liability continues to have effect after the transfer time as if a reference in the instrument to the transferor were a reference to the transferee;\n    (c) a declaration that the transferee becomes the transferor’s successor in law in relation to the liability immediately after the transfer time.\n  (3) The declaration has effect accordingly.\n\n> Note: For the purposes of this section, a liability or instrument may be specified by name, by inclusion in a specified class or in any other way.\n\n  (4) The Consolidated Revenue Fund is appropriated for the purposes of payments by the Commonwealth for, or in connection with, the discharge of any liabilities that become liabilities of the Commonwealth under this section.\n\n#### 17 Adjustment payments by Commonwealth\n\n  (1) The Minister may authorise payments by the Commonwealth to the successor body.\n  (2) The Consolidated Revenue Fund is appropriated for payments under this section.\n  (3) The limit on the appropriation is the sum of the following amounts:\n    (a) the amount of any money that becomes an asset of the Commonwealth under section 15;\n    (b) the proceeds of sale of any other asset that becomes an asset of the Commonwealth under section 15;\n    (c) interest, dividends or other amounts derived from money covered by paragraph (a) or (b) or from assets that become assets of the Commonwealth under section 15;\n  reduced by the sum of payments referred to in subsection 45(1).\n\n#### 18 Registration of land transfers\n\n  (1) This section applies if:\n    (a) any right, title or interest in particular land vests in the successor body or the Commonwealth under this Division; and\n    (b) there is lodged with a land registration official a certificate that:\n    (i) is signed by the Minister; and\n    (ii) identifies the land, whether by reference to a map or otherwise; and\n    (iii) states that the right, title or interest has become vested in the successor body or the Commonwealth under this Division.\n  (2) The land registration official may:\n    (a) register the matter in a way that is the same as, or similar to, the way in which dealings in land of that kind are registered; and\n    (b) deal with, and give effect to, the certificate.\n  (3) The Lands Acquisition Act 1989 does not apply in relation to anything done under this section.\n  (4) In this section:\n\n> land registration official, in relation to land, means the Registrar of Titles or other proper officer of the State or Territory in which the land is situated.\n\n#### 19 Certificates in relation to assets other than land\n\n  (1) This section applies if:\n    (a) an asset other than land vests in the successor body or the Commonwealth under this Division; and\n    (b) there is lodged with an assets official a certificate that:\n    (i) is signed by the Minister; and\n    (ii) identifies the asset; and\n    (iii) states that the asset has become vested in the successor body or the Commonwealth under this Division.\n  (2) The assets official may:\n    (a) deal with, and give effect to, the certificate as if it were a proper and appropriate instrument for transactions in relation to assets of that kind; and\n    (b) make such entries in the register as are necessary having regard to the effect of this Division.\n  (3) In this section:\n\n> assets official means the person or authority who, under a law of the Commonwealth, a State or a Territory, under a trust instrument or otherwise, has responsibility for keeping a register in relation to assets of the kind concerned.\n\n#### 20 Exemption from stamp duty etc.\n\n  (1) No stamp duty or other tax is payable under a law of a State or Territory in respect of an exempt matter, or anything connected with an exempt matter.\n  (2) The Minister may certify in writing:\n    (a) that a specified matter is an exempt matter; or\n    (b) that a specified thing was done in connection with a specified exempt matter.\n  (3) In all courts, and for all purposes, a certificate under subsection (2) is evidence of the matter stated in the certificate.\n  (4) In this section:\n\n> exempt matter means any of the following:\n\n    (a) the transfer or sale of an asset under section 15;\n    (b) the transfer of a liability under section 16;\n    (c) the discharge of a liability referred to in subsection 16(4);\n    (d) the operation of this Division in any other respect.\n\n#### 21 Operation of GST Law\n\n  (1) For the purposes of the GST Law, the transfer of assets to the successor body under section 15 of this Act is taken to be consideration provided by the Commonwealth to the successor body for entering into obligations under the funding contract that was entered into by the successor body under former section 9 of this Act.\n  (2) An expression that is used in this section and defined in the A New Tax System (Goods and Services Tax) Act 1999 has the same meaning in this section as it has in that Act.\n\n### Division 5—Transferring employees of statutory authorities\n\n#### Subdivision A—Leave entitlements and continuity of service\n\n#### 22 Leave entitlements and continuity of service\n\n  (1) This section has effect for the purposes of applying a law or an award to the employment by the successor body of a transferring employee.\n  (2) The service of the transferring employee as an employee of the successor body is taken, for all purposes, to be continuous with his or her service as an employee of a statutory authority.\n  (3) At the transfer time, the transferring employee is taken to have accrued an entitlement to Long Service Leave Act benefits, recreation leave benefits and sickness leave benefits, in connection with his or her employment by the successor body, that is equivalent to the entitlement that the employee had as an employee of the statutory authority immediately before the transfer time.\n  (4) At the transfer time, the transferring employee is taken to have an entitlement to recognition by the successor body of years of service, in connection with his or her employment by the successor body, that is equivalent to the entitlement that the employee had as an employee of the statutory authority immediately before the transfer time.\n\n#### Subdivision B—Safety, Rehabilitation and Compensation Act\n\n#### 23 Expressions defined in SRC Act\n\n  Expressions that are defined in the SRC Act and used in this Subdivision have the same meanings as in that Act.\n\n#### 24 Continued application of SRC Act\n\n  The SRC Act continues to apply after the transfer time 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#### 25 Commonwealth liability to meet certain SRC Act liabilities\n\n  After the transfer time, the Commonwealth:\n    (a) is liable to pay the liabilities of the Australian Pork Corporation under section 128A of the SRC Act; and\n    (b) subject to section 26 of this Act, is taken to have been the employer of the employees of the Australian Pork Corporation before the transfer time for the purposes of the application of the SRC Act in relation to those liabilities.\n\n#### 26 Rehabilitation provisions\n\n  (1) If a transferring employee had, before the transfer time, suffered an injury resulting in an incapacity for work or an impairment, the industry services body must, after that time, provide such reasonable co‑operation and assistance as the Commonwealth requires to enable the Commonwealth to fulfil its obligations under sections 36, 37, 38, 39, 41 and 41A of the SRC Act in relation to the transferring employee.\n  (2) After the transfer time, the industry services body is, for the purposes of section 40 of the SRC Act, taken to be the relevant employer of each transferring employee.\n  (3) After the transfer time, the industry services body is, for the purposes of applying section 71 of the SRC Act in relation to each transferring employee, taken to be a Commonwealth authority.\n\n#### 27 Premiums under the SRC Act\n\n  (1) The Safety, Rehabilitation and Compensation Commission must, as soon as practicable after the transfer time, determine the amount (if any) by which the confirmed estimate of premium for each statutory authority for the transitional 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 transitional 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 Minister 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 Minister 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 Minister gives a direction, the amount or amounts to which it relates are payable to the industry services body out of the Consolidated Revenue Fund, which is appropriated accordingly.\n  (5) The payment of an amount under subsection (4) must be made in accordance with the direction, and is subject to the conditions (if any) set out in the direction.\n  (6) A copy of each direction must be published in the Gazette within 14 days after the direction is given.\n  (7) Failure to comply with subsection (6) does not affect the validity of a direction.\n  (8) In this section:\n\n> refund amount means the amount equal to the difference between:\n\n    (a) the amount of the confirmed estimate of premium for a statutory authority for the transitional financial year; and\n    (b) the amount of that confirmed estimate as reduced because of a determination under subsection (1).\n\n> transitional financial year means the financial year in which the transfer time occurs.\n\n#### Subdivision C—Deferred DFRDB Act benefits\n\n#### 28 Saving of deferred benefits\n\n  (1) This section applies to a transferring employee if, immediately before the transfer time, 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 after the transfer time 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\n\n#### 29 Maternity leave starting before transfer time\n\n  (1) This section applies in relation to a transferring employee if:\n    (a) immediately before the transfer time, the employee was a female employee of a statutory authority who was on leave granted under the Maternity Leave Act; and\n    (b) the employee would have been entitled to have remained on that leave after the transfer time if the employee had continued to be an employee of the statutory authority.\n  (2) After the transfer time, the Maternity Leave Act continues to apply to the employee in relation to the confinement in respect of which the leave was granted as if the industry services body were a prescribed authority for the purposes of that Act.\n\n#### 30 Maternity leave starting after transfer time\n\n  (1) This section applies in relation to a transferring employee if:\n    (a) immediately before the transfer time, the employee was a female employee of a statutory authority; and\n    (b) within 9 months after the transfer time, the employee would have been entitled to start leave granted under the Maternity Leave Act if the employee had continued to be an employee of the statutory authority.\n  (2) After the transfer time, the Maternity Leave Act continues to apply to the employee in relation to the confinement in respect of which she would have been entitled to leave as if the industry services body were a prescribed authority for the purposes of that Act.\n\n#### Subdivision E—Long service leave\n\n#### 31 Expressions defined in Long Service Leave Act\n\n  Expressions that are defined in the Long Service Leave Act and used in this Subdivision have the same meanings as in that Act.\n\n#### 32 Long service leave for employees with less than 10 years service\n\n  (1) This section applies in relation to a transferring employee whose period of service for the purposes of the Long Service Leave Act immediately before the transfer time was less than 10 years.\n  (2) This section does not apply in relation to an employee who dies.\n  (3) If the employee continues to be employed by 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 35(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 35(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 32 of the Pig Industry Act 2001”.\n\n#### 33 Payments in lieu of long service leave for employees with less than 10 years service\n\n  (1) This section applies to a transferring employee whose period of service for the purposes of the Long Service Leave Act immediately before the transfer time was less than 10 years.\n  (2) This section does not apply in relation to an employee who dies.\n  (3) If the employee stops being an employee of 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 35(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 35(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 35(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 33 of the Pig Industry Act 2001”.\n\n#### 34 Payments on the death of an employee\n\n  (1) This section applies to a transferring employee whose period of service for the purposes of the Long Service Leave Act immediately before the transfer time was less than 10 years.\n  (2) If the employee dies after the transfer time and, immediately before his or her death:\n    (a) the employee was an employee of the industry services body; and\n    (b) the employee’s combined service period was at least one year; and\n    (c) the employee had one or more dependants;\n  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 employee under section 33 if, on the day of his or her death, the employee 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 34 of the Pig Industry Act 2001”; and\n    (d) for the expression “subsection 16(7) or 17(5)” there were substituted the expression “section 34 of the Pig Industry Act 2001”.\n\n#### 35 Employee’s long service leave credit for the purposes of sections 32 and 33\n\n  (1) For the purposes of section 32, an employee’s long service leave credit is equal to the long service leave credit that the employee would have had under the Long Service Leave Act for the period:\n    (a) beginning when the employee began his or her period of service; and\n    (b) ending at the transfer time;\n  if the employee had been retrenched at the transfer time.\n  (2) For the purposes of section 33, an employee’s long service leave credit is the employee’s long service leave credit worked out under subsection (1) reduced by any long service leave credit used under section 32.\n\n#### 36 Employees with at least 10 years service\n\n  (1) This section applies to a transferring employee whose period of service for the purposes of the Long Service Leave Act immediately before the transfer time was at least 10 years.\n  (2) Even though the employee ceases to be employed in Government Service for the purposes of the Long Service Leave Act, the employee’s accrued rights under that Act continue. However, the employee is not entitled to receive any payment because he or she ceases to be in Government Service.\n  (3) The Long Service Leave Act has effect after the transfer time, in relation to the employee’s rights under that Act that accrued before the transfer time, as if the industry services body were an approving authority for the purposes of that Act.\n\n#### 37 Division not to affect post‑commencement long service leave rights\n\n  (1) This Division does not affect an employee’s post‑commencement long service leave rights.\n  (2) In this section:\n\n> law means:\n\n    (a) a law of the Commonwealth or of a State or Territory; or\n    (b) regulations or any other instrument (other than an award, determination or industrial agreement) made under such a law.\n\n> post‑commencement long service leave rights means any long service leave rights the employee acquires after the transfer time under an award, determination, industrial agreement or law (other than this Act).\n\n#### Subdivision F—Miscellaneous\n\n#### 38 Cessation of mobility rights\n\n  If a transferring employee had rights under section 6 or 7 of the Public Employment (Consequential and Transitional) Amendment Act 1999 immediately before the transfer time, the employee ceases to have those rights, and ceases to be an APS employee, at the transfer time.\n\n#### 39 Transferring employees who accept employment with equivalent terms and conditions\n\n  (1) A transferring employee who is employed by the successor body on equivalent terms and conditions is not entitled to receive any payment or other benefit merely because his or her employment by a statutory authority was terminated by the operation of this Act.\n  (2) For the purposes of this section, the question whether the terms and conditions of employment of a person are, when taken as a whole, at least equivalent to other terms and conditions of employment, taken as a whole, that applied to the person at a particular time is to be determined in writing by the Minister.\n  (3) Applications may be made to the Administrative Review Tribunal for review of a decision of the Minister under subsection (2).\n  (4) In this section:\n\n> equivalent terms and conditions means terms and conditions that, taken as a whole, are at least equivalent to the terms and conditions of employment, taken as a whole, that applied to the transferring employee at the time when he or she agreed to be employed by the successor body.\n\n### Division 6—Miscellaneous\n\n#### 40 Operation of Archives Act\n\n  (1) This Part does not authorise a Commonwealth record (within the meaning of the Archives Act 1983) to be transferred or otherwise dealt with except in accordance with the provisions of that Act.\n  (2) A Commonwealth record (within the meaning of the Archives Act 1983) must not be transferred to a person under this Part unless the National Archives of Australia has given permission under paragraph 24(2)(b) of that Act.\n\n#### 41 Certificates, declarations etc. taken to be authentic etc.\n\n  A document that appears to be a certificate, declaration or other document made or issued under this Part:\n    (a) is taken to be such a certificate, declaration or other document; and\n    (b) is taken to have been properly given;\n  unless the contrary is established.\n\n#### 42 Publication of declarations\n\n  (1) A copy of each declaration made by the Minister under this Part must be published in the Gazette not later than the 14th day after the day on which the declaration is made.\n  (2) Failure to comply with this section does not affect the validity of a declaration.\n\n## Part 4—Miscellaneous\n\n#### 43 Delegation\n\n  (1) The Minister may delegate all or any of his or her powers and functions under this Act to:\n    (a) the Secretary of the Department; or\n    (b) an SES employee, or acting SES employee, in the Department.\n  (2) In exercising powers or functions under a delegation, the delegate must comply with any directions of the Minister.\n\n#### 44 Compensation for acquisition of property\n\n  (1) If:\n    (a) apart from this section, the operation of this Act would result in the acquisition of property from a person otherwise than on just terms; and\n    (b) the acquisition would be invalid because of paragraph 51(xxxi) of the Constitution;\n  the Commonwealth is liable to pay the person a reasonable amount of compensation in respect of the acquisition.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n  (3) In this section:\n\n> acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\n> just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\n#### 45 Commonwealth expenses in connection with abolition of statutory bodies etc.\n\n  (1) The Consolidated Revenue Fund is appropriated for the purpose of the following payments by the Commonwealth:\n    (a) payments for the purpose of meeting expenses or liabilities that the Commonwealth incurs in participating in processes of the kind mentioned in subsection 8(1);\n    (b) payments to another person or body in order to reimburse that person or body for expenses that the person or body incurs in participating in those processes.\n  (2) The limit on the appropriation is the sum of the amounts referred to in paragraphs 17(3)(a), (b) and (c), reduced by the sum of payments made under subsection 17(1).\n\n#### 46 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 for matters of a transitional or saving nature arising from the amendments or repeals made by this Act.","sortOrder":11},{"sectionNumber":"13","sectionType":"section","heading":"Transfer time","content":"#### 13 Transfer time\n\n  The Minister must, in writing, declare the beginning of a specified day to be the transfer time for the purposes of this Act.","sortOrder":12},{"sectionNumber":"14","sectionType":"section","heading":"Successor body","content":"#### 14 Successor body\n\n  The first body that is declared as the industry services body automatically becomes the successor body.","sortOrder":13},{"sectionNumber":"15","sectionType":"section","heading":"Transfer of assets of statutory authorities","content":"#### 15 Transfer of assets of statutory authorities\n\n  (1) This section provides for an asset of a statutory authority (the transferor) to become an asset of:\n    (a) the successor body (the transferee); or\n    (b) the Commonwealth (the transferee).\n  (2) The Minister may, in writing, make any or all of the following declarations in relation to the asset:\n    (a) a declaration that the asset vests in the transferee at the transfer time without any conveyance, transfer or assignment;\n    (b) a declaration that a specified instrument relating to the asset continues to have effect after the transfer time as if a reference in the instrument to the transferor were a reference to the transferee;\n    (c) a declaration that the transferee becomes the transferor’s successor in law in relation to the asset immediately after the transfer time.\n\n> Note: An asset or instrument may be specified by name, by inclusion in a specified class or in any other way.\n\n  (3) The declaration has effect accordingly.\n  (4) The Minister, on behalf of the Commonwealth, may sell any asset that vests in the Commonwealth under this section.","sortOrder":14},{"sectionNumber":"16","sectionType":"section","heading":"Transfer of liabilities of statutory authorities","content":"#### 16 Transfer of liabilities of statutory authorities\n\n  (1) This section provides for a liability of a statutory authority (the transferor) to become a liability of:\n    (a) the successor body (the transferee); or\n    (b) the Commonwealth (the transferee).\n  (2) The Minister may, in writing, make any or all of the following declarations in relation to the liability:\n    (a) a declaration that the liability vests in the transferee at the transfer time without any conveyance, transfer or assignment;\n    (b) a declaration that a specified instrument relating to the liability continues to have effect after the transfer time as if a reference in the instrument to the transferor were a reference to the transferee;\n    (c) a declaration that the transferee becomes the transferor’s successor in law in relation to the liability immediately after the transfer time.\n  (3) The declaration has effect accordingly.\n\n> Note: For the purposes of this section, a liability or instrument may be specified by name, by inclusion in a specified class or in any other way.\n\n  (4) The Consolidated Revenue Fund is appropriated for the purposes of payments by the Commonwealth for, or in connection with, the discharge of any liabilities that become liabilities of the Commonwealth under this section.","sortOrder":15},{"sectionNumber":"17","sectionType":"section","heading":"Adjustment payments by Commonwealth","content":"#### 17 Adjustment payments by Commonwealth\n\n  (1) The Minister may authorise payments by the Commonwealth to the successor body.\n  (2) The Consolidated Revenue Fund is appropriated for payments under this section.\n  (3) The limit on the appropriation is the sum of the following amounts:\n    (a) the amount of any money that becomes an asset of the Commonwealth under section 15;\n    (b) the proceeds of sale of any other asset that becomes an asset of the Commonwealth under section 15;\n    (c) interest, dividends or other amounts derived from money covered by paragraph (a) or (b) or from assets that become assets of the Commonwealth under section 15;\n  reduced by the sum of payments referred to in subsection 45(1).","sortOrder":16},{"sectionNumber":"18","sectionType":"section","heading":"Registration of land transfers","content":"#### 18 Registration of land transfers\n\n  (1) This section applies if:\n    (a) any right, title or interest in particular land vests in the successor body or the Commonwealth under this Division; and\n    (b) there is lodged with a land registration official a certificate that:\n    (i) is signed by the Minister; and\n    (ii) identifies the land, whether by reference to a map or otherwise; and\n    (iii) states that the right, title or interest has become vested in the successor body or the Commonwealth under this Division.\n  (2) The land registration official may:\n    (a) register the matter in a way that is the same as, or similar to, the way in which dealings in land of that kind are registered; and\n    (b) deal with, and give effect to, the certificate.\n  (3) The Lands Acquisition Act 1989 does not apply in relation to anything done under this section.\n  (4) In this section:\n\n> land registration official, in relation to land, means the Registrar of Titles or other proper officer of the State or Territory in which the land is situated.","sortOrder":17},{"sectionNumber":"19","sectionType":"section","heading":"Certificates in relation to assets other than land","content":"#### 19 Certificates in relation to assets other than land\n\n  (1) This section applies if:\n    (a) an asset other than land vests in the successor body or the Commonwealth under this Division; and\n    (b) there is lodged with an assets official a certificate that:\n    (i) is signed by the Minister; and\n    (ii) identifies the asset; and\n    (iii) states that the asset has become vested in the successor body or the Commonwealth under this Division.\n  (2) The assets official may:\n    (a) deal with, and give effect to, the certificate as if it were a proper and appropriate instrument for transactions in relation to assets of that kind; and\n    (b) make such entries in the register as are necessary having regard to the effect of this Division.\n  (3) In this section:\n\n> assets official means the person or authority who, under a law of the Commonwealth, a State or a Territory, under a trust instrument or otherwise, has responsibility for keeping a register in relation to assets of the kind concerned.","sortOrder":18},{"sectionNumber":"20","sectionType":"section","heading":"Exemption from stamp duty etc.","content":"#### 20 Exemption from stamp duty etc.\n\n  (1) No stamp duty or other tax is payable under a law of a State or Territory in respect of an exempt matter, or anything connected with an exempt matter.\n  (2) The Minister may certify in writing:\n    (a) that a specified matter is an exempt matter; or\n    (b) that a specified thing was done in connection with a specified exempt matter.\n  (3) In all courts, and for all purposes, a certificate under subsection (2) is evidence of the matter stated in the certificate.\n  (4) In this section:\n\n> exempt matter means any of the following:\n\n    (a) the transfer or sale of an asset under section 15;\n    (b) the transfer of a liability under section 16;\n    (c) the discharge of a liability referred to in subsection 16(4);\n    (d) the operation of this Division in any other respect.","sortOrder":19},{"sectionNumber":"21","sectionType":"section","heading":"Operation of GST Law","content":"#### 21 Operation of GST Law\n\n  (1) For the purposes of the GST Law, the transfer of assets to the successor body under section 15 of this Act is taken to be consideration provided by the Commonwealth to the successor body for entering into obligations under the funding contract that was entered into by the successor body under former section 9 of this Act.\n  (2) An expression that is used in this section and defined in the A New Tax System (Goods and Services Tax) Act 1999 has the same meaning in this section as it has in that Act.","sortOrder":20},{"sectionNumber":"Division 5","sectionType":"division","heading":"Transferring employees of statutory authorities","content":"An Act relating to the pig industry\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Pig Industry Act 2001.\n\n#### 2 Commencement\n\n  This Act commences on the day on which it receives the Royal Assent.\n\n#### 4 Crown to be bound\n\n  This Act binds the Crown in all its capacities.\n\n#### 5 External Territories\n\n  This Act extends to all the external Territories.\n\n#### 6 Extraterritorial operation\n\n  This Act extends to acts, omissions, matters and things outside Australia, whether or not in a foreign country.\n\n## Part 2—Interpretation\n\n#### 7 Definitions\n\n  In this Act, unless the contrary intention appears:\n\n> asset means:\n\n    (a) any legal or equitable estate or interest in real or personal property, whether actual, contingent or prospective; and\n    (b) any right, power, privilege or immunity, whether actual, contingent or prospective.\n\n> combined service period, in relation to an employee, means the total of:\n\n    (a) the period that is, immediately before the transfer time, the employee’s period of service for the purposes of the Long Service Leave Act; and\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> employee:\n\n    (a) in relation to the Australian Pork Corporation, means a person who was an officer or employee immediately before the transfer time; and\n    (b) in relation to the Pig Research and Development Corporation, means a person who was an officer or employee (including the Executive Director) immediately before the transfer time.\n\n> industry services body means the body that was the industry services body under this Act on 31 December 2024.\n\n> instrument means:\n\n    (a) an Act or any instrument under an Act; or\n    (b) any other document.\n\n> liability means any liability, duty or obligation, whether actual, contingent or prospective.\n\n> Long Service Leave Act means the Long Service Leave (Commonwealth Employees) Act 1976, as in force immediately before the transfer time.\n\n> Maternity Leave Act means the Maternity Leave (Commonwealth Employees) Act 1973, as in force immediately before the transfer time.\n\n> SRC Act means the Safety, Rehabilitation and Compensation Act 1988, as in force immediately before the transfer time.\n\n> statutory authority means:\n\n    (a) the Australian Pork Corporation; or\n    (b) the Pig Research and Development Corporation.\n\n> successor body has the meaning given by section 14.\n\n> transferring employee means a person who:\n\n    (a) was an employee of a statutory authority immediately before the transfer time; and\n    (b) becomes an employee of the successor body at the transfer time.\n\n> transfer time means the time declared as the transfer time under section 13.\n\n## Part 3—Provision of pig industry services\n\n### Division 1—Transitional functions of statutory authorities\n\n#### 8 Functions of statutory authorities\n\n  (1) It is a function of each statutory authority to plan, facilitate and participate in:\n    (a) its abolition under this Act; and\n    (b) the implementation of this Act.\n  (2) Each statutory authority also has the function of providing funds to another entity in order to:\n    (a) meet expenses or liabilities that the entity incurs in participating in processes of the kind mentioned in subsection (1); or\n    (b) reimburse the entity for such expenses.\n  (3) The Minister may give a written direction to a statutory authority about the performance of its functions under this section. The statutory authority must comply with the direction.\n  (4) The Minister must cause a copy of a direction to be laid before each House of the Parliament within 15 sitting days of that House after the direction is given.\n  (5) In this section:\n\n> entity means any person or body (including the Commonwealth).\n\n### Division 4—Transfer of assets etc. of statutory authorities\n\n#### 13 Transfer time\n\n  The Minister must, in writing, declare the beginning of a specified day to be the transfer time for the purposes of this Act.\n\n#### 14 Successor body\n\n  The first body that is declared as the industry services body automatically becomes the successor body.\n\n#### 15 Transfer of assets of statutory authorities\n\n  (1) This section provides for an asset of a statutory authority (the transferor) to become an asset of:\n    (a) the successor body (the transferee); or\n    (b) the Commonwealth (the transferee).\n  (2) The Minister may, in writing, make any or all of the following declarations in relation to the asset:\n    (a) a declaration that the asset vests in the transferee at the transfer time without any conveyance, transfer or assignment;\n    (b) a declaration that a specified instrument relating to the asset continues to have effect after the transfer time as if a reference in the instrument to the transferor were a reference to the transferee;\n    (c) a declaration that the transferee becomes the transferor’s successor in law in relation to the asset immediately after the transfer time.\n\n> Note: An asset or instrument may be specified by name, by inclusion in a specified class or in any other way.\n\n  (3) The declaration has effect accordingly.\n  (4) The Minister, on behalf of the Commonwealth, may sell any asset that vests in the Commonwealth under this section.\n\n#### 16 Transfer of liabilities of statutory authorities\n\n  (1) This section provides for a liability of a statutory authority (the transferor) to become a liability of:\n    (a) the successor body (the transferee); or\n    (b) the Commonwealth (the transferee).\n  (2) The Minister may, in writing, make any or all of the following declarations in relation to the liability:\n    (a) a declaration that the liability vests in the transferee at the transfer time without any conveyance, transfer or assignment;\n    (b) a declaration that a specified instrument relating to the liability continues to have effect after the transfer time as if a reference in the instrument to the transferor were a reference to the transferee;\n    (c) a declaration that the transferee becomes the transferor’s successor in law in relation to the liability immediately after the transfer time.\n  (3) The declaration has effect accordingly.\n\n> Note: For the purposes of this section, a liability or instrument may be specified by name, by inclusion in a specified class or in any other way.\n\n  (4) The Consolidated Revenue Fund is appropriated for the purposes of payments by the Commonwealth for, or in connection with, the discharge of any liabilities that become liabilities of the Commonwealth under this section.\n\n#### 17 Adjustment payments by Commonwealth\n\n  (1) The Minister may authorise payments by the Commonwealth to the successor body.\n  (2) The Consolidated Revenue Fund is appropriated for payments under this section.\n  (3) The limit on the appropriation is the sum of the following amounts:\n    (a) the amount of any money that becomes an asset of the Commonwealth under section 15;\n    (b) the proceeds of sale of any other asset that becomes an asset of the Commonwealth under section 15;\n    (c) interest, dividends or other amounts derived from money covered by paragraph (a) or (b) or from assets that become assets of the Commonwealth under section 15;\n  reduced by the sum of payments referred to in subsection 45(1).\n\n#### 18 Registration of land transfers\n\n  (1) This section applies if:\n    (a) any right, title or interest in particular land vests in the successor body or the Commonwealth under this Division; and\n    (b) there is lodged with a land registration official a certificate that:\n    (i) is signed by the Minister; and\n    (ii) identifies the land, whether by reference to a map or otherwise; and\n    (iii) states that the right, title or interest has become vested in the successor body or the Commonwealth under this Division.\n  (2) The land registration official may:\n    (a) register the matter in a way that is the same as, or similar to, the way in which dealings in land of that kind are registered; and\n    (b) deal with, and give effect to, the certificate.\n  (3) The Lands Acquisition Act 1989 does not apply in relation to anything done under this section.\n  (4) In this section:\n\n> land registration official, in relation to land, means the Registrar of Titles or other proper officer of the State or Territory in which the land is situated.\n\n#### 19 Certificates in relation to assets other than land\n\n  (1) This section applies if:\n    (a) an asset other than land vests in the successor body or the Commonwealth under this Division; and\n    (b) there is lodged with an assets official a certificate that:\n    (i) is signed by the Minister; and\n    (ii) identifies the asset; and\n    (iii) states that the asset has become vested in the successor body or the Commonwealth under this Division.\n  (2) The assets official may:\n    (a) deal with, and give effect to, the certificate as if it were a proper and appropriate instrument for transactions in relation to assets of that kind; and\n    (b) make such entries in the register as are necessary having regard to the effect of this Division.\n  (3) In this section:\n\n> assets official means the person or authority who, under a law of the Commonwealth, a State or a Territory, under a trust instrument or otherwise, has responsibility for keeping a register in relation to assets of the kind concerned.\n\n#### 20 Exemption from stamp duty etc.\n\n  (1) No stamp duty or other tax is payable under a law of a State or Territory in respect of an exempt matter, or anything connected with an exempt matter.\n  (2) The Minister may certify in writing:\n    (a) that a specified matter is an exempt matter; or\n    (b) that a specified thing was done in connection with a specified exempt matter.\n  (3) In all courts, and for all purposes, a certificate under subsection (2) is evidence of the matter stated in the certificate.\n  (4) In this section:\n\n> exempt matter means any of the following:\n\n    (a) the transfer or sale of an asset under section 15;\n    (b) the transfer of a liability under section 16;\n    (c) the discharge of a liability referred to in subsection 16(4);\n    (d) the operation of this Division in any other respect.\n\n#### 21 Operation of GST Law\n\n  (1) For the purposes of the GST Law, the transfer of assets to the successor body under section 15 of this Act is taken to be consideration provided by the Commonwealth to the successor body for entering into obligations under the funding contract that was entered into by the successor body under former section 9 of this Act.\n  (2) An expression that is used in this section and defined in the A New Tax System (Goods and Services Tax) Act 1999 has the same meaning in this section as it has in that Act.\n\n### Division 5—Transferring employees of statutory authorities\n\n#### Subdivision A—Leave entitlements and continuity of service\n\n#### 22 Leave entitlements and continuity of service\n\n  (1) This section has effect for the purposes of applying a law or an award to the employment by the successor body of a transferring employee.\n  (2) The service of the transferring employee as an employee of the successor body is taken, for all purposes, to be continuous with his or her service as an employee of a statutory authority.\n  (3) At the transfer time, the transferring employee is taken to have accrued an entitlement to Long Service Leave Act benefits, recreation leave benefits and sickness leave benefits, in connection with his or her employment by the successor body, that is equivalent to the entitlement that the employee had as an employee of the statutory authority immediately before the transfer time.\n  (4) At the transfer time, the transferring employee is taken to have an entitlement to recognition by the successor body of years of service, in connection with his or her employment by the successor body, that is equivalent to the entitlement that the employee had as an employee of the statutory authority immediately before the transfer time.\n\n#### Subdivision B—Safety, Rehabilitation and Compensation Act\n\n#### 23 Expressions defined in SRC Act\n\n  Expressions that are defined in the SRC Act and used in this Subdivision have the same meanings as in that Act.\n\n#### 24 Continued application of SRC Act\n\n  The SRC Act continues to apply after the transfer time 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#### 25 Commonwealth liability to meet certain SRC Act liabilities\n\n  After the transfer time, the Commonwealth:\n    (a) is liable to pay the liabilities of the Australian Pork Corporation under section 128A of the SRC Act; and\n    (b) subject to section 26 of this Act, is taken to have been the employer of the employees of the Australian Pork Corporation before the transfer time for the purposes of the application of the SRC Act in relation to those liabilities.\n\n#### 26 Rehabilitation provisions\n\n  (1) If a transferring employee had, before the transfer time, suffered an injury resulting in an incapacity for work or an impairment, the industry services body must, after that time, provide such reasonable co‑operation and assistance as the Commonwealth requires to enable the Commonwealth to fulfil its obligations under sections 36, 37, 38, 39, 41 and 41A of the SRC Act in relation to the transferring employee.\n  (2) After the transfer time, the industry services body is, for the purposes of section 40 of the SRC Act, taken to be the relevant employer of each transferring employee.\n  (3) After the transfer time, the industry services body is, for the purposes of applying section 71 of the SRC Act in relation to each transferring employee, taken to be a Commonwealth authority.\n\n#### 27 Premiums under the SRC Act\n\n  (1) The Safety, Rehabilitation and Compensation Commission must, as soon as practicable after the transfer time, determine the amount (if any) by which the confirmed estimate of premium for each statutory authority for the transitional 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 transitional 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 Minister 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 Minister 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 Minister gives a direction, the amount or amounts to which it relates are payable to the industry services body out of the Consolidated Revenue Fund, which is appropriated accordingly.\n  (5) The payment of an amount under subsection (4) must be made in accordance with the direction, and is subject to the conditions (if any) set out in the direction.\n  (6) A copy of each direction must be published in the Gazette within 14 days after the direction is given.\n  (7) Failure to comply with subsection (6) does not affect the validity of a direction.\n  (8) In this section:\n\n> refund amount means the amount equal to the difference between:\n\n    (a) the amount of the confirmed estimate of premium for a statutory authority for the transitional financial year; and\n    (b) the amount of that confirmed estimate as reduced because of a determination under subsection (1).\n\n> transitional financial year means the financial year in which the transfer time occurs.\n\n#### Subdivision C—Deferred DFRDB Act benefits\n\n#### 28 Saving of deferred benefits\n\n  (1) This section applies to a transferring employee if, immediately before the transfer time, 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 after the transfer time 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\n\n#### 29 Maternity leave starting before transfer time\n\n  (1) This section applies in relation to a transferring employee if:\n    (a) immediately before the transfer time, the employee was a female employee of a statutory authority who was on leave granted under the Maternity Leave Act; and\n    (b) the employee would have been entitled to have remained on that leave after the transfer time if the employee had continued to be an employee of the statutory authority.\n  (2) After the transfer time, the Maternity Leave Act continues to apply to the employee in relation to the confinement in respect of which the leave was granted as if the industry services body were a prescribed authority for the purposes of that Act.\n\n#### 30 Maternity leave starting after transfer time\n\n  (1) This section applies in relation to a transferring employee if:\n    (a) immediately before the transfer time, the employee was a female employee of a statutory authority; and\n    (b) within 9 months after the transfer time, the employee would have been entitled to start leave granted under the Maternity Leave Act if the employee had continued to be an employee of the statutory authority.\n  (2) After the transfer time, the Maternity Leave Act continues to apply to the employee in relation to the confinement in respect of which she would have been entitled to leave as if the industry services body were a prescribed authority for the purposes of that Act.\n\n#### Subdivision E—Long service leave\n\n#### 31 Expressions defined in Long Service Leave Act\n\n  Expressions that are defined in the Long Service Leave Act and used in this Subdivision have the same meanings as in that Act.\n\n#### 32 Long service leave for employees with less than 10 years service\n\n  (1) This section applies in relation to a transferring employee whose period of service for the purposes of the Long Service Leave Act immediately before the transfer time was less than 10 years.\n  (2) This section does not apply in relation to an employee who dies.\n  (3) If the employee continues to be employed by 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 35(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 35(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 32 of the Pig Industry Act 2001”.\n\n#### 33 Payments in lieu of long service leave for employees with less than 10 years service\n\n  (1) This section applies to a transferring employee whose period of service for the purposes of the Long Service Leave Act immediately before the transfer time was less than 10 years.\n  (2) This section does not apply in relation to an employee who dies.\n  (3) If the employee stops being an employee of 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 35(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 35(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 35(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 33 of the Pig Industry Act 2001”.\n\n#### 34 Payments on the death of an employee\n\n  (1) This section applies to a transferring employee whose period of service for the purposes of the Long Service Leave Act immediately before the transfer time was less than 10 years.\n  (2) If the employee dies after the transfer time and, immediately before his or her death:\n    (a) the employee was an employee of the industry services body; and\n    (b) the employee’s combined service period was at least one year; and\n    (c) the employee had one or more dependants;\n  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 employee under section 33 if, on the day of his or her death, the employee 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 34 of the Pig Industry Act 2001”; and\n    (d) for the expression “subsection 16(7) or 17(5)” there were substituted the expression “section 34 of the Pig Industry Act 2001”.\n\n#### 35 Employee’s long service leave credit for the purposes of sections 32 and 33\n\n  (1) For the purposes of section 32, an employee’s long service leave credit is equal to the long service leave credit that the employee would have had under the Long Service Leave Act for the period:\n    (a) beginning when the employee began his or her period of service; and\n    (b) ending at the transfer time;\n  if the employee had been retrenched at the transfer time.\n  (2) For the purposes of section 33, an employee’s long service leave credit is the employee’s long service leave credit worked out under subsection (1) reduced by any long service leave credit used under section 32.\n\n#### 36 Employees with at least 10 years service\n\n  (1) This section applies to a transferring employee whose period of service for the purposes of the Long Service Leave Act immediately before the transfer time was at least 10 years.\n  (2) Even though the employee ceases to be employed in Government Service for the purposes of the Long Service Leave Act, the employee’s accrued rights under that Act continue. However, the employee is not entitled to receive any payment because he or she ceases to be in Government Service.\n  (3) The Long Service Leave Act has effect after the transfer time, in relation to the employee’s rights under that Act that accrued before the transfer time, as if the industry services body were an approving authority for the purposes of that Act.\n\n#### 37 Division not to affect post‑commencement long service leave rights\n\n  (1) This Division does not affect an employee’s post‑commencement long service leave rights.\n  (2) In this section:\n\n> law means:\n\n    (a) a law of the Commonwealth or of a State or Territory; or\n    (b) regulations or any other instrument (other than an award, determination or industrial agreement) made under such a law.\n\n> post‑commencement long service leave rights means any long service leave rights the employee acquires after the transfer time under an award, determination, industrial agreement or law (other than this Act).\n\n#### Subdivision F—Miscellaneous\n\n#### 38 Cessation of mobility rights\n\n  If a transferring employee had rights under section 6 or 7 of the Public Employment (Consequential and Transitional) Amendment Act 1999 immediately before the transfer time, the employee ceases to have those rights, and ceases to be an APS employee, at the transfer time.\n\n#### 39 Transferring employees who accept employment with equivalent terms and conditions\n\n  (1) A transferring employee who is employed by the successor body on equivalent terms and conditions is not entitled to receive any payment or other benefit merely because his or her employment by a statutory authority was terminated by the operation of this Act.\n  (2) For the purposes of this section, the question whether the terms and conditions of employment of a person are, when taken as a whole, at least equivalent to other terms and conditions of employment, taken as a whole, that applied to the person at a particular time is to be determined in writing by the Minister.\n  (3) Applications may be made to the Administrative Review Tribunal for review of a decision of the Minister under subsection (2).\n  (4) In this section:\n\n> equivalent terms and conditions means terms and conditions that, taken as a whole, are at least equivalent to the terms and conditions of employment, taken as a whole, that applied to the transferring employee at the time when he or she agreed to be employed by the successor body.\n\n### Division 6—Miscellaneous\n\n#### 40 Operation of Archives Act\n\n  (1) This Part does not authorise a Commonwealth record (within the meaning of the Archives Act 1983) to be transferred or otherwise dealt with except in accordance with the provisions of that Act.\n  (2) A Commonwealth record (within the meaning of the Archives Act 1983) must not be transferred to a person under this Part unless the National Archives of Australia has given permission under paragraph 24(2)(b) of that Act.\n\n#### 41 Certificates, declarations etc. taken to be authentic etc.\n\n  A document that appears to be a certificate, declaration or other document made or issued under this Part:\n    (a) is taken to be such a certificate, declaration or other document; and\n    (b) is taken to have been properly given;\n  unless the contrary is established.\n\n#### 42 Publication of declarations\n\n  (1) A copy of each declaration made by the Minister under this Part must be published in the Gazette not later than the 14th day after the day on which the declaration is made.\n  (2) Failure to comply with this section does not affect the validity of a declaration.\n\n## Part 4—Miscellaneous\n\n#### 43 Delegation\n\n  (1) The Minister may delegate all or any of his or her powers and functions under this Act to:\n    (a) the Secretary of the Department; or\n    (b) an SES employee, or acting SES employee, in the Department.\n  (2) In exercising powers or functions under a delegation, the delegate must comply with any directions of the Minister.\n\n#### 44 Compensation for acquisition of property\n\n  (1) If:\n    (a) apart from this section, the operation of this Act would result in the acquisition of property from a person otherwise than on just terms; and\n    (b) the acquisition would be invalid because of paragraph 51(xxxi) of the Constitution;\n  the Commonwealth is liable to pay the person a reasonable amount of compensation in respect of the acquisition.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n  (3) In this section:\n\n> acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\n> just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\n#### 45 Commonwealth expenses in connection with abolition of statutory bodies etc.\n\n  (1) The Consolidated Revenue Fund is appropriated for the purpose of the following payments by the Commonwealth:\n    (a) payments for the purpose of meeting expenses or liabilities that the Commonwealth incurs in participating in processes of the kind mentioned in subsection 8(1);\n    (b) payments to another person or body in order to reimburse that person or body for expenses that the person or body incurs in participating in those processes.\n  (2) The limit on the appropriation is the sum of the amounts referred to in paragraphs 17(3)(a), (b) and (c), reduced by the sum of payments made under subsection 17(1).\n\n#### 46 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 for matters of a transitional or saving nature arising from the amendments or repeals made by this Act.","sortOrder":21},{"sectionNumber":"Subdivision A","sectionType":"subdivision","heading":"Leave entitlements and continuity of service","content":"An Act relating to the pig industry\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Pig Industry Act 2001.\n\n#### 2 Commencement\n\n  This Act commences on the day on which it receives the Royal Assent.\n\n#### 4 Crown to be bound\n\n  This Act binds the Crown in all its capacities.\n\n#### 5 External Territories\n\n  This Act extends to all the external Territories.\n\n#### 6 Extraterritorial operation\n\n  This Act extends to acts, omissions, matters and things outside Australia, whether or not in a foreign country.\n\n## Part 2—Interpretation\n\n#### 7 Definitions\n\n  In this Act, unless the contrary intention appears:\n\n> asset means:\n\n    (a) any legal or equitable estate or interest in real or personal property, whether actual, contingent or prospective; and\n    (b) any right, power, privilege or immunity, whether actual, contingent or prospective.\n\n> combined service period, in relation to an employee, means the total of:\n\n    (a) the period that is, immediately before the transfer time, the employee’s period of service for the purposes of the Long Service Leave Act; and\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> employee:\n\n    (a) in relation to the Australian Pork Corporation, means a person who was an officer or employee immediately before the transfer time; and\n    (b) in relation to the Pig Research and Development Corporation, means a person who was an officer or employee (including the Executive Director) immediately before the transfer time.\n\n> industry services body means the body that was the industry services body under this Act on 31 December 2024.\n\n> instrument means:\n\n    (a) an Act or any instrument under an Act; or\n    (b) any other document.\n\n> liability means any liability, duty or obligation, whether actual, contingent or prospective.\n\n> Long Service Leave Act means the Long Service Leave (Commonwealth Employees) Act 1976, as in force immediately before the transfer time.\n\n> Maternity Leave Act means the Maternity Leave (Commonwealth Employees) Act 1973, as in force immediately before the transfer time.\n\n> SRC Act means the Safety, Rehabilitation and Compensation Act 1988, as in force immediately before the transfer time.\n\n> statutory authority means:\n\n    (a) the Australian Pork Corporation; or\n    (b) the Pig Research and Development Corporation.\n\n> successor body has the meaning given by section 14.\n\n> transferring employee means a person who:\n\n    (a) was an employee of a statutory authority immediately before the transfer time; and\n    (b) becomes an employee of the successor body at the transfer time.\n\n> transfer time means the time declared as the transfer time under section 13.\n\n## Part 3—Provision of pig industry services\n\n### Division 1—Transitional functions of statutory authorities\n\n#### 8 Functions of statutory authorities\n\n  (1) It is a function of each statutory authority to plan, facilitate and participate in:\n    (a) its abolition under this Act; and\n    (b) the implementation of this Act.\n  (2) Each statutory authority also has the function of providing funds to another entity in order to:\n    (a) meet expenses or liabilities that the entity incurs in participating in processes of the kind mentioned in subsection (1); or\n    (b) reimburse the entity for such expenses.\n  (3) The Minister may give a written direction to a statutory authority about the performance of its functions under this section. The statutory authority must comply with the direction.\n  (4) The Minister must cause a copy of a direction to be laid before each House of the Parliament within 15 sitting days of that House after the direction is given.\n  (5) In this section:\n\n> entity means any person or body (including the Commonwealth).\n\n### Division 4—Transfer of assets etc. of statutory authorities\n\n#### 13 Transfer time\n\n  The Minister must, in writing, declare the beginning of a specified day to be the transfer time for the purposes of this Act.\n\n#### 14 Successor body\n\n  The first body that is declared as the industry services body automatically becomes the successor body.\n\n#### 15 Transfer of assets of statutory authorities\n\n  (1) This section provides for an asset of a statutory authority (the transferor) to become an asset of:\n    (a) the successor body (the transferee); or\n    (b) the Commonwealth (the transferee).\n  (2) The Minister may, in writing, make any or all of the following declarations in relation to the asset:\n    (a) a declaration that the asset vests in the transferee at the transfer time without any conveyance, transfer or assignment;\n    (b) a declaration that a specified instrument relating to the asset continues to have effect after the transfer time as if a reference in the instrument to the transferor were a reference to the transferee;\n    (c) a declaration that the transferee becomes the transferor’s successor in law in relation to the asset immediately after the transfer time.\n\n> Note: An asset or instrument may be specified by name, by inclusion in a specified class or in any other way.\n\n  (3) The declaration has effect accordingly.\n  (4) The Minister, on behalf of the Commonwealth, may sell any asset that vests in the Commonwealth under this section.\n\n#### 16 Transfer of liabilities of statutory authorities\n\n  (1) This section provides for a liability of a statutory authority (the transferor) to become a liability of:\n    (a) the successor body (the transferee); or\n    (b) the Commonwealth (the transferee).\n  (2) The Minister may, in writing, make any or all of the following declarations in relation to the liability:\n    (a) a declaration that the liability vests in the transferee at the transfer time without any conveyance, transfer or assignment;\n    (b) a declaration that a specified instrument relating to the liability continues to have effect after the transfer time as if a reference in the instrument to the transferor were a reference to the transferee;\n    (c) a declaration that the transferee becomes the transferor’s successor in law in relation to the liability immediately after the transfer time.\n  (3) The declaration has effect accordingly.\n\n> Note: For the purposes of this section, a liability or instrument may be specified by name, by inclusion in a specified class or in any other way.\n\n  (4) The Consolidated Revenue Fund is appropriated for the purposes of payments by the Commonwealth for, or in connection with, the discharge of any liabilities that become liabilities of the Commonwealth under this section.\n\n#### 17 Adjustment payments by Commonwealth\n\n  (1) The Minister may authorise payments by the Commonwealth to the successor body.\n  (2) The Consolidated Revenue Fund is appropriated for payments under this section.\n  (3) The limit on the appropriation is the sum of the following amounts:\n    (a) the amount of any money that becomes an asset of the Commonwealth under section 15;\n    (b) the proceeds of sale of any other asset that becomes an asset of the Commonwealth under section 15;\n    (c) interest, dividends or other amounts derived from money covered by paragraph (a) or (b) or from assets that become assets of the Commonwealth under section 15;\n  reduced by the sum of payments referred to in subsection 45(1).\n\n#### 18 Registration of land transfers\n\n  (1) This section applies if:\n    (a) any right, title or interest in particular land vests in the successor body or the Commonwealth under this Division; and\n    (b) there is lodged with a land registration official a certificate that:\n    (i) is signed by the Minister; and\n    (ii) identifies the land, whether by reference to a map or otherwise; and\n    (iii) states that the right, title or interest has become vested in the successor body or the Commonwealth under this Division.\n  (2) The land registration official may:\n    (a) register the matter in a way that is the same as, or similar to, the way in which dealings in land of that kind are registered; and\n    (b) deal with, and give effect to, the certificate.\n  (3) The Lands Acquisition Act 1989 does not apply in relation to anything done under this section.\n  (4) In this section:\n\n> land registration official, in relation to land, means the Registrar of Titles or other proper officer of the State or Territory in which the land is situated.\n\n#### 19 Certificates in relation to assets other than land\n\n  (1) This section applies if:\n    (a) an asset other than land vests in the successor body or the Commonwealth under this Division; and\n    (b) there is lodged with an assets official a certificate that:\n    (i) is signed by the Minister; and\n    (ii) identifies the asset; and\n    (iii) states that the asset has become vested in the successor body or the Commonwealth under this Division.\n  (2) The assets official may:\n    (a) deal with, and give effect to, the certificate as if it were a proper and appropriate instrument for transactions in relation to assets of that kind; and\n    (b) make such entries in the register as are necessary having regard to the effect of this Division.\n  (3) In this section:\n\n> assets official means the person or authority who, under a law of the Commonwealth, a State or a Territory, under a trust instrument or otherwise, has responsibility for keeping a register in relation to assets of the kind concerned.\n\n#### 20 Exemption from stamp duty etc.\n\n  (1) No stamp duty or other tax is payable under a law of a State or Territory in respect of an exempt matter, or anything connected with an exempt matter.\n  (2) The Minister may certify in writing:\n    (a) that a specified matter is an exempt matter; or\n    (b) that a specified thing was done in connection with a specified exempt matter.\n  (3) In all courts, and for all purposes, a certificate under subsection (2) is evidence of the matter stated in the certificate.\n  (4) In this section:\n\n> exempt matter means any of the following:\n\n    (a) the transfer or sale of an asset under section 15;\n    (b) the transfer of a liability under section 16;\n    (c) the discharge of a liability referred to in subsection 16(4);\n    (d) the operation of this Division in any other respect.\n\n#### 21 Operation of GST Law\n\n  (1) For the purposes of the GST Law, the transfer of assets to the successor body under section 15 of this Act is taken to be consideration provided by the Commonwealth to the successor body for entering into obligations under the funding contract that was entered into by the successor body under former section 9 of this Act.\n  (2) An expression that is used in this section and defined in the A New Tax System (Goods and Services Tax) Act 1999 has the same meaning in this section as it has in that Act.\n\n### Division 5—Transferring employees of statutory authorities\n\n#### Subdivision A—Leave entitlements and continuity of service\n\n#### 22 Leave entitlements and continuity of service\n\n  (1) This section has effect for the purposes of applying a law or an award to the employment by the successor body of a transferring employee.\n  (2) The service of the transferring employee as an employee of the successor body is taken, for all purposes, to be continuous with his or her service as an employee of a statutory authority.\n  (3) At the transfer time, the transferring employee is taken to have accrued an entitlement to Long Service Leave Act benefits, recreation leave benefits and sickness leave benefits, in connection with his or her employment by the successor body, that is equivalent to the entitlement that the employee had as an employee of the statutory authority immediately before the transfer time.\n  (4) At the transfer time, the transferring employee is taken to have an entitlement to recognition by the successor body of years of service, in connection with his or her employment by the successor body, that is equivalent to the entitlement that the employee had as an employee of the statutory authority immediately before the transfer time.\n\n#### Subdivision B—Safety, Rehabilitation and Compensation Act\n\n#### 23 Expressions defined in SRC Act\n\n  Expressions that are defined in the SRC Act and used in this Subdivision have the same meanings as in that Act.\n\n#### 24 Continued application of SRC Act\n\n  The SRC Act continues to apply after the transfer time 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#### 25 Commonwealth liability to meet certain SRC Act liabilities\n\n  After the transfer time, the Commonwealth:\n    (a) is liable to pay the liabilities of the Australian Pork Corporation under section 128A of the SRC Act; and\n    (b) subject to section 26 of this Act, is taken to have been the employer of the employees of the Australian Pork Corporation before the transfer time for the purposes of the application of the SRC Act in relation to those liabilities.\n\n#### 26 Rehabilitation provisions\n\n  (1) If a transferring employee had, before the transfer time, suffered an injury resulting in an incapacity for work or an impairment, the industry services body must, after that time, provide such reasonable co‑operation and assistance as the Commonwealth requires to enable the Commonwealth to fulfil its obligations under sections 36, 37, 38, 39, 41 and 41A of the SRC Act in relation to the transferring employee.\n  (2) After the transfer time, the industry services body is, for the purposes of section 40 of the SRC Act, taken to be the relevant employer of each transferring employee.\n  (3) After the transfer time, the industry services body is, for the purposes of applying section 71 of the SRC Act in relation to each transferring employee, taken to be a Commonwealth authority.\n\n#### 27 Premiums under the SRC Act\n\n  (1) The Safety, Rehabilitation and Compensation Commission must, as soon as practicable after the transfer time, determine the amount (if any) by which the confirmed estimate of premium for each statutory authority for the transitional 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 transitional 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 Minister 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 Minister 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 Minister gives a direction, the amount or amounts to which it relates are payable to the industry services body out of the Consolidated Revenue Fund, which is appropriated accordingly.\n  (5) The payment of an amount under subsection (4) must be made in accordance with the direction, and is subject to the conditions (if any) set out in the direction.\n  (6) A copy of each direction must be published in the Gazette within 14 days after the direction is given.\n  (7) Failure to comply with subsection (6) does not affect the validity of a direction.\n  (8) In this section:\n\n> refund amount means the amount equal to the difference between:\n\n    (a) the amount of the confirmed estimate of premium for a statutory authority for the transitional financial year; and\n    (b) the amount of that confirmed estimate as reduced because of a determination under subsection (1).\n\n> transitional financial year means the financial year in which the transfer time occurs.\n\n#### Subdivision C—Deferred DFRDB Act benefits\n\n#### 28 Saving of deferred benefits\n\n  (1) This section applies to a transferring employee if, immediately before the transfer time, 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 after the transfer time 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\n\n#### 29 Maternity leave starting before transfer time\n\n  (1) This section applies in relation to a transferring employee if:\n    (a) immediately before the transfer time, the employee was a female employee of a statutory authority who was on leave granted under the Maternity Leave Act; and\n    (b) the employee would have been entitled to have remained on that leave after the transfer time if the employee had continued to be an employee of the statutory authority.\n  (2) After the transfer time, the Maternity Leave Act continues to apply to the employee in relation to the confinement in respect of which the leave was granted as if the industry services body were a prescribed authority for the purposes of that Act.\n\n#### 30 Maternity leave starting after transfer time\n\n  (1) This section applies in relation to a transferring employee if:\n    (a) immediately before the transfer time, the employee was a female employee of a statutory authority; and\n    (b) within 9 months after the transfer time, the employee would have been entitled to start leave granted under the Maternity Leave Act if the employee had continued to be an employee of the statutory authority.\n  (2) After the transfer time, the Maternity Leave Act continues to apply to the employee in relation to the confinement in respect of which she would have been entitled to leave as if the industry services body were a prescribed authority for the purposes of that Act.\n\n#### Subdivision E—Long service leave\n\n#### 31 Expressions defined in Long Service Leave Act\n\n  Expressions that are defined in the Long Service Leave Act and used in this Subdivision have the same meanings as in that Act.\n\n#### 32 Long service leave for employees with less than 10 years service\n\n  (1) This section applies in relation to a transferring employee whose period of service for the purposes of the Long Service Leave Act immediately before the transfer time was less than 10 years.\n  (2) This section does not apply in relation to an employee who dies.\n  (3) If the employee continues to be employed by 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 35(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 35(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 32 of the Pig Industry Act 2001”.\n\n#### 33 Payments in lieu of long service leave for employees with less than 10 years service\n\n  (1) This section applies to a transferring employee whose period of service for the purposes of the Long Service Leave Act immediately before the transfer time was less than 10 years.\n  (2) This section does not apply in relation to an employee who dies.\n  (3) If the employee stops being an employee of 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 35(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 35(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 35(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 33 of the Pig Industry Act 2001”.\n\n#### 34 Payments on the death of an employee\n\n  (1) This section applies to a transferring employee whose period of service for the purposes of the Long Service Leave Act immediately before the transfer time was less than 10 years.\n  (2) If the employee dies after the transfer time and, immediately before his or her death:\n    (a) the employee was an employee of the industry services body; and\n    (b) the employee’s combined service period was at least one year; and\n    (c) the employee had one or more dependants;\n  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 employee under section 33 if, on the day of his or her death, the employee 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 34 of the Pig Industry Act 2001”; and\n    (d) for the expression “subsection 16(7) or 17(5)” there were substituted the expression “section 34 of the Pig Industry Act 2001”.\n\n#### 35 Employee’s long service leave credit for the purposes of sections 32 and 33\n\n  (1) For the purposes of section 32, an employee’s long service leave credit is equal to the long service leave credit that the employee would have had under the Long Service Leave Act for the period:\n    (a) beginning when the employee began his or her period of service; and\n    (b) ending at the transfer time;\n  if the employee had been retrenched at the transfer time.\n  (2) For the purposes of section 33, an employee’s long service leave credit is the employee’s long service leave credit worked out under subsection (1) reduced by any long service leave credit used under section 32.\n\n#### 36 Employees with at least 10 years service\n\n  (1) This section applies to a transferring employee whose period of service for the purposes of the Long Service Leave Act immediately before the transfer time was at least 10 years.\n  (2) Even though the employee ceases to be employed in Government Service for the purposes of the Long Service Leave Act, the employee’s accrued rights under that Act continue. However, the employee is not entitled to receive any payment because he or she ceases to be in Government Service.\n  (3) The Long Service Leave Act has effect after the transfer time, in relation to the employee’s rights under that Act that accrued before the transfer time, as if the industry services body were an approving authority for the purposes of that Act.\n\n#### 37 Division not to affect post‑commencement long service leave rights\n\n  (1) This Division does not affect an employee’s post‑commencement long service leave rights.\n  (2) In this section:\n\n> law means:\n\n    (a) a law of the Commonwealth or of a State or Territory; or\n    (b) regulations or any other instrument (other than an award, determination or industrial agreement) made under such a law.\n\n> post‑commencement long service leave rights means any long service leave rights the employee acquires after the transfer time under an award, determination, industrial agreement or law (other than this Act).\n\n#### Subdivision F—Miscellaneous\n\n#### 38 Cessation of mobility rights\n\n  If a transferring employee had rights under section 6 or 7 of the Public Employment (Consequential and Transitional) Amendment Act 1999 immediately before the transfer time, the employee ceases to have those rights, and ceases to be an APS employee, at the transfer time.\n\n#### 39 Transferring employees who accept employment with equivalent terms and conditions\n\n  (1) A transferring employee who is employed by the successor body on equivalent terms and conditions is not entitled to receive any payment or other benefit merely because his or her employment by a statutory authority was terminated by the operation of this Act.\n  (2) For the purposes of this section, the question whether the terms and conditions of employment of a person are, when taken as a whole, at least equivalent to other terms and conditions of employment, taken as a whole, that applied to the person at a particular time is to be determined in writing by the Minister.\n  (3) Applications may be made to the Administrative Review Tribunal for review of a decision of the Minister under subsection (2).\n  (4) In this section:\n\n> equivalent terms and conditions means terms and conditions that, taken as a whole, are at least equivalent to the terms and conditions of employment, taken as a whole, that applied to the transferring employee at the time when he or she agreed to be employed by the successor body.\n\n### Division 6—Miscellaneous\n\n#### 40 Operation of Archives Act\n\n  (1) This Part does not authorise a Commonwealth record (within the meaning of the Archives Act 1983) to be transferred or otherwise dealt with except in accordance with the provisions of that Act.\n  (2) A Commonwealth record (within the meaning of the Archives Act 1983) must not be transferred to a person under this Part unless the National Archives of Australia has given permission under paragraph 24(2)(b) of that Act.\n\n#### 41 Certificates, declarations etc. taken to be authentic etc.\n\n  A document that appears to be a certificate, declaration or other document made or issued under this Part:\n    (a) is taken to be such a certificate, declaration or other document; and\n    (b) is taken to have been properly given;\n  unless the contrary is established.\n\n#### 42 Publication of declarations\n\n  (1) A copy of each declaration made by the Minister under this Part must be published in the Gazette not later than the 14th day after the day on which the declaration is made.\n  (2) Failure to comply with this section does not affect the validity of a declaration.\n\n## Part 4—Miscellaneous\n\n#### 43 Delegation\n\n  (1) The Minister may delegate all or any of his or her powers and functions under this Act to:\n    (a) the Secretary of the Department; or\n    (b) an SES employee, or acting SES employee, in the Department.\n  (2) In exercising powers or functions under a delegation, the delegate must comply with any directions of the Minister.\n\n#### 44 Compensation for acquisition of property\n\n  (1) If:\n    (a) apart from this section, the operation of this Act would result in the acquisition of property from a person otherwise than on just terms; and\n    (b) the acquisition would be invalid because of paragraph 51(xxxi) of the Constitution;\n  the Commonwealth is liable to pay the person a reasonable amount of compensation in respect of the acquisition.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n  (3) In this section:\n\n> acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\n> just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\n#### 45 Commonwealth expenses in connection with abolition of statutory bodies etc.\n\n  (1) The Consolidated Revenue Fund is appropriated for the purpose of the following payments by the Commonwealth:\n    (a) payments for the purpose of meeting expenses or liabilities that the Commonwealth incurs in participating in processes of the kind mentioned in subsection 8(1);\n    (b) payments to another person or body in order to reimburse that person or body for expenses that the person or body incurs in participating in those processes.\n  (2) The limit on the appropriation is the sum of the amounts referred to in paragraphs 17(3)(a), (b) and (c), reduced by the sum of payments made under subsection 17(1).\n\n#### 46 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 for matters of a transitional or saving nature arising from the amendments or repeals made by this Act.","sortOrder":22},{"sectionNumber":"22","sectionType":"section","heading":"Leave entitlements and continuity of service","content":"#### 22 Leave entitlements and continuity of service\n\n  (1) This section has effect for the purposes of applying a law or an award to the employment by the successor body of a transferring employee.\n  (2) The service of the transferring employee as an employee of the successor body is taken, for all purposes, to be continuous with his or her service as an employee of a statutory authority.\n  (3) At the transfer time, the transferring employee is taken to have accrued an entitlement to Long Service Leave Act benefits, recreation leave benefits and sickness leave benefits, in connection with his or her employment by the successor body, that is equivalent to the entitlement that the employee had as an employee of the statutory authority immediately before the transfer time.\n  (4) At the transfer time, the transferring employee is taken to have an entitlement to recognition by the successor body of years of service, in connection with his or her employment by the successor body, that is equivalent to the entitlement that the employee had as an employee of the statutory authority immediately before the transfer time.","sortOrder":23},{"sectionNumber":"Subdivision B","sectionType":"subdivision","heading":"Safety, Rehabilitation and Compensation Act","content":"An Act relating to the pig industry\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Pig Industry Act 2001.\n\n#### 2 Commencement\n\n  This Act commences on the day on which it receives the Royal Assent.\n\n#### 4 Crown to be bound\n\n  This Act binds the Crown in all its capacities.\n\n#### 5 External Territories\n\n  This Act extends to all the external Territories.\n\n#### 6 Extraterritorial operation\n\n  This Act extends to acts, omissions, matters and things outside Australia, whether or not in a foreign country.\n\n## Part 2—Interpretation\n\n#### 7 Definitions\n\n  In this Act, unless the contrary intention appears:\n\n> asset means:\n\n    (a) any legal or equitable estate or interest in real or personal property, whether actual, contingent or prospective; and\n    (b) any right, power, privilege or immunity, whether actual, contingent or prospective.\n\n> combined service period, in relation to an employee, means the total of:\n\n    (a) the period that is, immediately before the transfer time, the employee’s period of service for the purposes of the Long Service Leave Act; and\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> employee:\n\n    (a) in relation to the Australian Pork Corporation, means a person who was an officer or employee immediately before the transfer time; and\n    (b) in relation to the Pig Research and Development Corporation, means a person who was an officer or employee (including the Executive Director) immediately before the transfer time.\n\n> industry services body means the body that was the industry services body under this Act on 31 December 2024.\n\n> instrument means:\n\n    (a) an Act or any instrument under an Act; or\n    (b) any other document.\n\n> liability means any liability, duty or obligation, whether actual, contingent or prospective.\n\n> Long Service Leave Act means the Long Service Leave (Commonwealth Employees) Act 1976, as in force immediately before the transfer time.\n\n> Maternity Leave Act means the Maternity Leave (Commonwealth Employees) Act 1973, as in force immediately before the transfer time.\n\n> SRC Act means the Safety, Rehabilitation and Compensation Act 1988, as in force immediately before the transfer time.\n\n> statutory authority means:\n\n    (a) the Australian Pork Corporation; or\n    (b) the Pig Research and Development Corporation.\n\n> successor body has the meaning given by section 14.\n\n> transferring employee means a person who:\n\n    (a) was an employee of a statutory authority immediately before the transfer time; and\n    (b) becomes an employee of the successor body at the transfer time.\n\n> transfer time means the time declared as the transfer time under section 13.\n\n## Part 3—Provision of pig industry services\n\n### Division 1—Transitional functions of statutory authorities\n\n#### 8 Functions of statutory authorities\n\n  (1) It is a function of each statutory authority to plan, facilitate and participate in:\n    (a) its abolition under this Act; and\n    (b) the implementation of this Act.\n  (2) Each statutory authority also has the function of providing funds to another entity in order to:\n    (a) meet expenses or liabilities that the entity incurs in participating in processes of the kind mentioned in subsection (1); or\n    (b) reimburse the entity for such expenses.\n  (3) The Minister may give a written direction to a statutory authority about the performance of its functions under this section. The statutory authority must comply with the direction.\n  (4) The Minister must cause a copy of a direction to be laid before each House of the Parliament within 15 sitting days of that House after the direction is given.\n  (5) In this section:\n\n> entity means any person or body (including the Commonwealth).\n\n### Division 4—Transfer of assets etc. of statutory authorities\n\n#### 13 Transfer time\n\n  The Minister must, in writing, declare the beginning of a specified day to be the transfer time for the purposes of this Act.\n\n#### 14 Successor body\n\n  The first body that is declared as the industry services body automatically becomes the successor body.\n\n#### 15 Transfer of assets of statutory authorities\n\n  (1) This section provides for an asset of a statutory authority (the transferor) to become an asset of:\n    (a) the successor body (the transferee); or\n    (b) the Commonwealth (the transferee).\n  (2) The Minister may, in writing, make any or all of the following declarations in relation to the asset:\n    (a) a declaration that the asset vests in the transferee at the transfer time without any conveyance, transfer or assignment;\n    (b) a declaration that a specified instrument relating to the asset continues to have effect after the transfer time as if a reference in the instrument to the transferor were a reference to the transferee;\n    (c) a declaration that the transferee becomes the transferor’s successor in law in relation to the asset immediately after the transfer time.\n\n> Note: An asset or instrument may be specified by name, by inclusion in a specified class or in any other way.\n\n  (3) The declaration has effect accordingly.\n  (4) The Minister, on behalf of the Commonwealth, may sell any asset that vests in the Commonwealth under this section.\n\n#### 16 Transfer of liabilities of statutory authorities\n\n  (1) This section provides for a liability of a statutory authority (the transferor) to become a liability of:\n    (a) the successor body (the transferee); or\n    (b) the Commonwealth (the transferee).\n  (2) The Minister may, in writing, make any or all of the following declarations in relation to the liability:\n    (a) a declaration that the liability vests in the transferee at the transfer time without any conveyance, transfer or assignment;\n    (b) a declaration that a specified instrument relating to the liability continues to have effect after the transfer time as if a reference in the instrument to the transferor were a reference to the transferee;\n    (c) a declaration that the transferee becomes the transferor’s successor in law in relation to the liability immediately after the transfer time.\n  (3) The declaration has effect accordingly.\n\n> Note: For the purposes of this section, a liability or instrument may be specified by name, by inclusion in a specified class or in any other way.\n\n  (4) The Consolidated Revenue Fund is appropriated for the purposes of payments by the Commonwealth for, or in connection with, the discharge of any liabilities that become liabilities of the Commonwealth under this section.\n\n#### 17 Adjustment payments by Commonwealth\n\n  (1) The Minister may authorise payments by the Commonwealth to the successor body.\n  (2) The Consolidated Revenue Fund is appropriated for payments under this section.\n  (3) The limit on the appropriation is the sum of the following amounts:\n    (a) the amount of any money that becomes an asset of the Commonwealth under section 15;\n    (b) the proceeds of sale of any other asset that becomes an asset of the Commonwealth under section 15;\n    (c) interest, dividends or other amounts derived from money covered by paragraph (a) or (b) or from assets that become assets of the Commonwealth under section 15;\n  reduced by the sum of payments referred to in subsection 45(1).\n\n#### 18 Registration of land transfers\n\n  (1) This section applies if:\n    (a) any right, title or interest in particular land vests in the successor body or the Commonwealth under this Division; and\n    (b) there is lodged with a land registration official a certificate that:\n    (i) is signed by the Minister; and\n    (ii) identifies the land, whether by reference to a map or otherwise; and\n    (iii) states that the right, title or interest has become vested in the successor body or the Commonwealth under this Division.\n  (2) The land registration official may:\n    (a) register the matter in a way that is the same as, or similar to, the way in which dealings in land of that kind are registered; and\n    (b) deal with, and give effect to, the certificate.\n  (3) The Lands Acquisition Act 1989 does not apply in relation to anything done under this section.\n  (4) In this section:\n\n> land registration official, in relation to land, means the Registrar of Titles or other proper officer of the State or Territory in which the land is situated.\n\n#### 19 Certificates in relation to assets other than land\n\n  (1) This section applies if:\n    (a) an asset other than land vests in the successor body or the Commonwealth under this Division; and\n    (b) there is lodged with an assets official a certificate that:\n    (i) is signed by the Minister; and\n    (ii) identifies the asset; and\n    (iii) states that the asset has become vested in the successor body or the Commonwealth under this Division.\n  (2) The assets official may:\n    (a) deal with, and give effect to, the certificate as if it were a proper and appropriate instrument for transactions in relation to assets of that kind; and\n    (b) make such entries in the register as are necessary having regard to the effect of this Division.\n  (3) In this section:\n\n> assets official means the person or authority who, under a law of the Commonwealth, a State or a Territory, under a trust instrument or otherwise, has responsibility for keeping a register in relation to assets of the kind concerned.\n\n#### 20 Exemption from stamp duty etc.\n\n  (1) No stamp duty or other tax is payable under a law of a State or Territory in respect of an exempt matter, or anything connected with an exempt matter.\n  (2) The Minister may certify in writing:\n    (a) that a specified matter is an exempt matter; or\n    (b) that a specified thing was done in connection with a specified exempt matter.\n  (3) In all courts, and for all purposes, a certificate under subsection (2) is evidence of the matter stated in the certificate.\n  (4) In this section:\n\n> exempt matter means any of the following:\n\n    (a) the transfer or sale of an asset under section 15;\n    (b) the transfer of a liability under section 16;\n    (c) the discharge of a liability referred to in subsection 16(4);\n    (d) the operation of this Division in any other respect.\n\n#### 21 Operation of GST Law\n\n  (1) For the purposes of the GST Law, the transfer of assets to the successor body under section 15 of this Act is taken to be consideration provided by the Commonwealth to the successor body for entering into obligations under the funding contract that was entered into by the successor body under former section 9 of this Act.\n  (2) An expression that is used in this section and defined in the A New Tax System (Goods and Services Tax) Act 1999 has the same meaning in this section as it has in that Act.\n\n### Division 5—Transferring employees of statutory authorities\n\n#### Subdivision A—Leave entitlements and continuity of service\n\n#### 22 Leave entitlements and continuity of service\n\n  (1) This section has effect for the purposes of applying a law or an award to the employment by the successor body of a transferring employee.\n  (2) The service of the transferring employee as an employee of the successor body is taken, for all purposes, to be continuous with his or her service as an employee of a statutory authority.\n  (3) At the transfer time, the transferring employee is taken to have accrued an entitlement to Long Service Leave Act benefits, recreation leave benefits and sickness leave benefits, in connection with his or her employment by the successor body, that is equivalent to the entitlement that the employee had as an employee of the statutory authority immediately before the transfer time.\n  (4) At the transfer time, the transferring employee is taken to have an entitlement to recognition by the successor body of years of service, in connection with his or her employment by the successor body, that is equivalent to the entitlement that the employee had as an employee of the statutory authority immediately before the transfer time.\n\n#### Subdivision B—Safety, Rehabilitation and Compensation Act\n\n#### 23 Expressions defined in SRC Act\n\n  Expressions that are defined in the SRC Act and used in this Subdivision have the same meanings as in that Act.\n\n#### 24 Continued application of SRC Act\n\n  The SRC Act continues to apply after the transfer time 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#### 25 Commonwealth liability to meet certain SRC Act liabilities\n\n  After the transfer time, the Commonwealth:\n    (a) is liable to pay the liabilities of the Australian Pork Corporation under section 128A of the SRC Act; and\n    (b) subject to section 26 of this Act, is taken to have been the employer of the employees of the Australian Pork Corporation before the transfer time for the purposes of the application of the SRC Act in relation to those liabilities.\n\n#### 26 Rehabilitation provisions\n\n  (1) If a transferring employee had, before the transfer time, suffered an injury resulting in an incapacity for work or an impairment, the industry services body must, after that time, provide such reasonable co‑operation and assistance as the Commonwealth requires to enable the Commonwealth to fulfil its obligations under sections 36, 37, 38, 39, 41 and 41A of the SRC Act in relation to the transferring employee.\n  (2) After the transfer time, the industry services body is, for the purposes of section 40 of the SRC Act, taken to be the relevant employer of each transferring employee.\n  (3) After the transfer time, the industry services body is, for the purposes of applying section 71 of the SRC Act in relation to each transferring employee, taken to be a Commonwealth authority.\n\n#### 27 Premiums under the SRC Act\n\n  (1) The Safety, Rehabilitation and Compensation Commission must, as soon as practicable after the transfer time, determine the amount (if any) by which the confirmed estimate of premium for each statutory authority for the transitional 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 transitional 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 Minister 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 Minister 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 Minister gives a direction, the amount or amounts to which it relates are payable to the industry services body out of the Consolidated Revenue Fund, which is appropriated accordingly.\n  (5) The payment of an amount under subsection (4) must be made in accordance with the direction, and is subject to the conditions (if any) set out in the direction.\n  (6) A copy of each direction must be published in the Gazette within 14 days after the direction is given.\n  (7) Failure to comply with subsection (6) does not affect the validity of a direction.\n  (8) In this section:\n\n> refund amount means the amount equal to the difference between:\n\n    (a) the amount of the confirmed estimate of premium for a statutory authority for the transitional financial year; and\n    (b) the amount of that confirmed estimate as reduced because of a determination under subsection (1).\n\n> transitional financial year means the financial year in which the transfer time occurs.\n\n#### Subdivision C—Deferred DFRDB Act benefits\n\n#### 28 Saving of deferred benefits\n\n  (1) This section applies to a transferring employee if, immediately before the transfer time, 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 after the transfer time 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\n\n#### 29 Maternity leave starting before transfer time\n\n  (1) This section applies in relation to a transferring employee if:\n    (a) immediately before the transfer time, the employee was a female employee of a statutory authority who was on leave granted under the Maternity Leave Act; and\n    (b) the employee would have been entitled to have remained on that leave after the transfer time if the employee had continued to be an employee of the statutory authority.\n  (2) After the transfer time, the Maternity Leave Act continues to apply to the employee in relation to the confinement in respect of which the leave was granted as if the industry services body were a prescribed authority for the purposes of that Act.\n\n#### 30 Maternity leave starting after transfer time\n\n  (1) This section applies in relation to a transferring employee if:\n    (a) immediately before the transfer time, the employee was a female employee of a statutory authority; and\n    (b) within 9 months after the transfer time, the employee would have been entitled to start leave granted under the Maternity Leave Act if the employee had continued to be an employee of the statutory authority.\n  (2) After the transfer time, the Maternity Leave Act continues to apply to the employee in relation to the confinement in respect of which she would have been entitled to leave as if the industry services body were a prescribed authority for the purposes of that Act.\n\n#### Subdivision E—Long service leave\n\n#### 31 Expressions defined in Long Service Leave Act\n\n  Expressions that are defined in the Long Service Leave Act and used in this Subdivision have the same meanings as in that Act.\n\n#### 32 Long service leave for employees with less than 10 years service\n\n  (1) This section applies in relation to a transferring employee whose period of service for the purposes of the Long Service Leave Act immediately before the transfer time was less than 10 years.\n  (2) This section does not apply in relation to an employee who dies.\n  (3) If the employee continues to be employed by 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 35(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 35(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 32 of the Pig Industry Act 2001”.\n\n#### 33 Payments in lieu of long service leave for employees with less than 10 years service\n\n  (1) This section applies to a transferring employee whose period of service for the purposes of the Long Service Leave Act immediately before the transfer time was less than 10 years.\n  (2) This section does not apply in relation to an employee who dies.\n  (3) If the employee stops being an employee of 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 35(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 35(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 35(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 33 of the Pig Industry Act 2001”.\n\n#### 34 Payments on the death of an employee\n\n  (1) This section applies to a transferring employee whose period of service for the purposes of the Long Service Leave Act immediately before the transfer time was less than 10 years.\n  (2) If the employee dies after the transfer time and, immediately before his or her death:\n    (a) the employee was an employee of the industry services body; and\n    (b) the employee’s combined service period was at least one year; and\n    (c) the employee had one or more dependants;\n  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 employee under section 33 if, on the day of his or her death, the employee 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 34 of the Pig Industry Act 2001”; and\n    (d) for the expression “subsection 16(7) or 17(5)” there were substituted the expression “section 34 of the Pig Industry Act 2001”.\n\n#### 35 Employee’s long service leave credit for the purposes of sections 32 and 33\n\n  (1) For the purposes of section 32, an employee’s long service leave credit is equal to the long service leave credit that the employee would have had under the Long Service Leave Act for the period:\n    (a) beginning when the employee began his or her period of service; and\n    (b) ending at the transfer time;\n  if the employee had been retrenched at the transfer time.\n  (2) For the purposes of section 33, an employee’s long service leave credit is the employee’s long service leave credit worked out under subsection (1) reduced by any long service leave credit used under section 32.\n\n#### 36 Employees with at least 10 years service\n\n  (1) This section applies to a transferring employee whose period of service for the purposes of the Long Service Leave Act immediately before the transfer time was at least 10 years.\n  (2) Even though the employee ceases to be employed in Government Service for the purposes of the Long Service Leave Act, the employee’s accrued rights under that Act continue. However, the employee is not entitled to receive any payment because he or she ceases to be in Government Service.\n  (3) The Long Service Leave Act has effect after the transfer time, in relation to the employee’s rights under that Act that accrued before the transfer time, as if the industry services body were an approving authority for the purposes of that Act.\n\n#### 37 Division not to affect post‑commencement long service leave rights\n\n  (1) This Division does not affect an employee’s post‑commencement long service leave rights.\n  (2) In this section:\n\n> law means:\n\n    (a) a law of the Commonwealth or of a State or Territory; or\n    (b) regulations or any other instrument (other than an award, determination or industrial agreement) made under such a law.\n\n> post‑commencement long service leave rights means any long service leave rights the employee acquires after the transfer time under an award, determination, industrial agreement or law (other than this Act).\n\n#### Subdivision F—Miscellaneous\n\n#### 38 Cessation of mobility rights\n\n  If a transferring employee had rights under section 6 or 7 of the Public Employment (Consequential and Transitional) Amendment Act 1999 immediately before the transfer time, the employee ceases to have those rights, and ceases to be an APS employee, at the transfer time.\n\n#### 39 Transferring employees who accept employment with equivalent terms and conditions\n\n  (1) A transferring employee who is employed by the successor body on equivalent terms and conditions is not entitled to receive any payment or other benefit merely because his or her employment by a statutory authority was terminated by the operation of this Act.\n  (2) For the purposes of this section, the question whether the terms and conditions of employment of a person are, when taken as a whole, at least equivalent to other terms and conditions of employment, taken as a whole, that applied to the person at a particular time is to be determined in writing by the Minister.\n  (3) Applications may be made to the Administrative Review Tribunal for review of a decision of the Minister under subsection (2).\n  (4) In this section:\n\n> equivalent terms and conditions means terms and conditions that, taken as a whole, are at least equivalent to the terms and conditions of employment, taken as a whole, that applied to the transferring employee at the time when he or she agreed to be employed by the successor body.\n\n### Division 6—Miscellaneous\n\n#### 40 Operation of Archives Act\n\n  (1) This Part does not authorise a Commonwealth record (within the meaning of the Archives Act 1983) to be transferred or otherwise dealt with except in accordance with the provisions of that Act.\n  (2) A Commonwealth record (within the meaning of the Archives Act 1983) must not be transferred to a person under this Part unless the National Archives of Australia has given permission under paragraph 24(2)(b) of that Act.\n\n#### 41 Certificates, declarations etc. taken to be authentic etc.\n\n  A document that appears to be a certificate, declaration or other document made or issued under this Part:\n    (a) is taken to be such a certificate, declaration or other document; and\n    (b) is taken to have been properly given;\n  unless the contrary is established.\n\n#### 42 Publication of declarations\n\n  (1) A copy of each declaration made by the Minister under this Part must be published in the Gazette not later than the 14th day after the day on which the declaration is made.\n  (2) Failure to comply with this section does not affect the validity of a declaration.\n\n## Part 4—Miscellaneous\n\n#### 43 Delegation\n\n  (1) The Minister may delegate all or any of his or her powers and functions under this Act to:\n    (a) the Secretary of the Department; or\n    (b) an SES employee, or acting SES employee, in the Department.\n  (2) In exercising powers or functions under a delegation, the delegate must comply with any directions of the Minister.\n\n#### 44 Compensation for acquisition of property\n\n  (1) If:\n    (a) apart from this section, the operation of this Act would result in the acquisition of property from a person otherwise than on just terms; and\n    (b) the acquisition would be invalid because of paragraph 51(xxxi) of the Constitution;\n  the Commonwealth is liable to pay the person a reasonable amount of compensation in respect of the acquisition.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n  (3) In this section:\n\n> acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\n> just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\n#### 45 Commonwealth expenses in connection with abolition of statutory bodies etc.\n\n  (1) The Consolidated Revenue Fund is appropriated for the purpose of the following payments by the Commonwealth:\n    (a) payments for the purpose of meeting expenses or liabilities that the Commonwealth incurs in participating in processes of the kind mentioned in subsection 8(1);\n    (b) payments to another person or body in order to reimburse that person or body for expenses that the person or body incurs in participating in those processes.\n  (2) The limit on the appropriation is the sum of the amounts referred to in paragraphs 17(3)(a), (b) and (c), reduced by the sum of payments made under subsection 17(1).\n\n#### 46 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 for matters of a transitional or saving nature arising from the amendments or repeals made by this Act.","sortOrder":24},{"sectionNumber":"23","sectionType":"section","heading":"Expressions defined in SRC Act","content":"#### 23 Expressions defined in SRC Act\n\n  Expressions that are defined in the SRC Act and used in this Subdivision have the same meanings as in that Act.","sortOrder":25},{"sectionNumber":"24","sectionType":"section","heading":"Continued application of SRC Act","content":"#### 24 Continued application of SRC Act\n\n  The SRC Act continues to apply after the transfer time 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":26},{"sectionNumber":"25","sectionType":"section","heading":"Commonwealth liability to meet certain SRC Act liabilities","content":"#### 25 Commonwealth liability to meet certain SRC Act liabilities\n\n  After the transfer time, the Commonwealth:\n    (a) is liable to pay the liabilities of the Australian Pork Corporation under section 128A of the SRC Act; and\n    (b) subject to section 26 of this Act, is taken to have been the employer of the employees of the Australian Pork Corporation before the transfer time for the purposes of the application of the SRC Act in relation to those liabilities.","sortOrder":27},{"sectionNumber":"26","sectionType":"section","heading":"Rehabilitation provisions","content":"#### 26 Rehabilitation provisions\n\n  (1) If a transferring employee had, before the transfer time, suffered an injury resulting in an incapacity for work or an impairment, the industry services body must, after that time, provide such reasonable co‑operation and assistance as the Commonwealth requires to enable the Commonwealth to fulfil its obligations under sections 36, 37, 38, 39, 41 and 41A of the SRC Act in relation to the transferring employee.\n  (2) After the transfer time, the industry services body is, for the purposes of section 40 of the SRC Act, taken to be the relevant employer of each transferring employee.\n  (3) After the transfer time, the industry services body is, for the purposes of applying section 71 of the SRC Act in relation to each transferring employee, taken to be a Commonwealth authority.","sortOrder":28},{"sectionNumber":"27","sectionType":"section","heading":"Premiums under the SRC Act","content":"#### 27 Premiums under the SRC Act\n\n  (1) The Safety, Rehabilitation and Compensation Commission must, as soon as practicable after the transfer time, determine the amount (if any) by which the confirmed estimate of premium for each statutory authority for the transitional 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 transitional 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 Minister 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 Minister 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 Minister gives a direction, the amount or amounts to which it relates are payable to the industry services body out of the Consolidated Revenue Fund, which is appropriated accordingly.\n  (5) The payment of an amount under subsection (4) must be made in accordance with the direction, and is subject to the conditions (if any) set out in the direction.\n  (6) A copy of each direction must be published in the Gazette within 14 days after the direction is given.\n  (7) Failure to comply with subsection (6) does not affect the validity of a direction.\n  (8) In this section:\n\n> refund amount means the amount equal to the difference between:\n\n    (a) the amount of the confirmed estimate of premium for a statutory authority for the transitional financial year; and\n    (b) the amount of that confirmed estimate as reduced because of a determination under subsection (1).\n\n> transitional financial year means the financial year in which the transfer time occurs.","sortOrder":29},{"sectionNumber":"Subdivision C","sectionType":"subdivision","heading":"Deferred DFRDB Act benefits","content":"An Act relating to the pig industry\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Pig Industry Act 2001.\n\n#### 2 Commencement\n\n  This Act commences on the day on which it receives the Royal Assent.\n\n#### 4 Crown to be bound\n\n  This Act binds the Crown in all its capacities.\n\n#### 5 External Territories\n\n  This Act extends to all the external Territories.\n\n#### 6 Extraterritorial operation\n\n  This Act extends to acts, omissions, matters and things outside Australia, whether or not in a foreign country.\n\n## Part 2—Interpretation\n\n#### 7 Definitions\n\n  In this Act, unless the contrary intention appears:\n\n> asset means:\n\n    (a) any legal or equitable estate or interest in real or personal property, whether actual, contingent or prospective; and\n    (b) any right, power, privilege or immunity, whether actual, contingent or prospective.\n\n> combined service period, in relation to an employee, means the total of:\n\n    (a) the period that is, immediately before the transfer time, the employee’s period of service for the purposes of the Long Service Leave Act; and\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> employee:\n\n    (a) in relation to the Australian Pork Corporation, means a person who was an officer or employee immediately before the transfer time; and\n    (b) in relation to the Pig Research and Development Corporation, means a person who was an officer or employee (including the Executive Director) immediately before the transfer time.\n\n> industry services body means the body that was the industry services body under this Act on 31 December 2024.\n\n> instrument means:\n\n    (a) an Act or any instrument under an Act; or\n    (b) any other document.\n\n> liability means any liability, duty or obligation, whether actual, contingent or prospective.\n\n> Long Service Leave Act means the Long Service Leave (Commonwealth Employees) Act 1976, as in force immediately before the transfer time.\n\n> Maternity Leave Act means the Maternity Leave (Commonwealth Employees) Act 1973, as in force immediately before the transfer time.\n\n> SRC Act means the Safety, Rehabilitation and Compensation Act 1988, as in force immediately before the transfer time.\n\n> statutory authority means:\n\n    (a) the Australian Pork Corporation; or\n    (b) the Pig Research and Development Corporation.\n\n> successor body has the meaning given by section 14.\n\n> transferring employee means a person who:\n\n    (a) was an employee of a statutory authority immediately before the transfer time; and\n    (b) becomes an employee of the successor body at the transfer time.\n\n> transfer time means the time declared as the transfer time under section 13.\n\n## Part 3—Provision of pig industry services\n\n### Division 1—Transitional functions of statutory authorities\n\n#### 8 Functions of statutory authorities\n\n  (1) It is a function of each statutory authority to plan, facilitate and participate in:\n    (a) its abolition under this Act; and\n    (b) the implementation of this Act.\n  (2) Each statutory authority also has the function of providing funds to another entity in order to:\n    (a) meet expenses or liabilities that the entity incurs in participating in processes of the kind mentioned in subsection (1); or\n    (b) reimburse the entity for such expenses.\n  (3) The Minister may give a written direction to a statutory authority about the performance of its functions under this section. The statutory authority must comply with the direction.\n  (4) The Minister must cause a copy of a direction to be laid before each House of the Parliament within 15 sitting days of that House after the direction is given.\n  (5) In this section:\n\n> entity means any person or body (including the Commonwealth).\n\n### Division 4—Transfer of assets etc. of statutory authorities\n\n#### 13 Transfer time\n\n  The Minister must, in writing, declare the beginning of a specified day to be the transfer time for the purposes of this Act.\n\n#### 14 Successor body\n\n  The first body that is declared as the industry services body automatically becomes the successor body.\n\n#### 15 Transfer of assets of statutory authorities\n\n  (1) This section provides for an asset of a statutory authority (the transferor) to become an asset of:\n    (a) the successor body (the transferee); or\n    (b) the Commonwealth (the transferee).\n  (2) The Minister may, in writing, make any or all of the following declarations in relation to the asset:\n    (a) a declaration that the asset vests in the transferee at the transfer time without any conveyance, transfer or assignment;\n    (b) a declaration that a specified instrument relating to the asset continues to have effect after the transfer time as if a reference in the instrument to the transferor were a reference to the transferee;\n    (c) a declaration that the transferee becomes the transferor’s successor in law in relation to the asset immediately after the transfer time.\n\n> Note: An asset or instrument may be specified by name, by inclusion in a specified class or in any other way.\n\n  (3) The declaration has effect accordingly.\n  (4) The Minister, on behalf of the Commonwealth, may sell any asset that vests in the Commonwealth under this section.\n\n#### 16 Transfer of liabilities of statutory authorities\n\n  (1) This section provides for a liability of a statutory authority (the transferor) to become a liability of:\n    (a) the successor body (the transferee); or\n    (b) the Commonwealth (the transferee).\n  (2) The Minister may, in writing, make any or all of the following declarations in relation to the liability:\n    (a) a declaration that the liability vests in the transferee at the transfer time without any conveyance, transfer or assignment;\n    (b) a declaration that a specified instrument relating to the liability continues to have effect after the transfer time as if a reference in the instrument to the transferor were a reference to the transferee;\n    (c) a declaration that the transferee becomes the transferor’s successor in law in relation to the liability immediately after the transfer time.\n  (3) The declaration has effect accordingly.\n\n> Note: For the purposes of this section, a liability or instrument may be specified by name, by inclusion in a specified class or in any other way.\n\n  (4) The Consolidated Revenue Fund is appropriated for the purposes of payments by the Commonwealth for, or in connection with, the discharge of any liabilities that become liabilities of the Commonwealth under this section.\n\n#### 17 Adjustment payments by Commonwealth\n\n  (1) The Minister may authorise payments by the Commonwealth to the successor body.\n  (2) The Consolidated Revenue Fund is appropriated for payments under this section.\n  (3) The limit on the appropriation is the sum of the following amounts:\n    (a) the amount of any money that becomes an asset of the Commonwealth under section 15;\n    (b) the proceeds of sale of any other asset that becomes an asset of the Commonwealth under section 15;\n    (c) interest, dividends or other amounts derived from money covered by paragraph (a) or (b) or from assets that become assets of the Commonwealth under section 15;\n  reduced by the sum of payments referred to in subsection 45(1).\n\n#### 18 Registration of land transfers\n\n  (1) This section applies if:\n    (a) any right, title or interest in particular land vests in the successor body or the Commonwealth under this Division; and\n    (b) there is lodged with a land registration official a certificate that:\n    (i) is signed by the Minister; and\n    (ii) identifies the land, whether by reference to a map or otherwise; and\n    (iii) states that the right, title or interest has become vested in the successor body or the Commonwealth under this Division.\n  (2) The land registration official may:\n    (a) register the matter in a way that is the same as, or similar to, the way in which dealings in land of that kind are registered; and\n    (b) deal with, and give effect to, the certificate.\n  (3) The Lands Acquisition Act 1989 does not apply in relation to anything done under this section.\n  (4) In this section:\n\n> land registration official, in relation to land, means the Registrar of Titles or other proper officer of the State or Territory in which the land is situated.\n\n#### 19 Certificates in relation to assets other than land\n\n  (1) This section applies if:\n    (a) an asset other than land vests in the successor body or the Commonwealth under this Division; and\n    (b) there is lodged with an assets official a certificate that:\n    (i) is signed by the Minister; and\n    (ii) identifies the asset; and\n    (iii) states that the asset has become vested in the successor body or the Commonwealth under this Division.\n  (2) The assets official may:\n    (a) deal with, and give effect to, the certificate as if it were a proper and appropriate instrument for transactions in relation to assets of that kind; and\n    (b) make such entries in the register as are necessary having regard to the effect of this Division.\n  (3) In this section:\n\n> assets official means the person or authority who, under a law of the Commonwealth, a State or a Territory, under a trust instrument or otherwise, has responsibility for keeping a register in relation to assets of the kind concerned.\n\n#### 20 Exemption from stamp duty etc.\n\n  (1) No stamp duty or other tax is payable under a law of a State or Territory in respect of an exempt matter, or anything connected with an exempt matter.\n  (2) The Minister may certify in writing:\n    (a) that a specified matter is an exempt matter; or\n    (b) that a specified thing was done in connection with a specified exempt matter.\n  (3) In all courts, and for all purposes, a certificate under subsection (2) is evidence of the matter stated in the certificate.\n  (4) In this section:\n\n> exempt matter means any of the following:\n\n    (a) the transfer or sale of an asset under section 15;\n    (b) the transfer of a liability under section 16;\n    (c) the discharge of a liability referred to in subsection 16(4);\n    (d) the operation of this Division in any other respect.\n\n#### 21 Operation of GST Law\n\n  (1) For the purposes of the GST Law, the transfer of assets to the successor body under section 15 of this Act is taken to be consideration provided by the Commonwealth to the successor body for entering into obligations under the funding contract that was entered into by the successor body under former section 9 of this Act.\n  (2) An expression that is used in this section and defined in the A New Tax System (Goods and Services Tax) Act 1999 has the same meaning in this section as it has in that Act.\n\n### Division 5—Transferring employees of statutory authorities\n\n#### Subdivision A—Leave entitlements and continuity of service\n\n#### 22 Leave entitlements and continuity of service\n\n  (1) This section has effect for the purposes of applying a law or an award to the employment by the successor body of a transferring employee.\n  (2) The service of the transferring employee as an employee of the successor body is taken, for all purposes, to be continuous with his or her service as an employee of a statutory authority.\n  (3) At the transfer time, the transferring employee is taken to have accrued an entitlement to Long Service Leave Act benefits, recreation leave benefits and sickness leave benefits, in connection with his or her employment by the successor body, that is equivalent to the entitlement that the employee had as an employee of the statutory authority immediately before the transfer time.\n  (4) At the transfer time, the transferring employee is taken to have an entitlement to recognition by the successor body of years of service, in connection with his or her employment by the successor body, that is equivalent to the entitlement that the employee had as an employee of the statutory authority immediately before the transfer time.\n\n#### Subdivision B—Safety, Rehabilitation and Compensation Act\n\n#### 23 Expressions defined in SRC Act\n\n  Expressions that are defined in the SRC Act and used in this Subdivision have the same meanings as in that Act.\n\n#### 24 Continued application of SRC Act\n\n  The SRC Act continues to apply after the transfer time 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#### 25 Commonwealth liability to meet certain SRC Act liabilities\n\n  After the transfer time, the Commonwealth:\n    (a) is liable to pay the liabilities of the Australian Pork Corporation under section 128A of the SRC Act; and\n    (b) subject to section 26 of this Act, is taken to have been the employer of the employees of the Australian Pork Corporation before the transfer time for the purposes of the application of the SRC Act in relation to those liabilities.\n\n#### 26 Rehabilitation provisions\n\n  (1) If a transferring employee had, before the transfer time, suffered an injury resulting in an incapacity for work or an impairment, the industry services body must, after that time, provide such reasonable co‑operation and assistance as the Commonwealth requires to enable the Commonwealth to fulfil its obligations under sections 36, 37, 38, 39, 41 and 41A of the SRC Act in relation to the transferring employee.\n  (2) After the transfer time, the industry services body is, for the purposes of section 40 of the SRC Act, taken to be the relevant employer of each transferring employee.\n  (3) After the transfer time, the industry services body is, for the purposes of applying section 71 of the SRC Act in relation to each transferring employee, taken to be a Commonwealth authority.\n\n#### 27 Premiums under the SRC Act\n\n  (1) The Safety, Rehabilitation and Compensation Commission must, as soon as practicable after the transfer time, determine the amount (if any) by which the confirmed estimate of premium for each statutory authority for the transitional 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 transitional 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 Minister 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 Minister 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 Minister gives a direction, the amount or amounts to which it relates are payable to the industry services body out of the Consolidated Revenue Fund, which is appropriated accordingly.\n  (5) The payment of an amount under subsection (4) must be made in accordance with the direction, and is subject to the conditions (if any) set out in the direction.\n  (6) A copy of each direction must be published in the Gazette within 14 days after the direction is given.\n  (7) Failure to comply with subsection (6) does not affect the validity of a direction.\n  (8) In this section:\n\n> refund amount means the amount equal to the difference between:\n\n    (a) the amount of the confirmed estimate of premium for a statutory authority for the transitional financial year; and\n    (b) the amount of that confirmed estimate as reduced because of a determination under subsection (1).\n\n> transitional financial year means the financial year in which the transfer time occurs.\n\n#### Subdivision C—Deferred DFRDB Act benefits\n\n#### 28 Saving of deferred benefits\n\n  (1) This section applies to a transferring employee if, immediately before the transfer time, 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 after the transfer time 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\n\n#### 29 Maternity leave starting before transfer time\n\n  (1) This section applies in relation to a transferring employee if:\n    (a) immediately before the transfer time, the employee was a female employee of a statutory authority who was on leave granted under the Maternity Leave Act; and\n    (b) the employee would have been entitled to have remained on that leave after the transfer time if the employee had continued to be an employee of the statutory authority.\n  (2) After the transfer time, the Maternity Leave Act continues to apply to the employee in relation to the confinement in respect of which the leave was granted as if the industry services body were a prescribed authority for the purposes of that Act.\n\n#### 30 Maternity leave starting after transfer time\n\n  (1) This section applies in relation to a transferring employee if:\n    (a) immediately before the transfer time, the employee was a female employee of a statutory authority; and\n    (b) within 9 months after the transfer time, the employee would have been entitled to start leave granted under the Maternity Leave Act if the employee had continued to be an employee of the statutory authority.\n  (2) After the transfer time, the Maternity Leave Act continues to apply to the employee in relation to the confinement in respect of which she would have been entitled to leave as if the industry services body were a prescribed authority for the purposes of that Act.\n\n#### Subdivision E—Long service leave\n\n#### 31 Expressions defined in Long Service Leave Act\n\n  Expressions that are defined in the Long Service Leave Act and used in this Subdivision have the same meanings as in that Act.\n\n#### 32 Long service leave for employees with less than 10 years service\n\n  (1) This section applies in relation to a transferring employee whose period of service for the purposes of the Long Service Leave Act immediately before the transfer time was less than 10 years.\n  (2) This section does not apply in relation to an employee who dies.\n  (3) If the employee continues to be employed by 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 35(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 35(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 32 of the Pig Industry Act 2001”.\n\n#### 33 Payments in lieu of long service leave for employees with less than 10 years service\n\n  (1) This section applies to a transferring employee whose period of service for the purposes of the Long Service Leave Act immediately before the transfer time was less than 10 years.\n  (2) This section does not apply in relation to an employee who dies.\n  (3) If the employee stops being an employee of 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 35(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 35(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 35(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 33 of the Pig Industry Act 2001”.\n\n#### 34 Payments on the death of an employee\n\n  (1) This section applies to a transferring employee whose period of service for the purposes of the Long Service Leave Act immediately before the transfer time was less than 10 years.\n  (2) If the employee dies after the transfer time and, immediately before his or her death:\n    (a) the employee was an employee of the industry services body; and\n    (b) the employee’s combined service period was at least one year; and\n    (c) the employee had one or more dependants;\n  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 employee under section 33 if, on the day of his or her death, the employee 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 34 of the Pig Industry Act 2001”; and\n    (d) for the expression “subsection 16(7) or 17(5)” there were substituted the expression “section 34 of the Pig Industry Act 2001”.\n\n#### 35 Employee’s long service leave credit for the purposes of sections 32 and 33\n\n  (1) For the purposes of section 32, an employee’s long service leave credit is equal to the long service leave credit that the employee would have had under the Long Service Leave Act for the period:\n    (a) beginning when the employee began his or her period of service; and\n    (b) ending at the transfer time;\n  if the employee had been retrenched at the transfer time.\n  (2) For the purposes of section 33, an employee’s long service leave credit is the employee’s long service leave credit worked out under subsection (1) reduced by any long service leave credit used under section 32.\n\n#### 36 Employees with at least 10 years service\n\n  (1) This section applies to a transferring employee whose period of service for the purposes of the Long Service Leave Act immediately before the transfer time was at least 10 years.\n  (2) Even though the employee ceases to be employed in Government Service for the purposes of the Long Service Leave Act, the employee’s accrued rights under that Act continue. However, the employee is not entitled to receive any payment because he or she ceases to be in Government Service.\n  (3) The Long Service Leave Act has effect after the transfer time, in relation to the employee’s rights under that Act that accrued before the transfer time, as if the industry services body were an approving authority for the purposes of that Act.\n\n#### 37 Division not to affect post‑commencement long service leave rights\n\n  (1) This Division does not affect an employee’s post‑commencement long service leave rights.\n  (2) In this section:\n\n> law means:\n\n    (a) a law of the Commonwealth or of a State or Territory; or\n    (b) regulations or any other instrument (other than an award, determination or industrial agreement) made under such a law.\n\n> post‑commencement long service leave rights means any long service leave rights the employee acquires after the transfer time under an award, determination, industrial agreement or law (other than this Act).\n\n#### Subdivision F—Miscellaneous\n\n#### 38 Cessation of mobility rights\n\n  If a transferring employee had rights under section 6 or 7 of the Public Employment (Consequential and Transitional) Amendment Act 1999 immediately before the transfer time, the employee ceases to have those rights, and ceases to be an APS employee, at the transfer time.\n\n#### 39 Transferring employees who accept employment with equivalent terms and conditions\n\n  (1) A transferring employee who is employed by the successor body on equivalent terms and conditions is not entitled to receive any payment or other benefit merely because his or her employment by a statutory authority was terminated by the operation of this Act.\n  (2) For the purposes of this section, the question whether the terms and conditions of employment of a person are, when taken as a whole, at least equivalent to other terms and conditions of employment, taken as a whole, that applied to the person at a particular time is to be determined in writing by the Minister.\n  (3) Applications may be made to the Administrative Review Tribunal for review of a decision of the Minister under subsection (2).\n  (4) In this section:\n\n> equivalent terms and conditions means terms and conditions that, taken as a whole, are at least equivalent to the terms and conditions of employment, taken as a whole, that applied to the transferring employee at the time when he or she agreed to be employed by the successor body.\n\n### Division 6—Miscellaneous\n\n#### 40 Operation of Archives Act\n\n  (1) This Part does not authorise a Commonwealth record (within the meaning of the Archives Act 1983) to be transferred or otherwise dealt with except in accordance with the provisions of that Act.\n  (2) A Commonwealth record (within the meaning of the Archives Act 1983) must not be transferred to a person under this Part unless the National Archives of Australia has given permission under paragraph 24(2)(b) of that Act.\n\n#### 41 Certificates, declarations etc. taken to be authentic etc.\n\n  A document that appears to be a certificate, declaration or other document made or issued under this Part:\n    (a) is taken to be such a certificate, declaration or other document; and\n    (b) is taken to have been properly given;\n  unless the contrary is established.\n\n#### 42 Publication of declarations\n\n  (1) A copy of each declaration made by the Minister under this Part must be published in the Gazette not later than the 14th day after the day on which the declaration is made.\n  (2) Failure to comply with this section does not affect the validity of a declaration.\n\n## Part 4—Miscellaneous\n\n#### 43 Delegation\n\n  (1) The Minister may delegate all or any of his or her powers and functions under this Act to:\n    (a) the Secretary of the Department; or\n    (b) an SES employee, or acting SES employee, in the Department.\n  (2) In exercising powers or functions under a delegation, the delegate must comply with any directions of the Minister.\n\n#### 44 Compensation for acquisition of property\n\n  (1) If:\n    (a) apart from this section, the operation of this Act would result in the acquisition of property from a person otherwise than on just terms; and\n    (b) the acquisition would be invalid because of paragraph 51(xxxi) of the Constitution;\n  the Commonwealth is liable to pay the person a reasonable amount of compensation in respect of the acquisition.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n  (3) In this section:\n\n> acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\n> just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\n#### 45 Commonwealth expenses in connection with abolition of statutory bodies etc.\n\n  (1) The Consolidated Revenue Fund is appropriated for the purpose of the following payments by the Commonwealth:\n    (a) payments for the purpose of meeting expenses or liabilities that the Commonwealth incurs in participating in processes of the kind mentioned in subsection 8(1);\n    (b) payments to another person or body in order to reimburse that person or body for expenses that the person or body incurs in participating in those processes.\n  (2) The limit on the appropriation is the sum of the amounts referred to in paragraphs 17(3)(a), (b) and (c), reduced by the sum of payments made under subsection 17(1).\n\n#### 46 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 for matters of a transitional or saving nature arising from the amendments or repeals made by this Act.","sortOrder":30},{"sectionNumber":"28","sectionType":"section","heading":"Saving of deferred benefits","content":"#### 28 Saving of deferred benefits\n\n  (1) This section applies to a transferring employee if, immediately before the transfer time, 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 after the transfer time 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":31},{"sectionNumber":"Subdivision D","sectionType":"subdivision","heading":"Maternity leave","content":"An Act relating to the pig industry\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Pig Industry Act 2001.\n\n#### 2 Commencement\n\n  This Act commences on the day on which it receives the Royal Assent.\n\n#### 4 Crown to be bound\n\n  This Act binds the Crown in all its capacities.\n\n#### 5 External Territories\n\n  This Act extends to all the external Territories.\n\n#### 6 Extraterritorial operation\n\n  This Act extends to acts, omissions, matters and things outside Australia, whether or not in a foreign country.\n\n## Part 2—Interpretation\n\n#### 7 Definitions\n\n  In this Act, unless the contrary intention appears:\n\n> asset means:\n\n    (a) any legal or equitable estate or interest in real or personal property, whether actual, contingent or prospective; and\n    (b) any right, power, privilege or immunity, whether actual, contingent or prospective.\n\n> combined service period, in relation to an employee, means the total of:\n\n    (a) the period that is, immediately before the transfer time, the employee’s period of service for the purposes of the Long Service Leave Act; and\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> employee:\n\n    (a) in relation to the Australian Pork Corporation, means a person who was an officer or employee immediately before the transfer time; and\n    (b) in relation to the Pig Research and Development Corporation, means a person who was an officer or employee (including the Executive Director) immediately before the transfer time.\n\n> industry services body means the body that was the industry services body under this Act on 31 December 2024.\n\n> instrument means:\n\n    (a) an Act or any instrument under an Act; or\n    (b) any other document.\n\n> liability means any liability, duty or obligation, whether actual, contingent or prospective.\n\n> Long Service Leave Act means the Long Service Leave (Commonwealth Employees) Act 1976, as in force immediately before the transfer time.\n\n> Maternity Leave Act means the Maternity Leave (Commonwealth Employees) Act 1973, as in force immediately before the transfer time.\n\n> SRC Act means the Safety, Rehabilitation and Compensation Act 1988, as in force immediately before the transfer time.\n\n> statutory authority means:\n\n    (a) the Australian Pork Corporation; or\n    (b) the Pig Research and Development Corporation.\n\n> successor body has the meaning given by section 14.\n\n> transferring employee means a person who:\n\n    (a) was an employee of a statutory authority immediately before the transfer time; and\n    (b) becomes an employee of the successor body at the transfer time.\n\n> transfer time means the time declared as the transfer time under section 13.\n\n## Part 3—Provision of pig industry services\n\n### Division 1—Transitional functions of statutory authorities\n\n#### 8 Functions of statutory authorities\n\n  (1) It is a function of each statutory authority to plan, facilitate and participate in:\n    (a) its abolition under this Act; and\n    (b) the implementation of this Act.\n  (2) Each statutory authority also has the function of providing funds to another entity in order to:\n    (a) meet expenses or liabilities that the entity incurs in participating in processes of the kind mentioned in subsection (1); or\n    (b) reimburse the entity for such expenses.\n  (3) The Minister may give a written direction to a statutory authority about the performance of its functions under this section. The statutory authority must comply with the direction.\n  (4) The Minister must cause a copy of a direction to be laid before each House of the Parliament within 15 sitting days of that House after the direction is given.\n  (5) In this section:\n\n> entity means any person or body (including the Commonwealth).\n\n### Division 4—Transfer of assets etc. of statutory authorities\n\n#### 13 Transfer time\n\n  The Minister must, in writing, declare the beginning of a specified day to be the transfer time for the purposes of this Act.\n\n#### 14 Successor body\n\n  The first body that is declared as the industry services body automatically becomes the successor body.\n\n#### 15 Transfer of assets of statutory authorities\n\n  (1) This section provides for an asset of a statutory authority (the transferor) to become an asset of:\n    (a) the successor body (the transferee); or\n    (b) the Commonwealth (the transferee).\n  (2) The Minister may, in writing, make any or all of the following declarations in relation to the asset:\n    (a) a declaration that the asset vests in the transferee at the transfer time without any conveyance, transfer or assignment;\n    (b) a declaration that a specified instrument relating to the asset continues to have effect after the transfer time as if a reference in the instrument to the transferor were a reference to the transferee;\n    (c) a declaration that the transferee becomes the transferor’s successor in law in relation to the asset immediately after the transfer time.\n\n> Note: An asset or instrument may be specified by name, by inclusion in a specified class or in any other way.\n\n  (3) The declaration has effect accordingly.\n  (4) The Minister, on behalf of the Commonwealth, may sell any asset that vests in the Commonwealth under this section.\n\n#### 16 Transfer of liabilities of statutory authorities\n\n  (1) This section provides for a liability of a statutory authority (the transferor) to become a liability of:\n    (a) the successor body (the transferee); or\n    (b) the Commonwealth (the transferee).\n  (2) The Minister may, in writing, make any or all of the following declarations in relation to the liability:\n    (a) a declaration that the liability vests in the transferee at the transfer time without any conveyance, transfer or assignment;\n    (b) a declaration that a specified instrument relating to the liability continues to have effect after the transfer time as if a reference in the instrument to the transferor were a reference to the transferee;\n    (c) a declaration that the transferee becomes the transferor’s successor in law in relation to the liability immediately after the transfer time.\n  (3) The declaration has effect accordingly.\n\n> Note: For the purposes of this section, a liability or instrument may be specified by name, by inclusion in a specified class or in any other way.\n\n  (4) The Consolidated Revenue Fund is appropriated for the purposes of payments by the Commonwealth for, or in connection with, the discharge of any liabilities that become liabilities of the Commonwealth under this section.\n\n#### 17 Adjustment payments by Commonwealth\n\n  (1) The Minister may authorise payments by the Commonwealth to the successor body.\n  (2) The Consolidated Revenue Fund is appropriated for payments under this section.\n  (3) The limit on the appropriation is the sum of the following amounts:\n    (a) the amount of any money that becomes an asset of the Commonwealth under section 15;\n    (b) the proceeds of sale of any other asset that becomes an asset of the Commonwealth under section 15;\n    (c) interest, dividends or other amounts derived from money covered by paragraph (a) or (b) or from assets that become assets of the Commonwealth under section 15;\n  reduced by the sum of payments referred to in subsection 45(1).\n\n#### 18 Registration of land transfers\n\n  (1) This section applies if:\n    (a) any right, title or interest in particular land vests in the successor body or the Commonwealth under this Division; and\n    (b) there is lodged with a land registration official a certificate that:\n    (i) is signed by the Minister; and\n    (ii) identifies the land, whether by reference to a map or otherwise; and\n    (iii) states that the right, title or interest has become vested in the successor body or the Commonwealth under this Division.\n  (2) The land registration official may:\n    (a) register the matter in a way that is the same as, or similar to, the way in which dealings in land of that kind are registered; and\n    (b) deal with, and give effect to, the certificate.\n  (3) The Lands Acquisition Act 1989 does not apply in relation to anything done under this section.\n  (4) In this section:\n\n> land registration official, in relation to land, means the Registrar of Titles or other proper officer of the State or Territory in which the land is situated.\n\n#### 19 Certificates in relation to assets other than land\n\n  (1) This section applies if:\n    (a) an asset other than land vests in the successor body or the Commonwealth under this Division; and\n    (b) there is lodged with an assets official a certificate that:\n    (i) is signed by the Minister; and\n    (ii) identifies the asset; and\n    (iii) states that the asset has become vested in the successor body or the Commonwealth under this Division.\n  (2) The assets official may:\n    (a) deal with, and give effect to, the certificate as if it were a proper and appropriate instrument for transactions in relation to assets of that kind; and\n    (b) make such entries in the register as are necessary having regard to the effect of this Division.\n  (3) In this section:\n\n> assets official means the person or authority who, under a law of the Commonwealth, a State or a Territory, under a trust instrument or otherwise, has responsibility for keeping a register in relation to assets of the kind concerned.\n\n#### 20 Exemption from stamp duty etc.\n\n  (1) No stamp duty or other tax is payable under a law of a State or Territory in respect of an exempt matter, or anything connected with an exempt matter.\n  (2) The Minister may certify in writing:\n    (a) that a specified matter is an exempt matter; or\n    (b) that a specified thing was done in connection with a specified exempt matter.\n  (3) In all courts, and for all purposes, a certificate under subsection (2) is evidence of the matter stated in the certificate.\n  (4) In this section:\n\n> exempt matter means any of the following:\n\n    (a) the transfer or sale of an asset under section 15;\n    (b) the transfer of a liability under section 16;\n    (c) the discharge of a liability referred to in subsection 16(4);\n    (d) the operation of this Division in any other respect.\n\n#### 21 Operation of GST Law\n\n  (1) For the purposes of the GST Law, the transfer of assets to the successor body under section 15 of this Act is taken to be consideration provided by the Commonwealth to the successor body for entering into obligations under the funding contract that was entered into by the successor body under former section 9 of this Act.\n  (2) An expression that is used in this section and defined in the A New Tax System (Goods and Services Tax) Act 1999 has the same meaning in this section as it has in that Act.\n\n### Division 5—Transferring employees of statutory authorities\n\n#### Subdivision A—Leave entitlements and continuity of service\n\n#### 22 Leave entitlements and continuity of service\n\n  (1) This section has effect for the purposes of applying a law or an award to the employment by the successor body of a transferring employee.\n  (2) The service of the transferring employee as an employee of the successor body is taken, for all purposes, to be continuous with his or her service as an employee of a statutory authority.\n  (3) At the transfer time, the transferring employee is taken to have accrued an entitlement to Long Service Leave Act benefits, recreation leave benefits and sickness leave benefits, in connection with his or her employment by the successor body, that is equivalent to the entitlement that the employee had as an employee of the statutory authority immediately before the transfer time.\n  (4) At the transfer time, the transferring employee is taken to have an entitlement to recognition by the successor body of years of service, in connection with his or her employment by the successor body, that is equivalent to the entitlement that the employee had as an employee of the statutory authority immediately before the transfer time.\n\n#### Subdivision B—Safety, Rehabilitation and Compensation Act\n\n#### 23 Expressions defined in SRC Act\n\n  Expressions that are defined in the SRC Act and used in this Subdivision have the same meanings as in that Act.\n\n#### 24 Continued application of SRC Act\n\n  The SRC Act continues to apply after the transfer time 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#### 25 Commonwealth liability to meet certain SRC Act liabilities\n\n  After the transfer time, the Commonwealth:\n    (a) is liable to pay the liabilities of the Australian Pork Corporation under section 128A of the SRC Act; and\n    (b) subject to section 26 of this Act, is taken to have been the employer of the employees of the Australian Pork Corporation before the transfer time for the purposes of the application of the SRC Act in relation to those liabilities.\n\n#### 26 Rehabilitation provisions\n\n  (1) If a transferring employee had, before the transfer time, suffered an injury resulting in an incapacity for work or an impairment, the industry services body must, after that time, provide such reasonable co‑operation and assistance as the Commonwealth requires to enable the Commonwealth to fulfil its obligations under sections 36, 37, 38, 39, 41 and 41A of the SRC Act in relation to the transferring employee.\n  (2) After the transfer time, the industry services body is, for the purposes of section 40 of the SRC Act, taken to be the relevant employer of each transferring employee.\n  (3) After the transfer time, the industry services body is, for the purposes of applying section 71 of the SRC Act in relation to each transferring employee, taken to be a Commonwealth authority.\n\n#### 27 Premiums under the SRC Act\n\n  (1) The Safety, Rehabilitation and Compensation Commission must, as soon as practicable after the transfer time, determine the amount (if any) by which the confirmed estimate of premium for each statutory authority for the transitional 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 transitional 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 Minister 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 Minister 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 Minister gives a direction, the amount or amounts to which it relates are payable to the industry services body out of the Consolidated Revenue Fund, which is appropriated accordingly.\n  (5) The payment of an amount under subsection (4) must be made in accordance with the direction, and is subject to the conditions (if any) set out in the direction.\n  (6) A copy of each direction must be published in the Gazette within 14 days after the direction is given.\n  (7) Failure to comply with subsection (6) does not affect the validity of a direction.\n  (8) In this section:\n\n> refund amount means the amount equal to the difference between:\n\n    (a) the amount of the confirmed estimate of premium for a statutory authority for the transitional financial year; and\n    (b) the amount of that confirmed estimate as reduced because of a determination under subsection (1).\n\n> transitional financial year means the financial year in which the transfer time occurs.\n\n#### Subdivision C—Deferred DFRDB Act benefits\n\n#### 28 Saving of deferred benefits\n\n  (1) This section applies to a transferring employee if, immediately before the transfer time, 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 after the transfer time 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\n\n#### 29 Maternity leave starting before transfer time\n\n  (1) This section applies in relation to a transferring employee if:\n    (a) immediately before the transfer time, the employee was a female employee of a statutory authority who was on leave granted under the Maternity Leave Act; and\n    (b) the employee would have been entitled to have remained on that leave after the transfer time if the employee had continued to be an employee of the statutory authority.\n  (2) After the transfer time, the Maternity Leave Act continues to apply to the employee in relation to the confinement in respect of which the leave was granted as if the industry services body were a prescribed authority for the purposes of that Act.\n\n#### 30 Maternity leave starting after transfer time\n\n  (1) This section applies in relation to a transferring employee if:\n    (a) immediately before the transfer time, the employee was a female employee of a statutory authority; and\n    (b) within 9 months after the transfer time, the employee would have been entitled to start leave granted under the Maternity Leave Act if the employee had continued to be an employee of the statutory authority.\n  (2) After the transfer time, the Maternity Leave Act continues to apply to the employee in relation to the confinement in respect of which she would have been entitled to leave as if the industry services body were a prescribed authority for the purposes of that Act.\n\n#### Subdivision E—Long service leave\n\n#### 31 Expressions defined in Long Service Leave Act\n\n  Expressions that are defined in the Long Service Leave Act and used in this Subdivision have the same meanings as in that Act.\n\n#### 32 Long service leave for employees with less than 10 years service\n\n  (1) This section applies in relation to a transferring employee whose period of service for the purposes of the Long Service Leave Act immediately before the transfer time was less than 10 years.\n  (2) This section does not apply in relation to an employee who dies.\n  (3) If the employee continues to be employed by 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 35(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 35(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 32 of the Pig Industry Act 2001”.\n\n#### 33 Payments in lieu of long service leave for employees with less than 10 years service\n\n  (1) This section applies to a transferring employee whose period of service for the purposes of the Long Service Leave Act immediately before the transfer time was less than 10 years.\n  (2) This section does not apply in relation to an employee who dies.\n  (3) If the employee stops being an employee of 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 35(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 35(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 35(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 33 of the Pig Industry Act 2001”.\n\n#### 34 Payments on the death of an employee\n\n  (1) This section applies to a transferring employee whose period of service for the purposes of the Long Service Leave Act immediately before the transfer time was less than 10 years.\n  (2) If the employee dies after the transfer time and, immediately before his or her death:\n    (a) the employee was an employee of the industry services body; and\n    (b) the employee’s combined service period was at least one year; and\n    (c) the employee had one or more dependants;\n  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 employee under section 33 if, on the day of his or her death, the employee 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 34 of the Pig Industry Act 2001”; and\n    (d) for the expression “subsection 16(7) or 17(5)” there were substituted the expression “section 34 of the Pig Industry Act 2001”.\n\n#### 35 Employee’s long service leave credit for the purposes of sections 32 and 33\n\n  (1) For the purposes of section 32, an employee’s long service leave credit is equal to the long service leave credit that the employee would have had under the Long Service Leave Act for the period:\n    (a) beginning when the employee began his or her period of service; and\n    (b) ending at the transfer time;\n  if the employee had been retrenched at the transfer time.\n  (2) For the purposes of section 33, an employee’s long service leave credit is the employee’s long service leave credit worked out under subsection (1) reduced by any long service leave credit used under section 32.\n\n#### 36 Employees with at least 10 years service\n\n  (1) This section applies to a transferring employee whose period of service for the purposes of the Long Service Leave Act immediately before the transfer time was at least 10 years.\n  (2) Even though the employee ceases to be employed in Government Service for the purposes of the Long Service Leave Act, the employee’s accrued rights under that Act continue. However, the employee is not entitled to receive any payment because he or she ceases to be in Government Service.\n  (3) The Long Service Leave Act has effect after the transfer time, in relation to the employee’s rights under that Act that accrued before the transfer time, as if the industry services body were an approving authority for the purposes of that Act.\n\n#### 37 Division not to affect post‑commencement long service leave rights\n\n  (1) This Division does not affect an employee’s post‑commencement long service leave rights.\n  (2) In this section:\n\n> law means:\n\n    (a) a law of the Commonwealth or of a State or Territory; or\n    (b) regulations or any other instrument (other than an award, determination or industrial agreement) made under such a law.\n\n> post‑commencement long service leave rights means any long service leave rights the employee acquires after the transfer time under an award, determination, industrial agreement or law (other than this Act).\n\n#### Subdivision F—Miscellaneous\n\n#### 38 Cessation of mobility rights\n\n  If a transferring employee had rights under section 6 or 7 of the Public Employment (Consequential and Transitional) Amendment Act 1999 immediately before the transfer time, the employee ceases to have those rights, and ceases to be an APS employee, at the transfer time.\n\n#### 39 Transferring employees who accept employment with equivalent terms and conditions\n\n  (1) A transferring employee who is employed by the successor body on equivalent terms and conditions is not entitled to receive any payment or other benefit merely because his or her employment by a statutory authority was terminated by the operation of this Act.\n  (2) For the purposes of this section, the question whether the terms and conditions of employment of a person are, when taken as a whole, at least equivalent to other terms and conditions of employment, taken as a whole, that applied to the person at a particular time is to be determined in writing by the Minister.\n  (3) Applications may be made to the Administrative Review Tribunal for review of a decision of the Minister under subsection (2).\n  (4) In this section:\n\n> equivalent terms and conditions means terms and conditions that, taken as a whole, are at least equivalent to the terms and conditions of employment, taken as a whole, that applied to the transferring employee at the time when he or she agreed to be employed by the successor body.\n\n### Division 6—Miscellaneous\n\n#### 40 Operation of Archives Act\n\n  (1) This Part does not authorise a Commonwealth record (within the meaning of the Archives Act 1983) to be transferred or otherwise dealt with except in accordance with the provisions of that Act.\n  (2) A Commonwealth record (within the meaning of the Archives Act 1983) must not be transferred to a person under this Part unless the National Archives of Australia has given permission under paragraph 24(2)(b) of that Act.\n\n#### 41 Certificates, declarations etc. taken to be authentic etc.\n\n  A document that appears to be a certificate, declaration or other document made or issued under this Part:\n    (a) is taken to be such a certificate, declaration or other document; and\n    (b) is taken to have been properly given;\n  unless the contrary is established.\n\n#### 42 Publication of declarations\n\n  (1) A copy of each declaration made by the Minister under this Part must be published in the Gazette not later than the 14th day after the day on which the declaration is made.\n  (2) Failure to comply with this section does not affect the validity of a declaration.\n\n## Part 4—Miscellaneous\n\n#### 43 Delegation\n\n  (1) The Minister may delegate all or any of his or her powers and functions under this Act to:\n    (a) the Secretary of the Department; or\n    (b) an SES employee, or acting SES employee, in the Department.\n  (2) In exercising powers or functions under a delegation, the delegate must comply with any directions of the Minister.\n\n#### 44 Compensation for acquisition of property\n\n  (1) If:\n    (a) apart from this section, the operation of this Act would result in the acquisition of property from a person otherwise than on just terms; and\n    (b) the acquisition would be invalid because of paragraph 51(xxxi) of the Constitution;\n  the Commonwealth is liable to pay the person a reasonable amount of compensation in respect of the acquisition.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n  (3) In this section:\n\n> acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\n> just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\n#### 45 Commonwealth expenses in connection with abolition of statutory bodies etc.\n\n  (1) The Consolidated Revenue Fund is appropriated for the purpose of the following payments by the Commonwealth:\n    (a) payments for the purpose of meeting expenses or liabilities that the Commonwealth incurs in participating in processes of the kind mentioned in subsection 8(1);\n    (b) payments to another person or body in order to reimburse that person or body for expenses that the person or body incurs in participating in those processes.\n  (2) The limit on the appropriation is the sum of the amounts referred to in paragraphs 17(3)(a), (b) and (c), reduced by the sum of payments made under subsection 17(1).\n\n#### 46 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 for matters of a transitional or saving nature arising from the amendments or repeals made by this Act.","sortOrder":32},{"sectionNumber":"29","sectionType":"section","heading":"Maternity leave starting before transfer time","content":"#### 29 Maternity leave starting before transfer time\n\n  (1) This section applies in relation to a transferring employee if:\n    (a) immediately before the transfer time, the employee was a female employee of a statutory authority who was on leave granted under the Maternity Leave Act; and\n    (b) the employee would have been entitled to have remained on that leave after the transfer time if the employee had continued to be an employee of the statutory authority.\n  (2) After the transfer time, the Maternity Leave Act continues to apply to the employee in relation to the confinement in respect of which the leave was granted as if the industry services body were a prescribed authority for the purposes of that Act.","sortOrder":33},{"sectionNumber":"30","sectionType":"section","heading":"Maternity leave starting after transfer time","content":"#### 30 Maternity leave starting after transfer time\n\n  (1) This section applies in relation to a transferring employee if:\n    (a) immediately before the transfer time, the employee was a female employee of a statutory authority; and\n    (b) within 9 months after the transfer time, the employee would have been entitled to start leave granted under the Maternity Leave Act if the employee had continued to be an employee of the statutory authority.\n  (2) After the transfer time, the Maternity Leave Act continues to apply to the employee in relation to the confinement in respect of which she would have been entitled to leave as if the industry services body were a prescribed authority for the purposes of that Act.","sortOrder":34},{"sectionNumber":"Subdivision E","sectionType":"subdivision","heading":"Long service leave","content":"An Act relating to the pig industry\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Pig Industry Act 2001.\n\n#### 2 Commencement\n\n  This Act commences on the day on which it receives the Royal Assent.\n\n#### 4 Crown to be bound\n\n  This Act binds the Crown in all its capacities.\n\n#### 5 External Territories\n\n  This Act extends to all the external Territories.\n\n#### 6 Extraterritorial operation\n\n  This Act extends to acts, omissions, matters and things outside Australia, whether or not in a foreign country.\n\n## Part 2—Interpretation\n\n#### 7 Definitions\n\n  In this Act, unless the contrary intention appears:\n\n> asset means:\n\n    (a) any legal or equitable estate or interest in real or personal property, whether actual, contingent or prospective; and\n    (b) any right, power, privilege or immunity, whether actual, contingent or prospective.\n\n> combined service period, in relation to an employee, means the total of:\n\n    (a) the period that is, immediately before the transfer time, the employee’s period of service for the purposes of the Long Service Leave Act; and\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> employee:\n\n    (a) in relation to the Australian Pork Corporation, means a person who was an officer or employee immediately before the transfer time; and\n    (b) in relation to the Pig Research and Development Corporation, means a person who was an officer or employee (including the Executive Director) immediately before the transfer time.\n\n> industry services body means the body that was the industry services body under this Act on 31 December 2024.\n\n> instrument means:\n\n    (a) an Act or any instrument under an Act; or\n    (b) any other document.\n\n> liability means any liability, duty or obligation, whether actual, contingent or prospective.\n\n> Long Service Leave Act means the Long Service Leave (Commonwealth Employees) Act 1976, as in force immediately before the transfer time.\n\n> Maternity Leave Act means the Maternity Leave (Commonwealth Employees) Act 1973, as in force immediately before the transfer time.\n\n> SRC Act means the Safety, Rehabilitation and Compensation Act 1988, as in force immediately before the transfer time.\n\n> statutory authority means:\n\n    (a) the Australian Pork Corporation; or\n    (b) the Pig Research and Development Corporation.\n\n> successor body has the meaning given by section 14.\n\n> transferring employee means a person who:\n\n    (a) was an employee of a statutory authority immediately before the transfer time; and\n    (b) becomes an employee of the successor body at the transfer time.\n\n> transfer time means the time declared as the transfer time under section 13.\n\n## Part 3—Provision of pig industry services\n\n### Division 1—Transitional functions of statutory authorities\n\n#### 8 Functions of statutory authorities\n\n  (1) It is a function of each statutory authority to plan, facilitate and participate in:\n    (a) its abolition under this Act; and\n    (b) the implementation of this Act.\n  (2) Each statutory authority also has the function of providing funds to another entity in order to:\n    (a) meet expenses or liabilities that the entity incurs in participating in processes of the kind mentioned in subsection (1); or\n    (b) reimburse the entity for such expenses.\n  (3) The Minister may give a written direction to a statutory authority about the performance of its functions under this section. The statutory authority must comply with the direction.\n  (4) The Minister must cause a copy of a direction to be laid before each House of the Parliament within 15 sitting days of that House after the direction is given.\n  (5) In this section:\n\n> entity means any person or body (including the Commonwealth).\n\n### Division 4—Transfer of assets etc. of statutory authorities\n\n#### 13 Transfer time\n\n  The Minister must, in writing, declare the beginning of a specified day to be the transfer time for the purposes of this Act.\n\n#### 14 Successor body\n\n  The first body that is declared as the industry services body automatically becomes the successor body.\n\n#### 15 Transfer of assets of statutory authorities\n\n  (1) This section provides for an asset of a statutory authority (the transferor) to become an asset of:\n    (a) the successor body (the transferee); or\n    (b) the Commonwealth (the transferee).\n  (2) The Minister may, in writing, make any or all of the following declarations in relation to the asset:\n    (a) a declaration that the asset vests in the transferee at the transfer time without any conveyance, transfer or assignment;\n    (b) a declaration that a specified instrument relating to the asset continues to have effect after the transfer time as if a reference in the instrument to the transferor were a reference to the transferee;\n    (c) a declaration that the transferee becomes the transferor’s successor in law in relation to the asset immediately after the transfer time.\n\n> Note: An asset or instrument may be specified by name, by inclusion in a specified class or in any other way.\n\n  (3) The declaration has effect accordingly.\n  (4) The Minister, on behalf of the Commonwealth, may sell any asset that vests in the Commonwealth under this section.\n\n#### 16 Transfer of liabilities of statutory authorities\n\n  (1) This section provides for a liability of a statutory authority (the transferor) to become a liability of:\n    (a) the successor body (the transferee); or\n    (b) the Commonwealth (the transferee).\n  (2) The Minister may, in writing, make any or all of the following declarations in relation to the liability:\n    (a) a declaration that the liability vests in the transferee at the transfer time without any conveyance, transfer or assignment;\n    (b) a declaration that a specified instrument relating to the liability continues to have effect after the transfer time as if a reference in the instrument to the transferor were a reference to the transferee;\n    (c) a declaration that the transferee becomes the transferor’s successor in law in relation to the liability immediately after the transfer time.\n  (3) The declaration has effect accordingly.\n\n> Note: For the purposes of this section, a liability or instrument may be specified by name, by inclusion in a specified class or in any other way.\n\n  (4) The Consolidated Revenue Fund is appropriated for the purposes of payments by the Commonwealth for, or in connection with, the discharge of any liabilities that become liabilities of the Commonwealth under this section.\n\n#### 17 Adjustment payments by Commonwealth\n\n  (1) The Minister may authorise payments by the Commonwealth to the successor body.\n  (2) The Consolidated Revenue Fund is appropriated for payments under this section.\n  (3) The limit on the appropriation is the sum of the following amounts:\n    (a) the amount of any money that becomes an asset of the Commonwealth under section 15;\n    (b) the proceeds of sale of any other asset that becomes an asset of the Commonwealth under section 15;\n    (c) interest, dividends or other amounts derived from money covered by paragraph (a) or (b) or from assets that become assets of the Commonwealth under section 15;\n  reduced by the sum of payments referred to in subsection 45(1).\n\n#### 18 Registration of land transfers\n\n  (1) This section applies if:\n    (a) any right, title or interest in particular land vests in the successor body or the Commonwealth under this Division; and\n    (b) there is lodged with a land registration official a certificate that:\n    (i) is signed by the Minister; and\n    (ii) identifies the land, whether by reference to a map or otherwise; and\n    (iii) states that the right, title or interest has become vested in the successor body or the Commonwealth under this Division.\n  (2) The land registration official may:\n    (a) register the matter in a way that is the same as, or similar to, the way in which dealings in land of that kind are registered; and\n    (b) deal with, and give effect to, the certificate.\n  (3) The Lands Acquisition Act 1989 does not apply in relation to anything done under this section.\n  (4) In this section:\n\n> land registration official, in relation to land, means the Registrar of Titles or other proper officer of the State or Territory in which the land is situated.\n\n#### 19 Certificates in relation to assets other than land\n\n  (1) This section applies if:\n    (a) an asset other than land vests in the successor body or the Commonwealth under this Division; and\n    (b) there is lodged with an assets official a certificate that:\n    (i) is signed by the Minister; and\n    (ii) identifies the asset; and\n    (iii) states that the asset has become vested in the successor body or the Commonwealth under this Division.\n  (2) The assets official may:\n    (a) deal with, and give effect to, the certificate as if it were a proper and appropriate instrument for transactions in relation to assets of that kind; and\n    (b) make such entries in the register as are necessary having regard to the effect of this Division.\n  (3) In this section:\n\n> assets official means the person or authority who, under a law of the Commonwealth, a State or a Territory, under a trust instrument or otherwise, has responsibility for keeping a register in relation to assets of the kind concerned.\n\n#### 20 Exemption from stamp duty etc.\n\n  (1) No stamp duty or other tax is payable under a law of a State or Territory in respect of an exempt matter, or anything connected with an exempt matter.\n  (2) The Minister may certify in writing:\n    (a) that a specified matter is an exempt matter; or\n    (b) that a specified thing was done in connection with a specified exempt matter.\n  (3) In all courts, and for all purposes, a certificate under subsection (2) is evidence of the matter stated in the certificate.\n  (4) In this section:\n\n> exempt matter means any of the following:\n\n    (a) the transfer or sale of an asset under section 15;\n    (b) the transfer of a liability under section 16;\n    (c) the discharge of a liability referred to in subsection 16(4);\n    (d) the operation of this Division in any other respect.\n\n#### 21 Operation of GST Law\n\n  (1) For the purposes of the GST Law, the transfer of assets to the successor body under section 15 of this Act is taken to be consideration provided by the Commonwealth to the successor body for entering into obligations under the funding contract that was entered into by the successor body under former section 9 of this Act.\n  (2) An expression that is used in this section and defined in the A New Tax System (Goods and Services Tax) Act 1999 has the same meaning in this section as it has in that Act.\n\n### Division 5—Transferring employees of statutory authorities\n\n#### Subdivision A—Leave entitlements and continuity of service\n\n#### 22 Leave entitlements and continuity of service\n\n  (1) This section has effect for the purposes of applying a law or an award to the employment by the successor body of a transferring employee.\n  (2) The service of the transferring employee as an employee of the successor body is taken, for all purposes, to be continuous with his or her service as an employee of a statutory authority.\n  (3) At the transfer time, the transferring employee is taken to have accrued an entitlement to Long Service Leave Act benefits, recreation leave benefits and sickness leave benefits, in connection with his or her employment by the successor body, that is equivalent to the entitlement that the employee had as an employee of the statutory authority immediately before the transfer time.\n  (4) At the transfer time, the transferring employee is taken to have an entitlement to recognition by the successor body of years of service, in connection with his or her employment by the successor body, that is equivalent to the entitlement that the employee had as an employee of the statutory authority immediately before the transfer time.\n\n#### Subdivision B—Safety, Rehabilitation and Compensation Act\n\n#### 23 Expressions defined in SRC Act\n\n  Expressions that are defined in the SRC Act and used in this Subdivision have the same meanings as in that Act.\n\n#### 24 Continued application of SRC Act\n\n  The SRC Act continues to apply after the transfer time 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#### 25 Commonwealth liability to meet certain SRC Act liabilities\n\n  After the transfer time, the Commonwealth:\n    (a) is liable to pay the liabilities of the Australian Pork Corporation under section 128A of the SRC Act; and\n    (b) subject to section 26 of this Act, is taken to have been the employer of the employees of the Australian Pork Corporation before the transfer time for the purposes of the application of the SRC Act in relation to those liabilities.\n\n#### 26 Rehabilitation provisions\n\n  (1) If a transferring employee had, before the transfer time, suffered an injury resulting in an incapacity for work or an impairment, the industry services body must, after that time, provide such reasonable co‑operation and assistance as the Commonwealth requires to enable the Commonwealth to fulfil its obligations under sections 36, 37, 38, 39, 41 and 41A of the SRC Act in relation to the transferring employee.\n  (2) After the transfer time, the industry services body is, for the purposes of section 40 of the SRC Act, taken to be the relevant employer of each transferring employee.\n  (3) After the transfer time, the industry services body is, for the purposes of applying section 71 of the SRC Act in relation to each transferring employee, taken to be a Commonwealth authority.\n\n#### 27 Premiums under the SRC Act\n\n  (1) The Safety, Rehabilitation and Compensation Commission must, as soon as practicable after the transfer time, determine the amount (if any) by which the confirmed estimate of premium for each statutory authority for the transitional 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 transitional 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 Minister 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 Minister 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 Minister gives a direction, the amount or amounts to which it relates are payable to the industry services body out of the Consolidated Revenue Fund, which is appropriated accordingly.\n  (5) The payment of an amount under subsection (4) must be made in accordance with the direction, and is subject to the conditions (if any) set out in the direction.\n  (6) A copy of each direction must be published in the Gazette within 14 days after the direction is given.\n  (7) Failure to comply with subsection (6) does not affect the validity of a direction.\n  (8) In this section:\n\n> refund amount means the amount equal to the difference between:\n\n    (a) the amount of the confirmed estimate of premium for a statutory authority for the transitional financial year; and\n    (b) the amount of that confirmed estimate as reduced because of a determination under subsection (1).\n\n> transitional financial year means the financial year in which the transfer time occurs.\n\n#### Subdivision C—Deferred DFRDB Act benefits\n\n#### 28 Saving of deferred benefits\n\n  (1) This section applies to a transferring employee if, immediately before the transfer time, 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 after the transfer time 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\n\n#### 29 Maternity leave starting before transfer time\n\n  (1) This section applies in relation to a transferring employee if:\n    (a) immediately before the transfer time, the employee was a female employee of a statutory authority who was on leave granted under the Maternity Leave Act; and\n    (b) the employee would have been entitled to have remained on that leave after the transfer time if the employee had continued to be an employee of the statutory authority.\n  (2) After the transfer time, the Maternity Leave Act continues to apply to the employee in relation to the confinement in respect of which the leave was granted as if the industry services body were a prescribed authority for the purposes of that Act.\n\n#### 30 Maternity leave starting after transfer time\n\n  (1) This section applies in relation to a transferring employee if:\n    (a) immediately before the transfer time, the employee was a female employee of a statutory authority; and\n    (b) within 9 months after the transfer time, the employee would have been entitled to start leave granted under the Maternity Leave Act if the employee had continued to be an employee of the statutory authority.\n  (2) After the transfer time, the Maternity Leave Act continues to apply to the employee in relation to the confinement in respect of which she would have been entitled to leave as if the industry services body were a prescribed authority for the purposes of that Act.\n\n#### Subdivision E—Long service leave\n\n#### 31 Expressions defined in Long Service Leave Act\n\n  Expressions that are defined in the Long Service Leave Act and used in this Subdivision have the same meanings as in that Act.\n\n#### 32 Long service leave for employees with less than 10 years service\n\n  (1) This section applies in relation to a transferring employee whose period of service for the purposes of the Long Service Leave Act immediately before the transfer time was less than 10 years.\n  (2) This section does not apply in relation to an employee who dies.\n  (3) If the employee continues to be employed by 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 35(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 35(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 32 of the Pig Industry Act 2001”.\n\n#### 33 Payments in lieu of long service leave for employees with less than 10 years service\n\n  (1) This section applies to a transferring employee whose period of service for the purposes of the Long Service Leave Act immediately before the transfer time was less than 10 years.\n  (2) This section does not apply in relation to an employee who dies.\n  (3) If the employee stops being an employee of 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 35(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 35(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 35(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 33 of the Pig Industry Act 2001”.\n\n#### 34 Payments on the death of an employee\n\n  (1) This section applies to a transferring employee whose period of service for the purposes of the Long Service Leave Act immediately before the transfer time was less than 10 years.\n  (2) If the employee dies after the transfer time and, immediately before his or her death:\n    (a) the employee was an employee of the industry services body; and\n    (b) the employee’s combined service period was at least one year; and\n    (c) the employee had one or more dependants;\n  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 employee under section 33 if, on the day of his or her death, the employee 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 34 of the Pig Industry Act 2001”; and\n    (d) for the expression “subsection 16(7) or 17(5)” there were substituted the expression “section 34 of the Pig Industry Act 2001”.\n\n#### 35 Employee’s long service leave credit for the purposes of sections 32 and 33\n\n  (1) For the purposes of section 32, an employee’s long service leave credit is equal to the long service leave credit that the employee would have had under the Long Service Leave Act for the period:\n    (a) beginning when the employee began his or her period of service; and\n    (b) ending at the transfer time;\n  if the employee had been retrenched at the transfer time.\n  (2) For the purposes of section 33, an employee’s long service leave credit is the employee’s long service leave credit worked out under subsection (1) reduced by any long service leave credit used under section 32.\n\n#### 36 Employees with at least 10 years service\n\n  (1) This section applies to a transferring employee whose period of service for the purposes of the Long Service Leave Act immediately before the transfer time was at least 10 years.\n  (2) Even though the employee ceases to be employed in Government Service for the purposes of the Long Service Leave Act, the employee’s accrued rights under that Act continue. However, the employee is not entitled to receive any payment because he or she ceases to be in Government Service.\n  (3) The Long Service Leave Act has effect after the transfer time, in relation to the employee’s rights under that Act that accrued before the transfer time, as if the industry services body were an approving authority for the purposes of that Act.\n\n#### 37 Division not to affect post‑commencement long service leave rights\n\n  (1) This Division does not affect an employee’s post‑commencement long service leave rights.\n  (2) In this section:\n\n> law means:\n\n    (a) a law of the Commonwealth or of a State or Territory; or\n    (b) regulations or any other instrument (other than an award, determination or industrial agreement) made under such a law.\n\n> post‑commencement long service leave rights means any long service leave rights the employee acquires after the transfer time under an award, determination, industrial agreement or law (other than this Act).\n\n#### Subdivision F—Miscellaneous\n\n#### 38 Cessation of mobility rights\n\n  If a transferring employee had rights under section 6 or 7 of the Public Employment (Consequential and Transitional) Amendment Act 1999 immediately before the transfer time, the employee ceases to have those rights, and ceases to be an APS employee, at the transfer time.\n\n#### 39 Transferring employees who accept employment with equivalent terms and conditions\n\n  (1) A transferring employee who is employed by the successor body on equivalent terms and conditions is not entitled to receive any payment or other benefit merely because his or her employment by a statutory authority was terminated by the operation of this Act.\n  (2) For the purposes of this section, the question whether the terms and conditions of employment of a person are, when taken as a whole, at least equivalent to other terms and conditions of employment, taken as a whole, that applied to the person at a particular time is to be determined in writing by the Minister.\n  (3) Applications may be made to the Administrative Review Tribunal for review of a decision of the Minister under subsection (2).\n  (4) In this section:\n\n> equivalent terms and conditions means terms and conditions that, taken as a whole, are at least equivalent to the terms and conditions of employment, taken as a whole, that applied to the transferring employee at the time when he or she agreed to be employed by the successor body.\n\n### Division 6—Miscellaneous\n\n#### 40 Operation of Archives Act\n\n  (1) This Part does not authorise a Commonwealth record (within the meaning of the Archives Act 1983) to be transferred or otherwise dealt with except in accordance with the provisions of that Act.\n  (2) A Commonwealth record (within the meaning of the Archives Act 1983) must not be transferred to a person under this Part unless the National Archives of Australia has given permission under paragraph 24(2)(b) of that Act.\n\n#### 41 Certificates, declarations etc. taken to be authentic etc.\n\n  A document that appears to be a certificate, declaration or other document made or issued under this Part:\n    (a) is taken to be such a certificate, declaration or other document; and\n    (b) is taken to have been properly given;\n  unless the contrary is established.\n\n#### 42 Publication of declarations\n\n  (1) A copy of each declaration made by the Minister under this Part must be published in the Gazette not later than the 14th day after the day on which the declaration is made.\n  (2) Failure to comply with this section does not affect the validity of a declaration.\n\n## Part 4—Miscellaneous\n\n#### 43 Delegation\n\n  (1) The Minister may delegate all or any of his or her powers and functions under this Act to:\n    (a) the Secretary of the Department; or\n    (b) an SES employee, or acting SES employee, in the Department.\n  (2) In exercising powers or functions under a delegation, the delegate must comply with any directions of the Minister.\n\n#### 44 Compensation for acquisition of property\n\n  (1) If:\n    (a) apart from this section, the operation of this Act would result in the acquisition of property from a person otherwise than on just terms; and\n    (b) the acquisition would be invalid because of paragraph 51(xxxi) of the Constitution;\n  the Commonwealth is liable to pay the person a reasonable amount of compensation in respect of the acquisition.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n  (3) In this section:\n\n> acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\n> just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\n#### 45 Commonwealth expenses in connection with abolition of statutory bodies etc.\n\n  (1) The Consolidated Revenue Fund is appropriated for the purpose of the following payments by the Commonwealth:\n    (a) payments for the purpose of meeting expenses or liabilities that the Commonwealth incurs in participating in processes of the kind mentioned in subsection 8(1);\n    (b) payments to another person or body in order to reimburse that person or body for expenses that the person or body incurs in participating in those processes.\n  (2) The limit on the appropriation is the sum of the amounts referred to in paragraphs 17(3)(a), (b) and (c), reduced by the sum of payments made under subsection 17(1).\n\n#### 46 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 for matters of a transitional or saving nature arising from the amendments or repeals made by this Act.","sortOrder":35},{"sectionNumber":"31","sectionType":"section","heading":"Expressions defined in Long Service Leave Act","content":"#### 31 Expressions defined in Long Service Leave Act\n\n  Expressions that are defined in the Long Service Leave Act and used in this Subdivision have the same meanings as in that Act.","sortOrder":36},{"sectionNumber":"32","sectionType":"section","heading":"Long service leave for employees with less than 10 years service","content":"#### 32 Long service leave for employees with less than 10 years service\n\n  (1) This section applies in relation to a transferring employee whose period of service for the purposes of the Long Service Leave Act immediately before the transfer time was less than 10 years.\n  (2) This section does not apply in relation to an employee who dies.\n  (3) If the employee continues to be employed by 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 35(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 35(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 32 of the Pig Industry Act 2001”.","sortOrder":37},{"sectionNumber":"33","sectionType":"section","heading":"Payments in lieu of long service leave for employees with less than 10 years service","content":"#### 33 Payments in lieu of long service leave for employees with less than 10 years service\n\n  (1) This section applies to a transferring employee whose period of service for the purposes of the Long Service Leave Act immediately before the transfer time was less than 10 years.\n  (2) This section does not apply in relation to an employee who dies.\n  (3) If the employee stops being an employee of 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 35(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 35(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 35(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 33 of the Pig Industry Act 2001”.","sortOrder":38},{"sectionNumber":"34","sectionType":"section","heading":"Payments on the death of an employee","content":"#### 34 Payments on the death of an employee\n\n  (1) This section applies to a transferring employee whose period of service for the purposes of the Long Service Leave Act immediately before the transfer time was less than 10 years.\n  (2) If the employee dies after the transfer time and, immediately before his or her death:\n    (a) the employee was an employee of the industry services body; and\n    (b) the employee’s combined service period was at least one year; and\n    (c) the employee had one or more dependants;\n  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 employee under section 33 if, on the day of his or her death, the employee 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 34 of the Pig Industry Act 2001”; and\n    (d) for the expression “subsection 16(7) or 17(5)” there were substituted the expression “section 34 of the Pig Industry Act 2001”.","sortOrder":39},{"sectionNumber":"35","sectionType":"section","heading":"Employee’s long service leave credit for the purposes of sections 32 and 33","content":"#### 35 Employee’s long service leave credit for the purposes of sections 32 and 33\n\n  (1) For the purposes of section 32, an employee’s long service leave credit is equal to the long service leave credit that the employee would have had under the Long Service Leave Act for the period:\n    (a) beginning when the employee began his or her period of service; and\n    (b) ending at the transfer time;\n  if the employee had been retrenched at the transfer time.\n  (2) For the purposes of section 33, an employee’s long service leave credit is the employee’s long service leave credit worked out under subsection (1) reduced by any long service leave credit used under section 32.","sortOrder":40},{"sectionNumber":"36","sectionType":"section","heading":"Employees with at least 10 years service","content":"#### 36 Employees with at least 10 years service\n\n  (1) This section applies to a transferring employee whose period of service for the purposes of the Long Service Leave Act immediately before the transfer time was at least 10 years.\n  (2) Even though the employee ceases to be employed in Government Service for the purposes of the Long Service Leave Act, the employee’s accrued rights under that Act continue. However, the employee is not entitled to receive any payment because he or she ceases to be in Government Service.\n  (3) The Long Service Leave Act has effect after the transfer time, in relation to the employee’s rights under that Act that accrued before the transfer time, as if the industry services body were an approving authority for the purposes of that Act.","sortOrder":41},{"sectionNumber":"37","sectionType":"section","heading":"Division not to affect post‑commencement long service leave rights","content":"#### 37 Division not to affect post‑commencement long service leave rights\n\n  (1) This Division does not affect an employee’s post‑commencement long service leave rights.\n  (2) In this section:\n\n> law means:\n\n    (a) a law of the Commonwealth or of a State or Territory; or\n    (b) regulations or any other instrument (other than an award, determination or industrial agreement) made under such a law.\n\n> post‑commencement long service leave rights means any long service leave rights the employee acquires after the transfer time under an award, determination, industrial agreement or law (other than this Act).","sortOrder":42},{"sectionNumber":"Subdivision F","sectionType":"subdivision","heading":"Miscellaneous","content":"An Act relating to the pig industry\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Pig Industry Act 2001.\n\n#### 2 Commencement\n\n  This Act commences on the day on which it receives the Royal Assent.\n\n#### 4 Crown to be bound\n\n  This Act binds the Crown in all its capacities.\n\n#### 5 External Territories\n\n  This Act extends to all the external Territories.\n\n#### 6 Extraterritorial operation\n\n  This Act extends to acts, omissions, matters and things outside Australia, whether or not in a foreign country.\n\n## Part 2—Interpretation\n\n#### 7 Definitions\n\n  In this Act, unless the contrary intention appears:\n\n> asset means:\n\n    (a) any legal or equitable estate or interest in real or personal property, whether actual, contingent or prospective; and\n    (b) any right, power, privilege or immunity, whether actual, contingent or prospective.\n\n> combined service period, in relation to an employee, means the total of:\n\n    (a) the period that is, immediately before the transfer time, the employee’s period of service for the purposes of the Long Service Leave Act; and\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> employee:\n\n    (a) in relation to the Australian Pork Corporation, means a person who was an officer or employee immediately before the transfer time; and\n    (b) in relation to the Pig Research and Development Corporation, means a person who was an officer or employee (including the Executive Director) immediately before the transfer time.\n\n> industry services body means the body that was the industry services body under this Act on 31 December 2024.\n\n> instrument means:\n\n    (a) an Act or any instrument under an Act; or\n    (b) any other document.\n\n> liability means any liability, duty or obligation, whether actual, contingent or prospective.\n\n> Long Service Leave Act means the Long Service Leave (Commonwealth Employees) Act 1976, as in force immediately before the transfer time.\n\n> Maternity Leave Act means the Maternity Leave (Commonwealth Employees) Act 1973, as in force immediately before the transfer time.\n\n> SRC Act means the Safety, Rehabilitation and Compensation Act 1988, as in force immediately before the transfer time.\n\n> statutory authority means:\n\n    (a) the Australian Pork Corporation; or\n    (b) the Pig Research and Development Corporation.\n\n> successor body has the meaning given by section 14.\n\n> transferring employee means a person who:\n\n    (a) was an employee of a statutory authority immediately before the transfer time; and\n    (b) becomes an employee of the successor body at the transfer time.\n\n> transfer time means the time declared as the transfer time under section 13.\n\n## Part 3—Provision of pig industry services\n\n### Division 1—Transitional functions of statutory authorities\n\n#### 8 Functions of statutory authorities\n\n  (1) It is a function of each statutory authority to plan, facilitate and participate in:\n    (a) its abolition under this Act; and\n    (b) the implementation of this Act.\n  (2) Each statutory authority also has the function of providing funds to another entity in order to:\n    (a) meet expenses or liabilities that the entity incurs in participating in processes of the kind mentioned in subsection (1); or\n    (b) reimburse the entity for such expenses.\n  (3) The Minister may give a written direction to a statutory authority about the performance of its functions under this section. The statutory authority must comply with the direction.\n  (4) The Minister must cause a copy of a direction to be laid before each House of the Parliament within 15 sitting days of that House after the direction is given.\n  (5) In this section:\n\n> entity means any person or body (including the Commonwealth).\n\n### Division 4—Transfer of assets etc. of statutory authorities\n\n#### 13 Transfer time\n\n  The Minister must, in writing, declare the beginning of a specified day to be the transfer time for the purposes of this Act.\n\n#### 14 Successor body\n\n  The first body that is declared as the industry services body automatically becomes the successor body.\n\n#### 15 Transfer of assets of statutory authorities\n\n  (1) This section provides for an asset of a statutory authority (the transferor) to become an asset of:\n    (a) the successor body (the transferee); or\n    (b) the Commonwealth (the transferee).\n  (2) The Minister may, in writing, make any or all of the following declarations in relation to the asset:\n    (a) a declaration that the asset vests in the transferee at the transfer time without any conveyance, transfer or assignment;\n    (b) a declaration that a specified instrument relating to the asset continues to have effect after the transfer time as if a reference in the instrument to the transferor were a reference to the transferee;\n    (c) a declaration that the transferee becomes the transferor’s successor in law in relation to the asset immediately after the transfer time.\n\n> Note: An asset or instrument may be specified by name, by inclusion in a specified class or in any other way.\n\n  (3) The declaration has effect accordingly.\n  (4) The Minister, on behalf of the Commonwealth, may sell any asset that vests in the Commonwealth under this section.\n\n#### 16 Transfer of liabilities of statutory authorities\n\n  (1) This section provides for a liability of a statutory authority (the transferor) to become a liability of:\n    (a) the successor body (the transferee); or\n    (b) the Commonwealth (the transferee).\n  (2) The Minister may, in writing, make any or all of the following declarations in relation to the liability:\n    (a) a declaration that the liability vests in the transferee at the transfer time without any conveyance, transfer or assignment;\n    (b) a declaration that a specified instrument relating to the liability continues to have effect after the transfer time as if a reference in the instrument to the transferor were a reference to the transferee;\n    (c) a declaration that the transferee becomes the transferor’s successor in law in relation to the liability immediately after the transfer time.\n  (3) The declaration has effect accordingly.\n\n> Note: For the purposes of this section, a liability or instrument may be specified by name, by inclusion in a specified class or in any other way.\n\n  (4) The Consolidated Revenue Fund is appropriated for the purposes of payments by the Commonwealth for, or in connection with, the discharge of any liabilities that become liabilities of the Commonwealth under this section.\n\n#### 17 Adjustment payments by Commonwealth\n\n  (1) The Minister may authorise payments by the Commonwealth to the successor body.\n  (2) The Consolidated Revenue Fund is appropriated for payments under this section.\n  (3) The limit on the appropriation is the sum of the following amounts:\n    (a) the amount of any money that becomes an asset of the Commonwealth under section 15;\n    (b) the proceeds of sale of any other asset that becomes an asset of the Commonwealth under section 15;\n    (c) interest, dividends or other amounts derived from money covered by paragraph (a) or (b) or from assets that become assets of the Commonwealth under section 15;\n  reduced by the sum of payments referred to in subsection 45(1).\n\n#### 18 Registration of land transfers\n\n  (1) This section applies if:\n    (a) any right, title or interest in particular land vests in the successor body or the Commonwealth under this Division; and\n    (b) there is lodged with a land registration official a certificate that:\n    (i) is signed by the Minister; and\n    (ii) identifies the land, whether by reference to a map or otherwise; and\n    (iii) states that the right, title or interest has become vested in the successor body or the Commonwealth under this Division.\n  (2) The land registration official may:\n    (a) register the matter in a way that is the same as, or similar to, the way in which dealings in land of that kind are registered; and\n    (b) deal with, and give effect to, the certificate.\n  (3) The Lands Acquisition Act 1989 does not apply in relation to anything done under this section.\n  (4) In this section:\n\n> land registration official, in relation to land, means the Registrar of Titles or other proper officer of the State or Territory in which the land is situated.\n\n#### 19 Certificates in relation to assets other than land\n\n  (1) This section applies if:\n    (a) an asset other than land vests in the successor body or the Commonwealth under this Division; and\n    (b) there is lodged with an assets official a certificate that:\n    (i) is signed by the Minister; and\n    (ii) identifies the asset; and\n    (iii) states that the asset has become vested in the successor body or the Commonwealth under this Division.\n  (2) The assets official may:\n    (a) deal with, and give effect to, the certificate as if it were a proper and appropriate instrument for transactions in relation to assets of that kind; and\n    (b) make such entries in the register as are necessary having regard to the effect of this Division.\n  (3) In this section:\n\n> assets official means the person or authority who, under a law of the Commonwealth, a State or a Territory, under a trust instrument or otherwise, has responsibility for keeping a register in relation to assets of the kind concerned.\n\n#### 20 Exemption from stamp duty etc.\n\n  (1) No stamp duty or other tax is payable under a law of a State or Territory in respect of an exempt matter, or anything connected with an exempt matter.\n  (2) The Minister may certify in writing:\n    (a) that a specified matter is an exempt matter; or\n    (b) that a specified thing was done in connection with a specified exempt matter.\n  (3) In all courts, and for all purposes, a certificate under subsection (2) is evidence of the matter stated in the certificate.\n  (4) In this section:\n\n> exempt matter means any of the following:\n\n    (a) the transfer or sale of an asset under section 15;\n    (b) the transfer of a liability under section 16;\n    (c) the discharge of a liability referred to in subsection 16(4);\n    (d) the operation of this Division in any other respect.\n\n#### 21 Operation of GST Law\n\n  (1) For the purposes of the GST Law, the transfer of assets to the successor body under section 15 of this Act is taken to be consideration provided by the Commonwealth to the successor body for entering into obligations under the funding contract that was entered into by the successor body under former section 9 of this Act.\n  (2) An expression that is used in this section and defined in the A New Tax System (Goods and Services Tax) Act 1999 has the same meaning in this section as it has in that Act.\n\n### Division 5—Transferring employees of statutory authorities\n\n#### Subdivision A—Leave entitlements and continuity of service\n\n#### 22 Leave entitlements and continuity of service\n\n  (1) This section has effect for the purposes of applying a law or an award to the employment by the successor body of a transferring employee.\n  (2) The service of the transferring employee as an employee of the successor body is taken, for all purposes, to be continuous with his or her service as an employee of a statutory authority.\n  (3) At the transfer time, the transferring employee is taken to have accrued an entitlement to Long Service Leave Act benefits, recreation leave benefits and sickness leave benefits, in connection with his or her employment by the successor body, that is equivalent to the entitlement that the employee had as an employee of the statutory authority immediately before the transfer time.\n  (4) At the transfer time, the transferring employee is taken to have an entitlement to recognition by the successor body of years of service, in connection with his or her employment by the successor body, that is equivalent to the entitlement that the employee had as an employee of the statutory authority immediately before the transfer time.\n\n#### Subdivision B—Safety, Rehabilitation and Compensation Act\n\n#### 23 Expressions defined in SRC Act\n\n  Expressions that are defined in the SRC Act and used in this Subdivision have the same meanings as in that Act.\n\n#### 24 Continued application of SRC Act\n\n  The SRC Act continues to apply after the transfer time 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#### 25 Commonwealth liability to meet certain SRC Act liabilities\n\n  After the transfer time, the Commonwealth:\n    (a) is liable to pay the liabilities of the Australian Pork Corporation under section 128A of the SRC Act; and\n    (b) subject to section 26 of this Act, is taken to have been the employer of the employees of the Australian Pork Corporation before the transfer time for the purposes of the application of the SRC Act in relation to those liabilities.\n\n#### 26 Rehabilitation provisions\n\n  (1) If a transferring employee had, before the transfer time, suffered an injury resulting in an incapacity for work or an impairment, the industry services body must, after that time, provide such reasonable co‑operation and assistance as the Commonwealth requires to enable the Commonwealth to fulfil its obligations under sections 36, 37, 38, 39, 41 and 41A of the SRC Act in relation to the transferring employee.\n  (2) After the transfer time, the industry services body is, for the purposes of section 40 of the SRC Act, taken to be the relevant employer of each transferring employee.\n  (3) After the transfer time, the industry services body is, for the purposes of applying section 71 of the SRC Act in relation to each transferring employee, taken to be a Commonwealth authority.\n\n#### 27 Premiums under the SRC Act\n\n  (1) The Safety, Rehabilitation and Compensation Commission must, as soon as practicable after the transfer time, determine the amount (if any) by which the confirmed estimate of premium for each statutory authority for the transitional 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 transitional 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 Minister 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 Minister 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 Minister gives a direction, the amount or amounts to which it relates are payable to the industry services body out of the Consolidated Revenue Fund, which is appropriated accordingly.\n  (5) The payment of an amount under subsection (4) must be made in accordance with the direction, and is subject to the conditions (if any) set out in the direction.\n  (6) A copy of each direction must be published in the Gazette within 14 days after the direction is given.\n  (7) Failure to comply with subsection (6) does not affect the validity of a direction.\n  (8) In this section:\n\n> refund amount means the amount equal to the difference between:\n\n    (a) the amount of the confirmed estimate of premium for a statutory authority for the transitional financial year; and\n    (b) the amount of that confirmed estimate as reduced because of a determination under subsection (1).\n\n> transitional financial year means the financial year in which the transfer time occurs.\n\n#### Subdivision C—Deferred DFRDB Act benefits\n\n#### 28 Saving of deferred benefits\n\n  (1) This section applies to a transferring employee if, immediately before the transfer time, 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 after the transfer time 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\n\n#### 29 Maternity leave starting before transfer time\n\n  (1) This section applies in relation to a transferring employee if:\n    (a) immediately before the transfer time, the employee was a female employee of a statutory authority who was on leave granted under the Maternity Leave Act; and\n    (b) the employee would have been entitled to have remained on that leave after the transfer time if the employee had continued to be an employee of the statutory authority.\n  (2) After the transfer time, the Maternity Leave Act continues to apply to the employee in relation to the confinement in respect of which the leave was granted as if the industry services body were a prescribed authority for the purposes of that Act.\n\n#### 30 Maternity leave starting after transfer time\n\n  (1) This section applies in relation to a transferring employee if:\n    (a) immediately before the transfer time, the employee was a female employee of a statutory authority; and\n    (b) within 9 months after the transfer time, the employee would have been entitled to start leave granted under the Maternity Leave Act if the employee had continued to be an employee of the statutory authority.\n  (2) After the transfer time, the Maternity Leave Act continues to apply to the employee in relation to the confinement in respect of which she would have been entitled to leave as if the industry services body were a prescribed authority for the purposes of that Act.\n\n#### Subdivision E—Long service leave\n\n#### 31 Expressions defined in Long Service Leave Act\n\n  Expressions that are defined in the Long Service Leave Act and used in this Subdivision have the same meanings as in that Act.\n\n#### 32 Long service leave for employees with less than 10 years service\n\n  (1) This section applies in relation to a transferring employee whose period of service for the purposes of the Long Service Leave Act immediately before the transfer time was less than 10 years.\n  (2) This section does not apply in relation to an employee who dies.\n  (3) If the employee continues to be employed by 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 35(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 35(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 32 of the Pig Industry Act 2001”.\n\n#### 33 Payments in lieu of long service leave for employees with less than 10 years service\n\n  (1) This section applies to a transferring employee whose period of service for the purposes of the Long Service Leave Act immediately before the transfer time was less than 10 years.\n  (2) This section does not apply in relation to an employee who dies.\n  (3) If the employee stops being an employee of 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 35(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 35(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 35(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 33 of the Pig Industry Act 2001”.\n\n#### 34 Payments on the death of an employee\n\n  (1) This section applies to a transferring employee whose period of service for the purposes of the Long Service Leave Act immediately before the transfer time was less than 10 years.\n  (2) If the employee dies after the transfer time and, immediately before his or her death:\n    (a) the employee was an employee of the industry services body; and\n    (b) the employee’s combined service period was at least one year; and\n    (c) the employee had one or more dependants;\n  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 employee under section 33 if, on the day of his or her death, the employee 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 34 of the Pig Industry Act 2001”; and\n    (d) for the expression “subsection 16(7) or 17(5)” there were substituted the expression “section 34 of the Pig Industry Act 2001”.\n\n#### 35 Employee’s long service leave credit for the purposes of sections 32 and 33\n\n  (1) For the purposes of section 32, an employee’s long service leave credit is equal to the long service leave credit that the employee would have had under the Long Service Leave Act for the period:\n    (a) beginning when the employee began his or her period of service; and\n    (b) ending at the transfer time;\n  if the employee had been retrenched at the transfer time.\n  (2) For the purposes of section 33, an employee’s long service leave credit is the employee’s long service leave credit worked out under subsection (1) reduced by any long service leave credit used under section 32.\n\n#### 36 Employees with at least 10 years service\n\n  (1) This section applies to a transferring employee whose period of service for the purposes of the Long Service Leave Act immediately before the transfer time was at least 10 years.\n  (2) Even though the employee ceases to be employed in Government Service for the purposes of the Long Service Leave Act, the employee’s accrued rights under that Act continue. However, the employee is not entitled to receive any payment because he or she ceases to be in Government Service.\n  (3) The Long Service Leave Act has effect after the transfer time, in relation to the employee’s rights under that Act that accrued before the transfer time, as if the industry services body were an approving authority for the purposes of that Act.\n\n#### 37 Division not to affect post‑commencement long service leave rights\n\n  (1) This Division does not affect an employee’s post‑commencement long service leave rights.\n  (2) In this section:\n\n> law means:\n\n    (a) a law of the Commonwealth or of a State or Territory; or\n    (b) regulations or any other instrument (other than an award, determination or industrial agreement) made under such a law.\n\n> post‑commencement long service leave rights means any long service leave rights the employee acquires after the transfer time under an award, determination, industrial agreement or law (other than this Act).\n\n#### Subdivision F—Miscellaneous\n\n#### 38 Cessation of mobility rights\n\n  If a transferring employee had rights under section 6 or 7 of the Public Employment (Consequential and Transitional) Amendment Act 1999 immediately before the transfer time, the employee ceases to have those rights, and ceases to be an APS employee, at the transfer time.\n\n#### 39 Transferring employees who accept employment with equivalent terms and conditions\n\n  (1) A transferring employee who is employed by the successor body on equivalent terms and conditions is not entitled to receive any payment or other benefit merely because his or her employment by a statutory authority was terminated by the operation of this Act.\n  (2) For the purposes of this section, the question whether the terms and conditions of employment of a person are, when taken as a whole, at least equivalent to other terms and conditions of employment, taken as a whole, that applied to the person at a particular time is to be determined in writing by the Minister.\n  (3) Applications may be made to the Administrative Review Tribunal for review of a decision of the Minister under subsection (2).\n  (4) In this section:\n\n> equivalent terms and conditions means terms and conditions that, taken as a whole, are at least equivalent to the terms and conditions of employment, taken as a whole, that applied to the transferring employee at the time when he or she agreed to be employed by the successor body.\n\n### Division 6—Miscellaneous\n\n#### 40 Operation of Archives Act\n\n  (1) This Part does not authorise a Commonwealth record (within the meaning of the Archives Act 1983) to be transferred or otherwise dealt with except in accordance with the provisions of that Act.\n  (2) A Commonwealth record (within the meaning of the Archives Act 1983) must not be transferred to a person under this Part unless the National Archives of Australia has given permission under paragraph 24(2)(b) of that Act.\n\n#### 41 Certificates, declarations etc. taken to be authentic etc.\n\n  A document that appears to be a certificate, declaration or other document made or issued under this Part:\n    (a) is taken to be such a certificate, declaration or other document; and\n    (b) is taken to have been properly given;\n  unless the contrary is established.\n\n#### 42 Publication of declarations\n\n  (1) A copy of each declaration made by the Minister under this Part must be published in the Gazette not later than the 14th day after the day on which the declaration is made.\n  (2) Failure to comply with this section does not affect the validity of a declaration.\n\n## Part 4—Miscellaneous\n\n#### 43 Delegation\n\n  (1) The Minister may delegate all or any of his or her powers and functions under this Act to:\n    (a) the Secretary of the Department; or\n    (b) an SES employee, or acting SES employee, in the Department.\n  (2) In exercising powers or functions under a delegation, the delegate must comply with any directions of the Minister.\n\n#### 44 Compensation for acquisition of property\n\n  (1) If:\n    (a) apart from this section, the operation of this Act would result in the acquisition of property from a person otherwise than on just terms; and\n    (b) the acquisition would be invalid because of paragraph 51(xxxi) of the Constitution;\n  the Commonwealth is liable to pay the person a reasonable amount of compensation in respect of the acquisition.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n  (3) In this section:\n\n> acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\n> just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\n#### 45 Commonwealth expenses in connection with abolition of statutory bodies etc.\n\n  (1) The Consolidated Revenue Fund is appropriated for the purpose of the following payments by the Commonwealth:\n    (a) payments for the purpose of meeting expenses or liabilities that the Commonwealth incurs in participating in processes of the kind mentioned in subsection 8(1);\n    (b) payments to another person or body in order to reimburse that person or body for expenses that the person or body incurs in participating in those processes.\n  (2) The limit on the appropriation is the sum of the amounts referred to in paragraphs 17(3)(a), (b) and (c), reduced by the sum of payments made under subsection 17(1).\n\n#### 46 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 for matters of a transitional or saving nature arising from the amendments or repeals made by this Act.","sortOrder":43},{"sectionNumber":"38","sectionType":"section","heading":"Cessation of mobility rights","content":"#### 38 Cessation of mobility rights\n\n  If a transferring employee had rights under section 6 or 7 of the Public Employment (Consequential and Transitional) Amendment Act 1999 immediately before the transfer time, the employee ceases to have those rights, and ceases to be an APS employee, at the transfer time.","sortOrder":44},{"sectionNumber":"39","sectionType":"section","heading":"Transferring employees who accept employment with equivalent terms and conditions","content":"#### 39 Transferring employees who accept employment with equivalent terms and conditions\n\n  (1) A transferring employee who is employed by the successor body on equivalent terms and conditions is not entitled to receive any payment or other benefit merely because his or her employment by a statutory authority was terminated by the operation of this Act.\n  (2) For the purposes of this section, the question whether the terms and conditions of employment of a person are, when taken as a whole, at least equivalent to other terms and conditions of employment, taken as a whole, that applied to the person at a particular time is to be determined in writing by the Minister.\n  (3) Applications may be made to the Administrative Review Tribunal for review of a decision of the Minister under subsection (2).\n  (4) In this section:\n\n> equivalent terms and conditions means terms and conditions that, taken as a whole, are at least equivalent to the terms and conditions of employment, taken as a whole, that applied to the transferring employee at the time when he or she agreed to be employed by the successor body.","sortOrder":45},{"sectionNumber":"Division 6","sectionType":"division","heading":"Miscellaneous","content":"An Act relating to the pig industry\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Pig Industry Act 2001.\n\n#### 2 Commencement\n\n  This Act commences on the day on which it receives the Royal Assent.\n\n#### 4 Crown to be bound\n\n  This Act binds the Crown in all its capacities.\n\n#### 5 External Territories\n\n  This Act extends to all the external Territories.\n\n#### 6 Extraterritorial operation\n\n  This Act extends to acts, omissions, matters and things outside Australia, whether or not in a foreign country.\n\n## Part 2—Interpretation\n\n#### 7 Definitions\n\n  In this Act, unless the contrary intention appears:\n\n> asset means:\n\n    (a) any legal or equitable estate or interest in real or personal property, whether actual, contingent or prospective; and\n    (b) any right, power, privilege or immunity, whether actual, contingent or prospective.\n\n> combined service period, in relation to an employee, means the total of:\n\n    (a) the period that is, immediately before the transfer time, the employee’s period of service for the purposes of the Long Service Leave Act; and\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> employee:\n\n    (a) in relation to the Australian Pork Corporation, means a person who was an officer or employee immediately before the transfer time; and\n    (b) in relation to the Pig Research and Development Corporation, means a person who was an officer or employee (including the Executive Director) immediately before the transfer time.\n\n> industry services body means the body that was the industry services body under this Act on 31 December 2024.\n\n> instrument means:\n\n    (a) an Act or any instrument under an Act; or\n    (b) any other document.\n\n> liability means any liability, duty or obligation, whether actual, contingent or prospective.\n\n> Long Service Leave Act means the Long Service Leave (Commonwealth Employees) Act 1976, as in force immediately before the transfer time.\n\n> Maternity Leave Act means the Maternity Leave (Commonwealth Employees) Act 1973, as in force immediately before the transfer time.\n\n> SRC Act means the Safety, Rehabilitation and Compensation Act 1988, as in force immediately before the transfer time.\n\n> statutory authority means:\n\n    (a) the Australian Pork Corporation; or\n    (b) the Pig Research and Development Corporation.\n\n> successor body has the meaning given by section 14.\n\n> transferring employee means a person who:\n\n    (a) was an employee of a statutory authority immediately before the transfer time; and\n    (b) becomes an employee of the successor body at the transfer time.\n\n> transfer time means the time declared as the transfer time under section 13.\n\n## Part 3—Provision of pig industry services\n\n### Division 1—Transitional functions of statutory authorities\n\n#### 8 Functions of statutory authorities\n\n  (1) It is a function of each statutory authority to plan, facilitate and participate in:\n    (a) its abolition under this Act; and\n    (b) the implementation of this Act.\n  (2) Each statutory authority also has the function of providing funds to another entity in order to:\n    (a) meet expenses or liabilities that the entity incurs in participating in processes of the kind mentioned in subsection (1); or\n    (b) reimburse the entity for such expenses.\n  (3) The Minister may give a written direction to a statutory authority about the performance of its functions under this section. The statutory authority must comply with the direction.\n  (4) The Minister must cause a copy of a direction to be laid before each House of the Parliament within 15 sitting days of that House after the direction is given.\n  (5) In this section:\n\n> entity means any person or body (including the Commonwealth).\n\n### Division 4—Transfer of assets etc. of statutory authorities\n\n#### 13 Transfer time\n\n  The Minister must, in writing, declare the beginning of a specified day to be the transfer time for the purposes of this Act.\n\n#### 14 Successor body\n\n  The first body that is declared as the industry services body automatically becomes the successor body.\n\n#### 15 Transfer of assets of statutory authorities\n\n  (1) This section provides for an asset of a statutory authority (the transferor) to become an asset of:\n    (a) the successor body (the transferee); or\n    (b) the Commonwealth (the transferee).\n  (2) The Minister may, in writing, make any or all of the following declarations in relation to the asset:\n    (a) a declaration that the asset vests in the transferee at the transfer time without any conveyance, transfer or assignment;\n    (b) a declaration that a specified instrument relating to the asset continues to have effect after the transfer time as if a reference in the instrument to the transferor were a reference to the transferee;\n    (c) a declaration that the transferee becomes the transferor’s successor in law in relation to the asset immediately after the transfer time.\n\n> Note: An asset or instrument may be specified by name, by inclusion in a specified class or in any other way.\n\n  (3) The declaration has effect accordingly.\n  (4) The Minister, on behalf of the Commonwealth, may sell any asset that vests in the Commonwealth under this section.\n\n#### 16 Transfer of liabilities of statutory authorities\n\n  (1) This section provides for a liability of a statutory authority (the transferor) to become a liability of:\n    (a) the successor body (the transferee); or\n    (b) the Commonwealth (the transferee).\n  (2) The Minister may, in writing, make any or all of the following declarations in relation to the liability:\n    (a) a declaration that the liability vests in the transferee at the transfer time without any conveyance, transfer or assignment;\n    (b) a declaration that a specified instrument relating to the liability continues to have effect after the transfer time as if a reference in the instrument to the transferor were a reference to the transferee;\n    (c) a declaration that the transferee becomes the transferor’s successor in law in relation to the liability immediately after the transfer time.\n  (3) The declaration has effect accordingly.\n\n> Note: For the purposes of this section, a liability or instrument may be specified by name, by inclusion in a specified class or in any other way.\n\n  (4) The Consolidated Revenue Fund is appropriated for the purposes of payments by the Commonwealth for, or in connection with, the discharge of any liabilities that become liabilities of the Commonwealth under this section.\n\n#### 17 Adjustment payments by Commonwealth\n\n  (1) The Minister may authorise payments by the Commonwealth to the successor body.\n  (2) The Consolidated Revenue Fund is appropriated for payments under this section.\n  (3) The limit on the appropriation is the sum of the following amounts:\n    (a) the amount of any money that becomes an asset of the Commonwealth under section 15;\n    (b) the proceeds of sale of any other asset that becomes an asset of the Commonwealth under section 15;\n    (c) interest, dividends or other amounts derived from money covered by paragraph (a) or (b) or from assets that become assets of the Commonwealth under section 15;\n  reduced by the sum of payments referred to in subsection 45(1).\n\n#### 18 Registration of land transfers\n\n  (1) This section applies if:\n    (a) any right, title or interest in particular land vests in the successor body or the Commonwealth under this Division; and\n    (b) there is lodged with a land registration official a certificate that:\n    (i) is signed by the Minister; and\n    (ii) identifies the land, whether by reference to a map or otherwise; and\n    (iii) states that the right, title or interest has become vested in the successor body or the Commonwealth under this Division.\n  (2) The land registration official may:\n    (a) register the matter in a way that is the same as, or similar to, the way in which dealings in land of that kind are registered; and\n    (b) deal with, and give effect to, the certificate.\n  (3) The Lands Acquisition Act 1989 does not apply in relation to anything done under this section.\n  (4) In this section:\n\n> land registration official, in relation to land, means the Registrar of Titles or other proper officer of the State or Territory in which the land is situated.\n\n#### 19 Certificates in relation to assets other than land\n\n  (1) This section applies if:\n    (a) an asset other than land vests in the successor body or the Commonwealth under this Division; and\n    (b) there is lodged with an assets official a certificate that:\n    (i) is signed by the Minister; and\n    (ii) identifies the asset; and\n    (iii) states that the asset has become vested in the successor body or the Commonwealth under this Division.\n  (2) The assets official may:\n    (a) deal with, and give effect to, the certificate as if it were a proper and appropriate instrument for transactions in relation to assets of that kind; and\n    (b) make such entries in the register as are necessary having regard to the effect of this Division.\n  (3) In this section:\n\n> assets official means the person or authority who, under a law of the Commonwealth, a State or a Territory, under a trust instrument or otherwise, has responsibility for keeping a register in relation to assets of the kind concerned.\n\n#### 20 Exemption from stamp duty etc.\n\n  (1) No stamp duty or other tax is payable under a law of a State or Territory in respect of an exempt matter, or anything connected with an exempt matter.\n  (2) The Minister may certify in writing:\n    (a) that a specified matter is an exempt matter; or\n    (b) that a specified thing was done in connection with a specified exempt matter.\n  (3) In all courts, and for all purposes, a certificate under subsection (2) is evidence of the matter stated in the certificate.\n  (4) In this section:\n\n> exempt matter means any of the following:\n\n    (a) the transfer or sale of an asset under section 15;\n    (b) the transfer of a liability under section 16;\n    (c) the discharge of a liability referred to in subsection 16(4);\n    (d) the operation of this Division in any other respect.\n\n#### 21 Operation of GST Law\n\n  (1) For the purposes of the GST Law, the transfer of assets to the successor body under section 15 of this Act is taken to be consideration provided by the Commonwealth to the successor body for entering into obligations under the funding contract that was entered into by the successor body under former section 9 of this Act.\n  (2) An expression that is used in this section and defined in the A New Tax System (Goods and Services Tax) Act 1999 has the same meaning in this section as it has in that Act.\n\n### Division 5—Transferring employees of statutory authorities\n\n#### Subdivision A—Leave entitlements and continuity of service\n\n#### 22 Leave entitlements and continuity of service\n\n  (1) This section has effect for the purposes of applying a law or an award to the employment by the successor body of a transferring employee.\n  (2) The service of the transferring employee as an employee of the successor body is taken, for all purposes, to be continuous with his or her service as an employee of a statutory authority.\n  (3) At the transfer time, the transferring employee is taken to have accrued an entitlement to Long Service Leave Act benefits, recreation leave benefits and sickness leave benefits, in connection with his or her employment by the successor body, that is equivalent to the entitlement that the employee had as an employee of the statutory authority immediately before the transfer time.\n  (4) At the transfer time, the transferring employee is taken to have an entitlement to recognition by the successor body of years of service, in connection with his or her employment by the successor body, that is equivalent to the entitlement that the employee had as an employee of the statutory authority immediately before the transfer time.\n\n#### Subdivision B—Safety, Rehabilitation and Compensation Act\n\n#### 23 Expressions defined in SRC Act\n\n  Expressions that are defined in the SRC Act and used in this Subdivision have the same meanings as in that Act.\n\n#### 24 Continued application of SRC Act\n\n  The SRC Act continues to apply after the transfer time 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#### 25 Commonwealth liability to meet certain SRC Act liabilities\n\n  After the transfer time, the Commonwealth:\n    (a) is liable to pay the liabilities of the Australian Pork Corporation under section 128A of the SRC Act; and\n    (b) subject to section 26 of this Act, is taken to have been the employer of the employees of the Australian Pork Corporation before the transfer time for the purposes of the application of the SRC Act in relation to those liabilities.\n\n#### 26 Rehabilitation provisions\n\n  (1) If a transferring employee had, before the transfer time, suffered an injury resulting in an incapacity for work or an impairment, the industry services body must, after that time, provide such reasonable co‑operation and assistance as the Commonwealth requires to enable the Commonwealth to fulfil its obligations under sections 36, 37, 38, 39, 41 and 41A of the SRC Act in relation to the transferring employee.\n  (2) After the transfer time, the industry services body is, for the purposes of section 40 of the SRC Act, taken to be the relevant employer of each transferring employee.\n  (3) After the transfer time, the industry services body is, for the purposes of applying section 71 of the SRC Act in relation to each transferring employee, taken to be a Commonwealth authority.\n\n#### 27 Premiums under the SRC Act\n\n  (1) The Safety, Rehabilitation and Compensation Commission must, as soon as practicable after the transfer time, determine the amount (if any) by which the confirmed estimate of premium for each statutory authority for the transitional 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 transitional 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 Minister 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 Minister 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 Minister gives a direction, the amount or amounts to which it relates are payable to the industry services body out of the Consolidated Revenue Fund, which is appropriated accordingly.\n  (5) The payment of an amount under subsection (4) must be made in accordance with the direction, and is subject to the conditions (if any) set out in the direction.\n  (6) A copy of each direction must be published in the Gazette within 14 days after the direction is given.\n  (7) Failure to comply with subsection (6) does not affect the validity of a direction.\n  (8) In this section:\n\n> refund amount means the amount equal to the difference between:\n\n    (a) the amount of the confirmed estimate of premium for a statutory authority for the transitional financial year; and\n    (b) the amount of that confirmed estimate as reduced because of a determination under subsection (1).\n\n> transitional financial year means the financial year in which the transfer time occurs.\n\n#### Subdivision C—Deferred DFRDB Act benefits\n\n#### 28 Saving of deferred benefits\n\n  (1) This section applies to a transferring employee if, immediately before the transfer time, 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 after the transfer time 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\n\n#### 29 Maternity leave starting before transfer time\n\n  (1) This section applies in relation to a transferring employee if:\n    (a) immediately before the transfer time, the employee was a female employee of a statutory authority who was on leave granted under the Maternity Leave Act; and\n    (b) the employee would have been entitled to have remained on that leave after the transfer time if the employee had continued to be an employee of the statutory authority.\n  (2) After the transfer time, the Maternity Leave Act continues to apply to the employee in relation to the confinement in respect of which the leave was granted as if the industry services body were a prescribed authority for the purposes of that Act.\n\n#### 30 Maternity leave starting after transfer time\n\n  (1) This section applies in relation to a transferring employee if:\n    (a) immediately before the transfer time, the employee was a female employee of a statutory authority; and\n    (b) within 9 months after the transfer time, the employee would have been entitled to start leave granted under the Maternity Leave Act if the employee had continued to be an employee of the statutory authority.\n  (2) After the transfer time, the Maternity Leave Act continues to apply to the employee in relation to the confinement in respect of which she would have been entitled to leave as if the industry services body were a prescribed authority for the purposes of that Act.\n\n#### Subdivision E—Long service leave\n\n#### 31 Expressions defined in Long Service Leave Act\n\n  Expressions that are defined in the Long Service Leave Act and used in this Subdivision have the same meanings as in that Act.\n\n#### 32 Long service leave for employees with less than 10 years service\n\n  (1) This section applies in relation to a transferring employee whose period of service for the purposes of the Long Service Leave Act immediately before the transfer time was less than 10 years.\n  (2) This section does not apply in relation to an employee who dies.\n  (3) If the employee continues to be employed by 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 35(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 35(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 32 of the Pig Industry Act 2001”.\n\n#### 33 Payments in lieu of long service leave for employees with less than 10 years service\n\n  (1) This section applies to a transferring employee whose period of service for the purposes of the Long Service Leave Act immediately before the transfer time was less than 10 years.\n  (2) This section does not apply in relation to an employee who dies.\n  (3) If the employee stops being an employee of 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 35(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 35(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 35(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 33 of the Pig Industry Act 2001”.\n\n#### 34 Payments on the death of an employee\n\n  (1) This section applies to a transferring employee whose period of service for the purposes of the Long Service Leave Act immediately before the transfer time was less than 10 years.\n  (2) If the employee dies after the transfer time and, immediately before his or her death:\n    (a) the employee was an employee of the industry services body; and\n    (b) the employee’s combined service period was at least one year; and\n    (c) the employee had one or more dependants;\n  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 employee under section 33 if, on the day of his or her death, the employee 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 34 of the Pig Industry Act 2001”; and\n    (d) for the expression “subsection 16(7) or 17(5)” there were substituted the expression “section 34 of the Pig Industry Act 2001”.\n\n#### 35 Employee’s long service leave credit for the purposes of sections 32 and 33\n\n  (1) For the purposes of section 32, an employee’s long service leave credit is equal to the long service leave credit that the employee would have had under the Long Service Leave Act for the period:\n    (a) beginning when the employee began his or her period of service; and\n    (b) ending at the transfer time;\n  if the employee had been retrenched at the transfer time.\n  (2) For the purposes of section 33, an employee’s long service leave credit is the employee’s long service leave credit worked out under subsection (1) reduced by any long service leave credit used under section 32.\n\n#### 36 Employees with at least 10 years service\n\n  (1) This section applies to a transferring employee whose period of service for the purposes of the Long Service Leave Act immediately before the transfer time was at least 10 years.\n  (2) Even though the employee ceases to be employed in Government Service for the purposes of the Long Service Leave Act, the employee’s accrued rights under that Act continue. However, the employee is not entitled to receive any payment because he or she ceases to be in Government Service.\n  (3) The Long Service Leave Act has effect after the transfer time, in relation to the employee’s rights under that Act that accrued before the transfer time, as if the industry services body were an approving authority for the purposes of that Act.\n\n#### 37 Division not to affect post‑commencement long service leave rights\n\n  (1) This Division does not affect an employee’s post‑commencement long service leave rights.\n  (2) In this section:\n\n> law means:\n\n    (a) a law of the Commonwealth or of a State or Territory; or\n    (b) regulations or any other instrument (other than an award, determination or industrial agreement) made under such a law.\n\n> post‑commencement long service leave rights means any long service leave rights the employee acquires after the transfer time under an award, determination, industrial agreement or law (other than this Act).\n\n#### Subdivision F—Miscellaneous\n\n#### 38 Cessation of mobility rights\n\n  If a transferring employee had rights under section 6 or 7 of the Public Employment (Consequential and Transitional) Amendment Act 1999 immediately before the transfer time, the employee ceases to have those rights, and ceases to be an APS employee, at the transfer time.\n\n#### 39 Transferring employees who accept employment with equivalent terms and conditions\n\n  (1) A transferring employee who is employed by the successor body on equivalent terms and conditions is not entitled to receive any payment or other benefit merely because his or her employment by a statutory authority was terminated by the operation of this Act.\n  (2) For the purposes of this section, the question whether the terms and conditions of employment of a person are, when taken as a whole, at least equivalent to other terms and conditions of employment, taken as a whole, that applied to the person at a particular time is to be determined in writing by the Minister.\n  (3) Applications may be made to the Administrative Review Tribunal for review of a decision of the Minister under subsection (2).\n  (4) In this section:\n\n> equivalent terms and conditions means terms and conditions that, taken as a whole, are at least equivalent to the terms and conditions of employment, taken as a whole, that applied to the transferring employee at the time when he or she agreed to be employed by the successor body.\n\n### Division 6—Miscellaneous\n\n#### 40 Operation of Archives Act\n\n  (1) This Part does not authorise a Commonwealth record (within the meaning of the Archives Act 1983) to be transferred or otherwise dealt with except in accordance with the provisions of that Act.\n  (2) A Commonwealth record (within the meaning of the Archives Act 1983) must not be transferred to a person under this Part unless the National Archives of Australia has given permission under paragraph 24(2)(b) of that Act.\n\n#### 41 Certificates, declarations etc. taken to be authentic etc.\n\n  A document that appears to be a certificate, declaration or other document made or issued under this Part:\n    (a) is taken to be such a certificate, declaration or other document; and\n    (b) is taken to have been properly given;\n  unless the contrary is established.\n\n#### 42 Publication of declarations\n\n  (1) A copy of each declaration made by the Minister under this Part must be published in the Gazette not later than the 14th day after the day on which the declaration is made.\n  (2) Failure to comply with this section does not affect the validity of a declaration.\n\n## Part 4—Miscellaneous\n\n#### 43 Delegation\n\n  (1) The Minister may delegate all or any of his or her powers and functions under this Act to:\n    (a) the Secretary of the Department; or\n    (b) an SES employee, or acting SES employee, in the Department.\n  (2) In exercising powers or functions under a delegation, the delegate must comply with any directions of the Minister.\n\n#### 44 Compensation for acquisition of property\n\n  (1) If:\n    (a) apart from this section, the operation of this Act would result in the acquisition of property from a person otherwise than on just terms; and\n    (b) the acquisition would be invalid because of paragraph 51(xxxi) of the Constitution;\n  the Commonwealth is liable to pay the person a reasonable amount of compensation in respect of the acquisition.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n  (3) In this section:\n\n> acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\n> just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\n#### 45 Commonwealth expenses in connection with abolition of statutory bodies etc.\n\n  (1) The Consolidated Revenue Fund is appropriated for the purpose of the following payments by the Commonwealth:\n    (a) payments for the purpose of meeting expenses or liabilities that the Commonwealth incurs in participating in processes of the kind mentioned in subsection 8(1);\n    (b) payments to another person or body in order to reimburse that person or body for expenses that the person or body incurs in participating in those processes.\n  (2) The limit on the appropriation is the sum of the amounts referred to in paragraphs 17(3)(a), (b) and (c), reduced by the sum of payments made under subsection 17(1).\n\n#### 46 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 for matters of a transitional or saving nature arising from the amendments or repeals made by this Act.","sortOrder":46},{"sectionNumber":"40","sectionType":"section","heading":"Operation of Archives Act","content":"#### 40 Operation of Archives Act\n\n  (1) This Part does not authorise a Commonwealth record (within the meaning of the Archives Act 1983) to be transferred or otherwise dealt with except in accordance with the provisions of that Act.\n  (2) A Commonwealth record (within the meaning of the Archives Act 1983) must not be transferred to a person under this Part unless the National Archives of Australia has given permission under paragraph 24(2)(b) of that Act.","sortOrder":47},{"sectionNumber":"41","sectionType":"section","heading":"Certificates, declarations etc. taken to be authentic etc.","content":"#### 41 Certificates, declarations etc. taken to be authentic etc.\n\n  A document that appears to be a certificate, declaration or other document made or issued under this Part:\n    (a) is taken to be such a certificate, declaration or other document; and\n    (b) is taken to have been properly given;\n  unless the contrary is established.","sortOrder":48},{"sectionNumber":"42","sectionType":"section","heading":"Publication of declarations","content":"#### 42 Publication of declarations\n\n  (1) A copy of each declaration made by the Minister under this Part must be published in the Gazette not later than the 14th day after the day on which the declaration is made.\n  (2) Failure to comply with this section does not affect the validity of a declaration.","sortOrder":49},{"sectionNumber":"Part 4","sectionType":"part","heading":"Miscellaneous","content":"## Part 4—Miscellaneous","sortOrder":50},{"sectionNumber":"43","sectionType":"section","heading":"Delegation","content":"#### 43 Delegation\n\n  (1) The Minister may delegate all or any of his or her powers and functions under this Act to:\n    (a) the Secretary of the Department; or\n    (b) an SES employee, or acting SES employee, in the Department.\n  (2) In exercising powers or functions under a delegation, the delegate must comply with any directions of the Minister.","sortOrder":51},{"sectionNumber":"44","sectionType":"section","heading":"Compensation for acquisition of property","content":"#### 44 Compensation for acquisition of property\n\n  (1) If:\n    (a) apart from this section, the operation of this Act would result in the acquisition of property from a person otherwise than on just terms; and\n    (b) the acquisition would be invalid because of paragraph 51(xxxi) of the Constitution;\n  the Commonwealth is liable to pay the person a reasonable amount of compensation in respect of the acquisition.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n  (3) In this section:\n\n> acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\n> just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.","sortOrder":52},{"sectionNumber":"45","sectionType":"section","heading":"Commonwealth expenses in connection with abolition of statutory bodies etc.","content":"#### 45 Commonwealth expenses in connection with abolition of statutory bodies etc.\n\n  (1) The Consolidated Revenue Fund is appropriated for the purpose of the following payments by the Commonwealth:\n    (a) payments for the purpose of meeting expenses or liabilities that the Commonwealth incurs in participating in processes of the kind mentioned in subsection 8(1);\n    (b) payments to another person or body in order to reimburse that person or body for expenses that the person or body incurs in participating in those processes.\n  (2) The limit on the appropriation is the sum of the amounts referred to in paragraphs 17(3)(a), (b) and (c), reduced by the sum of payments made under subsection 17(1).","sortOrder":53},{"sectionNumber":"46","sectionType":"section","heading":"Regulations","content":"#### 46 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 for matters of a transitional or saving nature arising from the amendments or repeals made by this Act.","sortOrder":54}],"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"},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act's title ('Pig Industry Act 2001') and long title ('An Act relating to the pig industry') suggest a broad regulatory purpose covering the pig industry generally. However, the actual operative content is entirely limited to the administrative wind-up of two government bodies and the protection of transitional employee entitlements. There is no ongoing regulation of pig farming, animal welfare, levies, or industry standards in the surviving text. The scope has either been drastically narrowed through amendment over time (with substantive provisions repealed), or the original Act was always primarily a transitional mechanism that retained its broad title despite its narrow function."},"complexity_factors":["Cross-references to at least six other pieces of legislation (SRC Act, Long Service Leave Act, Maternity Leave Act, DFRDB Act, Archives Act, GST Act), each of which must be read alongside this Act to understand the full effect","Multiple distinct employee sub-categories with different entitlement rules depending on years of service (under 10 years vs. 10+ years), triggering event (retirement, retrenchment, ill-health, death), and timing relative to the transfer","Concept of 'transfer time' creates a legal dividing line that affects how almost every provision in the Act operates, but the actual date is not fixed in the Act — it is declared separately by the Minister","Interplay between Commonwealth liability and industry services body liability for workers' compensation is technically complex, with the Commonwealth assuming historic liability but the new body acting as the rehabilitation employer","The Act is heavily duplicated in the document provided (sections repeat verbatim multiple times), making navigation and comprehension difficult","GST and stamp duty treatment of the asset transfer require understanding of tax law concepts outside this Act","The document structure is confusing — headings appear mid-text in a non-standard way, and Division 2 and Division 3 of Part 3 are missing from the published text, suggesting the Act has been significantly amended and portions removed over time"],"plain_english_summary":"This Act is a machinery-of-government law that abolishes the Australian Pork Corporation and the Pig Research and Development Corporation and transfers their functions, assets and staff to a new industry-run successor (essentially Australian Pork Limited). It is not day-to-day pork regulation.\n\nThe law protects former employees’ service, leave, compensation and certain pension and maternity rights through the transfer, makes the Commonwealth responsible for some legacy liabilities, and clarifies asset transfer mechanics (including tax exemptions, GST treatment and archival requirements)."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":false,"description":"This text operates as transitional and transfer machinery to abolish specified pig‑industry statutory authorities and move assets, liabilities and staff to a successor body or the Commonwealth. That is consistent with the Act’s apparent original purpose: to provide a single, legally certain mechanism for abolishing those authorities and managing employee entitlements and related registrations and taxes. The provisions do not appear to expand the subject matter beyond that transitional scope; they mainly supply detailed administrative powers, financial appropriations, employee continuities and tax/registration treatments necessary to effect the transfers (see Parts 3–4)."},"complexity_factors":["Extensive cross‑references to other statutes (Long Service Leave Act, Maternity Leave Act, SRC Act, DFRDB Act, GST Act, Archives Act, Lands Acquisition Act) creating multi‑statute interactions (multiple sections: e.g. ss21, 24, 28, 31).","Many defined terms in section 7 that are reused throughout (asset, liability, statutory authority, transferring employee, transfer time, industry services body, combined service period).","Multiple conditional and staged rules for employees (subdivisions A–F of Division 5) with different rules depending on prior service (<10 years, >=10 years), death, retrenchment, maternity timing, deferred DFRDB benefits (ss22, 32–37, 28–30).","Widely‑framed Ministerial discretion (declarations, directions, certification of exemptions, determination of equivalence) with some review avenues limited to tribunal (ss13–16, 8, 20, 39).","Appropriation and limit formulas that link financial limits to the value of assets that vest in the Commonwealth, reduced by other payments (s17 linked to s45), creating accounting complexity.","Administrative implementation steps across jurisdictions (land registries, asset registers, National Archives) with procedural exceptions (ss18–20, 40).","Nested practical exceptions and savings (e.g. preserves Archives Act, excludes Lands Acquisition Act application for registration, preserves SRC liabilities before transfer but transfers employer status) introducing conditional outcomes (ss18, 24–26, 40).","Publication and evidentiary presumptions (s41–42) that create legal effects unless overturned, increasing legal‑administrative complexity."],"plain_english_summary":"**What this law does (mechanically)\n\n- Creates a transfer/transition framework for two existing Commonwealth pig‑industry statutory authorities (the Australian Pork Corporation and the Pig Research and Development Corporation) so that their assets, liabilities, records and staff can be transferred to a new \"industry services body\" or to the Commonwealth at a single, Minister‑declared moment in time (the \"transfer time\") (see sections 8, 13–16, 42).  \n\n- Gives the Minister power to fix the transfer time in writing and to make written declarations that automatically vest specified assets or liabilities in the successor body or the Commonwealth without separate conveyance or assignment (sections 13–16). The Minister can also direct that specified instruments keep operating with substituted references (s15(2)(b), s16(2)(b)).  \n\n- Provides practical steps for giving effect to transfers: Minister‑signed certificates to state/territory land registries for land (s18), certificates to other asset registers (s19), and a statutory presumption that documents issued under the Part are authentic unless disproved (s41).  \n\n- Deals with the tax and revenue consequences of transfers: stamp duty and similar state/territory taxes are exempt for matters connected to the transfers if the Minister certifies them (s20); for GST purposes the transfer of assets is treated as consideration from the Commonwealth to the successor body linked to the funding contract (s21).  \n\n- Appropriates money and sets limits on Commonwealth payments related to the transfers and to the discharge of liabilities the Commonwealth accepts (ss16(4), 17, 45).  \n\n- Preserves and translates employee entitlements in the transition: service is taken to continue for leave entitlements (s22); coverage and liabilities under the Safety, Rehabilitation and Compensation Act are retained for injuries and property loss that happened before transfer (ss24–27); deferred DFRDB (military superannuation) entitlements and maternity leave rights are preserved in specified circumstances (ss28–30); and detailed rules for long service leave treatment are set out, with different rules depending on whether the transferring employee had less than or at least 10 years' service under the Long Service Leave Act (ss31–37).  \n\n- Requires statutory authorities to plan for their abolition and to participate in implementation; the Minister may give directions to those authorities about those functions and must lay such directions before Parliament (s8).  \n\n- Preserves archival controls (records still subject to the Archives Act) and allows the Minister to delegate powers (ss40, 43). It also preserves constitutional protections for compulsory acquisition (compensation on \"just terms\") where the operation of the Act would otherwise take property (s44). Regulations may be made to deal with transitional or saving matters (s46).  \n\n\nWho this affects and why it matters\n\n- Affected parties:  \n  - The two statutory authorities named: Australian Pork Corporation and Pig Research and Development Corporation (defined as \"statutory authority\") (s7).  \n  - The successor industry services body (the body declared to be the industry services body on the relevant date) which will receive assets, liabilities and staff (s14).  \n  - Transferring employees (people employed immediately before the transfer who become employees of the successor body at the transfer time) (s7, s22).  \n  - The Commonwealth (which may receive assets/liabilities and is required to meet certain liabilities and make authorised payments from the Consolidated Revenue Fund) (ss15–17, 16(4), 45).  \n  - State and territory land/asset registries and tax authorities (registration and tax exemptions; ss18–20).  \n\n- Why it matters:  \n  - It is the central legal mechanism for abolishing the two named statutory authorities and moving their resources, legal obligations and staff to a new provider or to the Commonwealth with continuity of legal title, staff entitlements and a clear tax/registration route. Without these statutory powers, transfers would require multiple individual conveyances, tax assessments and separate legal novations, which would be slower, riskier and more expensive.  \n\n\nStated purpose and practical trade‑offs\n\n- The Act is drafted to achieve a single, administrable transfer event (Minister‑declared transfer time) that minimises legal friction: vesting by declaration (ss13–16), certificates for registries (ss18–19), and statutory immunities/exemptions to remove stamp duty/GST obstacles (ss20–21). That stated aim reduces transaction costs and legal uncertainty around title, registration and employee status.  \n\n- Trade‑offs and risks to note:  \n  - Who pays: the Commonwealth carries financial responsibility for liabilities it accepts and will fund authorised payments from the Consolidated Revenue Fund (ss16(4), 17, 45). That centralisation can shift contingent or historic costs onto public finances (s16(4)).  \n  - Concentrated benefits / diffuse costs: the successor body (or the Commonwealth) receives assets (a concentrated gain) while the cost of liabilities may fall to the Commonwealth (a diffuse fiscal cost) (ss15–16).  \n  - Ministerial discretion: the Minister has broad written‑declaratory and directing powers (ss13–16, 8, 39(2)); decisions on equivalence of employment terms are made by the Minister in writing, subject to limited review (s39). This centralises implementation choices and increases administrative discretion and potential implementation risk.  \n  - Administrative burden and coordination risk: the transfers require interaction with state/territory registries, the National Archives (s40), tax authorities, and multiple Commonwealth agencies (e.g. Safety, Rehabilitation and Compensation Commission) — practical complexity and timing coordination are non‑trivial (ss18–19, 27, 40).  \n  - Tax and state revenue effects: the stamp duty exemption (s20) and the GST characterisation (s21) change the fiscal incidence of the transfers and reduce state/territory tax receipts for matters covered by the exemption.  \n  - Employee outcomes: the Act preserves accrued entitlements and continuity of service for most practical purposes (s22 and Divisions on long service/maternity/SRC/DFRDB), but it also removes certain APS mobility rights and converts APS employment to non‑APS employment for some individuals at transfer (ss38, 39). That alters employment status and may affect bargaining, portability and future pension/tax positions.  \n\n\nConcrete mechanics operators should track (examples)\n\n- Before transfer: statutory authorities must plan for abolition and can be directed to provide funds to others to participate in the process (s8).  \n- Decision moment: Minister declares the transfer time (s13) and makes written declarations identifying which assets/liabilities vest and to whom (ss15–16). Those declarations must be published (s42).  \n- After transfer: relevant registries accept Minister‑signed certificates as sufficient to record vesting (ss18–19). The Commonwealth pays liabilities it has accepted and may authorise adjustment payments to the successor body using specified appropriations and limits (ss16(4), 17).  \n\n(References are to the section numbers in the Act: e.g. Minister declaration and transfer mechanics (ss13–16), employee continuity and entitlements (ss22, 24–37), tax/registration treatment (ss18–21), Ministerial directions and publication (ss8, 42), appropriations and compensation (ss16(4), 17, 44–45))."},"issue_detection":{"absurdities":[{"type":"other","section":"7 (definition of 'industry services body')","severity":"medium","reasoning":"The 'transfer time' is declared by the Minister under s13 and could theoretically be set to any date. However, the 'industry services body' is defined by reference to a fixed date (31 December 2024), meaning if the transfer time is declared after that date, you must look back to identify the correct body from a historical snapshot. If the transfer time is declared before that date, the definition refers to a body that does not yet exist as of the transfer time, making it impossible to apply transitional provisions that depend on both concepts simultaneously.","confidence":0.82,"description":"The definition of 'industry services body' is fixed to '31 December 2024', which is a specific past date hardcoded into what is otherwise a transitional mechanism dependent on the undeclared 'transfer time'. This means the identity of the industry services body is permanently anchored to a specific calendar date rather than to the transfer time, creating a temporal anomaly where the body is identified by reference to a fixed date that may precede, coincide with, or follow the transfer time declared under section 13."},{"type":"circular_definition","section":"7 (definition of 'industry services body') and 14 (Successor body)","severity":"high","reasoning":"Section 7 defines 'industry services body' by self-reference ('the body that was the industry services body under this Act on 31 December 2024'). The Act does not contain a provision establishing what body qualifies as the industry services body in the first place. The definition bootstraps itself from an assumed prior state without providing the foundational rule. This creates an unresolvable circularity unless an external instrument (not present in the Act) designated the body.","confidence":0.85,"description":"Near-circular definitional dependency: the 'industry services body' is defined as the body that was the industry services body on 31 December 2024, which presupposes a pre-existing determination of what constitutes the 'industry services body' under the Act — but the Act itself does not establish or define how the industry services body is originally constituted, only how the successor body derives from it. The definition implicitly relies on external or prior legal instruments not visible in the Act."},{"type":"impossible_compliance","section":"8(1)","severity":"medium","reasoning":"The abolition function is self-terminating by nature. The authority must perform functions (s8(1)) and comply with Ministerial directions (s8(3)) but will at some point cease to legally exist. Any incomplete functions at the moment of abolition become permanently unperformable by the only body obligated to perform them. There is no savings mechanism preserving the function in any successor.","confidence":0.75,"description":"A statutory authority is given the function of planning and facilitating its own abolition. This is logically absurd: an entity tasked with its own destruction has an inherent structural conflict of interest, and once abolished, it cannot continue performing functions including any incomplete aspects of its abolition. The entity must cease to exist in order to have successfully performed its function, but ceasing to exist may prevent completion of that function."},{"type":"impossible_compliance","section":"32(6)","severity":"medium","reasoning":"Requiring leave to end 'immediately before' the cessation of employment assumes the cessation date is known in advance and fixed. In retrenchment scenarios especially, the timing may be uncertain or abrupt. If leave has already commenced and the cessation date changes, or if the leave period does not align perfectly, it becomes impossible to satisfy this requirement without violating either the leave grant or the employment termination timeline.","confidence":0.72,"description":"Section 32(6) requires that long service leave granted under subsection (4) (upon reaching retirement age or retrenchment) 'must be taken so as to end immediately before the employee stops being an employee.' This creates an impossible compliance scenario: the employee must take leave that ends at the precise moment employment ends, which requires advance knowledge of the exact date of cessation and perfect alignment of leave scheduling — practically impossible in cases of sudden retrenchment or unforeseen early retirement."},{"type":"circular_definition","section":"17(3) and 45(2)","severity":"high","reasoning":"The cap in s17(3) depends on deducting s45(1) payments. The cap in s45(2) depends on deducting s17(1) payments. To calculate the s17 cap you need to know the total s45 payments (which requires knowing the s45 cap, which requires knowing s17 payments, which requires knowing the s17 cap). This is a genuine circular mathematical dependency, not merely a cross-reference, that cannot be resolved without an exogenous anchor point.","confidence":0.78,"description":"Mutual cross-reference appropriation limit creates a circular dependency: Section 17(3) defines the limit of the appropriation for adjustment payments as the sum of assets transferred to the Commonwealth minus 'payments referred to in subsection 45(1)'. Section 45(2) in turn defines the limit of its own appropriation as the same asset amounts from s17(3)(a),(b),(c) minus payments under s17(1). The two caps are each defined by reference to payments under the other, creating a circular interdependency that makes it mathematically impossible to definitively calculate either limit without first knowing the other."},{"type":"other","section":"21","severity":"high","reasoning":"The reference to 'former section 9' is a ghost provision. The Act jumps from section 8 to section 13. The GST treatment in s21 is premised on a funding contract entered into under a provision that no longer exists in the Act. This means the legal basis for the GST characterisation is unverifiable from the face of the Act, and anyone applying the section cannot identify what obligations the successor body purportedly undertook.","confidence":0.88,"description":"Section 21 deems the transfer of assets to the successor body under section 15 to be 'consideration provided by the Commonwealth to the successor body for entering into obligations under the funding contract that was entered into by the successor body under former section 9 of this Act.' However, the Act as presented contains no 'former section 9' — section 9 does not appear in the Act at all, having apparently been repealed or omitted. The GST characterisation thus rests on a non-existent contractual foundation within the Act."},{"type":"self_contradicting","section":"34(2) and 34(3)","severity":"high","reasoning":"Section 34(3) computes death benefits by hypothetically applying section 33 to the deceased employee, but section 33(2) carves out deaths from its operation. The calculation mechanism thus invokes a provision that expressly excludes the relevant case. While the intent is clear, the drafting creates a technical void: the formula references a provision that cannot apply, meaning the quantum of the payment obligation is legally indeterminate on the face of the Act.","confidence":0.83,"description":"Section 34 applies only to employees with less than 10 years service (s34(1)) and requires payment to dependants on death. Section 34(3) calculates the payment by reference to what would have been payable under section 33 'if, on the day of his or her death, the employee had instead stopped being an employee... on or after reaching the minimum retiring age.' However, section 33(2) explicitly states section 33 does not apply to employees who die. The calculation base references a provision that by its own terms cannot apply to the very scenario being calculated."}],"contradictions":[{"severity":"medium","section_a":"7 (definition of 'employee')","section_b":"7 (definition of 'transferring employee')","confidence":0.68,"description":"The definition of 'employee' in relation to the statutory authorities fixes the class of employees by reference to those employed 'immediately before the transfer time.' The definition of 'transferring employee' requires that person to then 'become an employee of the successor body at the transfer time.' However, the successor body (defined by reference to s14) may not yet exist or be constituted at the precise transfer time, making it impossible for former employees to simultaneously satisfy both limbs of the transferring employee definition."},{"severity":"high","section_a":"25 (Commonwealth liability for SRC Act — Australian Pork Corporation only)","section_b":"24 (Continued application of SRC Act — both statutory authorities)","confidence":0.85,"description":"Section 24 continues the SRC Act's application for injuries suffered before the transfer time by employees of either statutory authority (both the Australian Pork Corporation and the Pig Research and Development Corporation). However, section 25 assigns Commonwealth liability to meet SRC Act obligations only in relation to the Australian Pork Corporation, with no equivalent provision for the Pig Research and Development Corporation. This creates an asymmetry where continuing SRC Act obligations from s24 apply to both bodies' employees but the Commonwealth's assumption of employer liability under s25 covers only one body's employees, leaving the liability position for PRDC employees unclear and potentially unallocated."},{"severity":"medium","section_a":"32 (long service leave — discretionary grant: 'may grant')","section_b":"33 (payment in lieu — mandatory: 'must pay')","confidence":0.71,"description":"For employees with less than 10 years service, section 32 gives the industry services body a discretion to grant long service leave ('may grant'), while section 33 imposes a mandatory obligation to pay an amount in lieu ('must pay') in equivalent or overlapping circumstances. An employee who qualifies under both sections (e.g., reaching combined service period of 10 years) could find the body refusing to grant leave under s32 while being obligated to pay in lieu under s33, or the interaction between the discretionary and mandatory provisions creates uncertainty about whether the body can effectively substitute payment for leave without the employee's agreement."},{"severity":"low","section_a":"42 (publication of declarations — 14 days)","section_b":"8(4) (parliamentary tabling of directions — 15 sitting days)","confidence":0.62,"description":"The Act imposes inconsistent transparency timelines for similar ministerial instruments: declarations under Part 3 must be Gazetted within 14 calendar days (s42), while directions to statutory authorities must be tabled in Parliament within 15 sitting days (s8(4)). While not a direct logical contradiction, the inconsistency in timeframes and mechanisms (Gazette vs Parliament) for instruments of comparable significance creates an internal coherence problem and potentially allows directions — which bind statutory authorities — to remain unpublished for significantly longer periods than declarations."},{"severity":"medium","section_a":"39(4) (definition of 'equivalent terms and conditions' — by reference to time of agreement to be employed)","section_b":"39(2) (Minister determines equivalence — by reference to terms 'at a particular time')","confidence":0.7,"description":"Section 39(4) defines 'equivalent terms and conditions' by reference to the terms that applied 'at the time when he or she agreed to be employed by the successor body.' Section 39(2) provides that the Minister determines equivalence by comparing terms 'at a particular time' without specifying that time. The definition in s39(4) fixes the comparator moment, but the ministerial determination power in s39(2) is temporally open-ended, creating a potential conflict where the Minister applies a different reference time than the one mandated by s39(4)."}]},"kimi_summary":{"_metrics":{"completionTokens":583},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 2001 purpose. The 2024 amendment (evident from the '31 December 2024' reference in the 'industry services body' definition) updates the Act for a new transfer, suggesting the original restructuring framework is being reused for a subsequent reorganisation of the pig industry bodies. The scope now covers a second wave of transition rather than the initial 2001 abolition."},"complexity_factors":["Multiple nested definitions referencing other Acts (Long Service Leave Act, SRC Act, DFRDB Act, Maternity Leave Act, GST Act)","Extensive cross-referencing between sections (e.g., sections 32-35 all interdepend for long service leave calculations)","Conditional logic with multiple thresholds (10 years service, 1 year combined service, minimum retiring age, ill-health)","Time-based triggers ('transfer time') that cascade through multiple employee protection schemes","Ministerial discretion subject to parliamentary notification and Administrative Review Tribunal review","Appropriation limits calculated by formula across multiple sections","Deemed continuity provisions that modify how other Acts apply"],"plain_english_summary":"This legislation restructures Australia's pig industry by abolishing two Commonwealth statutory authorities — the **Australian Pork Corporation** and the **Pig Research and Development Corporation** — and transferring their functions, assets and employees to a new **industry services body**.\n\n**What it does:**\n- **Abolishes the old bodies**: The two statutory authorities are required to plan and facilitate their own winding-up.\n- **Transfers assets and liabilities**: The Minister can declare that property, money, debts and legal obligations move from the old authorities to either the new industry services body or the Commonwealth itself.\n- **Protects employees**: Workers who transfer to the new body keep their accumulated leave entitlements (long service leave, recreation leave, sick leave) and continuous service recognition. Special rules apply for workers' compensation, maternity leave, and defence force retirement benefits.\n- **Deals with the money**: The Commonwealth can sell any assets it receives and use the proceeds to fund the transition, with payments to the new body limited to what comes from those assets.\n- **Exempts from taxes**: No stamp duty or state taxes apply to these transfers.\n\n**Who it affects:**\n- Employees of the two abolished corporations\n- The new industry services body that takes over\n- The Commonwealth government managing the transition\n\n**Why it matters:**\nThis is a **corporatisation or privatisation-style reform** — moving government functions to a non-government body while protecting worker entitlements and ensuring debts don't fall through cracks. The detailed employee protections show how Commonwealth industrial arrangements are preserved when public sector jobs move to a new entity."}},"importantCases":[],"_links":{"self":"/api/acts/pig-industry-act-2001","history":"/api/acts/pig-industry-act-2001/history","analysis":"/api/acts/pig-industry-act-2001/analysis","conflicts":"/api/acts/pig-industry-act-2001/conflicts","importantCases":"/api/acts/pig-industry-act-2001/important-cases","documents":"/api/acts/pig-industry-act-2001/documents"}}