54 Approvals to export regulated dairy produce to regulated dairy markets
(1) The regulations may make provision for and in relation to the granting of approvals to persons to export regulated dairy produce to regulated dairy markets.
(2) Regulations made for the purposes of subsection (1) may make provision for and in relation to any one or more of the following:
(a) the making of an application for an approval;
(b) the payment of fees to the Commonwealth in respect of such an application;
(c) the waiver or remission of such fees;
(d) the grant of an approval;
(e) the grant of an approval subject to compliance with conditions by the holder of the approval (which may include, but are not limited to, conditions relating to matters occurring either before or after the export of the dairy produce);
(f) whether an approval is in force in relation to exports during a specified period or is in force in relation to a particular export only;
(g) the variation of an approval or of a condition of an approval;
(h) the revocation or suspension of an approval;
(i) the review of decisions made under the regulations.
(3) Regulations made for the purposes of subsection (1) may make different provision in respect of matters arising in relation to different regulated dairy produce and different regulated dairy markets.
(4) Subsection (3) does not, by implication, limit subsection 33(3A) of the Acts Interpretation Act 1901.
53 Section 60
Omit “Neither this Part nor a direction under this Part affects”, substitute “This Part does not affect”.
54 Part VII
Repeal the Part.
55 Subsections 109(1) and (2)
Repeal the subsections, substitute:
(1) For the purposes of this section, for so long as the industry services body is in a position to control the operations of Asia Dairy Industries (H.K.) Limited, a company incorporated in Hong Kong, that company is taken to be the subsidiary company.
(2) If:
(a) the subsidiary company is wound‑up; and
(b) the liabilities of the subsidiary company payable on the winding‑up are not able to be met in full from the assets of the subsidiary company;
the industry services body is liable to meet those liabilities, to the extent that they are not able to be met out of the assets of the subsidiary company, as if the liabilities had been incurred by the industry services body.
Note: The heading to section 109 is replaced by the heading “Liability of industry services body for the subsidiary company”.
56 Section 109A
Repeal the section.
57 Section 109B
Repeal the section.
58 Section 109C
Repeal the section.
59 Section 110
Repeal the section.
60 Section 114
Section 54 - Dairy Industry Service Reform Act 2003 - Approvals to export regulated dairy produce to regulated dairy markets | Zoe
Repeal the section.
61 Section 115
Repeal the section.
62 Section 117
Repeal the section.
63 Section 118
Repeal the section.
64 Subsection 119(1)
Omit “a member of the Corporation or of the staff assisting the Corporation”, substitute “an officer or an employee of the industry services body”.
65 Paragraph 119(2)(a)
Omit “as a member of the Corporation or as a member of the staff assisting the Corporation”, substitute “or employment with the industry services body and acquired under or for the purposes of this Act”.
66 Paragraph 119(2)(b)
Repeal the paragraph, substitute:
(b) produce to any person:
(i) an application or other document given to the Australian Dairy Corporation by a manufacturer of dairy produce for the purpose of obtaining a market support payment under this Act as in force before the conversion time; or
(ii) an application or other document given to that Corporation by a person for the purposes of section 99 of this Act as in force before the conversion time; or
(iii) a return furnished to that Corporation by an exporter of dairy produce pursuant to section 110 of this Act as in force before the conversion time.
72 Clause 2 of Schedule 2 (paragraphs (b) and (c) of the definition of deliver)
Repeal the paragraphs, substitute:
(b) in relation to manufacturing milk covered by paragraph (a) of the definition of manufacturing milk in this clause—deliver as mentioned in that paragraph; and
(c) in relation to manufacturing milk covered by paragraph (b) of the definition of manufacturing milk in this clause—use as mentioned in that paragraph.
73 Clause 2 of Schedule 2 (definition of manufacturing milk)
Repeal the definition, substitute:
manufacturing milk means:
(a) relevant dairy produce delivered by the producer to a manufacturer during a month ending before 1 July 2000, in respect of which a domestic market support payment has been paid under section 108A of this Act as in force before the conversion time; or
(b) relevant dairy produce produced by a manufacturer and used by the manufacturer, during a month ending before 1 July 2000, in the manufacture of dairy produce, in respect of which a domestic market support payment has been paid under section 108A of this Act as in force before the conversion time;
other than market milk.
74 Paragraph 10(d) of Schedule 2
Omit “by the Corporation”, substitute “out of the Dairy Structural Adjustment Fund”.
75 Subclause 23(4) of Schedule 2
Omit “by the Corporation”.
76 Subclause 23(5) of Schedule 2
Omit “by the Corporation”.
77 Paragraph 37B(d) of Schedule 2
Omit “by the Corporation”, substitute “out of the Dairy Structural Adjustment Fund”.
78 Paragraph 43(3)(a) of Schedule 2
After “SDA scheme”, insert “or is otherwise required by any law of the Commonwealth”.
(7) A reference in this clause to a senior employee of the industry services body is a reference to a person who:
(a) is an employee of the industry services body; and
(b) holds or performs the duties of a position of General Manager.