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Short title
1 Short title
This Act may be cited as the Fruit and Nut Industry (Research, Development and Extension Trust Fund) Repeal Act 2019 .
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Tasmania act
This Act repeals the Fruit and Nut Industry (Research, Development and Extension Trust Fund) Act 2012, winds up the FNRDE Account and dissolves its Board. It treats the Board's assets, liabilities, documents and ongoing legal matters as matters of the Crown and temporarily assigns administration to the Minister for Primary Industries and Water. It affects the Board, fund beneficiaries, creditors and parties to existing proceedings because their assets, liabilities and rights become matters for the Crown.
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Direct links to the current provisions in Fruit and Nut Industry (Research, Development and Extension Trust Fund) Repeal Act 2019.
This Act may be cited as the Fruit and Nut Industry (Research, Development and Extension Trust Fund) Repeal Act 2019 .
This Act commences on the day on which this Act receives the Royal Assent.
In this Act, unless the contrary intention appears –
Board of Management means the Board of Management continued by section 5(1) of the repealed Act;
commencement day means the day on which this Act commences;
FNRDE Account means the account in the Special Deposits and Trust Fund continued by section 4(1) of the repealed Act;
repealed Act means the Fruit and Nut Industry (Research, Development and Extension Trust Fund) Act 2012 .
On the commencement day –
(a) the FNRDE Account is wound up; and
(b) the Board of Management is dissolved.
(1) In this section –
document means a document, or part of a document, that –
(a) was in force immediately before the commencement day; and
(b) contains a reference to the Board of Management; and
(c) relates to an asset or liability of the Board of Management.
(2) Unless the context or subject matter of a document otherwise requires, on and after the commencement day a reference in the document to or including the Board of Management is taken to be or to include a reference to the Crown.
On and after the commencement day –
(a) any legal or other proceeding instituted by or against the Board of Management before, and pending on, the commencement day may be continued by or against the Crown; and
(b) any legal or other proceeding that could have been instituted by or against the Board of Management to enforce an obligation that was required to be performed, or a right that had accrued, before the commencement day may be instituted by or against the Crown; and
(c) any judgment or order of a court obtained before the commencement day by or against the Board of Management and not executed or satisfied before the commencement day may be enforced by or against the Crown; and
(d) a document relating to any legal or other proceeding that has been served on or by the Board of Management is taken, where appropriate, to have been served on or by the Crown.
Until provision is made in relation to this Act by order under section 4 of the Administrative Arrangements Act 1990 –
(a) the administration of this Act is assigned to the Minister for Primary Industries and Water; and
(b) the department responsible to that Minister in relation to the administration of this Act is the Department of Primary Industries, Parks, Water and Environment.
The legislation specified in Schedule 1 is repealed.
| Fruit and Nut Industry (Research, Development and Extension Trust Fund) Act 2012 (No. 5 of 2012) |
Sourced from Tasmanian Legislation Online (legislation.tas.gov.au), CC BY 4.0.
This Act may be cited as the Fruit and Nut Industry (Research, Development and Extension Trust Fund) Repeal Act 2019 .
This Act commences on the day on which this Act receives the Royal Assent.
In this Act, unless the contrary intention appears –
Board of Management means the Board of Management continued by section 5(1) of the repealed Act;
commencement day means the day on which this Act commences;
FNRDE Account means the account in the Special Deposits and Trust Fund continued by section 4(1) of the repealed Act;
repealed Act means the Fruit and Nut Industry (Research, Development and Extension Trust Fund) Act 2012 .
On the commencement day –
(a) the FNRDE Account is wound up; and
(b) the Board of Management is dissolved.
(1) In this section –
document means a document, or part of a document, that –
(a) was in force immediately before the commencement day; and
(b) contains a reference to the Board of Management; and
(c) relates to an asset or liability of the Board of Management.
(2) Unless the context or subject matter of a document otherwise requires, on and after the commencement day a reference in the document to or including the Board of Management is taken to be or to include a reference to the Crown.
On and after the commencement day –
(a) any legal or other proceeding instituted by or against the Board of Management before, and pending on, the commencement day may be continued by or against the Crown; and
(b) any legal or other proceeding that could have been instituted by or against the Board of Management to enforce an obligation that was required to be performed, or a right that had accrued, before the commencement day may be instituted by or against the Crown; and
(c) any judgment or order of a court obtained before the commencement day by or against the Board of Management and not executed or satisfied before the commencement day may be enforced by or against the Crown; and
(d) a document relating to any legal or other proceeding that has been served on or by the Board of Management is taken, where appropriate, to have been served on or by the Crown.
Until provision is made in relation to this Act by order under section 4 of the Administrative Arrangements Act 1990 –
(a) the administration of this Act is assigned to the Minister for Primary Industries and Water; and
(b) the department responsible to that Minister in relation to the administration of this Act is the Department of Primary Industries, Parks, Water and Environment.
The legislation specified in Schedule 1 is repealed.
Section 8
| Fruit and Nut Industry (Research, Development and Extension Trust Fund) Act 2012 (No. 5 of 2012) |