9Declaration of the industry services body and the industry export control body

9 Declaration of the industry services body and the industry export control body

(1) The Minister may declare a body to be the industry services body if: (a) the body is a trading corporation to which paragraph 51(xx) of the Constitution applies; and (b) the body is a company limited by guarantee incorporated under the Corporations Law; and (c) the Minister has had regard to whether the body’s constitution is appropriate for a body performing the functions of the industry services body; and (d) the body has entered into a deed of agreement with the Commonwealth under subsection 12(1). The declaration must be by notice in writing.

Note: For information about staff, assets, contracts and liabilities of the industry services body following its declaration, see Part 2 of the Horticulture Marketing and Research and Development Services (Repeals and Consequential Provisions) Act 2000.

(2) The Minister may declare a body to be the industry export control body if: (a) the body is a trading corporation to which paragraph 51(xx) of the Constitution applies; and (b) the body is a company limited by guarantee incorporated under the Corporations Law; and (c) the Minister has had regard to whether the body’s constitution is appropriate for a body performing the functions of the industry export control body; and (d) the body has entered into a deed of agreement with the Commonwealth under subsection 12(2). The declaration must be by notice in writing. (3) The Minister may declare the same body to be both the industry services body and the industry export control body. However, the Minister must not declare more than one industry services body, or more than one industry export control body, at any one time. (4) A notice under this section must specify the day on and after which the relevant body is to be the industry services body or the industry export control body. That day must not be earlier than the day after the day, or the later of the days (as the case may be), that paragraph (6)(a) is complied with. (5) The declaration has effect accordingly. (6) The Minister must cause a copy of each declaration under this section to be: (a) laid before each House of the Parliament or, if a House is not sitting, presented to the Presiding Officer of that House for circulation to the members of that House, within 5 sitting days after the declaration is made; and (b) published in the Gazette within 14 days after the declaration is made. (6A) For the purposes of subsection (6), if a House has been dissolved and the newly‑elected House has not met when a declaration is provided to the Presiding Officer, circulation to the persons who were members of that House immediately before the dissolution is taken to be circulation to the members of the House. (6B) To avoid doubt, the function of a Presiding Officer of receiving and circulating a declaration under subsection (6) is a function of the Presiding Officer for the purposes of the Parliamentary Presiding Officers Act 1965. (7) The declaration is not invalid merely because it has not been published as required under subsection (6).