Pig Industry Act 1986

Act No. 157 of 1986 as amended

This compilation was prepared on 30 March 2000
taking into account amendments up to Act No. 156 of 1999

The text of any of those amendments not in force
on that date is appended in the Notes section

Prepared by the Office of Legislative Drafting,
Attorney‑General’s Department, Canberra

Contents

Part I—Preliminary

1 Short title [see Note 1]...........................

2 Commencement [see Note 1].......................

3 Interpretation.................................

Part II—The Australian Pork Corporation

Division 1—Preliminary

4 Interpretation.................................

Division 2—Establishment, functions and powers of the Australian Pork Corporation

5 Australian Pork Corporation........................

6 Objective...................................

7 Functions of Corporation..........................

8 Powers.....................................

9 Corporation may consult industry representatives...........

Division 3—Constitution and meetings of Corporation

10 Constitution of Corporation........................

11 Deputy Chairperson.............................

12 Remuneration and allowances.......................

13 Resignation of members..........................

14 Termination of appointment of members.................

15 Situations that do not amount to interests requiring disclosure....

16 Meetings of Corporation..........................

Division 4—Corporate plans and annual operational plans

17 Planning periods...............................

18 Corporate plans...............................

19 Annual operational plans..........................

20 Compliance with plans...........................

Division 5—Directions by Minister

21 Directions by Minister...........................

Division 6—Staff

22 Employees and consultants.........................

Division 7—Finance

22A Corporation’s component of levy.....................

23 Payments to Corporation..........................

24 Raising of money by Corporation.....................

25 Application of money of Corporation etc.................

31 Liability to taxation.............................

Division 8—Miscellaneous

32 Delegation..................................

33 Chairperson to attend certain meetings..................

34 Extra matters to be included in annual report..............

Division 9—The Australian Pork Corporation Selection Committee

35 Australian Pork Corporation Selection Committee...........

36 Functions of Committee..........................

37 Powers of Committee............................

38 Minister may request nominations....................

39 Selection of persons by Committee....................

40 Nomination..................................

41 Minister may reject nominations.....................

42 Membership of Committee.........................

43 Remuneration and allowances of members of Committee.......

44 Leave of absence...............................

45 Resignation..................................

46 Termination of appointments.......................

47 Disclosure of interests by members of Committee...........

48 Meetings of Committee...........................

49 Resolutions without meetings.......................

50 Staff and consultants............................

51 Liability to taxation.............................

Part IV—Miscellaneous

72 Regulations..................................

Notes to the Pig Industry Act 1986

An Act relating to the pig industry

Part I—Preliminary

1  Short title [see Note 1]

  This Act may be cited as the Pig Industry Act 1986.

2  Commencement [see Note 1]

 (1) This Part, Divisions 1 and 9 of Part II, and Part IV shall come into operation on the day on which this Act receives the Royal Assent.

 (2) The remaining provisions of this Act shall come into operation on a day to be fixed by Proclamation.

3  Interpretation

  In this Act, unless the contrary intention appears:

AFC Processed Meats Forum means those members of the Australian Food Council who are also members of the Processed Meats Forum of that Council.

Australian Food Council means the body registered as a company under the Corporations Law under that name.

Committee means the Australian Pork Corporation Selection Committee established by this Act.

Corporation means the Australian Pork Corporation referred to in section 5.

eligible industry body means:

 (a) the Pork Council of Australia;

 (b) the AFC Processed Meats Forum; or

 (c) a body prescribed by regulations for the purposes of the provision in which the expression is used.

pork means pig meat.

the industry means the Australian pork and pig industry.

Part II—The Australian Pork Corporation

Division 1—Preliminary

4  Interpretation

  In this Part, unless the contrary intention appears:

annual operational plan means an annual operational plan formulated by the Corporation under subsection 19(1).

Chairperson means the Chairperson of the Corporation.

corporate plan means a corporate plan formulated by the Corporation under subsection 18(1).

Corporation’s component of levy has the meaning given by section 22A.

Deputy Chairperson means the Deputy Chairperson of the Corporation.

member means a member of the Corporation and includes the Chairperson and Deputy Chairperson.

Presiding Member means the Presiding Member of the Committee.

Division 2—Establishment, functions and powers of the Australian Pork Corporation

5  Australian Pork Corporation

 (1) The body corporate that was, immediately before the commencement of this section, in existence by virtue of section 8 of the Pork Promotion Act 1975 under the name Pork Promotion Committee continues in existence by force of this subsection as a body corporate, under and subject to the provisions of this Act, under the name Australian Pork Corporation.

 (2) The Corporation:

 (a) is a body corporate with perpetual succession;

 (b) shall have a common seal;

 (c) may acquire, hold and dispose of real and personal property; and

 (d) may sue and be sued in its corporate name.

Note: The Commonwealth Authorities and Companies Act 1997 applies to the Corporation. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

 (3) All courts, judges and persons acting judicially shall take judicial notice of the imprint of the common seal of the Corporation affixed to a document and shall presume that it was duly affixed.

6  Objective

  The Corporation shall, in the performance of its functions, pursue the objective of enhancing the commercial returns to all sectors of the industry.

7  Functions of Corporation

 (1) The functions of the Corporation are:

 (a) to improve the production of pork and pigs in Australia;

 (b) to encourage and promote the consumption and sale of Australian pork, and the sale of Australian pigs, both in Australia and overseas;

 (c) to encourage, assist and promote the export of pork and pigs from Australia;

 (d) to make recommendations to the Minister with respect to the making of regulations prescribing an amount for the purposes of paragraph 3(b) of Schedule 22 to the Primary Industries (Excise) Levies Act 1999;

 (e) to consult and co-operate with other persons and organisations in connection with the industry; and

 (f) to do anything incidental to or conducive to the performance of any of the preceding functions.

 (2) Before making a recommendation to the Minister for the purposes of paragraph (1)(d), the Corporation shall consult the eligible industry bodies, and a recommendation to the Minister for the purposes of that paragraph shall:

 (a) specify the eligible industry bodies that have been consulted; and

 (b) contain a summary of the views expressed by each of those bodies.

8  Powers

 (1) Subject to this Act, the Corporation has power to do all things that are necessary or convenient to be done for, or in connection with, the performance of its functions.

 (2) The powers of the Corporation in relation to the functions of the Corporation referred to in paragraphs 7(1)(b) and (c) extend to the doing of such things as the Corporation determines in order to improve:

 (a) the quality of Australian pork and pigs;

 (b) the methods of production, storage, transport and marketing of Australian pork; and

 (c) the methods of production, transport and marketing of Australian pigs.

9  Corporation may consult industry representatives

 (1) Without limiting the generality of section 8, the Corporation may, for the purpose of considering any matter relating to the performance of its functions, make arrangements for consulting persons and bodies representative of different sectors of the industry.

 (2) Arrangements entered into by the Corporation under subsection (1) in relation to a consultation may include:

 (a) the Corporation’s agreeing to meet travel expenses reasonably incurred by a person in connection with the consultation; and

 (b) subject to guidelines given to the Corporation by the Minister, the Corporation’s agreeing to meet expenses, other than travel expenses, reasonably incurred in connection with the consultation by an eligible industry body or a member of an eligible industry body.

Division 3—Constitution and meetings of Corporation

10  Constitution of Corporation

 (1) The Corporation shall consist of 7 members, namely:

 (a) the Chairperson;

 (b) a government member; and

 (c) 5 other members.

 (2) A member (other than the government member) shall be appointed by the Minister and holds office on a part-time basis for such period, not exceeding 3 years, as is specified in the instrument of appointment.

 (3) The government member shall be appointed by the Minister and holds office on a part-time basis during the Minister’s pleasure.

 (4) The members referred to in paragraph (1)(c) shall be appointed from persons nominated by the Committee in accordance with section 40.

 (5) The Minister shall not appoint a person to be a member referred to in paragraph (1)(c) unless the Minister is satisfied that the person has knowledge of, or experience in:

 (a) the production of pigs;

 (b) the production or processing of pork;

 (c) product promotion; or

 (d) marketing, business management or finance.

 (6) A person who is a member of the executive of an eligible industry body shall not be appointed as a member of the Corporation, and a member of the Corporation who becomes a member of the executive of an eligible industry body shall cease to hold office as a member of the Corporation.

 (7) The performance of the functions, or the exercise of the powers, of the Corporation is not affected by reason only of:

 (a) the number of members falling below 7 for a period of not more than 6 months; or

 (b) there being a vacancy in the office of Chairperson.

 (8) The members hold office on such terms and conditions (if any) in respect of matters not provided for by this Act as are determined by the Minister by instrument in writing.

 (9) The appointment of a member is not invalid on the ground of a defect or irregularity in connection with the member’s selection or appointment.

Note: For the manner in which the Chairperson may be referred to, see section 18B of the Acts Interpretation Act 1901.

11  Deputy Chairperson

 (1) The Minister shall appoint one of the members referred to in paragraph 10(1)(c) to be the Deputy Chairperson of the Corporation.

 (2) The Minister shall, before appointing a person to be the Deputy Chairperson, consult with the Chairperson.

 (3) The Minister may, at any time, terminate an appointment under subsection (1).

 (4) A member appointed as Deputy Chairperson ceases to hold the office of Deputy Chairperson if the member ceases to be a member.

 (5) A person appointed to an office under subsection (1) may resign the office by writing signed by the person and delivered to the Minister.

 (6) During any period when the Chairperson is absent from Australia or is not available to perform the duties of his or her office, or the office of Chairperson is vacant, the Deputy Chairperson shall act as Chairperson.

 (7) The Deputy Chairperson has, when acting as Chairperson, all the functions and powers of the Chairperson under this Act and the regulations.

 (8) Anything done by or in relation to a person purporting to act under subsection (6) is not invalid on the ground that the occasion for the person to act had not arisen or had ceased.

Note: For the manner in which the Deputy Chairperson may be referred to, see section 18B of the Acts Interpretation Act 1901.

12  Remuneration and allowances

 (1) A member shall be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration by the Tribunal is in operation, the member shall be paid such remuneration as is prescribed.

 (2) A member shall be paid such allowances as are prescribed.

 (3) If:

 (a) a person who is a member of the Corporation is also a member of, or a candidate for election to, the Parliament of a State; and

 (b) under the law of that State, the person would not be eligible to remain, or to be elected, as a member of that Parliament if he or she were entitled to remuneration under this Act;

the person shall not be paid remuneration or allowances under this Act but shall be reimbursed such expenses as the person reasonably incurs by reason of the person’s performing the functions of a member.

 (4) If a person who is a member of the Corporation is also:

 (a) a member of the Parliament of a State (other than a State to the laws of which paragraph (3)(b) refers); or

 (b) in the service or employment of a State or an authority of a State or a person who holds or performs the duties of an office or position established by or under a law of a State, on a full-time basis;

it is a condition of the person’s holding the office of member that the person pay to the State, within one month of receiving an amount of remuneration under this Act, an amount equal to that first-mentioned amount, and the person:

 (c) shall not be paid allowances under this Act; and

 (d) shall be reimbursed such expenses as the person reasonably incurs by reason of the person’s performing the functions of a member.

 (5) An amount payable to a State by a person under subsection (4) is a debt due to the State, and the State may recover that amount by action against the person in a court of competent jurisdiction.

 (6) In this section:

Parliament means:

 (a) in relation to the Australian Capital Territory—the Legislative Assembly for the Australian Capital Territory; and

 (b) in relation to the Northern Territory—the Legislative Assembly of the Northern Territory.

State includes the Australian Capital Territory and the Northern Territory.

 (7) This section has effect subject to the Remuneration Tribunal Act 1973.

13  Resignation of members

  A member may resign the office of member by writing signed by the member and delivered to the Minister.

14  Termination of appointment of members

 (1) The Minister may terminate the appointment of a member for misbehaviour or physical or mental incapacity.

 (2) If a member:

 (a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit;

 (b) fails, without reasonable excuse, to comply with section 27F or 27J of the Commonwealth Authorities and Companies Act 1997; or

 (c) is absent, except on leave of absence granted by the Corporation, from 3 consecutive meetings of the Corporation;

the Minister shall terminate the appointment of the member.

 (3) In this section, member does not include the government member.

15  Situations that do not amount to interests requiring disclosure

 (1) If:

 (a) a member has an interest in a matter being considered or about to be considered by the Corporation; and

 (b) it is an interest that the member has by reason of being a principal in the industry; and

 (c) the member has that interest in common with other principals in the industry;

the interest is not to be taken to be a material personal interest of the member for the purposes of sections 27F and 27J of the Commonwealth Authorities and Companies Act 1997.

 (2) In this section:

principal in the industry means a pig producer, pig exporter, pork processor, pork producer or pork exporter.

16  Meetings of Corporation

 (1) Subject to this section, meetings of the Corporation shall be held at such times and places as the Corporation from time to time determines.

 (2) The Chairperson may at any time convene a meeting of the Corporation.

 (3) At a meeting of the Corporation, 4 members constitute a quorum.

 (4) The Chairperson shall preside at all meetings of the Corporation at which he or she is present.

 (5) In the event of the absence of the Chairperson from a meeting of the Corporation, the Deputy Chairperson shall preside at the meeting.

 (6) In the event of the absence of the Chairperson and of the Deputy Chairperson from a meeting of the Corporation, the members present shall appoint one of their number to preside at the meeting.

 (7) A question arising at a meeting of the Corporation shall be decided by a majority of the votes of the members present and voting.

 (8) The member presiding at a meeting of the Corporation has a deliberative vote and, in the event of an equality of votes, also has a casting vote.

 (9) The Corporation shall keep minutes of its proceedings.

 (10) The Corporation may invite a person to attend a meeting of the Corporation for the purposes of advising or informing the Corporation on any matter.

Division 4—Corporate plans and annual operational plans

17  Planning periods

 (1) In this Division, planning period means a period of 3, 4 or 5 financial years that the Corporation declares to be a planning period for the purposes of this Division.

 (2) Where:

 (a) the Corporation declares a period (in this subsection referred to as the first period) to be a planning period for the purposes of this Division; and

 (b) the Corporation subsequently declares a period (in this subsection referred to as the second period) commencing during the first period and ending after the end of the first period to be a planning period for the purposes of this Division;

the following plans cease to have effect on the commencement of the second period:

 (c) the corporate plan relating to the first period;

 (d) an annual operational plan relating to the corporate plan referred to in paragraph (c).

18  Corporate plans

 (1) The Corporation shall:

 (a) not later than 3 months before the commencement of each planning period, formulate a corporate plan, for the planning period concerned, setting out:

 (i) the broad objectives of the Corporation in performing its functions during the planning period; and

 (ii) a broad outline of the policies and strategies to be pursued by the Corporation to achieve those objectives; and

 (iii) the Corporation’s assessment, for the planning period, of the market outlook and the economic outlook for the industry; and

 (b) from time to time and, in any event, at least once in each financial year, review and revise the corporate plan.

 (2) A corporate plan, or a revision of a corporate plan:

 (a) shall be submitted to the Minister as soon as practicable after it is formulated; and

 (b) has no effect until it is approved by the Minister.

 (3) Before formulating or revising a corporate plan, the Corporation shall consult the eligible industry bodies.

19  Annual operational plans

 (1) The Corporation shall:

 (a) not later than 2 months before the commencement of each financial year that is included in a planning period, formulate an annual operational plan, for the financial year concerned, setting out an estimate of the amounts that the Corporation expects to receive during the financial year under section 23 and the details of:

 (i) the strategies the Corporation proposes to pursue; and

 (ii) the programs the Corporation proposes to carry out; and

 (iii) the resources the Corporation proposes to allocate to each such program;

  during the financial year in giving effect to the corporate plan that relates, or the intended corporate plan that will relate, to the financial year; and

 (b) from time to time, review and revise the annual operational plan.

 (2) An annual operational plan, or a revision of an annual operational plan:

 (a) shall be submitted to the Minister as soon as practicable after it is formulated; and

 (b) has no effect until approved by the Minister.

 (3) Before formulating or revising an annual operational plan, the Corporation shall consult eligible industry bodies.

20  Compliance with plans

  To the extent that it is practicable to do so, the Corporation shall ensure that the performance of its functions, and the exercise of its powers, is consistent with and designed to give effect to, the provisions of any corporate plan and of any annual operational plan.

Division 5—Directions by Minister

21  Directions by Minister

 (1) Where the Minister is satisfied that, because of the existence of exceptional circumstances, it is necessary to give a direction to the Corporation in order to ensure that the performance of the functions, or the exercise of the powers, of the Corporation does not conflict with major Government policies, the Minister may, after consultation with the Chairperson, by notice in writing to the Corporation, give directions to the Corporation with respect to the performance of its functions or the exercise of its powers.

 (2) The Minister shall cause a copy of any direction given to the Corporation under subsection (1):

 (a) to be published in the Gazette as soon as practicable after the direction is given; and

 (b) to be laid before each House of the Parliament within 15 sitting days of that House after the direction is given.

 (3) The Corporation shall comply with any direction given under subsection (1).

 (4) Where the Minister gives a direction to the Corporation under subsection (1), the particulars of the direction, and a statement of the effect of the direction on the operations of the Corporation, shall be included in the annual report on the Corporation under section 9 of the Commonwealth Authorities and Companies Act 1997.

 (5) The power to give a direction under subsection (1) with respect to an act or thing may be exercised notwithstanding that the doing of the act or thing is subject to the approval of the Minister or of another person.

Division 6—Staff

22  Employees and consultants

 (1) The Corporation may engage such employees as it determines are necessary for the performance of its functions and the exercise of its powers.

 (2) The Corporation may engage as advisers or consultants to the Corporation persons having suitable qualifications and experience.

 (3) The terms and conditions of employment (including remuneration) of the person holding the position of principal employee (however described) of the Corporation are such as are determined by the Corporation.

 (4) The terms and conditions of employment or engagement of persons employed or engaged under this section, other than the employee referred to in subsection (3), are such as are determined by the Corporation.

Division 7—Finance

22A  Corporation’s component of levy

  For the purposes of this Act, the Corporation’s component of levy is an amount of levy covered by paragraph 3(b) of Schedule 22 to the Primary Industries (Excise) Levies Act 1999.

23  Payments to Corporation

 (1) There shall be paid to the Corporation out of the Consolidated Revenue Fund, which is appropriated accordingly, amounts equal to:

 (a) amounts received by the Commonwealth as the Corporation’s component of levy; and

 (b) amounts of levy received by the Commonwealth because of paragraph 6(1)(b) of the repealed Pig Slaughter Levy Act 1971.

 (1A) The reference in paragraph (1)(a) to amounts received by the Commonwealth as the Corporation’s component of levy includes a reference to:

 (a) amounts received under subsection 7(1) of the Primary Industries Levies and Charges Collection Act 1991 in relation to the Corporation’s component of levy; and

 (b) amounts payable by way of penalty under section 15 of that Act in relation to the Corporation’s component of levy.

 (2) A reference in paragraph (1)(b) to amounts of levy received by the Commonwealth includes a reference to:

 (a) amounts received from the producer under subsection 7(1) of the Primary Industries Levies and Charges Collection Act 1991, and amounts payable by way of penalty under section 15 of that Act, in relation to amounts of levy referred to in paragraph (1)(b) of this section; and

 (b) amounts received from the producer under section 6 of the repealed Pig Slaughter Levy Collection Act 1971, and amounts payable by way of penalty under section 7 of that Act, in relation to amounts of levy referred to in paragraph (1)(b) of this section.

24  Raising of money by Corporation

 (1) Subject to subsection (2), the Corporation may, for the purpose of the performance of its functions:

 (a) borrow money otherwise than by dealing with securities; or

 (b) borrow money, or otherwise raise money, by dealing with securities.

 (2) The Corporation shall not borrow or otherwise raise money exceeding a total amount of $2,000,000 in a financial year except with the approval of the Minister and on such terms and conditions (if any) as are specified in the approval.

 (3) A reference in this section to dealing with securities includes a reference to:

 (a) creating, executing, entering into, drawing, making, accepting, indorsing, issuing, discounting, selling, purchasing or reselling securities;

 (b) creating, selling, purchasing or reselling rights or options in respect of securities; and

 (c) entering into agreements or other arrangements relating to securities.

 (4) In this section, securities includes stock, debentures, debenture stock, notes, bonds, promissory notes, bills of exchange and similar instruments or documents.

25  Application of money of Corporation etc.

 (1) The money of the Corporation may be applied only:

 (a) in payment or discharge of the expenses, charges, obligations and liabilities incurred or undertaken by the Corporation in or in connection with the performance of its functions, or the exercise of its powers, under this Act;

 (aa) in payment to the Commonwealth of amounts equal to the expenses incurred by the Commonwealth in relation to:

 (i) the collection or recovery of amounts of levy referred to in subsection 23(1); or

 (ii) the administration of section 23;

 (b) in payment of any remuneration, allowances, fees or expenses payable under this Act; and

 (c) in making any other payments that the Corporation is authorised or required to make under this Act.

 (1A) Subsection (1) does not prevent investment of surplus money of the Corporation under section 19 of the Commonwealth Authorities and Companies Act 1997.

 (2) The Corporation is liable to pay the expenses, and discharge the liabilities, incurred or undertaken by the Committee.

 (3) The Committee shall pay to the Corporation any money received by it.

31  Liability to taxation

 (1) The Corporation is subject to taxation (other than income tax) under the laws of the Commonwealth.

 (2) Subject to subsection (3), the Corporation is not subject to taxation under a law of a State or Territory.

 (3) The regulations may provide that subsection (2) does not apply in relation to taxation under a specified law.

Division 8—Miscellaneous

32  Delegation

 (1) The Corporation may, either generally or as otherwise provided by the instrument of delegation, by writing under its common seal, delegate to a person all or any of its powers under this Act or the regulations, other than its powers under subsection 22(3) or this power of delegation.

 (2) A power so delegated, when exercised by the delegate, shall, for the purposes of this Act or the regulations, as the case requires, be deemed to have been exercised by the Corporation.

 (3) A delegate under subsection (1) is, in the exercise of a power so delegated, subject to the directions of the Corporation.

 (4) A delegation under this section does not prevent the exercise of a power by the Corporation.

33  Chairperson to attend certain meetings

  If a majority of the members of the executive of an eligible industry body request the Chairperson, in writing, to attend a general meeting of the eligible industry body to present the latest annual report of the Corporation that has been tabled in each House of the Parliament under section 9 of the Commonwealth Authorities and Companies Act 1997, the Chairperson shall:

 (a) attend the meeting and present the annual report;

 (b) report to the meeting on the activities of the Corporation during the period to which the annual report relates; and

 (c) make himself or herself available to answer questions asked at the meeting relating to the annual report and the report referred to in paragraph (b).

34  Extra matters to be included in annual report

 (4) The annual report on the Corporation under section 9 of the Commonwealth Authorities and Companies Act 1997 must also include:

 (a) a statement of the principal goals of the Corporation in the period since the last such report was given and of the strategies pursued by the Corporation to achieve those goals in that period;

 (b) an assessment of the extent to which the Corporation has achieved the goals referred to in paragraph (a); and

 (c) particulars of:

 (i) significant capital works undertaken by the Corporation;

 (ii) significant property purchases made by the Corporation;

 (iii) significant overseas travel paid for by the Corporation;

 (iv) the formation of companies, and the acquisition and disposal of interests in companies, by the Corporation; and

 (v) the formulation of, and revisions to, corporate plans or annual operational plans;

  during the period to which the report relates.

Division 9—The Australian Pork Corporation Selection Committee

35  Australian Pork Corporation Selection Committee

 (1) There is established a Committee by the name of the Australian Pork Corporation Selection Committee.

 (2) The Committee:

 (a) is a body corporate with perpetual succession;

 (b) shall have a common seal;

 (c) may acquire, hold and dispose of personal property; and

 (d) may sue and be sued in its corporate name.

 (3) All courts, judges and persons acting judicially shall take judicial notice of the imprint of the common seal of the Committee affixed to a document and shall presume that it was duly affixed.

36  Functions of Committee

  The functions of the Committee are:

 (a) to select persons to be nominated for appointment as members of the Corporation referred to in paragraph 10(1)(c); and

 (b) to nominate persons so selected to the Minister for appointment as members of the Corporation.

37  Powers of Committee

  The Committee has power to do all things that are necessary or convenient to be done for, or in connection with, the performance of its functions.

38  Minister may request nominations

  The Minister may, by notice in writing given to the Presiding Member, request the Committee to give to the Minister, within the period specified in the notice:

 (a) written nominations of persons for appointment as members of the Corporation referred to in paragraph 10(1)(c); or

 (b) where a casual vacancy occurs in the office of a member of the Corporation referred to in paragraph 10(1)(c)—a written nomination of a person for appointment to that office.

39  Selection of persons by Committee

 (1) The Committee shall not nominate a person for appointment as a member of the Corporation unless the person possesses one or more of the qualifications referred to in subsection 10(5).

 (2) The Committee shall not nominate a person for appointment as a member of the Corporation if:

 (a) the person is a member of the Committee; or

 (b) the person has been a member of the Committee within 12 months of the day on which the nomination is given to the Minister.

40  Nomination

 (1) Where the Minister gives a request to the Presiding Member under section 38:

 (a) the Committee shall, before the end of the period specified in the request, select a person or persons to be nominated for appointment to the office or offices concerned; and

 (b) the Presiding Member shall, on behalf of the Committee, before the end of that period, give to the Minister the written nomination or nominations concerned.

 (2) The Committee shall give to the Minister only one nomination in respect of each appointment to be made by the Minister.

 (3) Where the Committee proposes to nominate a person for appointment as a member of the Corporation, the Presiding Member shall cause to be prepared and attached to the nomination a statement setting out:

 (a) details of the person’s qualifications and experience; and

 (b) such other information relating to the person as the Committee thinks will assist the Minister in considering whether to appoint the person.

 (4) The Committee may nominate a person for appointment even though the Minister has previously rejected a nomination of that person or the Committee has previously decided not to nominate the person for appointment.

 (5) In selecting persons for nomination for appointment as members of the Corporation, the Committee shall choose from the available candidates such persons as will best ensure that the members of the Corporation collectively possess qualifications and experience in all the fields of activity referred to in paragraphs 10(5)(a) to (d) (inclusive).

41  Minister may reject nominations

  Where the Minister is not satisfied that a person nominated by the Committee for appointment as a member of the Corporation should be appointed as such a member, the Minister may, by notice in writing given to the Presiding Member, reject the nomination and may include in that notice a further request under section 38 for a nomination of a person for appointment to the office concerned.

42  Membership of Committee

 (1) The Committee shall consist of 4 members, namely:

 (a) the Presiding Member;

 (b) 2 members nominated by the Pork Council of Australia; and

 (c) 1 member nominated by the AFC Processed Meats Forum.

 (2) A member of the Committee shall be appointed by the Minister and, subject to this Act, holds office on a part-time basis for such period, not exceeding 3 years, as is specified in the instrument of appointment.

 (3) A person who is a member of the Corporation is not eligible to be appointed as a member of the Committee.

 (4) The members of the Committee hold office on such terms and conditions (if any) in respect of matters not provided for by this Act as are determined by the Minister by instrument in writing.

 (5) The appointment of a member of the Committee is not invalid on the ground of a defect or irregularity in connection with the member’s nomination or appointment.

 (6) The exercise of a power or the performance of a function by the Committee is not invalidated by reason only of:

 (a) the number of members falling below 4 for a period of not more than 6 months; or

 (b) there being a vacancy in the office of Presiding Member.

43  Remuneration and allowances of members of Committee

 (1) A member of the Committee shall be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration by the Tribunal is in operation, the member shall be paid such remuneration as is prescribed.

 (2) A member of the Committee shall be paid such allowances as are prescribed.

 (3) This section has effect subject to the Remuneration Tribunal Act 1973, other than subsections 7(9) and (13) of that Act.

44  Leave of absence

 (1) The Minister may grant leave of absence to the Presiding Member from a meeting of the Committee.

 (2) The Presiding Member may grant leave of absence to another member of the Committee from a meeting of the Committee.

45  Resignation

  A member of the Committee may resign from office by writing signed by the member and delivered to the Minister.

46  Termination of appointments

 (1) The Minister may terminate the appointment of the Presiding Member at any time.

 (2) The Minister shall, at the request of the Pork Council of Australia, terminate the appointment of a member of the Committee referred to in paragraph 42(1)(b).

 (3) The Minister shall, at the request of the AFC Processed Meats Forum, terminate the appointment of the member of the Committee referred to in paragraph 42(1)(c).

 (4) The Minister may terminate the appointment of a member of the Committee for misbehaviour or physical or mental incapacity.

 (5) If a member of the Committee:

 (a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit;

 (b) fails, without reasonable excuse, to comply with section 47; or

 (c) is absent, without leave of absence under section 44, from 3 consecutive meetings of the Committee;

the Minister shall terminate the appointment of the member of the Committee.

47  Disclosure of interests by members of Committee

 (1) A member of the Committee who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the Committee shall, as soon as possible after the relevant facts have come to the knowledge of the member, disclose the nature of that interest at a meeting of the Committee.

 (2) A disclosure under subsection (1) shall be recorded in the minutes of the meeting of the Committee and the member shall not, unless the Committee otherwise determines:

 (a) be present during any deliberation of the Committee with respect to that matter; or

 (b) take part in any decision of the Committee with respect to that matter.

 (3) For the purpose of the making of a determination by the Committee under subsection (2) in relation to a member who has made a disclosure under subsection (1), a member who has a direct or indirect pecuniary interest in the matter to which the disclosure relates shall not:

 (a) be present during any deliberation of the Committee for the purpose of making the determination; or

 (b) take part in the making by the Committee of the determination.

 (4) A member of the Committee who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the Committee in accordance with section 49 shall, as soon as practicable after the relevant facts have come to the knowledge of the member, disclose the nature of that interest to the Minister.

 (5) A member of the Committee who is required to make a disclosure under subsection (4) with respect to a matter shall not, unless the Minister otherwise determines, sign a document with respect to that matter in accordance with section 49.

 (6) This section does not apply to a pecuniary interest of a member of the Committee who is a principal in the industry, being an interest that the member of the Committee has by reason of being a principal in the industry and in common with other principals in the industry.

 (7) In this section, principal in the industry means a pig producer, pig exporter, pork processor, pork producer or pork exporter.

48  Meetings of Committee

 (1) Meetings of the Committee shall be held at such times and places as the Committee from time to time determines.

 (2) A meeting of the Committee may be convened by the Presiding Member.

 (3) At a meeting of the Committee, 3 members of the Committee constitute a quorum.

 (4) The Presiding Member shall preside at all meetings of the Committee at which the Presiding Member is present.

 (5) If the Presiding Member is not present at a meeting of the Committee, the members of the Committee present shall appoint one of their number to preside at the meeting.

 (6) A question arising at a meeting of the Committee shall be decided by a majority of the votes of the members of the Committee present and voting.

 (7) The member of the Committee presiding at a meeting of the Committee has a deliberative vote and, in the event of an equality of votes, also has a casting vote.

 (8) The Committee shall keep minutes of its proceedings.

49  Resolutions without meetings

  Where:

 (a) a copy of a document setting out a proposed resolution of the Committee comes into the possession of 3 members of the Committee; and

 (b) all of those members sign a copy of the document;

  a resolution of the Committee in the terms set out in the document shall be deemed to have been passed at a meeting of the Committee on the day on which the copies of the document were signed or, if the members of the Committee who signed the copies of the document did not sign on the same day, on the latest day on which a copy of the document was signed by such a member.

50  Staff and consultants

 (1) The Presiding Member may, on behalf of the Committee, engage persons to perform administrative and clerical services in connection with the performance of its functions.

 (2) The Presiding Member may, on behalf of the Committee, engage persons having suitable qualifications and experience as consultants to the Committee to assist the Committee in identifying persons suitable for nomination to the Minister.

 (3) The terms and conditions of engagement of persons engaged under subsection (1) or (2) shall be such as are determined by the Committee.

51  Liability to taxation

 (1) The Committee is subject to taxation (other than income tax) under the laws of the Commonwealth.

 (2) Subject to subsection (3), the Committee is not subject to taxation under a law of a State or Territory.

 (3) The regulations may provide that subsection (2) does not apply in relation to taxation under a specified law.

Part IV—Miscellaneous

72  Regulations

  The Governor-General may make regulations, not inconsistent with this Act, prescribing matters:

 (a) required or permitted by this Act to be prescribed; or

 (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.

Notes to the Pig Industry Act 1986

Note 1

The Pig Industry Act 1986 as shown in this consolidation comprises Act No. 157, 1986 amended as indicated in the Tables below.

Table of Acts

(a) The Pig Industry Act 1986 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act 1987, subsection 2(1) of which provides as follows:

 (1) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent.

(b) The Pig Industry Act 1986 was amended by Schedule 2 (items 86, 87) and Schedule 4 (items 119, 120) only of the Statute Law Revision Act 1996, subsections 2(1) and (2) of which provide as follows:

 (1) Subject to subsections (2) and (3) this Act commences on the day on which it receives the Royal Assent.

 (2) Each item in Schedule 2 commences or is taken to have commenced (as the case requires) at the time specified in the note at the end of the item.

Items 86 and 87 are taken to have commenced immediately after the commencement of sections 10 and 11 of the Primary Industries Legislation Amendment Act 1993.

Sections 10 and 11 commenced on 20 September 1993.

(c) The Pig Industry Act 1986 was amended by Schedule 2 (items 1071-1086) only of the Audit (Transitional and Miscellaneous) Amendment Act 1997, subsection 2(2) of which provides as follows:

 (2)  Schedules 1, 2 and 4 commence on the same day as the Financial Management and Accountability Act 1997.

(d) The Pig Industry Act 1986 was amended by Schedule 7 only of the Primary Industries Levies and Charges (Consequential Amendments) Act 1999, subsection 2(1) of which provides as follows:

 (1) Subject to this section, this Act commences on the commencement of section 1 of the Primary Industries (Excise) Levies Act 1999.

(e) The Pig Industry Act 1986 was amended by Schedule 10 (items 108 and 109) only of the Corporate Law Economic Reform Program Act 1999, subsection 2(2)(c) of which provides as follows:

 (2) The following provisions commence on a day or days to be fixed by Proclamation:

 (c) the items in Schedules 10, 11 and 12.

Table of Amendments