AUSTRALIAN DRIED FRUITS CORPORATION ACT 1978 [Note: This Act is "repealed" by Act No. 42 of 1991]
(#DATE 31:01:1984)
Compilation Information
- Reprinted as at 31 January 1984
*1* The Australian Dried Fruits Corporation Act 1978 as shown in this reprint
comprises Act No. 193, 1978 amended as indicated in the Tables below.
Table of Acts
-----------------------------------------------------------------------------
Application,
saving
Number Date Date of or
transitional
Act and year of Assent commencement
provisions
-----------------------------------------------------------------------------
Australian Dried
Fruits Corporation
Act 1978 193, 1978 6 Dec
1978 1 Jan 1979
Export Control
(Miscellaneous
Amendments) Act
1982 48, 1982 9 June
1982 1 Jan 1983 (see
s. 2 and Gazette
1982, No. G48, p.
2) -
Statute Law
(Miscellaneous
Amendments) Act
(No. 2) 1982 80, 1982 22 Sept
1982 Part X (ss. 23
and 24): 20 Oct
1982 (a) -
-----------------------------------------------------------------------------
(a) The Australian Dried Fruits Corporation Act 1978 was amended by Part X
(sections 23 and 24) only of the Statute Law (Miscellaneous Amendments) Act
(No. 2) 1982, sub-section 2 (16) of which provides that Part X shall come into
operation on the twenty-eighth day after Royal Assent.
Table of Amendments
ad. = added or inserted am. = amended rep. =
repealed rs. = repealed and substituted
-----------------------------------------------------------------------------
Provision affected How affected
-----------------------------------------------------------------------------
S. 18 . . . . . . . . rs. No. 80, 1982
S. 38 . . . . . . . . rs. No. 48, 1982
-----------------------------------------------------------------------------
AUSTRALIAN DRIED FRUITS CORPORATION ACT 1978 - TABLE OF PROVISIONS
TABLE
TABLE OF PROVISIONS
PART I-PRELIMINARY
Section
1. Short title
2. Commencement
3. Repeal and savings
4. Interpretation
PART II-ESTABLISHMENT, FUNCTIONS AND POWERS OF THE
AUSTRALIAN DRIED FRUITS CORPORATION
5. Australian Dried Fruits Corporation
6. Functions of Corporation
7. Powers generally
8. Control of quantities of dried fruit for export
9. Corporation may accept control of dried fruit intended for export
10. Powers of Corporation with respect to dried fruit placed under its
control
11. Contracts for carriage of dried fruit
12. Other powers
13. Committees
PART III-CONSTITUTION AND MEETINGS OF THE CORPORATION
14. Nature of Corporation
15. Membership of Corporation
16. Term of office of members
17. Acting Chairman
18. Deputies of members
19. Remuneration and allowances
20. Leave of absence
21. Resignation of members
22. Termination of appointments
23. Meetings of Corporation
PART IV-STAFF
24. Officers and employees
25. Officers and employees of Board
26. Rights of public servants appointed or employed under this Act
PART V-FINANCE
27. Payments to Corporation
28. Borrowing
29. Bank accounts
30. Application of moneys of Corporation
31. Proper accounts to be kept
32. Audit
33. Liability to taxation
PART VI-MISCELLANEOUS
34. Corporation may require information
35. Delegation
36. Annual report and financial statements
37. Offences
38. Operation of certain laws not restricted
39. Regulations
AUSTRALIAN DRIED FRUITS CORPORATION ACT 1978 - LONG TITLE
SECT
An Act to establish an Australian Dried Fruits Corporation, and for related
purposes
AUSTRALIAN DRIED FRUITS CORPORATION ACT 1978 - PART I
PART I-PRELIMINARY
AUSTRALIAN DRIED FRUITS CORPORATION ACT 1978 - SECT 1
Short title
SECT
1. This Act may be cited as the Australian Dried Fruits Corporation Act
1978.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
AUSTRALIAN DRIED FRUITS CORPORATION ACT 1978 - SECT 2
Commencement
SECT
2. This Act shall come into operation on 1 January 1979.
AUSTRALIAN DRIED FRUITS CORPORATION ACT 1978 - SECT 3
Repeal and savings
SECT
3. (1) The following Acts are repealed:
Dried Fruits Export Control Act 1924;
Dried Fruits Export Control Act 1930;
Dried Fruits Export Control Act 1935;
Dried Fruits Export Control Act 1937;
Dried Fruits Export Control Act 1938;
Dried Fruits Export Control Act 1952;
Dried Fruits Export Control Act 1953;
Dried Fruits Export Control ACt 1964.
(2) Upon the commencing date-
(a) any rights, property or assets that, immediately before that date, were
vested in the Board are, by force of this sub-section, vested in the
Corporation; and
(b) the Corporation becomes, by force of this sub-section, liable to pay
and discharge any debts, liabilities or obligations of the Board that existed
immediately before that date.
(3) An arrangement or contract entered into by or on behalf of the Board as
a party and in force immediately before the commencing date continues in
force, notwithstanding the repeal of the Acts specified in sub-section (1),
but that arrangement or contract has effect, on and after the commencing date,
as if-
(a) the Corporation were substituted for the Board as a party to the
arrangement or contract; and
(b) any reference in the arrangement or contract to the Board were (except
in relation to matters that occurred before that date) a reference to the
Corporation.
(4) Unless the contrary intention appears, a reference to the Board in any
other Act or in any regulations made under an Act shall, in respect of any
time on or after the commencing date, be read as a reference to the
Corporation.
(5) An instrument or document that the Secretary to the Department of
Primary Industry or an officer of that Department authorized by him in writing
for the purpose of this sub-section certifies to have been made, executed or
given by reason of, or for a purpose connected with or arising out of, the
operation of this section is not liable to stamp duty or other tax under a law
of the Commonwealth or of a State or Territory.
(6) Where, immediately before the commencing date, proceedings to which the
Board was a party were pending in any court, the Corporation is, by force of
this sub-section, substituted for the Board as a party to the proceedings and
has the same rights in the proceedings as the party for which it is
substituted.
(7) The Corporation shall, as soon as practicable after the commencing date,
prepare and furnish to the Minister a report of the operations of the Board
during the period that commenced on 1 July 1978 and ended immediately before
the commencing date (in sub-section (8) referred to as the "final period"),
together with financial statements in respect of that period in such form as
the Minister for Finance approves.
(8) Before furnishing the financial statements to the Minister, the
Corporation shall submit them to the Auditor-General, who shall report to the
Minister-
(a) whether, in his opinion, the statements are based on proper accounts
and records;
(b) whether, in his opinion, the statements are in agreement with the
accounts and records and show fairly the financial operations and state of
affairs of the Board;
(c) whether, in his opinion, the receipt, expenditure and investment of
moneys, and the acquisition and disposal of assets, by the Board during the
final period have been in accordance with the Acts repealed by sub-section
(1); and
(d) as to such other matters arising out of the statements as the
Auditor-General considers should be reported to the Minister.
(9) The Minister shall cause copies of the report and financial statements
referred to in sub-section (7), together with a copy of the report of the
Auditor-General, to be laid before each House of the Parliament within 15
sitting days of that House after their receipt by the Minister.
(10) The persons who, immediately before the commencing date, were members
of the Board shall furnish to the Corporation such information as is necessary
to enable the Corporation to prepare the report and financial statements
referred to in sub-section (7).
AUSTRALIAN DRIED FRUITS CORPORATION ACT 1978 - SECT 4
Interpretation
SECT
4. In this Act, unless the contrary intention appears-
"approved bank" means a trading bank as defined by sub-section 5 (1) of the
Banking Act 1959 or another bank approved by the Treasurer;
"Association" means the body known as The Australian Dried Fruits
Association;
"Board" means the Australian Dried Fruits Control Board referred to in
section 4 of the Dried Fruits Export Control Act 1924;
"Chairman" means the Chairman of the Corporation;
"commencing date" means 1 January 1979;
"Corporation" means the Australian Dried Fruits Corporation established by
section 5;
"dried fruit" has the same meaning as in the Dried Vine Fruits Equalization
Act 1978;
"member" means a member of the Corporation;
"season" has the same meaning as in the Dried Vine Fruits Equalization Act
1978.
AUSTRALIAN DRIED FRUITS CORPORATION ACT 1978 - PART II
PART II-ESTABLISHMENT, FUNCTIONS AND POWERS OF THE AUSTRALIAN DRIED
FRUITS CORPORATION
AUSTRALIAN DRIED FRUITS CORPORATION ACT 1978 - SECT 5
Australian Dried Fruits Corporation
SECT
5. There is established by this section a Corporation by the name of the
Australian Dried Fruits Corporation.
AUSTRALIAN DRIED FRUITS CORPORATION ACT 1978 - SECT 6
Functions of Corporation
SECT
6. The functions of the Corporation are-
(a) to promote and control the export of dried fruit from Australia;
(b) to promote and control the sale and distribution, after export, of
Australian dried fruit;
(c) to encourage and promote the consumption of Australian dried fruit
outside Australia; and
(d) such other functions, in connection with dried fruit, as are conferred
on the Corporation by this Act or the regulations.
AUSTRALIAN DRIED FRUITS CORPORATION ACT 1978 - SECT 7
Powers generally
SECT
7. (1) Subject to sub-section (2), 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 and, in particular, without limiting the
generality of the foregoing, the Corporation may-
(a) make recommendations to the Minister in relation to the export from
Australia of dried fruit, and the sale and distribution of Australian dried
fruit after export, including recommendations in respect of-
(i) the terms and conditions of the export of dried fruit;
(ii) the persons who may be permitted to engage in the export of dried
fruit;
(iii) the packaging and labelling of dried fruit for export; and
(iv) the quality, standards and grading, for export, of dried fruit or
of any kind of dried fruit;
(b) engage, or make other arrangements with, persons, organizations or
companies to perform work, or act as agent, for the Corporation, whether in
Australia or overseas; and
(c) with the approval, in writing, of the Minister and subject to such
conditions (if any) as are specified in the instrument of approval, buy and
sell and otherwise engage in trade in dried fruit and do all things necessary
or convenient for engaging in that trade.
(2) Except with the approval of the Minister, the Corporation shall not
enter into a contract or agreement in connection with the purchase of real or
personal property, not being dried fruit, for an amount exceeding $100,000,
or, if a higher amount is prescribed for the purposes of this sub-section,
that higher amount.
AUSTRALIAN DRIED FRUITS CORPORATION ACT 1978 - SECT 8
Control of quantities of dried fruit for export
SECT
8. (1) The Corporation may, at any time during a season, determine the
quantity of dried fruit, or of a particular kind of dried fruit, produced in
all States in that season that may be exported to a particular port,
particular country or particular countries.
(2) Where, in a season, a determination is made under sub-section (1) in
relation to a port, country or countries, the Corporation may, at the same
time or at a later time during that season, determine, in respect of each
State, the quantity of dried fruit, or of a particular kind of dried fruit,
produced in the State in that season that may be exported to that port, that
country or those countries, but so that the total of the quantities determined
under this sub-section equals the quantity specified in the determination
under sub-section (1).
(3) The Corporation may, at any time during a season, determine the quantity
of dried fruit, or of a particular kind of dried fruit, produced in that
season that may be exported from a particular port.
(4) Before making a determination under this section, the Corporation shall
consult the Association.
(5) The Corporation shall not exercise its powers under this section in a
manner that gives preference to one State or any part of one State over
another State or any part of another State.
(6) The Corporation shall not exercise its powers under the regulations in a
manner that is inconsistent with a determination under sub-section (1), (2) or
(3).
AUSTRALIAN DRIED FRUITS CORPORATION ACT 1978 - SECT 9
Corporation may accept control of dried fruit intended for export
SECT
9. The Corporation may, with the approval, in writing, of the Minister and
subject to such conditions (if any) as are specified in the instrument of
approval, accept control of any dried fruit placed under its control for the
purposes of this Act.
AUSTRALIAN DRIED FRUITS CORPORATION ACT 1978 - SECT 10
Powers of Corporation with respect to dried fruit placed under its control
SECT
10. (1) Subject to any conditions imposed by the Minister under section 9,
the Corporation shall, with respect to any dried fruit placed under its
control, have full authority to make such arrangements and give such
directions as it thinks fit for the following matters:
(a) the handling, marketing and storage of the dried fruit;
(b) the carriage of the dried fruit on such terms and in such quantities as
it thinks fit;
(c) the sale and disposal of the dried fruit on such terms as it thinks
fit;
(d) the insurance against loss of the dried fruit either in Australia or in
transit from Australia and until disposed of; and
(e) all such matters as are necessary for the due discharge of its
functions in handling, distributing and disposing of the dried fruit.
(2) For the purpose of securing any advances made to the Corporation, or, at
the request of the Corporation, to the owner of any dried fruit placed under
the control of the Corporation, the Corporation shall, by virtue of this Act
and without further authority, but subject to any conditions imposed by the
Minister under section 9, have full power, on behalf of the owner of the dried
fruit, to give security over the dried fruit and to execute all mortgages and
other instruments of assurance in the same manner in all respects as if the
Corporation were the legal owner of the dried fruit.
AUSTRALIAN DRIED FRUITS CORPORATION ACT 1978 - SECT 11
Contracts for carriage of dried fruit
SECT
11. (1) The Corporation may, by notice in the Gazette, approve a person as a
carrier for the purposes of the carriage of dried fruit to a place outside
Australia specified in the notice.
(2) The Corporation may, by notice in the Gazette, determine that a
contract, or a contract included in a class of contracts, for the carriage of
dried fruit to a place outside Australia specified in the notice shall be in
conformity with the conditions (if any) approved by the Corporation.
(3) While an approval under sub-section (1) is in force in relation to a
place outside Australia, a person shall not enter into a contract with another
person for the carriage by that other person of dried fruit to that place
unless that other person is approved under that sub-section in relation to
that place.
Penalty: $1,000.
(4) A person other than the Corporation shall not enter into a contract with
another person for the carriage by that other person of dried fruit to a place
outside Australia in relation to which a notice under sub-section (2) is in
force unless the contract is in conformity with such conditions (if any) as
are approved by the Corporation in relation to that contract or contracts of
the class in which that contract is included.
Penalty: $1,000.
(5) Sub-section (3) does not apply to the Corporation acting on its own
behalf or as the agent of the owner of the dried fruit or of a person having
authority to export the dried fruit.
(6) A collector or officer for the purposes of the Customs Act 1901 may
require a person who seeks to export dried fruit from Australia, on making
entry of the dried fruit under that Act and before the entry has been passed,
to satisfy him that the contract for the carriage of the dried fruit is in
conformity with the conditions (if any) approved by the Corporation in
relation to that contract or contracts of the class in which that contract is
included, and the Collector or other officer may decline to pass the entry
until that person has so satisfied him.
AUSTRALIAN DRIED FRUITS CORPORATION ACT 1978 - SECT 12
Other powers
SECT
12. Without limiting the generality of section 7, the Corporation may enter
into arrangements or agreements with persons, authorities or organizations in
Australia or elsewhere, or, with the consent of the Minister, with a State,
for the purposes of the Corporation.
AUSTRALIAN DRIED FRUITS CORPORATION ACT 1978 - SECT 13
Committees
SECT
13. (1) The Corporation may appoint a committee to assist the Corporation in
relation to a matter.
(2) A committee appointed under this section shall consist of such persons,
whether members of the Corporation or not, as the Corporation thinks fit.
AUSTRALIAN DRIED FRUITS CORPORATION ACT 1978 - PART III
PART III-CONSTITUTION AND MEETINGS OF THE CORPORATION
AUSTRALIAN DRIED FRUITS CORPORATION ACT 1978 - SECT 14
Nature of Corporation
SECT
14. (1) 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.
(2) All courts, judges and persons acting judicially shall take judicial
notice of the common seal of the Corporation as fixed to a document and shall
presume that it was duly affixed.
AUSTRALIAN DRIED FRUITS CORPORATION ACT 1978 - SECT 15
Membership of Corporation
SECT
15. (1) The Corporation shall consist of 8 members, namely-
(a) the Chairman;
(b) 4 members to represent Australian producers of dried fruit;
(c) 1 member to represent the Commonwealth; and
(d) 2 other members.
(2) The members shall be appointed by the Minister.
(3) The members shall be appointed as part-time members.
(4) Each member referred to in paragraph (1) (b) shall be a person chosen by
the Minister from among persons whose names are included in a list of names
submitted to him by the Association.
(5) Before appointing a member referred to in paragraph (1) (d), the
Minister shall consult the Association and any other bodies that the Minister
considers appropriate.
(6) Each member referred to in paragraph (1) (d) shall be a person specially
qualified for appointment-
(a) by reason of experience in marketing, or in promoting the sale of,
dried fruit or other products; or
(b) by reason of other experience in commerce, finance, economics, science
or industrial matters.
(7) The performance of the functions or the exercise of the powers of the
Corporation is not affected by reason of there being a vacancy or vacancies in
the membership of the Corporation.
(8) The appointment of a member is not invalidated, and shall not be called
in question, by reason of a deficiency or irregularity in, or in connection
with, his selection or appointment.
AUSTRALIAN DRIED FRUITS CORPORATION ACT 1978 - SECT 16
Term of office of members
SECT
16. (1) Subject to sub-section (2), a member shall be appointed for a period
of 3 years, but is eligible for re-appointment.
(2) If a member ceases to hold office before the expiration of the period of
his appointment, another person may, in accordance with this Part, be
appointed in his place until the expiration of the period.
AUSTRALIAN DRIED FRUITS CORPORATION ACT 1978 - SECT 17
Acting Chairman
SECT
17. (1) At any time when the office of Chairman is vacant, or the Chairman
is, or is expected to be, absent from Australia or not available to perform
the duties of his office, the Corporation may appoint another member to act as
Chairman until the filling of the vacancy, or during the period during which
the Chairman is so absent or not available, as the case may be.
(2) The member appointed to act as Chairman under sub-section (1) has, when
acting as Chairman, all the powers, functions and duties conferred by this Act
on the Chairman.
(3) An appointment of a member to act as Chairman under sub-section (1), and
any act done by a member so appointed, shall not be questioned in any
proceedings on the ground that the occasion for his appointment had not arisen
or had ceased.
AUSTRALIAN DRIED FRUITS CORPORATION ACT 1978 - SECT 18
Deputies of members
SECT
18. (1) The Minister may, if requested by the Corporation so to do, appoint
a person recommended by the Corporation to be the deputy of a member other
than the Chairman or the member representing the Commonwealth.
(2) The Minister may appoint a person to be the deputy of the member
representing the Commonwealth.
(3) The Minister may, at any time, revoke the appointment of a person as the
deputy of a member and shall revoke such an appointment if the deputy fails,
without reasonable excuse, to comply with his obligations under sub-section 22
(3) or (5).
(4) The deputy of a member may resign his office by writing signed by him
and delivered to the Minister.
(5) The deputy of a member is entitled, in the event of the absence of the
member from a meeting of the Corporation, to attend that meeting and, when so
attending, shall be deemed to be a member of the Corporation.
(6) The appointment of a person as the deputy of a member is not
invalidated, and shall not be called into question, by reason of a defect or
irregularity in or in connection with his appointment.
AUSTRALIAN DRIED FRUITS CORPORATION ACT 1978 - SECT 19
Remuneration and allowances
SECT
19. (1) Subject to this section-
(a) a member of the Corporation or a deputy of a member of the Corporation;
or
(b) a member of a committee established by the Corporation under section
13,
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,
he shall be paid such remuneration as is prescribed.
(2) A member referred to in sub-section (1) shall be paid such allowances as
are prescribed.
(3) This section has effect subject to the Remuneration Tribunals Act 1973.
(4) If a member referred to in sub-section (1) is also a member of, or is a
candidate for election to, the Parliament of the Commonwealth or of a State,
he is not entitled to be paid any remuneration or allowances under sub-section
(1) or (2), but shall be reimbursed such expenses as he reasonably incurs by
reason of his attendance at meetings of the Corporation or of a committee
established under section 13 of which he is a member, as the case may be, or
of his engagement (whether in Australia or overseas), with the approval of the
Corporation, on business of the Corporation or of such a committee.
AUSTRALIAN DRIED FRUITS CORPORATION ACT 1978 - SECT 20
Leave of absence
SECT
20. The Minister may grant leave of absence to a member upon such terms and
conditions as to remuneration or otherwise as the Minister determines.
AUSTRALIAN DRIED FRUITS CORPORATION ACT 1978 - SECT 21
Resignation of members
SECT
21. A member may resign his office by writing under his hand delivered to
the Minister.
AUSTRALIAN DRIED FRUITS CORPORATION ACT 1978 - SECT 22
Termination of appointments
SECT
22. (1) The Minister may terminate the appointment of a member by reason of
the misbehaviour, or the physical or mental incapacity, of the member.
(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 creditors or makes an
assignment of his remuneration for their benefit;
(b) fails to comply with his obligations under sub-section (3) or (5); or
(c) not being the member representing the Commonwealth, is absent from 3
consecutive meetings of the Corporation otherwise than-
(i) on business of the Corporation undertaken with the approval of the
Corporation; or
(ii) on leave of absence granted under section 20,
the Minister shall terminate the appointment of the member.
(3) A member who has a direct or indirect pecuniary interest in a matter
being considered or about to be considered by the Corporation, otherwise than
as a member of, and in common with the other members of, an incorporated
company which consists of more than 25 persons and of which he is not a
director, shall, as soon as possible after the relevant facts have come to his
knowledge, disclose the nature of his interest at a meeting of the
Corporation.
(4) A disclosure under sub-section (3) shall be recorded in the minutes of
the Corporation.
(5) Where a matter in respect of which a disclosure has been made to the
Corporation by a member under sub-section (3) is being considered, or is about
to be considered, at a meeting of the Corporation, except by leave of the
members present at the meeting who do not have any direct or indirect
pecuniary interest in the matter, the member-
(a) shall not take part in any deliberation or decision of the Corporation
with respect to the matter; and
(b) shall be disregarded for the purpose of constituting a quorum of the
Corporation for any such deliberation or decision.
(6) The provisions of sub-sections (2), (3), (4) and (5) apply to and in
relation to a deputy of a member in like manner as they apply to and in
relation to a member.
AUSTRALIAN DRIED FRUITS CORPORATION ACT 1978 - SECT 23
Meetings of Corporation
SECT
23. (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 Chairman may at any time convene a meeting of the Corporation.
(3) If the Chairman is absent from Australia or is not available to perform
the duties of his office, or the office of Chairman is vacant, another member
may convene a meeting of the Corporation for the purpose of appointing a
member under sub-section 17 (1) to act as Chairman.
(4) At a meeting of the Corporation, 6 members constitute a quorum.
(5) The Chairman shall preside at all meetings of the Corporation at which
he is present.
(6) In the event of the absence of the Chairman from a meeting of the
Corporation, the member (if any) acting as Chairman by virtue of sub-section
17 (1) shall preside at the meeting or, if there is no member so acting, 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 a record of its proceedings.
(10) The Corporation may invite a person to attend a meeting of the
Corporation for the purpose of advising or informing the Corporation on any
matter.
(11) Subject to the preceding provisions of this section, the procedure at
meetings of the Corporation shall be as determined by the Corporation.
AUSTRALIAN DRIED FRUITS CORPORATION ACT 1978 - PART IV
PART IV-STAFF
AUSTRALIAN DRIED FRUITS CORPORATION ACT 1978 - SECT 24
Officers and employees
SECT
24. (1) The Corporation may appoint such officers or engage such employees
as it thinks necessary for the purposes of this Act.
(2) The terms and conditions of service or employment (in respect of matters
not provided for by this Act) of persons appointed or engaged under this
section are such as are, subject to the approval of the Public Service Board,
determined by the Corporation.
AUSTRALIAN DRIED FRUITS CORPORATION ACT 1978 - SECT 25
Officers and employees of Board
SECT
25. (1) A person who, immediately before the commencing date, was employed
by the Board shall, from and including that date, be, by force of this
section, in the employment of the Corporation on the same terms and conditions
as were applicable to him immediately before that date until he is appointed
as an officer, or engaged as an employee, of the Corporation or his employment
under this sub-section ceases in accordance with those terms and conditions,
whether by his resignation or otherwise.
(2) The Corporation shall, as soon as practicable after the commencing date,
appoint as an officer, or engage as an employee, of the Corporation, under
section 24, each person referred to in sub-section (1) whose employment under
that sub-section has not ceased, and the terms and conditions of employment
determined by the Corporation in relation to a person so appointed or engaged
shall be not less favourable than the terms and conditions of employment
applicable to him immediately before he is appointed or engaged.
AUSTRALIAN DRIED FRUITS CORPORATION ACT 1978 - SECT 26
Rights of public servants appointed or employed under this Act
SECT
26. (1) Where an officer or employee of the Corporation was, immediately
before his appointment or engagement by the Corporation under section 24, an
officer of the Australian Public Service or a person to whom the Officers'
Rights Declaration Act 1928*2* applied-
(a) he retains his existing and accruing rights;
(b) for the purpose of determining those rights, his service under this Act
shall be taken into account as if it were service in the Australian Public
Service; and
(c) that Act applies as if this Act and this section had been specified in
the Schedule to that Act.
(2) Where the Officers' Rights Declaration Act 1928*2* applied to a person
referred to in sub-section 25 (1) immediately before the commencing date, that
Act continues, by force of this sub-section, to apply to that person after the
commencing date until he is appointed as an officer, or engaged as an
employee, of the Corporation under sub-section 24 (1) or his employment under
sub-section 25 (1) ceases in accordance with the terms and conditions of that
employment, whether by his resignation or otherwise.
*2* S. 26-The Officers' Rights Declaration Act 1928 was repealed by the Public
Service Amendment Act 1978 (No. 170, 1978).
AUSTRALIAN DRIED FRUITS CORPORATION ACT 1978 - PART V
PART V-FINANCE
AUSTRALIAN DRIED FRUITS CORPORATION ACT 1978 - SECT 27
Payments to Corporation
SECT
27. There shall be paid to the Corporation out of the Consolidated Revenue
Fund, which is appropriated accordingly, amounts equal to the amounts of levy
received by the Commonwealth by virtue of the Dried Fruits Export Charges Act
1924.
AUSTRALIAN DRIED FRUITS CORPORATION ACT 1978 - SECT 28
Borrowing
SECT
28. (1) The Corporation may, with the approval of the Treasurer-
(a) borrow moneys for the purpose of-
(i) performing its function of promoting the export of dried fruit from
Australia;
(ii) performing its function of promoting the sale and distribution,
after export, of Australian dried fruit;
(iii) performing its function of promoting the consumption of Australian
dried fruit outside Australia; or
(iv) exercising its power to engage in trade; and
(b) give security over the whole or any part of its assets for the
repayment of amounts borrowed under this section and the payment of interest
on amounts so borrowed.
(2) The Treasurer may, on behalf of the Commonwealth, guarantee the
repayment of amounts borrowed under this section and the payment of interest
on amounts so borrowed.
(3) The Corporation shall not borrow moneys except in accordance with this
section.
AUSTRALIAN DRIED FRUITS CORPORATION ACT 1978 - SECT 29
Bank accounts
SECT
29. (1) The Corporation may open and maintain an account or accounts with an
approved bank or approved banks and shall maintain at all times at least one
such account.
(2) The Corporation shall pay all moneys received by it into an account
referred to in sub-section (1).
AUSTRALIAN DRIED FRUITS CORPORATION ACT 1978 - SECT 30
Application of moneys of Corporation
SECT
30. (1) Subject to sub-section (2), the moneys 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;
(b) in payment of any remuneration or allowances, or reimbursement of
expenses, payable under this Act;
(c) in satisfaction or payment of any liabilities, costs, charges or
expenses incurred by the Board under the Acts repealed by sub-section 3 (1)
before the commencing date but not satisfied or paid before that date;
(d) in making any other payments that the Corporation is authorized or
required to make under this Act; and
(e) in payment of any expenses arising out of anything done by the
Corporation under the Dried Vine Fruits Equalization Act 1978.
(2) Moneys of the Corporation not immediately required for the purposes of
the Corporation may be invested-
(a) in securities of, or guaranteed by, the Commonwealth or a State;
(b) on deposit with an approved bank; or
(c) in any other manner approved by the Treasurer.
AUSTRALIAN DRIED FRUITS CORPORATION ACT 1978 - SECT 31
Proper accounts to be kept
SECT
31. The Corporation shall cause to be kept proper accounts and records of
the transactions and affairs of the Corporation in accordance with accounting
principles generally applied in commercial practice and shall do all things
necessary to ensure that all payments out of its moneys are correctly made and
properly authorized and that adequate control is maintained over the assets
of, or in the custody of, the Corporation and over the incurring of
liabilities by the Corporation.
AUSTRALIAN DRIED FRUITS CORPORATION ACT 1978 - SECT 32
Audit
SECT
32. (1) The Auditor-General shall inspect and audit the accounts and records
of financial transactions of the Corporation and records relating to assets
of, or in the custody of, the Corporation, and shall forthwith draw the
attention of the Minister to any irregularity disclosed by the inspection and
audit that is, in the opinion of the Auditor-General, of sufficient importance
to justify his doing so.
(2) The Auditor-General may, at his discretion, dispense with all or any
part of the detailed inspection and audit of any accounts or records referred
to in sub-section (1).
(3) The Auditor-General shall, at least once in each year, report to the
Minister the results of the inspection and audit carried out under sub-section
(1).
(4) The Auditor-General or a person authorized by him is entitled at all
reasonable times to full and free access to all accounts, records, documents
and papers of the Corporation relating directly or indirectly to the receipt
or payment of moneys by the Corporation or to the acquisition, receipt,
custody or disposal of assets by the Corporation.
(5) The Auditor-General or a person authorized by him may make copies of, or
take extracts from, any such accounts, records, documents or papers.
(6) The Auditor-General or a person authorized by him may require any person
to furnish him with such information in the possession of the person, or to
which the person has access, as the Auditor-General or authorized person
considers necessary for the purposes of the functions of the Auditor-General
under this Act, and the person shall comply with the requirement.
(7) A person who contravenes sub-section (6) is guilty of an offence,
punishable, upon conviction, by a fine not exceeding $200.
AUSTRALIAN DRIED FRUITS CORPORATION ACT 1978 - SECT 33
Liability to taxation
SECT
33. (1) The Corporation is subject to taxation (other than income tax) under
the laws of the Commonwealth.
(2) Subject to sub-section (3), the Corporation is not subject to taxation
under a law of a State or Territory.
(3) The regulations may provide that sub-section (2) does not apply in
relation to taxation under a specified law.
AUSTRALIAN DRIED FRUITS CORPORATION ACT 1978 - PART VI
PART VI-MISCELLANEOUS
AUSTRALIAN DRIED FRUITS CORPORATION ACT 1978 - SECT 34
Corporation may require information
SECT
34. (1) The Corporation may, by notice in writing given, or sent by post, to
a person, require the person to furnish, within such time as is specified in
the notice, a return or information, in addition to any other return or
information that he is required to furnish under this Act or any other Act, in
relation to the dried fruit industry or to dried fruit owned by him or under
his control, being a return or information that is, in the opinion of the
Corporation, required to enable it to perform its functions or exercise its
powers under this Act.
(2) A person shall not fail or neglect duly to furnish a return or
information that he is required to furnish by virtue of a notice given, or
sent by post, to him under sub-section (1).
(3) A person shall not furnish to the Corporation a return or information
that he is required to furnish by virtue of a notice given, or sent by post,
to him under sub-section (1) that is false or misleading in a material
particular.
Penalty: $500.
AUSTRALIAN DRIED FRUITS CORPORATION ACT 1978 - SECT 35
Delegation
SECT
35. (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 or to a committee established under section 13, any of its powers under
this Act, other than this power of delegation.
(2) A power so delegated when exercised by the delegate, shall, for the
purposes of this Act, be deemed to have been exercised by the Corporation.
(3) A delegation under this section does not prevent the exercise of a power
by the Corporation.
AUSTRALIAN DRIED FRUITS CORPORATION ACT 1978 - SECT 36
Annual report and financial statements
SECT
36. (1) The Corporation shall, as soon as practicable after 30 June 1980,
and after each succeeding 30 June, prepare and furnish to the Minister a
report of its operations during the year ended on that date, together with
financial statements in respect of that year in such form as the Minister for
Finance approves.
(2) Before furnishing financial statements to the Minister under sub-section
(1), the Corporation shall submit them to the Auditor-General, who shall
report to the Minister-
(a) whether, in his opinion, the statements are based on proper accounts
and records;
(b) whether, in his opinion, the statements are in agreement with the
accounts and records and show fairly the financial transactions and the state
of the affairs of the Corporation;
(c) whether, in his opinion, the receipt, expenditure and investment of
moneys, and the acquisition and disposal of assets, by the Corporation during
the year have been in accordance with this Act; and
(d) as to such other matters arising out of the statements as the
Auditor-General considers should be reported to the Minister.
(3) The Minister shall cause copies of the report and financial statements
together with a copy of the report of the Auditor-General to be laid before
each House of the Parliament within 15 sitting days of that House after their
receipt by the Minister.
(4) In sub-section (1), "year", in relation to 30 June 1980, means the
period commencing on 1 January 1979 and ending on 30 June 1980.
AUSTRALIAN DRIED FRUITS CORPORATION ACT 1978 - SECT 37
Offences
SECT
37. (1) A person shall not export dried fruit from Australia in
contravention of the regulations.
Penalty: $1,000.
(2) A licensee shall not export dried fruit from Australia in contravention
of a condition of his licence.
Penalty: $1,000.
(3) A person shall not give to the Corporation, for the purposes of a
condition of a licence, information that is false in a material particular.
Penalty: $500.
AUSTRALIAN DRIED FRUITS CORPORATION ACT 1978 - SECT 38
Operation of certain laws not restricted
SECT
38. Nothing in this Act or the regulations restricts the operation of the
Customs Act 1901, the Commerce (Trade Descriptions) Act 1905 or the Export
Control Act 1982, or of any regulations made under any one or more of those
Acts.
AUSTRALIAN DRIED FRUITS CORPORATION ACT 1978 - SECT 39
Regulations
SECT
39. (1) The Governor-General may make regulations, not inconsistent with
this Act, prescribing all matters that are required or permitted by this Act
to be prescribed, or are necessary or convenient to be prescribed, for
carrying out or giving effect to this Act and, in particular-
(a) prohibiting the export of dried fruit from Australia except subject to
and in accordance with prescribed conditions, including-
(i) conditions requiring an exporter to be the holder of a licence to
export dried fruit;
(ii) conditions requiring an exporter to be the holder of a certificate
of authority to export in respect of particular exports;
(iii) conditions requiring the purchaser of dried fruit, or the person
to whom dried fruit is consigned as an agent or representative of the
purchaser or exporter in the country to which the dried fruit is consigned, to
be a person approved by the Corporation;
(iv) conditions relating to the price, or form of consignment, of dried
fruit exported; or
(v) conditions relating to the commission charged by exporters;
(b) providing for the grant by the Minister, or a person authorized by him,
of licences to export dried fruit from Australia;
(c) authorizing the Corporation, or a person authorized by it-
(i) to determine prices or other matters for the purposes of the
regulations; or
(ii) to give to the holder of a licence to export dried fruit granted
under the regulations directions with respect to the quantities of dried fruit
that may be exported by the holder of the licence either generally or to
particular places;
(d) requiring persons to furnish returns and information necessary for the
purposes of this Act; and
(e) providing for penalties not exceeding a fine of $200 for offences
against the regulations.
(2) In the exercise of his powers under the regulations the Minister shall
take into account the recommendations of the Corporation.