Federal Register of Legislation - Australian Government

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Canned Fruit (Sales Promotion) Act 1959

Act No. 83 of 1959 as amended, taking into account amendments up to Act No. 163 of 1979
Registered 23 Nov 2009
Start Date 01 Jan 1980
End Date 28 Apr 1982
Date of repeal 28 Apr 1982
Repealed by Canned Fruits Marketing Act 1979

CANNED FRUIT (SALES PROMOTION) ACT 1959 [Note: This Act is "repealed" by Act No. 160 of 1979]
(#DATE 31:07:1981)

Compilation Information

- Reprinted as at 31 July 1981
*1* The Canned Fruit (Sales Promotion) Act 1959 (a) as shown in this reprint
comprises Act No. 83, 1959 as amended by the other Acts specified in the
following table:
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Application,
saving
Number Date Date of or
transitional
Act and year of Assent commencement provisions
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Canned Fruit (Sales
Promotion) Act 1959 83, 1959 2 Dec 1959 2 Dec 1959
Statute Law
Revision Act 1973 216, 1973 19 Dec 1973 31 Dec 1973 Ss. 9 (1) and 10
Canned Fruit (Sales
Promotion)
Amendment Act 1979 163, 1979 29 Nov 1979
Ss. 3, 4, 5 and 8:
1 Jan 1980
Remainder: Royal
Assent S. 8
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(a) This citation is provided for by the Amendments Incorporation Act 1905
and the Acts Citation Act 1976.

CANNED FRUIT (SALES PROMOTION) ACT 1959 - TABLE OF PROVISIONS

TABLE

TABLE OF PROVISIONS


PART I-PRELIMINARY


Section

1. Short title

2. Commencement

3. (Repealed)

4. Interpretation


PART II-ESTABLISHMENT AND CONSTITUTION OF THE AUSTRALIAN
CANNED FRUIT SALES PROMOTION COMMITTEE


5. Australian Canned Fruit Sales Promotion Committee

6. Constitution of Committee

7. Chairman of Committee

8. Meetings of Committee

9. Deputies of members

10. Fees, &c., of members and deputies

11. Executive Sub-committee

12. Meetings of Executive Sub-committee


PART III-FUNCTION AND POWERS OF THE AUSTRALIAN CANNED FRUIT
SALES PROMOTION COMMITTEE


13. Function

14. Powers

15. Power to appoint persons to advise

16. Employment of staff


PART IV-FINANCE


17. Payments out of Consolidated Revenue Fund

18. Application to Committee of Division 3 of Part XI of Audit Act

19. Application of moneys of Committee

20. Liability to taxation

21. (Repealed)


PART V-REGULATIONS


22. Regulations

CANNED FRUIT (SALES PROMOTION) ACT 1959 - LONG TITLE

SECT

An Act relating to the Promotion of the Sale of Canned Fruit

CANNED FRUIT (SALES PROMOTION) ACT 1959 - SECT. 1.
Short title

SECT

PART I-PRELIMINARY

1. This Act may be cited as the Canned Fruit (Sales Promotion) Act 1959.*1*


See notes to first article of this CHAPTER.

CANNED FRUIT (SALES PROMOTION) ACT 1959 - SECT. 2.
Commencement

SECT

2. This Act shall come into operation on the day on which it receives the Royal Assent.*1*


Section 3 repealed by No. 216, 1973, s. 3
* * * * * * * *
See notes to first article of this CHAPTER.

CANNED FRUIT (SALES PROMOTION) ACT 1959 - SECT. 4.
Interpretation

SECT

4. In this Act, unless the contrary intention appears-

''canned fruit'' means canned apricots, canned peaches or canned pears and includes canned fruit not less than fifty-five per centum of the fruit content of which consists of one or more of the fruits specified in this definition;

''the Chairman'' means the Chairman of the Committee;

''the Committee'' means the Australian Canned Fruit Sales Promotion Committee constituted by this Act.


CANNED FRUIT (SALES PROMOTION) ACT 1959 - SECT. 5.
Australian Canned Fruit Sales Promotion Committee

SECT

PART II-ESTABLISHMENT AND CONSTITUTION OF THE AUSTRALIAN CANNED FRUIT
SALES PROMOTION COMMITTEE

5. (1) For the purposes of this Act, there shall be an Australian Canned Fruit Sales Promotion Committee.


(2) The Committee is a body corporate with perpetual succession and a common seal and is capable of acquiring, holding and disposing of real and personal property and suing and being sued in its corporate name.


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


(4) The exercise of the powers of the Committee is not affected by reason only of there being a vacancy in the office of a member of the Committee.


CANNED FRUIT (SALES PROMOTION) ACT 1959 - SECT. 6.
Constitution of Committee

Sub-section (1) amended by No. 163, 1979, s. 3

SECT

6. (1) The Committee shall consist of-

(a) six members to represent the Australian Canning Fruitgrowers Association;

(b) two members to represent the Australian Canned Fruits Corporation;

(c) two members to represent the Australian Canners' Association; and

(d) one member to represent the Commonwealth.


(2) The members of the Committee shall be appointed by the Minister.


(3) The appointment under this section of a member of the Committee (other than the member to represent the Commonwealth) shall be on the nomination of the organization that he is to represent.


(4) The members of the Committee (other than the member representing the Commonwealth) shall hold office for three years but are eligible for re-appointment.


(5) The member of the Committee representing the Commonwealth shall hold office during the pleasure of the Minister.


(6) The Minister may, on the recommendation of the Committee or of the organization on the nomination of which a member was appointed, remove the member from office.


(7) The Minister may, on the death, resignation or removal from office of a member of the Committee, appoint a person to hold the vacant office for the remainder of the period for which the member was appointed.


CANNED FRUIT (SALES PROMOTION) ACT 1959 - SECT. 7.
Chairman of Committee

SECT

7. (1) The Chairman of the Committee shall be elected by the Committee.


(2) The Chairman shall hold office as Chairman for one year but is eligible for re-election.


CANNED FRUIT (SALES PROMOTION) ACT 1959 - SECT. 8.
Meetings of Committee

SECT

8. (1) The Committee shall hold meetings at such times and places as the Committee determines.


(2) The Chairman may at any time convene a meeting of the Committee and shall do so upon the request in writing of not less than four members of the Committee.


(3) The Chairman shall preside at all meetings of the Committee at which he is present.


(4) In the event of the absence of the Chairman from a meeting of the Committee, the members present shall elect one of their number to preside at that meeting.


(5) At a meeting of the Committee six members of the Committee constitute a quorum.


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


(7) The Chairman or other 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.


CANNED FRUIT (SALES PROMOTION) ACT 1959 - SECT. 9.
Deputies of members

SECT

9. (1) The Minister may appoint a person to be the deputy of a member of the Committee during the pleasure of the Minister.


(2) The appointment of a person to be the deputy of a member of the Committee (other than the member representing the Commonwealth) shall be on the nomination of the organization that the member represents.


(3) A person appointed to be the deputy of a member shall, in the event of the absence of the member from a meeting of the Committee, be entitled to attend that meeting and, when so attending, shall be deemed to be a member of the Committee.


(4) A reference in this Act to the Chairman of the Committee shall be construed as not including a reference to the deputy of the Chairman.


CANNED FRUIT (SALES PROMOTION) ACT 1959 - SECT. 10.
Fees, &c., of members and deputies

SECT

10. The members of the Committee and the deputies of members of the Committee shall be paid such fees, allowances and expenses as the Minister determines.


CANNED FRUIT (SALES PROMOTION) ACT 1959 - SECT. 11.
Executive Sub-committee

Sub-section (1) amended by No. 163, 1979, s. 4

SECT

11. (1) The Committee may appoint an Executive Sub-committee consisting of-

(a) the Chairman of the Committee;

(b) two of the members of the Committee representing the Australian Canning Fruitgrowers Association;

(c) one of the members of the Committee representing the Australian Canned Fruits Corporation; and

(d) one of the members of the Committee representing the Australian Canners' Association.


(2) The Committee may, by instrument in writing, delegate to the Executive Sub-committee, either generally or to the extent provided in the instrument of delegation, all or any of its powers under this Act (except this power of delegation) so that the delegated powers may be exercised and performed by the Executive Sub-committee in accordance with the instrument of delegation.


(3) A delegation under this section is revocable at will and does not prevent the exercise of a power by the Committee.


CANNED FRUIT (SALES PROMOTION) ACT 1959 - SECT. 12.
Meetings of Executive Sub-committee

SECT

12. (1) The Executive Sub-committee shall hold meetings at such times and places as the sub-committee determines.


(2) The Chairman may at any time convene a meeting of the Executive Sub-committee.


(3) The Chairman of the Committee shall preside at all meetings of the Executive Sub-committee at which he is present.


(4) In the event of the absence of the Chairman from a meeting of the Executive Sub-committee, the members present shall elect one of their number to preside at that meeting.


(5) At a meeting of the Executive Sub-committee three members of the sub-committee constitute a quorum.


(6) A question arising at a meeting of the Executive Sub-committee shall be determined by a majority of the votes of the members present and voting.


(7) The Chairman or other member of the Executive Sub-committee presiding at a meeting of the sub-committee has a deliberative vote and, in the event of an equality of votes, also has a casting vote.


CANNED FRUIT (SALES PROMOTION) ACT 1959 - SECT. 13.
Function

SECT

PART III-FUNCTION AND POWERS OF THE AUSTRALIAN CANNED FRUIT SALES
PROMOTION COMMITTEE

13. The function of the Committee is to promote the sale, whether within Australia or overseas, of canned fruit.


CANNED FRUIT (SALES PROMOTION) ACT 1959 - SECT. 14.
Powers

SECT

14. (1) The Committee has power to do all things that are necessary or convenient to be done for or in connexion with the performance of its function, including the making of inquiries relating to the actual or potential demand (whether in Australia or overseas) for canned fruit.


Amended by No. 163, 1979, s. 5

SECT

(2) The Committee shall, before carrying out any scheme or arrangement to promote the sale overseas of canned fruit, consult with the Australian Canned Fruits Corporation and, where possible, shall act in collaboration with that Corporation.


CANNED FRUIT (SALES PROMOTION) ACT 1959 - SECT. 15.
Power to appoint persons to advise

SECT

15. (1) The Committee may appoint persons to advise it on any matter.


(2) A person appointed under the last preceding sub-section shall be paid such fees, allowances and expenses as the Minister determines.


CANNED FRUIT (SALES PROMOTION) ACT 1959 - SECT. 16.
Employment of staff

SECT

16. (1) Subject to this section, the Committee may employ such persons as it thinks necessary for the exercise of its powers.


(2) The terms and conditions of employment of persons employed under this section are such as are determined by the Committee with the approval of the Public Service Board.


CANNED FRUIT (SALES PROMOTION) ACT 1959 - SECT. 17.
Payments out of Consolidated Revenue Fund

SECT

PART IV-FINANCE

17. (1) There shall be paid to the Committee out of the Consolidated Revenue Fund, which is appropriated accordingly, amounts equal to the amounts collected by the Commissioner of Taxation by virtue of the Canning-Fruit Charge Act 1959.


Sub-section (2) omitted by No. 163, 1979, s. 6
* * * * * * * *

CANNED FRUIT (SALES PROMOTION) ACT 1959 - SECT. 18.
Application to Committee of Division 3 of Part XI of Audit Act

Substituted by No. 163, 1979, s. 7

SECT

18. (1) It is hereby declared that the Committee is a public authority to which Division 3 of Part XI of the Audit Act 1901 applies.


(2) In the application to and in relation to the Committee of Division 3 of Part XI of the Audit Act 1901, section 63M of that Act is modified by omitting sub-section (1) and substituting the following sub-section:

''(1) The authority shall, by 30 June in the year 1980 and in each succeeding year, prepare and submit to the appropriate Minister a report of its operations during the year that ended on the preceding 31 December, together with financial statements in respect of that year in such form as the Minister administering this Act approves.''.


CANNED FRUIT (SALES PROMOTION) ACT 1959 - SECT. 19.
Application of moneys of Committee

Substituted by No. 163, 1979, s. 7

SECT

19. (1) Subject to sub-section (2), the moneys of the Committee may be applied only-

(a) in payment or discharge of the expenses, charges, obligations and liabilities incurred or undertaken by the Committee in or in connection with the performance of its function, 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; and

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


(2) Moneys of the Committee not immediately required for the purposes of the Committee 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.


(3) In this section, ''approved bank'' means a trading bank as defined in sub-section 5 (1) of the Banking Act 1959 or another bank approved by the Treasurer.


CANNED FRUIT (SALES PROMOTION) ACT 1959 - SECT. 20.
Liability to taxation

Substituted by No. 163, 1979, s. 7

SECT

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


(2) Subject to sub-section (3), the Committee 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.


Section 21 repealed by No. 163, 1979, s. 7
* * * * * * * *

CANNED FRUIT (SALES PROMOTION) ACT 1959 - SECT. 22.
Regulations

SECT

PART V-REGULATIONS

22. The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act.


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