Apple and Pear Industry (Crop Insurance) Amendment and Repeal Act 1999

Apple and Pear Industry (Crop Insurance) Amendment and Repeal Act 1999

An Act to establish the Apple and Pear Industry Research and Development Account and a Board of Management to administer that account and to amend and repeal the Apple and Pear Industry (Crop Insurance) Act 1982

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1.   Short title

This Act may be cited as the Apple and Pear Industry (Crop Insurance) Amendment and Repeal Act 1999 .

2.   Commencement

This Act commences on the day on which this Act receives the Royal Assent.

3.   Interpretation

In this Act –

APIRD Account means the Apple and Pear Industry Research and Development Account established under section 5 ;

Board means the Fruit Crop Insurance Board appointed and holding office under Part II of the Principal Act;

Board of Management means the Board of Management established under section 6 of this Act;

Insurance Fund Account means the Fruit Crop Insurance Fund Account continued under section 10 of the Principal Act;

Principal Act means the Apple and Pear Industry (Crop Insurance) Act 1982 ;

regulations means regulations made under the Principal Act and in force immediately before the relevant day;

relevant day means the day specified in an order made by the Governor under section 4(1) ;

Secretary means the Secretary of the Department;

TAPGA means the body corporate known as the Tasmanian Apple and Pear Growers Association Inc.

4.   Dissolution of Board

(1)  On advice by the Minister that –

(a) the Board –

(i) has satisfactorily dealt with all claims arising under the Principal Act relating to any loss or damage occurring on or before 30 June 2000 and notified in accordance with the regulations; and

(ii) has otherwise administered the insurance scheme provided by that Act as in force on that day; and

(b) an audit of the Board's financial records has been undertaken and the Minister has received a satisfactory report of that audit –

the Governor may, by order published in the Gazette, declare that on a day specified in the order –

(c) the Board is dissolved; and

(d) the members of the Board cease to hold office as such.

(2)  For the purposes of subsection (1)(b) , the Minister may direct that an audit be undertaken.

(3)  The Governor may provide in the order that on and from the relevant day –

(a) the rights of the Board are transferred to the Crown and the liabilities of the Board become liabilities of the Crown; and

(b) legal proceedings instituted by or against the Board before the relevant day and pending on that day may be continued by or against the Crown; and

(c) legal proceedings by or against the Board to enforce a right that accrued before the relevant day and in existence on that day may be instituted by or against the Crown; and

(d) a judgment or order of a court obtained by or against the Board may be enforced by or against the Crown; and

(e) a document addressed to, and purporting to have been served on, the Board is taken to have been served on the Crown; and

(f) a contract made or entered into by the Board before the relevant day but not performed or discharged before that day is taken to have been made or entered into by the Crown; and

(g) the money standing to the credit of the Insurance Fund Account comprising premiums paid in respect of the year ending on 30 June 2000 is to be distributed, after payment of the Board's costs of administering this Act and the Principal Act for that year and any claims arising from an event occurring in that year, to growers to whom the Principal Act applied in that year as appears to the Governor to be just and equitable having regard to those premiums; and

(h) any other money standing to the credit of that Account is to be paid into the APIRD Account.

5.   APIRD Account established

(1)  There is established in the Special Deposits and Trust Fund an account to be called the Apple and Pear Industry Research and Development Account.

(2)  There is to be paid into the APIRD Account –

(a) any money paid in accordance with section 4(3)(h) ; and

(b) any interest arising from the investment of that money.

(3)  Any money standing to the credit of the APIRD Account is to be applied by the Board of Management for –

(a) the benefit of Tasmania's apple and pear industry by funding the following activities:

(i) research and development;

(ii) marketing and promotion;

(iii) the establishment of access to markets;

(iv) the development of protocols relating to quarantine;

(v) the improvement or acquisition of land, buildings, plant or equipment; and

(b) the recovery of any costs arising from the administration of this Act after the relevant day; and

(c) any other purposes recommended by the Board of Management and approved by the Minister.

(4)  In carrying out its duties under subsection (3) , the Board of Management must undertake such consultation as it considers appropriate with any persons engaged in the apple and pear industry and any body or organisation representing those persons.

(5)  The Board of Management may determine the terms and conditions of any payment of money from the APIRD Account.

6.   Board of Management

(1)  A Board of Management is established for the purposes of distributing the APIRD Account.

(2)  The Board of Management consists of 5 members, namely –

(a) [Section 6 Subsection (2) amended by S.R. 2006, No. 133, Applied:13 Dec 2006] 4 persons appointed by the executive committee of Fruit Growers Tasmania Inc, one of whom is to be chairperson; and

(b) one person appointed by the Minister to represent the interests of the Government of Tasmania.

(3)  The Board of Management is to recommend to the Minister rules and procedures for carrying out its duties.

(4)  The Minister may approve or reject the rules and procedures recommended by the Board of Management.

(5)  Schedule 1 has effect with respect to membership of the Board of Management.

(6)  Schedule 2 has effect with respect to meetings of the Board of Management.

(7)  Where the Governor is satisfied, on the recommendation of the Board of Management, that the organisation specified in subsection (2)(a) has changed its name or has ceased to represent the interests of Tasmania's apple and pear industry, the Governor may, by order published in the Gazette, amend that subsection and any other relevant section by amending the name of that organisation or substituting the name of another organisation that represents the interests of that industry.

7.   Construction of instruments

Where, in an instrument that was in force immediately before the relevant day, there is a reference to the Board, the instrument has effect on and from that day, except in so far as the context or subject matter otherwise indicates or requires, as if the reference were a reference to the Crown or, as the case may require, included a reference to the Crown.

8.    Apple and Pear Industry (Crop Insurance) Regulations 1983 rescinded

On the relevant day, the Apple and Pear Industry (Crop Insurance) Regulations 1983 are rescinded.

9.   

The amendments effected by this section have been incorporated into the authorised version of the Apple and Pear Industry (Crop Insurance) Act 1982 .

10.   Repeal of Apple and Pear Industry (Crop Insurance) Act 1982

On the relevant day, the Apple and Pear Industry (Crop Insurance) Act 1982 is repealed.

SCHEDULE 1 - Members of the Board of Management

Section 6(5)

1.   Term of office

(1) The term of office of a member of the Board of Management is 3 years.

(2) A member of the Board of Management may hold office for more than one term.

2.   Vacation of office

(1) A member of the Board of Management is taken to have vacated office –

(a) if the member dies while holding office; or

(b) if the member becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with the creditors of the member, or makes an assignment of the member's remuneration or estate for their benefit; or

(c) if the member is absent from 3 consecutive meetings of the Board of Management, of which reasonable notice has been given to the member, either personally or in the ordinary course of post, and the member is not excused by the Board of Management from attendance at any of those meetings; or

(d) if the member is convicted in Tasmania of an offence which is punishable by imprisonment for a period of not less than 12 months, or if the member is convicted elsewhere than in Tasmania of an offence which, if committed in Tasmania, would be an offence so punishable; or

(e) if the member resigns from office by writing under the hand of the member addressed to the Minister and the Minister accepts the resignation.

(2) The Minister may remove a member of the Board of Management from office if the Minister is satisfied that the member is incapable, whether by reason of ill-health or otherwise, of performing adequately the duties of that office or that the member has voted at any meeting of the Board of Management in contravention of the rules relating to disclosure of interest set out in clause 5 of Schedule 2.

(3) If there is a vacancy in the office of a member of the Board of Management appointed –

(a) [Schedule 1 Amended by S.R. 2006, No. 133, Applied:13 Dec 2006] under section 6(2)(a) , the executive committee of Fruit Growers Tasmania Inc may appoint a person to the vacant office for the balance of the term of office of that member; or

(b) under section 6(2)(b) , the Minister may appoint a person to the vacant office for the balance of the term of office of that member.

3.   Allowances

A member of the Board of Management is entitled to be paid such allowances as the Minister may from time to time determine.

4.   Validity of proceedings, &c.

(1) All acts and proceedings of the Board of Management or of any person acting under a direction of the Board of Management are, notwithstanding the subsequent discovery of any defect in the appointment of any member of the Board of Management or that any person was disqualified from acting as, or incapable of being, a member of the Board of Management, as valid as if the member had been duly appointed and was qualified to act as, or capable of being, a member, and as if the Board of Management had been fully constituted.

(2) Where a member of the Board of Management, or any person acting under a direction of the Board of Management, does or purports to do, or omits or purports to omit to do, any act or thing in good faith for the purpose of administering or executing this Act, that person is to not be personally subjected to any action, liability, claim or demand in respect of that act or omission.

SCHEDULE 2 - Meetings of the Board of Management

Section 6(6)

1.   Convening of meetings of the Board of Management

The members may hold such meetings as they consider necessary for the administration of the Board of Management.

2.   Quorum

No business is to be conducted at a meeting of the Board of Management unless at least 3 members are present, one of whom must be the member appointed under section 6(2)(b) .

3.   Voting

(1) A decision carried by at least 3 of the votes of the members at a meeting of the Board of Management is to be a decision of the Board of Management.

(2) Each member is entitled to one vote on a matter arising for decision by the Board of Management.

4.   Minutes of meetings

The Board of Management is to cause accurate minutes to be kept of the business conducted at meetings of the Board of Management.

5.   Disclosure of interests

(1) A member of the Board of Management who has a direct or indirect pecuniary interest otherwise than in common with all other persons engaged in the apple and pear industry in a matter being considered or about to be considered by the Board of Management is to, as soon as possible after the relevant facts have come to his knowledge, disclose the nature of his interest at a meeting of the Board of Management.

(2) A disclosure under subclause (1) is to be recorded in the minutes of the meeting of the Board of Management and the member is to not, unless the Board of Management otherwise determines –

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

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

(3) For the purpose of making a determination by the Board of Management under subclause (2) in relation to a member who has made a disclosure under subclause (1) , a member who has a direct or indirect pecuniary interest in the matter to which the disclosure relates is to not take part in the making by the Board of Management of the determination.

6.   General procedure

(1) The procedure for the calling of, and for the conduct of business at, meetings of the Board of Management is to be subject to the rules and procedures approved by the Minister under section 6(4) .

(2) Until the Minister approves the rules and procedures under section 6(4) , the Board of Management must not distribute any money from the APIRD Account.