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AGRICULTURE AND RELATED RESOURCES PROTECTION ACT 1976 - NOTES

Notes

1 This is a compilation of the Agriculture and Related Resources Protection Act 1976 and includes the amendments made by the other written laws referred to in the following table 1a, 15, 18. The table also contains information about any reprint.

Compilation table

Short title

Number and year

Assent

Commencement

Agriculture and Related Resources Protection Act 1976

42 of 1976

9 Jun 1976

Long title and s. 1-5, 7 and Pt. V Div. 6: 18 Jun 1976 (see s. 2 and Gazette 18 Jun 1976 p. 2048);
balance: 1 Jul 1976 (see s. 2 and Gazette 18 Jun 1976 p. 2048)

Agriculture and Related Resources Protection Act Amendment Act 1978

40 of 1978

29 Aug 1978

29 Aug 1978

Agriculture and Related Resources Protection Act Amendment Act 1979

55 of 1979

12 Nov 1979

s. 3, 4(b), 7, 10 and 11: 1 Jul 1976 (see s. 2(1));
balance: 12 Nov 1979 (see s. 2(2))

Agriculture and Related Resources Protection Amendment Act 1980

22 of 1980

15 Oct 1980

s. 5: 1 Jul 1980 (see s. 2(2)); balance: 15 Oct 1980 (see s. 2(1))

Reprint of the Agriculture and Related Resources Protection Act 1976 approved 10 Feb 1981 (includes amendments listed above)

Agriculture and Related Resources Protection Amendment Act 1981

76 of 1981

9 Nov 1981

Act other than s. 3(d): 1 Jul 1976 (see s. 2(1));
s. 3(d): 9 Nov 1981 (see s. 2(3))

Agriculture and Related Resources Protection Amendment Act 1983

31 of 1983

1 Dec 1983

29 Dec 1983 (see s. 2)

Acts Amendment (Conservation and Land Management) Act 1984 Pt. V

112 of 1984

19 Dec 1984

22 Mar 1985 (see s. 2 and Gazette 15 Mar 1985 p. 931)

Agriculture and Related Resources Protection Amendment Act 1986 11

59 of 1986

26 Nov 1986

5 Jan 1987 (see s. 2 and Gazette 19 Dec 1986 p. 4860)

Agricultural Legislation (Penalties) Amendment Act 1989 s. 3

20 of 1989

1 Dec 1989

15 Dec 1989 (see s. 2 and Gazette 15 Dec 1989 p. 4513)

Financial Administration Legislation Amendment Act 1993 s. 11

6 of 1993

27 Aug 1993

1 Jul 1993 (see s. 2(1))

Acts Amendment (Public Sector Management) Act 1994 s. 3(1)

32 of 1994

29 Jun 1994

1 Oct 1994 (see s. 2 and Gazette 30 Sep 1994 p. 4948)

Industrial Legislation Amendment Act 1995 s. 35

1 of 1995

9 May 1995

1 Jan 1996 (see s. 2(2) and Gazette 24 Nov 1995 p. 5389)

Local Government (Consequential Amendments) Act 1996 s. 4

14 of 1996

28 Jun 1996

1 Jul 1996 (see s. 2)

Financial Legislation Amendment Act 1996 s. 64

49 of 1996

25 Oct 1996

25 Oct 1996 (see s. 2(1))

Transfer of Land Amendment Act 1996 s. 153(1) and (2)

81 of 1996

14 Nov 1996

14 Nov 1996 (see s. 2(1))

Acts Amendment (Land Administration) Act 1997 Pt. 5 and s. 141

31 of 1997

3 Oct 1997

30 Mar 1998 (see s. 2 and Gazette 27 Mar 1998 p. 1765)

Agricultural Legislation Amendment and Repeal Act 1998 Pt. 2

9 of 1998

30 Apr 1998

4 Jul 1998 (see s. 2 and Gazette 3 Jul 1998 p. 3581)

Reprint of the Agriculture and Related Resources Protection Act 1976 as at 15 Oct 1999 (includes amendments listed above)

Taxation Administration (Consequential Provisions) Act 2002 s. 7 12

45 of 2002

20 Mar 2003

1 Jul 2003 (see s. 2(1) and Gazette 27 Jun 2003 p. 2383)

Statutes (Repeals and Minor Amendments) Act 2003 s. 26

74 of 2003

15 Dec 2003

15 Dec 2003 (see s. 2)

Courts Legislation Amendment and Repeal Act 2004 s. 141 15

59 of 2004 (as amended by No. 2 of 2008 s. 77(13))

23 Nov 2004

1 May 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7128)

State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004 Pt. 2 Div. 6 13

55 of 2004

24 Nov 2004

1 Jan 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7130)

Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004 s. 78, 80 and 82

84 of 2004

16 Dec 2004

2 May 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7129 (correction in Gazette 7 Jan 2005 p. 53))

Limitation Legislation Amendment and Repeal Act 2005 Pt. 10 

20 of 2005

15 Nov 2005

15 Nov 2005 (see s. 2)

Agriculture and Related Resources Protection Amendment Act 2006

6 of 2006

12 Apr 2006

12 Apr 2006 (see s. 2)

Reprint 3: The Agriculture and Related Resources Protection Act 1976 as at 16 Jun 2006 (includes amendments listed above)

Machinery of Government (Miscellaneous Amendments) Act 2006 Pt. 2 Div 2 16

28 of 2006

26 Jun 2006

1 Jul 2006 (see s. 2 and Gazette 27 Jun 2006 p. 2347)

Land Information Authority Act 2006 s. 121

60 of 2006

16 Nov 2006

1 Jan 2007 (see s. 2(1) and Gazette 8 Dec 2006 p. 5369)

Financial Legislation Amendment and Repeal Act 2006 s. 4 and 17

77 of 2006

21 Dec 2006

1 Feb 2007 (see s. 2 and Gazette 19 Jan 2007 p. 137)

Agriculture and Related Resources Protection Amendment Act 2010 Pt. 2 

46 of 2010

28 Oct 2010

18 Dec 2010 (see s. 2(b) and Gazette 17 Dec 2010 p. 6349)

1a On the date as at which this compilation was prepared, provisions referred to in the following table had not come into operation and were therefore not included in this compilation. For the text of the provisions see the endnotes referred to in the table.

Provisions that have not come into operation

Short title

Number and year

Assent

Commencement

State Superannuation (Transitional and Consequential Provisions) Act 2000 s. 27 14

43 of 2000

2 Nov 2000

To be proclaimed (see s. 2(2))

Biosecurity and Agriculture Management (Repeal and Consequential Provisions) Act 2007 s. 27 17

24 of 2007

12 Oct 2007

23 Nov 2011 (see s. 2(2) and Gazette 22 Nov 2011 p. 4843);
Repeal of Act operative when proclamation published under s. 27

Road Traffic Legislation Amendment Act 2012 Pt. 4 Div. 1 19

8 of 2012

21 May 2012

Operative on commencement of the Road Traffic (Administration) Act 2008 (see s. 2(d))

2 Repealed by the Mining Act 1978.

3 Repealed by the Public Service Appeal Board Act Repeal Act 1977.

4 The Superannuation and Family Benefits Act 1938 was repealed by the State Superannuation Act 2000 s. 39, but its provisions continue to apply to and in relation to certain schemes because of the State Superannuation (Transitional and Consequential Provisions) Act 2000 s. 26. See also endnote 14.

5, 6, No longer applicable.

7 Repealed by the Interpretation Act 1984.

8 Repealed by the Commercial Arbitration Act 1985.

9 Repealed by section 6 of this Act.

10 Now see the Local Government Act 1995.

11 The Agricultural and Related Resources Protection Amendment Act 1986 s. 8 is a transitional provision that is of no further effect.

12 The Taxation Administration (Consequential Provisions) Act 2002 s. 3, 4 and Pt. 4 read as follows:


3. Relationship with other Acts

The Taxation Administration Act 2003 is to be read with this Act as if they formed a single Act.

4. Meaning of terms used in this Act

The Glossary at the end of the Taxation Administration Act 2003 defines or affects the meaning of some of the words and expressions used in this Act and also affects the operation of other provisions.

Part 4 — Transitional provisions

Division 1 — Interpretation

33. Definitions

In this Part —

commencement day means the day on which the Taxation Administration Act 2003 comes into operation;

old Act means —

(a) an Act repealed by section 5;

(b) the old Stamp Act; or

(c) section 41 of the Metropolitan Region Town Planning Scheme Act 1959 as in force immediately before the commencement day;

old Stamp Act means the Stamp Act 1921 as in force immediately before the commencement day;

substantive provisions, in relation to an old Act, means the provisions of the old Act other than those dealing with matters dealt with in the Taxation Administration Act 2003.

Division 2 — General transitional provisions

34. General transitional arrangements

(1) Section 37(1) of the Interpretation Act 1984, except paragraphs (a) and (b), does not apply in relation to the repeal of an old Act.

(2) The repeal of an old Act does not, unless the contrary intention appears —

(a) affect any right, interest, title, power or privilege created, acquired, accrued, established or exercisable or any status or capacity existing prior to the repeal;

(b) affect any duty, obligation, liability, or burden of proof imposed, created, or incurred prior to the repeal;

(c) subject to section 11 of The Criminal Code and section 10 of the Sentencing Act 1995, affect any penalty or forfeiture incurred or liable to be incurred in respect of an offence committed against the old Act; or

(d) affect any investigation, legal proceeding or remedy in respect of any such right, interest, title, power, privilege, status, capacity, duty, obligation, liability, burden of proof, penalty or forfeiture.

(3) Subject to subsections (4) and (5) —

(a) a right, interest, title, power, privilege, duty, obligation, liability or burden of proof referred to in subsection (2)(a) or (b) may be exercised or enforced;

(b) a penalty or forfeiture referred to in subsection (2)(c) may be imposed and enforced; and

(c) an investigation, legal proceeding or remedy referred to in subsection (2)(d) may be instituted, continued, or enforced,

as if the substantive provisions of the relevant old Act —

(d) had not been repealed;

(e) were a taxation Act for the purposes of the Taxation Administration Act 2003; and

(f) had been amended to make any modifications necessary for this section to have effect.

(4) If an objection, appeal or other legal proceeding (the “action”) was instituted under an old Act and was not finally determined before the commencement day —

(a) the action may be continued;

(b) any requirement to pay interest on an amount of tax determined in the action to have been overpaid applies and may be enforced;

(c) any penalty may be imposed and enforced; and

(d) any decision, order or determination made in the action has effect, and may be enforced,

as if this Act and the taxation Acts had not commenced.

(5) If the time limited by an old Act for doing anything is longer than the time limited by a taxation Act for doing the equivalent thing under that Act, then in relation to a matter to which subsection (3) applies, the time limited under the old Act applies in relation to the doing of the thing under the taxation Act.

(6) If the time limited by an old Act for commencing proceedings in relation to an offence under that Act is shorter than the 5 year period limited by section 111 of the Taxation Administration Act 2003, then despite section 111, proceedings in relation to an offence under the old Act (including an offence under a provision of the old Act that is continued in force under this Part) cannot be commenced after the expiry of the shorter period provided for by the old Act.

(7) In this section a reference, in relation to the Stamp Act 1921, to the repeal of the old Act is a reference to the amendment of the Act by the Stamp Amendment Act 2003.

35. Commissioner not to increase tax liability

Despite Part 3 Division 1 of the Taxation Administration Act 2003, the Commissioner must not make a reassessment that increases the amount of tax a person is liable to pay in relation to anything that happened before the commencement day if the reassessment could not have been made under the relevant old Act.

36. Delegations

A delegation made under an old Act and in force immediately before the commencement day continues in force on and after that day as a delegation made under section 10 of the Taxation Administration Act 2003.

Division 3 — Debits tax

37. Certificates of exemption from tax (Debits Tax Assessment Act 1990, s. 11)

(1) A certificate issued under section 11 of the Debits Tax Assessment Act 1990 and in force immediately before the commencement day continues in force on and after that day as a certificate issued under section 10 of the Debits Tax Assessment Act 2002.

(2) Where section 13(1) of the Debits Tax Assessment Act 2002 applies in relation to a certificate issued under section 11 of the Debits Tax Assessment Act 1990 the Commissioner cannot make a reassessment of the amount of debits tax payable on a debit for the purpose of giving effect to that section more than 3 years after —

(a) if the financial institution has recovered the amount of the debits tax paid on the debit from the customer — the date on which that amount was recovered; or

(b) otherwise — the date on which the debits tax on the debits was paid.

Division 4 — Land tax

38. Exemptions for certain home unit owners (Land Tax Assessment Act 1976, s. 19)

If the amount of land tax payable on land for the financial year commencing on 1 July 2001 was assessed under section 19 of the Land Tax Assessment Act 1976, then on and after the commencement day section 16 of the Land Tax Assessment Act 2002 applies in relation to that land as if that assessment had been made under section 16.

39. Inner city residential property rebate (Land Tax Assessment Act 1976, s. 23AB)

A notice given by the Commissioner under section 23AB(7) of the Land Tax Assessment Act 1976 and in force immediately before the commencement day continues in force on and after that day as a notice under section 28(4) of the Land Tax Assessment Act 2002.

40. Land tax relief Acts

Despite —

(a) the repeal of the Land Tax Assessment Act 1976 and Land Tax Act 1976; and

(b) the amendment of section 41 of the Metropolitan Region Town Planning Scheme Act 1959,

on and after the commencement day the Land Tax Relief Act 1991 and Land Tax Relief Act 1992 apply as if the substantive provisions of the Acts mentioned in paragraphs (a) and (b) —

(c) had not been repealed;

(d) were a taxation Act for the purposes of the Taxation Administration Act 2003; and

(e) had been amended to make any modifications necessary for this section to have effect.

Division 5 — Pay-roll tax

41. Treatment of certain contributions (Pay-roll Tax Assessment Act 1971, Sch. 2 cl. 5)

Despite the repeal of the Pay-roll Tax Assessment Act 1971, Schedule 2 clause 5 of that Act continues to apply on and after the commencement day in relation to contributions wholly or partly in respect of services performed or rendered before 1 July 1997 as if that Act had not been repealed.

42. Reassessments and refunds (Pay-roll Tax Assessment Act 1971, s. 19)

Despite sections 16(3), 20(3) and 22(4) of the Pay-roll Tax Assessment Act 2002 and section 16(1)(a) of the Taxation Administration Act 2003, the Commissioner is not required to make a reassessment of the amount of pay-roll tax payable by an employer in respect of wages paid or payable before the commencement day unless an application for a reassessment is made within 2 years after the tax was paid.

Division 6 — Stamp duty

43. Adhesive stamps (Stamp Act 1921, s. 15, 21 and 23)

(1) Despite its repeal by the Stamp Amendment Act 2003, section 15 of the old Stamp Act continues in force for 12 months after the commencement day in relation to adhesive stamps that were affixed on instruments before that day.

(2) Despite their repeal by the Stamp Amendment Act 2003, sections 21 and 23 of the old Stamp Act continue in force for 3 months after the commencement day in relation to adhesive stamps that were affixed on instruments before that day.

(3) If adhesive stamps affixed to an instrument have been cancelled in accordance with the old Stamp Act (including the provisions of the old Stamp Act continued in force by subsections (1) and (2)) the instrument is taken to have been endorsed in accordance with section 17C of the Stamp Act 1921.

44. Printing of “Stamp Duty Paid” on cheques (Stamp Act 1921, s. 52)

(1) An authorisation of a financial institution granted under section 52 of the old Stamp Act and in force immediately before the commencement day continues in force on and after that day as a special tax arrangement made under the Taxation Administration Act 2003.

(2) Any requirement that applied, immediately before the commencement day, to a person to whom an authorisation continued by subsection (1) had been granted (whether imposed by the old Stamp Act or as a condition to which the authorisation was subject), continues as a condition to which the special tax arrangement referred to in subsection (1) is subject.

45. First home owners — reassessment (Stamp Act 1921, s. 75AG)

Despite section 17(1) of the Taxation Administration Act 2003, if property that included a dwellinghouse was conveyed or transferred before the commencement day, an application for a reassessment of the duty payable on the conveyance or transfer on the basis that a rebate under section 75AG of the old Stamp Act should have been, but was not, allowed cannot be made more than 12 months after the date of the original assessment.

46. Reassessment of duty on grant or transfer of vehicle licences (Stamp Act 1921, s. 76C(18) and (19), 76CA(3a) and 76CB(9))

(1) This section applies in relation to a grant or transfer of a licence that occurred before the commencement day.

(2) Despite section 17(1) of the Taxation Administration Act 2003, an application for a reassessment of the duty payable on the grant or transfer of a licence on the basis that the duty should not have been paid because —

(a) in the case of a grant — no vehicle licence fee was payable under the Road Traffic Act 1974 in respect of the licence; or

(b) in the case of a transfer — had the transferee applied for the licence on the date of the transfer no vehicle licence fee would have been payable under the Road Traffic Act 1974,

cannot be made more than 15 months after the licence was granted or transferred.

(3) Despite section 17(1) of the Taxation Administration Act 2003, an application for a reassessment of the duty paid on the transfer of a licence on the basis that the duty should have been, but was not, charged in accordance with item 6 of the Second Schedule to the old Stamp Act because the transfer did not pass a beneficial interest, cannot be made more than 12 months after the licence was transferred.

(4) Despite section 17(1) of the Taxation Administration Act 2003, an application for a reassessment of the duty payable on the grant or transfer of a licence on the basis that the duty should have been, but was not, assessed on the net market value of the vehicle (as defined in section 76CB of the old Stamp Act), cannot be made more than 12 months after the licence was granted or transferred.

47. Alternative to stamping individual insurance policies (Stamp Act 1921, s. 95A)

(1) A permission granted under section 95A of the old Stamp Act and in force immediately before the commencement day continues in force on and after that day as a special tax arrangement made under the Taxation Administration Act 2003.

(2) Any requirement that applied, immediately before the commencement day, to a person to whom a permission continued by subsection (1) had been granted (whether imposed by the old Stamp Act or as a condition to which the permission was subject), continues as a condition to which the special tax arrangement referred to in subsection (1) is subject.

48. Workers’ compensation insurance (Stamp Act 1921, s. 97 and item 16 of the Second Schedule)

(1) Despite section 17(1) of the Taxation Administration Act 2003, an application for a reassessment of the duty payable on the issue or renewal of a policy of insurance that occurred before the commencement day on the basis that the duty was assessed under item 16(1)(a)(i) of the Second Schedule to the old Stamp Act but should have been assessed under item 16(1)(a)(ii), cannot be made more than 2 years after the beginning of the insurance policy’s cover period.

(2) Despite the amendment of Schedule 2 item 16(1)(a) of the Stamp Act 1921, on and for 12 months after the commencement day —

(a) the reference in Schedule 2 item 16(1)(a)(i)(A) to the Pay-roll Tax Assessment Act 2002 includes a reference to the Pay-roll Tax Assessment Act 1971; and

(b) the reference in Schedule 2 item 16(1)(a)(i)(B) to section 39 or 40 of the Pay-roll Tax Assessment Act 2002 includes a reference to section 10 of the Pay-roll Tax Assessment Act 1971.

49. Payment of duty by returns (Stamp Act 1921, s. 112V)

(1) A permission granted under section 112V of the old Stamp Act and in force immediately before the commencement day continues in force on and after that day as a special tax arrangement under the Taxation Administration Act 2003.

(2) Any requirement that applied, immediately before the commencement day, to a person to whom a permission continued by subsection (1) had been granted (whether imposed by the old Stamp Act or as a condition to which the permission was subject), continues as a condition to which the special tax arrangement referred to in subsection (1) is subject.

”.

13 The State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004 Pt. 5, the State Administrative Tribunal Act 2004 s. 167 and 169, and the State Administrative Tribunal Regulations 2004 r. 28 and 42 deal with certain transitional issues some of which may be relevant for this Act.

14 On the date on which this compilation was prepared, the State Superannuation (Transitional and Consequential Provisions) Act 2000 s. 27 had not come into operation. It reads as follows:


27. Agriculture and Related Resources Protection Act 1976 amended

Section 9(5) of the Agriculture and Related Resources Protection Act 1976 is amended as follows:

(a) by deleting “1994,” and inserting instead —

1994 or ”;

(b) by deleting “or the Superannuation and Family Benefits Act 1938”.

”.

15 The Courts Legislation Amendment and Repeal Act 2004 Sch. 2 cl. 4 was repealed by the Criminal Law and Evidence Amendment Act 2008 s. 77(13).

16 The Machinery of Government (Miscellaneous Amendments) Act 2006 Pt. 4 Div. 23 reads as follows:


Division 23 — Transitional provisions

151. Commissioner for Fair Trading

(1) On commencement, the person holding the office of Commissioner for Fair Trading immediately before commencement is to be taken to have been designated as the Commissioner or Registrar (as the case requires) for the purposes of each of the following enactments —

(a) the Associations Incorporation Act 1987;

(b) the Business Names Act 1962;

(c) the Chattel Securities Act 1987;

(d) the Companies (Co-operative) Act 1943;

(e) Part 8 of the Competition Policy Reform (Western Australia) Act 1996;

(f) the Consumer Affairs Act 1971;

(g) the Co-operative and Provident Societies Act 1903;

(h) the Credit Act 1984;

(i) the Credit (Administration) Act 1984;

(j) the Employment Agents Act 1976;

(k) the Hire-Purchase Act 1959;

(l) the Limited Partnerships Act 1909;

(m) the Motor Vehicle Dealers Act 1973;

(n) the Petroleum Products Pricing Act 1983;

(o) the Petroleum Retailers Rights and Liabilities Act 1982;

(p) the Residential Tenancies Act 1987;

(q) the Retirement Villages Act 1992;

(r) the Travel Agents Act 1985.

(2) A thing done or omitted to be done by, to or in relation to, the Commissioner for Fair Trading (including in his or her capacity as the Prices Commissioner) before commencement under a provision of the Consumer Affairs Act 1971 for the purposes of another enactment listed in subsection (1) has the same effect after commencement, to the extent that it has any force or significance after commencement, as if it had been done or omitted —

(a) by, to or in relation to, the Commissioner or Registrar (as the case requires) as defined in that other enactment as in force after commencement; and

(b) where relevant, under the corresponding provision of that other enactment as in force after commencement.

(3) To the extent that a thing done or omitted to be done by, to or in relation to, the Commissioner for Fair Trading (including in his or her capacity as the Prices Commissioner) before commencement under, or for the purposes of, an enactment listed in subsection (1) is not covered by subsection (2), it has the same effect after commencement, to the extent that it has any force or significance after commencement, as if it had been done or omitted by, to or in relation to, the Commissioner or Registrar (as the case requires) as defined in that enactment as in force after commencement.

(4) A thing done or omitted to be done by, to or in relation to, the Commissioner for Fair Trading before commencement under, or for the purposes of, an enactment not listed in subsection (1) has the same effect after commencement, to the extent that it has any force or significance after commencement, as if it had been done or omitted by, to or in relation to, the Commissioner as defined in the Consumer Affairs Act 1971 as in force after commencement.

(5) A reference in an enactment to the Commissioner for Fair Trading is to have effect after commencement as if it had been amended to be a reference to —

(a) in the case of an enactment listed in subsection (1) or subsidiary legislation made under such an enactment — the Commissioner or Registrar (as the case requires) as defined in the enactment as in force after commencement; or

(b) in the case of any other enactment or subsidiary legislation — the Commissioner as defined in the Consumer Affairs Act 1971 as in force after commencement.

152. Commissioner for Corporate Affairs and Registrar of Co-operative and Financial Institutions

(1) A thing done or omitted to be done by, to or in relation to, the Commissioner for Corporate Affairs before commencement under, or for the purposes of, the Companies (Co-operative) Act 1943 has the same effect after commencement as if it had been done or omitted by, to or in relation to, the Registrar as defined in that Act as in force after commencement.

(2) A thing done or omitted to be done by, to or in relation to, the Registrar of Co-operative and Financial Institutions before commencement under, or for the purposes of, the Co-operative and Provident Societies Act 1903 has the same effect after commencement as if it had been done or omitted by, to or in relation to, the Registrar as defined in that Act as in force after commencement.

153. Consumer Affairs Act 1971

Each office in existence immediately before commencement because of section 15(1) of the Consumer Affairs Act 1971 does not cease merely because that subsection is repealed by this Act.

154. Petroleum Products Pricing Act 1983

Each office in existence immediately before commencement because of section 5(2)(b) of the Petroleum Products Pricing Act 1983 does not cease merely because that paragraph is deleted by this Act.

155. Interpretation

In this Division —

commencement means the time at which this Division comes into operation;

Commissioner for Fair Trading means the Commissioner for Fair Trading referred to in section 15 of the Consumer Affairs Act 1971 as in force before commencement;

Prices Commissioner means the Prices Commissioner referred to in section 5(1) of the Petroleum Products Pricing Act 1983 as in force before commencement.

”.

17 On the date as at which this compilation was prepared, the Biosecurity and Agriculture Management (Repeal and Consequential Provisions) Act 2007 s. 27 was in force. This does not have effect of repealing the Agriculture and Related Resources Protection Act 1976. This Act will be repealed upon publication of a proclamation made under s. 27 of the Biosecurity and Agriculture Management (Repeal and Consequential Provisions) Act 2007. It reads as follows:


Division 6 — Agriculture and Related Resources Protection Act 1976

Subdivision 1 — Repeal and consequential amendments

27. Repeal

(1) The Agriculture and Related Resources Protection Act 1976 is repealed on a day to be fixed by proclamation.

(2) Different days may be fixed under subsection (1) for different provisions.


18 The Biosecurity and Agriculture Management (Repeal and Consequential Provisions) Act 2007 Pt. 2 Div. 6 Subdivision 2 reads as follows:


Subdivision 2 — Transitional and savings provisions

30. Meaning of terms used in this Subdivision

In this Subdivision —

commencement day means the day on which the repealed Act Part V Division 6 is repealed;

repealed Act means the Agriculture and Related Resources Protection Act 1976.

[Section 30 amended by No. 46 of 2010 s. 60.]

31. Rates on pastoral leases

Despite section 27, the repealed Act Part V Division 6, as in force immediately before the commencement day, continues to apply in relation to a rate payable under that Division for a financial year commencing before the commencement day.


19 On the date as at which this compilation was prepared, the Road Traffic Legislation Amendment Act 2012 Pt. 4 Div. 1 had not come into operation. It reads as follows:


Division 1 — Agriculture and Related Resources Protection Act 1976 amended

39. Act amended

This Division amends the Agriculture and Related Resources Protection Act 1976.

40. Section 7 amended

In section 7(1) in the definition of vehicle delete “ascribed to that term in and for the purposes of the Road Traffic Act 1974;” and insert:


given in the Road Traffic (Administration) Act 2008 section 4;




Defined Terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined Term Provision(s)
amending section 60(8)
amending sections 124
animal 7(1)
animal-proof fence 7(1), 106(1)
area 36(5)
authorised person 7(1)
barrier fence 7(1)
category 7(1)
cattle 106(2)
class 7(1)
closure day 125(1)
coat 71(1)
commencement day 120
Commissioner 7(1)
control 7(1)
declaration 7(1)
declared animal 7(1), 38(1)
Declared Pest Account 7(1)
declared plant 7(1), 38(1)
department 7(1)
Director General 7(1)
district 7(1)
document 93(1)
dwelling 58(1)
fodder 71(1)
former account 125(1)
Government department 7(1)
inspector 7(1)
land under the control of a local government 7(1)
machinery 71(1)
management programme 7(1)
occupier 7(1)
occupy 7(1)
operational work 57
own 7(1)
owner 7(1)
pastoral lease 7(1)
pensioner 64(6)
pest plant 109
plant 7(1)
private land 7(1)
prohibited material 7(1)
Protection Board 120
public land 7(1)
rabbit-proof fence 7(1), 106(1)
restricted animal 71(1)
sack 71(1)
seed 71(1)
serve 93(1)
specified 107(2), 129(5)
take 68(1)
taking 68(1)
to declare 7(1)
train 7(1)
transitional matter 129(2)
vehicle 7(1)
watercourse 7(1)
wool pack 71(1)




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