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This is a Bill, not an Act. For current law, see the Acts databases.
2016
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Agriculture and Water Resources
Legislation Amendment Bill 2016
No. , 2016
(Agriculture and Water Resources)
A Bill for an Act to amend and repeal various Acts
administered by the Department of Agriculture and
Water Resources, and for related purposes
No. , 2016
Agriculture and Water Resources Legislation Amendment Bill 2016
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
4
Part 1--Main amendments
4
Agricultural and Veterinary Chemicals (Administration) Act 1992
4
Agricultural and Veterinary Chemicals Code Act 1994
5
Australian Meat and Live-stock Industry Act 1997
6
Biosecurity Act 2015
7
Farm Household Support Act 2014
7
Fisheries Administration Act 1991
7
Fisheries Management Act 1991
8
Illegal Logging Prohibition Act 2012
13
Primary Industries Research and Development Act 1989
13
Water Amendment (Review Implementation and Other Measures) Act
2016
14
Part 2--Other amendments
15
Australian Meat and Live-stock Industry Act 1997
15
Dairy Produce Act 1986
15
Forestry Marketing and Research and Development Services Act 2007
15
Sugar Research and Development Services Act 2013
16
Schedule 2--Repeals
17
Part 1--Repeals
17
Agricultural and Veterinary Chemicals Legislation Amendment
(Removing Re-approval and Re-registration) Act 2014
17
Australian Meat and Live-stock Corporation Amendment Act 1990
17
Export Inspection Charges Collection Act 1985
17
Export Inspection (Establishment Registration Charges) Act 1985
17
Export Inspection (Quantity Charge) Act 1985
17
Export Inspection (Service Charge) Act 1985
18
National Residue Survey (Consequential Provisions) Act 1992
18
ii
Agriculture and Water Resources Legislation Amendment Bill 2016
No. , 2016
National Residue Survey Levies Regulations (Validation and
Commencement of Amendments) Act 1999
18
Quarantine (Validation of Fees) Act 1985
18
Rural Adjustment Act 1992
18
Wool International Act 1993
18
Wool International Privatisation Act 1999
18
Part 2--Consequential amendments
19
Natural Heritage Trust of Australia Act 1997
19
Part 3--Saving and transitional provisions
20
No. , 2016
Agriculture and Water Resources Legislation Amendment Bill 2016
1
A Bill for an Act to amend and repeal various Acts
1
administered by the Department of Agriculture and
2
Water Resources, and for related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the Agriculture and Water Resources Legislation
6
Amendment Act 2016.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
13
2
Agriculture and Water Resources Legislation Amendment Bill 2016
No. , 2016
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1,
items 1 to 52
The day after this Act receives the Royal
Assent.
3. Schedule 1,
items 53 and 54
The later of:
(a) immediately after the commencement of
the provisions covered by table item 2;
and
(b) immediately after the commencement of
Schedule 9 to the Regulatory Powers
(Standardisation Reform) Act 2016.
However, the provisions do not commence
at all if the event mentioned in paragraph (b)
does not occur.
4. Schedule 1,
items 55 to 57
The day after this Act receives the Royal
Assent.
5. Schedule 1,
Part 2
The later of:
(a) 1 January 2017; and
(b) the day after this Act receives the Royal
Assent.
6. Schedule 2
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
No. , 2016
Agriculture and Water Resources Legislation Amendment Bill 2016
3
concerned, and any other item in a Schedule to this Act has effect
1
according to its terms.
2
Schedule 1 Amendments
Part 1 Main amendments
4
Agriculture and Water Resources Legislation Amendment Bill 2016
No. , 2016
Schedule 1--Amendments
1
Part 1--Main amendments
2
Agricultural and Veterinary Chemicals (Administration) Act
3
1992
4
1 Section 4
5
Repeal the following definitions:
6
(a) definition of Advisory Board;
7
(b) definition of Board member;
8
(c) definition of Chair.
9
2 Subsection 8(3)
10
Repeal the subsection.
11
3 Part 3 (heading)
12
Repeal the heading, substitute:
13
Part 3--Constitution of APVMA and committees
14
4 Divisions 2, 3 and 4 of Part 3
15
Repeal the Divisions.
16
5 Subsection 28(2)
17
Omit "(whether Board members or not)".
18
6 Subsections 29A(1) and (2)
19
Omit "(other than a Board member)".
20
7 Section 32A
21
Repeal the section.
22
8 Subsection 33(2)
23
Repeal the subsection.
24
Amendments Schedule 1
Main amendments Part 1
No. , 2016
Agriculture and Water Resources Legislation Amendment Bill 2016
5
9 Paragraph 69EP(7)(a)
1
Repeal the paragraph, substitute:
2
(a) is the Chief Executive Officer of the APVMA; or
3
10 Transitional provision
--transfer of records and
4
documents of Advisory Board to the Department
5
(1)
This item applies to any records or documents that were in the
6
possession of the Advisory Board immediately before the
7
commencement of this item.
8
(2)
The records and documents are to be transferred to the Department after
9
the commencement of this item.
10
Note:
The records and documents transferred are Commonwealth records for the purposes of
11
the Archives Act 1983.
12
Agricultural and Veterinary Chemicals Code Act 1994
13
11 Subparagraph 8E(2)(b)(i) of the Code set out in the
14
Schedule
15
Repeal the subparagraph, substitute:
16
(i) the names, or proposed names, of the active constituents
17
concerned; and
18
12 Paragraph 117A(1)(a) of the Code set out in the Schedule
19
Omit "suspend or cancel the approval, or suspend or cancel the
20
registration, as the case may be", substitute "suspend or cancel the
21
permit".
22
13 Application provision
23
The repeal and substitution of subparagraph 8E(2)(b)(i) of the Code set
24
out in the Schedule to the Agricultural and Veterinary Chemicals Code
25
Act 1994 made by this Schedule applies in relation to notices given
26
under section 8E of that Code on or after the commencement of this
27
item.
28
Schedule 1 Amendments
Part 1 Main amendments
6
Agriculture and Water Resources Legislation Amendment Bill 2016
No. , 2016
Australian Meat and Live-stock Industry Act 1997
1
14 Section 3 (definition of meat)
2
Omit ", meat by-products".
3
15 Section 3 (definition of meat by-product)
4
Repeal the definition.
5
16 Subsections 63(1) and 64(1)
6
Repeal the subsections.
7
17 Subsection 65(1)
8
Omit "63(1)(b), 63(1)(e), 64(1)(b), 64(1)(e),".
9
18 Subsection 65(2)
10
Omit ", 63(1)(c), 63(1)(d), 63(1)(f), 63(1)(g)".
11
19 Subsection 65(2)
12
Omit ", 64(1)(c), 64(1)(d), 64(1)(f), 64(1)(g)".
13
20 Subsection 65(3)
14
Omit ", 63(1)(a), 63(1)(h)".
15
21 Subsection 65(3)
16
Omit ", 64(1A)(h), 64(1)(a) or 64(1)(h)", substitute "or 64(1A)(h)".
17
22 Paragraph 66(2)(a)
18
Omit "subsections 64(1A) and (1)", substitute "subsection 64(1A)".
19
23 Validity of licences not affected by amendments
20
The amendments of section 3 of the Australian Meat and Live-stock
21
Industry Act 1997 made by this Schedule do not affect the validity of
22
any licence granted or renewed under Part 2 of that Act before the
23
commencement of this item.
24
Amendments Schedule 1
Main amendments Part 1
No. , 2016
Agriculture and Water Resources Legislation Amendment Bill 2016
7
Biosecurity Act 2015
1
24 Section 134 (heading)
2
Repeal the heading, substitute:
3
134 Treatment that is likely to damage goods
4
25 Section 209 (heading)
5
Repeal the heading, substitute:
6
209 Treatment that is likely to damage conveyance
7
26 Subsection 465(6) (heading)
8
Repeal the heading, substitute:
9
Cessation of biosecurity response zone determination
10
27 Subsection 465(6)
11
After "biosecurity response zone", insert "determination".
12
Farm Household Support Act 2014
13
28 At the end of section 101
14
Add:
15
(3) Subsections (1) and (2) do not apply in relation to the Secretary's
16
power under subsection 106(2) (about Secretary's rules).
17
Fisheries Administration Act 1991
18
29 Title
19
Omit "and a Fishing Industry Policy Council".
20
30 Section 3
21
Repeal the section, substitute:
22
Schedule 1 Amendments
Part 1 Main amendments
8
Agriculture and Water Resources Legislation Amendment Bill 2016
No. , 2016
3 Simplified outline of this Act
1
This Act establishes a body corporate called the Australian
2
Fisheries Management Authority.
3
The Authority has a variety of functions and objectives, relating to
4
the management of fisheries on behalf of the Commonwealth. It
5
consists of the CEO, the Commission and the AFMA staff
6
members.
7
The Commission is responsible for domestic fisheries management
8
functions and powers of the Authority. It consists of the
9
Chairperson, the CEO and up to 7 additional part-time members.
10
The CEO is responsible for foreign compliance functions and
11
powers of the Authority and assisting the Commission.
12
The Minister may give directions to the Authority in exceptional
13
circumstances and to the CEO about foreign compliance.
14
Committees may assist in the performance of the Authority's
15
functions and exercise of its powers.
16
The Act also deals with miscellaneous matters, such as
17
consultation, planning and reporting, delegation and financial
18
matters.
19
31 Subsection 4(1) (note)
20
Repeal the note.
21
32 Part 3
22
Repeal the Part.
23
Fisheries Management Act 1991
24
33 Subsection 4(1)
25
Insert:
26
grant in relation to a fishing permit, a fish receiver permit or a
27
scientific permit: see subsections (9) to (11).
28
Amendments Schedule 1
Main amendments Part 1
No. , 2016
Agriculture and Water Resources Legislation Amendment Bill 2016
9
34 Subsection 4(1)
1
Repeal the following definitions:
2
(a) definition of member;
3
(b) definition of Panel;
4
(c) definition of Presiding Member;
5
(d) definition of Selection Committee.
6
35 Subsection 4(1) (definition of Treaty)
7
Omit "a copy of which is set out in Schedule 1,".
8
36 Subsection 4(1) (at the end of the definition of Treaty)
9
Add:
10
Note:
The Treaty is in Australian Treaty Series 1988 No. 42 ([1988] ATS
11
42) and could in 2016 be viewed in the Australian Treaties Library on
12
the AustLII website (http://www.austlii.edu.au).
13
37 At the end of section 4
14
Add:
15
(9) A reference in a provision of this Act (except sections 32, 57G and
16
57H) to the grant of a fishing permit is taken to include a reference
17
to the renewal of the fishing permit.
18
(10) A reference in a provision of this Act (except section 33) to the
19
grant of a scientific permit is taken to include a reference to the
20
renewal of the scientific permit.
21
(11) A reference in a provision of this Act (except section 91) to the
22
grant of a fish receiver permit is taken to include a reference to the
23
renewal of the fish receiver permit.
24
38 Paragraph 23(3)(a)
25
Omit "section 143, applications to the Panel may be made for review",
26
substitute "subsection 165(2), a request to AFMA may be made for
27
reconsideration".
28
Schedule 1 Amendments
Part 1 Main amendments
10
Agriculture and Water Resources Legislation Amendment Bill 2016
No. , 2016
39 Paragraph 23(3)(b)
1
Omit "if an application in relation to the decision is made to the Panel
2
under section 143--before the application is dealt with by the Panel",
3
substitute "if a request in relation to the decision is made to AFMA
4
under subsection 165(2)--before the request is dealt with by AFMA".
5
40 At the end of section 32
6
Add:
7
(12) AFMA may, on AFMA's own initiative, renew a fishing permit
8
from time to time for a period that is not greater than 5 years.
9
(13) Subject to subsection (14), a fishing permit that is renewed under
10
subsection (12) is subject to the conditions attaching to the permit
11
immediately before the renewal begins.
12
(14) Subsection (13) does not prevent the exercise of a power under
13
subsection (8) at the time of renewing the fishing permit or at any
14
later time.
15
41 Paragraph 33(6)(b)
16
After "condition mentioned in subsection", insert "(3) or".
17
42 At the end of section 33
18
Add:
19
(9) AFMA may, on AFMA's own initiative, renew a scientific permit
20
from time to time for a period that is not greater than 6 months.
21
(10) Subject to subsection (11), a scientific permit that is renewed under
22
subsection (9) is subject to the conditions attaching to the permit
23
immediately before the renewal begins.
24
(11) Subsection (10) does not prevent the exercise of a power under
25
paragraph (6)(b) at the time of renewing the scientific permit or at
26
any later time.
27
43 After subsection 57H(2)
28
Insert:
29
Amendments Schedule 1
Main amendments Part 1
No. , 2016
Agriculture and Water Resources Legislation Amendment Bill 2016
11
(2A) Without limiting subsection (2), if AFMA renews a fishing permit
1
under section 32, AFMA must alter the Fishing Permits Register to
2
record the period of the renewal.
3
44 Subsection 91(10)
4
Omit "upon application made by the holder of a permit, renew the
5
permit", substitute "on AFMA's own initiative, renew a fish receiver
6
permit".
7
45 At the end of section 91
8
Add:
9
(11) Subject to subsection (12), a fish receiver permit that is renewed
10
under subsection (10) is subject to the conditions attaching to the
11
permit immediately before the renewal begins.
12
(12) Subsection (11) does not prevent the exercise of a power under
13
subsection (6) at the time of renewing the fish receiver permit or at
14
any later time.
15
46 Paragraph 113(2)(a)
16
Omit "granted under section 32".
17
47 Part 8
18
Repeal the Part.
19
48 Subsection 165(1) (definition of relevant decision)
20
Repeal the definition, substitute:
21
relevant decision means:
22
(a) a decision of AFMA under subsection 4(2), 4(3), 22(5) or
23
26(2), section 31 (other than a decision following an auction
24
or tender), paragraph 31B(1)(b), section 31C,
25
subsection 31F(7), section 32 or 33, subsection 34(9), 38(1),
26
(2) or (3), section 39, subsection 40(5) or (8) or section 91; or
27
(b) a decision mentioned in subsection 23(1) made by AFMA or
28
a Joint Authority as to the person or persons to whom the
29
grant of a fishing right in a managed fishery is to be made.
30
Schedule 1 Amendments
Part 1 Main amendments
12
Agriculture and Water Resources Legislation Amendment Bill 2016
No. , 2016
49 Schedule 1
1
Repeal the Schedule.
2
50 Application and saving provisions
--Statutory Fishing
3
Rights Allocation Review Panel
4
(1)
The amendments of section 23 of the Fisheries Management Act 1991
5
made by this Schedule apply in relation to decisions mentioned in
6
subsection 23(1) of that Act that are made on or after the
7
commencement of this item.
8
(2)
Section 165 of the Fisheries Management Act 1991 applies on and after
9
the commencement of this item in relation to decisions mentioned in
10
subsection 23(1) of that Act that are made on or after that
11
commencement.
12
(3)
Despite the repeal of Part 8 of the Fisheries Management Act 1991
13
made by this Schedule, that Part, as in force immediately before the
14
commencement of this item, continues to apply on and after that
15
commencement in relation to decisions mentioned in subsection 23(1)
16
of that Act that are made before that commencement.
17
51 Application, saving and transitional provisions
--renewals
18
of permits
19
(1)
Subsections 32(12) to (14) of the Fisheries Management Act 1991, as
20
added by this Schedule, apply in relation to fishing permits due to
21
expire on or after the commencement of this item.
22
(2)
Subsections 33(9) to (11) of the Fisheries Management Act 1991, as
23
added by this Schedule, apply in relation to scientific permits due to
24
expire on or after the commencement of this item.
25
(3)
The amendments of section 91 of the Fisheries Management Act 1991
26
made by this Schedule apply in relation to fish receiver permits due to
27
expire on or after the commencement of this item.
28
(4)
Subsection 91(10) of the Fisheries Management Act 1991, as in force
29
immediately before the commencement of this item, continues to apply
30
on and after that commencement in relation to an application made
31
under that subsection before that commencement.
32
Amendments Schedule 1
Main amendments Part 1
No. , 2016
Agriculture and Water Resources Legislation Amendment Bill 2016
13
(5)
The amendments of section 91 of the Fisheries Management Act 1991
1
made by this Schedule do not affect the validity of a renewal given
2
under subsection 91(10) of that Act before the commencement of this
3
item.
4
52 Transitional provision
--transfer of records and
5
documents of Statutory Fishing Rights Allocation
6
Review Panel to the Department
7
(1)
This item applies to any records or documents that were in the
8
possession of the Statutory Fishing Rights Allocation Review Panel
9
immediately before the commencement of this item.
10
(2)
The records and documents are to be transferred to the Department after
11
the commencement of this item.
12
Note:
The records and documents transferred are Commonwealth records for the purposes of
13
the Archives Act 1983.
14
Illegal Logging Prohibition Act 2012
15
53 After subsection 22(6)
16
Insert:
17
(6A) The Secretary may, in writing, delegate to an inspector the
18
Secretary's powers and functions under sections 66, 67 and 68 of
19
the Regulatory Powers Act in relation to evidential material that
20
relates to a provision mentioned in subsection (1) of this section.
21
54 Subsection 22(7)
22
After "subsection (6)", insert "or (6A)".
23
Primary Industries Research and Development Act 1989
24
55 Section 142
25
Repeal the section.
26
Schedule 1 Amendments
Part 1 Main amendments
14
Agriculture and Water Resources Legislation Amendment Bill 2016
No. , 2016
Water Amendment (Review Implementation and Other
1
Measures) Act 2016
2
56 Subsection 2(1) (table item 2)
3
Repeal the item, substitute:
4
2. Schedule 1,
items 1 and 1A
At the same time as item 56 of Schedule 1 to
the Agriculture and Water Resources
Legislation Amendment Act 2016
commences.
57 After item 1 of Schedule 1
5
Insert:
6
1A Application of requirement for Basin Plan to include
7
certain additional reviews
8
(1)
The requirement in item 13 of the table in subsection 22(1) of the Water
9
Act 2007 (as amended by this Schedule) for the program for monitoring
10
and evaluating the effectiveness of the Basin Plan to include 5 yearly
11
reviews of the matter mentioned in paragraph (c) of that item does not
12
apply until 1 January 2020.
13
(2)
Subitem (1) does not prevent the Basin Plan from being amended,
14
before that time, to include those reviews in the program.
15
Amendments Schedule 1
Other amendments Part 2
No. , 2016
Agriculture and Water Resources Legislation Amendment Bill 2016
15
Part 2--Other amendments
1
Australian Meat and Live-stock Industry Act 1997
2
58 Division 4 of Part 3
3
Repeal the Division.
4
Dairy Produce Act 1986
5
59 Subsections 5(6) and (7)
6
Repeal the subsections.
7
60 Section 13 (heading)
8
Repeal the heading, substitute:
9
13 Financial report
10
61 Subsection 13(2)
11
Repeal the subsection.
12
62 Section 14
13
Repeal the section.
14
63 Subclause 79C(1) of Schedule 2
15
Omit "(1)".
16
64 Subclause 79C(2) of Schedule 2
17
Repeal the subclause.
18
Forestry Marketing and Research and Development Services
19
Act 2007
20
65 Subsections 8(6) and (7)
21
Repeal the subsections.
22
Schedule 1 Amendments
Part 2 Other amendments
16
Agriculture and Water Resources Legislation Amendment Bill 2016
No. , 2016
Sugar Research and Development Services Act 2013
1
66 Subsections 6(6) and (7)
2
Repeal the subsections.
3
Repeals Schedule 2
Repeals Part 1
No. , 2016
Agriculture and Water Resources Legislation Amendment Bill 2016
17
Schedule 2--Repeals
1
Part 1--Repeals
2
Agricultural and Veterinary Chemicals Legislation
3
Amendment (Removing Re-approval and
4
Re-registration) Act 2014
5
1 The whole of the Act
6
Repeal the Act.
7
Australian Meat and Live-stock Corporation Amendment Act
8
1990
9
2 The whole of the Act
10
Repeal the Act.
11
Export Inspection Charges Collection Act 1985
12
3 The whole of the Act
13
Repeal the Act.
14
Export Inspection (Establishment Registration Charges) Act
15
1985
16
4 The whole of the Act
17
Repeal the Act.
18
Export Inspection (Quantity Charge) Act 1985
19
5 The whole of the Act
20
Repeal the Act.
21
Schedule 2 Repeals
Part 1 Repeals
18
Agriculture and Water Resources Legislation Amendment Bill 2016
No. , 2016
Export Inspection (Service Charge) Act 1985
1
6 The whole of the Act
2
Repeal the Act.
3
National Residue Survey (Consequential Provisions) Act
4
1992
5
7 The whole of the Act
6
Repeal the Act.
7
National Residue Survey Levies Regulations (Validation and
8
Commencement of Amendments) Act 1999
9
8 The whole of the Act
10
Repeal the Act.
11
Quarantine (Validation of Fees) Act 1985
12
9 The whole of the Act
13
Repeal the Act.
14
Rural Adjustment Act 1992
15
10 The whole of the Act
16
Repeal the Act.
17
Wool International Act 1993
18
11 The whole of the Act
19
Repeal the Act.
20
Wool International Privatisation Act 1999
21
12 The whole of the Act
22
Repeal the Act.
23
Repeals Schedule 2
Consequential amendments Part 2
No. , 2016
Agriculture and Water Resources Legislation Amendment Bill 2016
19
Part 2--Consequential amendments
1
Natural Heritage Trust of Australia Act 1997
2
13 Paragraph 18(b)
3
Omit "1992;", substitute "1992.".
4
14 Paragraph 18(d)
5
Repeal the paragraph.
6
15 Subsections 19(7) and 20(4)
7
Repeal the subsections (not including the notes).
8
16 Section 49 (heading)
9
Repeal the heading, substitute:
10
49 Appropriations for the purposes of the Natural Resources
11
Management (Financial Assistance) Act 1992
12
17 Subsections 49(4) and (5)
13
Repeal the subsections.
14
Schedule 2 Repeals
Part 3 Saving and transitional provisions
20
Agriculture and Water Resources Legislation Amendment Bill 2016
No. , 2016
Part 3--Saving and transitional provisions
1
18 Saving provisions
--export charges
2
(1)
Despite the repeal of the Export Inspection Charges Collection Act
3
1985 made by Part 1, that Act, as in force immediately before the
4
commencement of this item, continues to apply on and after that
5
commencement in relation to charge imposed before that
6
commencement.
7
(2)
Despite the repeal of the Export Inspection (Establishment Registration
8
Charges) Act 1985 made by Part 1, that Act, as in force immediately
9
before the commencement of this item, continues to apply on and after
10
that commencement in relation to charge imposed before that
11
commencement.
12
(3)
Despite the repeal of the Export Inspection (Quantity Charge) Act 1985
13
made by Part 1, that Act, as in force immediately before the
14
commencement of this item, continues to apply on and after that
15
commencement in relation to charge imposed before that
16
commencement.
17
(4)
Despite the repeal of the Export Inspection (Service Charge) Act 1985
18
made by Part 1, that Act, as in force immediately before the
19
commencement of this item, continues to apply on and after that
20
commencement in relation to charge imposed before that
21
commencement.
22
19 Transitional provision
--transfer of records and
23
documents of National Rural Advisory Council to the
24
Department
25
(1)
This item applies to any records or documents that were in the
26
possession of the National Rural Advisory Council immediately before
27
the commencement of this item.
28
(2)
The records and documents are to be transferred to the Department after
29
the commencement of this item.
30
Note:
The records and documents transferred are Commonwealth records for the purposes of
31
the Archives Act 1983.
32