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This is a Bill, not an Act. For current law, see the Acts databases.
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Agriculture, Fisheries and Forestry
Legislation Amendment Bill (No. 2) 2002
First
Reading
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2002
The Parliament of the
Commonwealth of
Australia
HOUSE OF REPRESENTATIVES
Presented and read a first
time
Agriculture, Fisheries and
Forestry Legislation Amendment Bill (No. 2) 2002
No. ,
2002
(Agriculture, Fisheries and Forestry)
A
Bill for an Act to amend the law relating to agriculture, fisheries and
forestry, and for related purposes
Contents
A Bill for an
Act to amend the law relating to agriculture, fisheries and forestry, and for
related purposes
The Parliament of Australia enacts:
1
Short title
This Act may be cited as the Agriculture, Fisheries
and Forestry Legislation Amendment Act (No. 2) 2002.
2
Commencement
(1) Each provision of this Act specified in column
1 of the table commences, or is taken to have commenced, on the day or at the
time specified in column 2 of the table.
|
Column 1 |
Column 2 |
Column 3 |
|
Provision(s) |
Commencement |
Date/Details |
|
1. Sections 1 to 3 and anything in this Act not elsewhere covered by
this table |
The day on which this Act receives the Royal Assent |
|
|
2. Schedules 1, 2 and 3 |
The day after this Act receives the Royal Assent |
|
|
3. Schedule 4, items 1 and 2 |
The 28th day after the day on which this Act receives the Royal
Assent |
|
|
4. Schedule 4, items 3 to 5 |
The later of: |
|
|
5. Schedule 4, items 6 to 22 |
The 28th day after the day on which this Act receives the Royal
Assent |
|
|
6. Schedule 4, item 23 |
The later of: |
|
|
7. Schedule 4, items 24 to 33 |
The 28th day after the day on which this Act receives the Royal
Assent |
|
|
8. Schedule 5, items 1 to 3 |
Immediately before the commencement of item 1 of Schedule 1 to
the Agriculture, Fisheries and Forestry Legislation Amendment Act
(No. 1) 2002, subject to subsection (3) |
|
|
9. Schedule 5, items 4 to 7 |
The 28th day after the day on which this Act receives the Royal Assent,
subject to subsection (3) |
|
|
10. Schedule 6 |
Immediately after the time specified in the Dairy Industry Legislation
Amendment Act 2002 for the commencement of item 4 of Schedule 1 to
that Act |
|
Note: This table relates only to the provisions of this Act as
originally passed by the Parliament and assented to. It will not be expanded to
deal with provisions inserted in this Act after assent.
(2) Column 3
of the table is for additional information that is not part of this Act. This
information may be included in any published version of this
Act.
(3) If item 1 of Schedule 1 to the Agriculture,
Fisheries and Forestry Legislation Amendment Act (No. 1) 2002 commences
before the commencement of item 1 of Schedule 4 to this Act,
Schedule 5 does not commence at all.
3
Schedule(s)
Each Act that is specified in a Schedule to this Act is
amended or repealed as set out in the applicable items in the Schedule
concerned, and any other item in a Schedule to this Act has effect according to
its terms.
Schedule 1Australian Wine and
Brandy Corporation Act 1980
1 Before paragraph
8(2)(aa)
Insert:
(aaa) to do anything for the purpose of
giving effect to a prescribed wine-trading agreement; and
2 At the end
of section 40ZD
Add:
(3) If:
(a) it
appears to the Corporation that:
(i) an entry in the Register is
not, or has ceased to be, necessary; or
(ii) an entry in the
Register is included in the wrong part of the Register;
and the inclusion
of the entry in the Register, or in that part of the Register, did not result
from a determination made by the Committee under Division 4;
or
(b) it appears to the Corporation that an entry should not have
been included in the Register, or an entry in the Register is incorrect, because
of a clerical or similar error;
the Corporation may direct the Registrar
to omit the entry from the Register, to omit the entry from that part of the
Register and insert it in the correct part, or to correct the entry, as the case
requires.
(4) In subsection (3):
entry
includes a part of an entry.
(5) The Registrar must comply with a
direction given under subsection (3).
3 After
section 44
Insert:
44AA Time for bringing
prosecutions
Despite section 15B of the Crimes Act 1914,
a prosecution for an offence against section 44 of this Act that is
committed after the commencement of this section may be brought at any time
within 7 years after the commission of the offence.
4 At the end of
paragraph 46(1)(a)
Add and.
5 After paragraph
46(1)(a)
Insert:
(b) requiring the doing of acts or
things necessary to be done for the purpose of giving effect to a prescribed
wine-trading agreement; and
6 At the end of paragraphs 46(1)(c), (d),
(e) and (f)
Add and.
Schedule 2Export Control Act
1982
1 After paragraph 25(5)(ab)
Insert:
; or
(ac) for the purposes of setting out requirements for the preparation of
prescribed goods in Australia that are to be imported into a country that has
not made an instrument or writing setting out such requirementsany matter
contained in:
(i) the Australia New Zealand Food Standards Code
(within the meaning of the Food Standards Australia New Zealand Act
1991); or
(ii) the Codex Alimentarius issued by the body known
as the Codex Alimentarius Commission of the Food and Agriculture Organization of
the United Nations and the World Health Organization;
as in force at a
particular time or as in force from time to
time;
Schedule 3National Residue Survey
Administration Act 1992
1
Section 4
Insert:
applicable products
means:
(a) food products; or
(b) products of a primary
industry; or
(c) any other products that are of a kind used as
inputs to the production of products referred to in paragraph (a) or
(b);
whether or not the products have been subjected to any
process.
2
Section 4
Insert:
process, in relation to a
product, means the performance of any operation in relation to the product, and
includes, but is not limited to, the harvesting, chilling, freezing, drying,
bottling, packing, canning or preserving of the product.
3
Section 4
Insert:
products of a primary
industry means products that result from any of the
following:
(a) agriculture or the cultivation of
land;
(b) the maintenance of animals for commercial
purposes;
(c) fishing or aquaculture;
(d) hunting or
trapping;
(e) horticulture;
(f) any other primary
industry activity.
4
Section 4
Insert:
Secretary means Secretary
of the Department.
5 Paragraph 8(1)(a)
Repeal the
paragraph, substitute:
(a) making payments, in accordance with an
expenditure program approved by the Minister, for purposes related
to:
(i) the monitoring and reporting of the level of contaminants in
applicable products; and
(ii) if the relevant body (as determined by
the Minister) in the industry concerned agrees to the program extending to
expenditure under this subparagraphthe testing, either on a random basis or in
specific cases, of applicable products or the environment for the purpose of
tracing the sources of contaminants and determining the causes of contamination;
and
(iii) if the relevant body (as determined by the Minister) in
the industry concerned agrees to the program extending to expenditure under this
subparagraphthe testing and reporting of the level of contaminants in applicable
products or the environment, and any associated activities, for the purpose of
investigating the potential sources, and determining the potential causes, of
such contaminants; and
(iv) if the relevant body (as determined by
the Minister) in the industry concerned agrees to the program extending to
expenditure under this subparagraphthe prevention of contamination in, and the
management of risks associated with, contamination of applicable products;
and
6 Subparagraph 8(1)(b)(iii)
Repeal the subparagraph,
substitute:
(iii) the carrying out of any activities of kinds
referred to in paragraph (a) or any related activities; and
7
Section 11
Repeal the section, substitute:
11 Release
of information
(1) Subject to subsection (2), information
collected under the activities referred to in section 8 using funds paid or
reimbursed out of the Reserve that identifies a particular person may not be
released to any other person.
(2) Information of a kind mentioned in
subsection (1) may be released:
(a) to authorities of the
Commonwealth, of a State or of a Territory that are responsible for the
monitoring or regulation of agricultural or veterinary chemical residues and
contaminants in applicable products or the environment for the purpose of such
monitoring or regulation or the management of associated risks;
and
(b) to a person whom the Secretary has approved in writing to be
an appropriate person to be granted access to the
information.
(3) The Secretary has power to grant approvals for the
purposes of paragraph (2)(b).
(4) An approval is to
specify:
(a) each person who may be granted access to the relevant
information under paragraph (2)(b); and
(b) the purpose or
purposes for which the information can be used.
(5) A person to whom
information is released under paragraph (2)(b) commits an offence if the
information is used otherwise than for a purpose specified in the
approval.
Penalty: Imprisonment for 12 months.
(6) This
section does not affect the operation of section 27 of the Primary
Industries Levies and Charges Collection Act 1991.
(7) The
Secretary may, in writing, delegate to an APS employee in the Department the
power to give approvals under paragraph (2)(b).
(8) A delegate
is, in the exercise of a delegated power, subject to the directions of the
Secretary.
Schedule 4Quarantine Act 1908
1 Subsection
5(1)
Insert:
engage in conduct has the same
meaning as in the Criminal Code.
2 Subsection 5(1)
(paragraph (b) of the definition of offence against this
Act)
Omit section 6, 7 or 7A or subsection 86(1) of the
Crimes Act 1914, substitute section 6 of the Crimes Act 1914
or section 11.1, 11.4 or 11.5 of the Criminal Code.
3
Subsection 20(1)
Repeal the subsection,
substitute:
(1) The master of an overseas vessel arriving in
Australia, the Cocos Islands or Christmas Island is guilty of an offence if the
master permits the vessel to enter a place in Australia, the Cocos Islands or
Christmas Island other than a port declared to be a first port of entry, a first
Cocos Islands port of entry or a first Christmas Island port of entry, as the
case may be.
Maximum penalty: Imprisonment for 5
years.
(1A) Subsection (1) does not apply if the entry is made
with the permission of the Minister given under
section 20AA.
Note: A defendant bears an evidential burden in
relation to the matter in subsection (1A) (see subsection 13.3(3) of the
Criminal Code).
4 Section 20A
Repeal the
section, substitute:
20A Overseas aircraft to land only at landing
places unless permission given
(1) The commander of an overseas
aircraft is guilty of an offence if the commander permits the aircraft to land
in Australia, the Cocos Islands or Christmas Island at a place other than a
landing place.
Maximum penalty: Imprisonment for 5
years.
Note: The commander will not be guilty of an offence if the
landing was due to sudden or extraordinary emergency (see section 10.3 of
the Criminal Code).
(2) Subsection (1) does not apply if
the landing is made with the permission of the Minister given under
section 20AA.
Note: A defendant bears an evidential burden in
relation to the matter in subsection (2) (see subsection 13.3(3) of the
Criminal Code).
5 Subsection 20B(2)
Repeal the
subsection, substitute:
Offence by commander of
aircraft
(2) The commander of any aircraft entering Australia,
the Cocos Islands or Christmas Island is guilty of an offence if the commander
permits the aircraft to enter from or through a place declared under
subsection (1) to be a place in relation to which this section applies in
respect of Australia, the Cocos Islands or Christmas Island, as the case may
be.
Maximum penalty: Imprisonment for 10 years.
Offence by
operator of aircraft
(2A) The operator of any aircraft entering
Australia, the Cocos Islands or Christmas Island is guilty of an offence if the
operator permits the aircraft to enter from or through a place declared under
subsection (1) to be a place in relation to which this section applies in
respect of Australia, the Cocos Islands or Christmas Island, as the case may
be.
Maximum penalty: Imprisonment for 10 years.
6
Subsections 24(1) and (2)
Repeal the subsections,
substitute:
(1) An unauthorised person must not:
(a) go
on board or alongside any vessel subject to quarantine or on which the
quarantine signal is displayed; or
(b) approach within 30 metres of
any prescribed signal on a landing place.
Maximum penalty: 50
penalty units.
(1A) Subsection (1) does not apply if the person
does the things mentioned in that subsection as the master or a member of the
crew of a tug that is carrying out operations as a tug.
Note: A
defendant bears an evidential burden in relation to the matters in
subsection (1A) (see subsection 13.3(3) of the Criminal
Code).
(2) An unauthorised person must not go on board or
alongside any installation subject to quarantine or on which the quarantine
signal is displayed.
Maximum penalty: 50 penalty
units.
(2A) Subsection (2) does not apply if the person goes on
board or alongside the installation as the master or a member of the crew of a
tug that is carrying out operations as a tug.
Note: A defendant
bears an evidential burden in relation to the matters in subsection (2A)
(see subsection 13.3(3) of the Criminal Code).
7 Subsections
25A(1) and (2)
Omit for the purpose of, substitute to achieve the
result of.
8 Subsection 26(1)
Omit except for the purpose
of complying with section 26A.
9 After subsection
26(1)
Insert:
(1A) Subsection (1) does not apply if
the masters intention in allowing the vessel to be brought into the port is to
comply with section 26A.
Note: A defendant bears an evidential
burden in relation to the matter in subsection (1A) (see subsection 13.3(3)
of the Criminal Code).
10 Subsection 29(1)
Omit
without the written permission of a quarantine officer.
11 After
subsection
29(1)
Insert:
Exception
(1A) Subsection (1)
does not apply if the master leaves the vessel or installation with the written
permission of a quarantine officer.
Note: A defendant bears an
evidential burden in relation to the matter in subsection (1A) (see
subsection 13.3(3) of the Criminal Code).
12 Paragraph
29A(4)(a)
Omit without the permission in writing of a quarantine
officer.
13 Paragraph 29A(4)(b)
Omit where a permission in
writing, substitute if a permission mentioned in subsection (4A) has
been.
14 Paragraph 29A(4)(b)
After installation, insert and
the permission.
15 After subsection
29A(4)
Insert:
Exception
(4A) Paragraph (4)(a)
does not apply if the removal is made with the written permission of a
quarantine officer.
Note: A defendant bears an evidential burden in
relation to the matter in subsection (4A) (see subsection 13.3(3) of the
Criminal Code).
16 Subsection 30(1)
Omit shall not
(unless authorized by a quarantine officer to do so), substitute must
not.
17 After subsection
30(1)
Insert:
(1A) Subsection (1) does not apply if
the person leaves the vessel or quarantine area with the authorisation of a
quarantine officer.
Note: A defendant bears an evidential burden in
relation to the matter in subsection (1A) (see subsection 13.3(3) of the
Criminal Code).
18 Paragraphs 35A(7)(b), (8)(b), (9)(b) and
(10)(b)
Omit without the permission of a quarantine officer (human
quarantine).
19 After subsection
35A(10)
Insert:
Exception
(10A) Subsections (7),
(8), (9) and (10) do not apply if the person leaves the vessel or installation
with the permission of a quarantine officer (human
quarantine).
Note: A defendant bears an evidential burden in
relation to the matter in subsection (10A) (see subsection 13.3(3) of the
Criminal Code).
20 Subsection 40(1)
Omit without the
written permission of a quarantine officer.
21 After subsection
40(1)
Insert:
(1A) Subsection (1) does not apply if
the vessel or installation is moved with the written permission of a quarantine
officer.
Note: A defendant bears an evidential burden in relation to
the matter in subsection (1A) (see subsection 13.3(3) of the Criminal
Code).
22 Subsection 44(2)
Omit No person shall
knowingly, substitute A person must not.
23 Subsections 44A(2) and
(3)
Repeal the subsections, substitute:
(2) A person must
not remove from a prescribed vessel any goods on the vessel that are subject to
quarantine.
Maximum penalty: Imprisonment for 10
years.
(3) The master of a prescribed vessel must not permit to be
removed from the vessel any goods on the vessel that are subject to
quarantine.
Maximum penalty: Imprisonment for 10
years.
(3A) Subsections (2) and (3) do not apply if the
goods:
(a) form part of the cargo of the vessel that is to be landed
in the country, being Australia, the Cocos Islands or Christmas Island, where
the vessel is; or
(b) are removed with the permission of a
quarantine officer or in compliance with this Act or the
Regulations.
Note: A defendant bears an evidential burden in
relation to the matters in subsection (3A) (see subsection 13.3(3) of the
Criminal Code).
24 Subsection 44A(5)
Omit Except
with the permission of a quarantine officer, where, substitute If.
25
At the end of
section 44A
Add:
(6) Subsection (5) does not
apply if the person lands the goods at a place with the permission of a
quarantine officer.
Note: A defendant bears an evidential burden in
relation to the matter in subsection (6) (see subsection 13.3(3) of the
Criminal Code).
26 Section 49
Repeal the
section, substitute:
49 Unlawful damage by
officers
(1) An officer must not do an act that results in the
destruction of, or damage to, any goods under his or her charge in the
performance of quarantine.
Maximum penalty: Imprisonment for 2
years.
(2) Subsection (1) does not apply if the officer is
permitted by this Act or any other law to do the act in respect of the
goods.
Note: A defendant bears an evidential burden in relation to
the matter in subsection (2) (see subsection 13.3(3) of the Criminal
Code).
27 Subsections 72(3) and (4)
Omit shall, unless
prevented by illness or some other cause,, substitute must.
28 After
subsection 72(4)
Insert:
(4A) Subsections (3) and
(4) do not apply if the person is prevented from attending by illness or some
other cause.
Note: A defendant bears an evidential burden in
relation to the matter in subsection (4A) (see subsection 13.3(3) of the
Criminal Code).
29 Subsection 74(2)
Repeal the
subsection, substitute:
(2) An unauthorised person must not engage
in conduct that results in the interference with, removal or defacement of, any
notice affixed under this section.
Maximum penalty: 50 penalty
units.
30 Subsection 75A(6)
Repeal the subsection,
substitute:
(6) A person (other than an approved person or a person
assisting an approved person under subsection (5)) who moves a vessel from
the place at which it is detained under subsection (4) is guilty of an
offence.
Maximum penalty: Imprisonment for 10
years.
(6A) Subsection (6) does not apply if the person moves
the vessel with the written permission of an approved
person.
Note: A defendant bears an evidential burden in relation to
the matter in subsection (6A) (see subsection 13.3(3) of the Criminal
Code).
31 Section 78B
Repeal the section,
substitute:
78B Mooring of insanitary vessels
(1) If,
in the opinion of a quarantine officer, a vessel in a port is in an insanitary
condition favourable to the spread of communicable disease, the officer may,
instead of exercising his or her powers under subsection 78A(2) or 78AA(1),
direct the master of the vessel to moor the vessel at a place in the port
specified by the officer.
(2) If a direction is given under
subsection (1), the master of the vessel:
(a) must cause the
vessel to be taken to, and moored at, the place in the port specified by the
officer; and
(b) if the vessel is moored in compliance with
paragraph (a), must not move the vessel, or allow the vessel to be moved,
from that place.
Maximum penalty: Imprisonment for 2
years.
(3) Paragraph (2)(a) does not apply if the vessel
immediately leaves the port.
Note: A defendant bears an evidential
burden in relation to the matter in subsection (2) (see subsection 13.3(3)
of the Criminal Code).
(4) Paragraph (2)(b) does not
apply if the master moves the vessel:
(a) with the intention of
taking the vessel out of the port; or
(b) by reason of stress of
weather or for other reasonable cause; or
(c) with the permission of
a quarantine officer.
Note: A defendant bears an evidential burden
in relation to the matters in subsection (3) (see subsection 13.3(3) of the
Criminal Code).
32 Paragraph 78C(2)(b)
Omit ,
without the permission of a quarantine officer.
33 After subsection
78C(2)
Insert:
(2A) Subsection (2) does not apply if
the person does the things mentioned in paragraph (2)(b) with the
permission of a quarantine officer.
Note: A defendant bears an
evidential burden in relation to the matter in subsection (2A) (see
subsection 13.3(3) of the Criminal
Code).
Schedule 5Contingent amendments relating to Christmas
Island
Note: If item 1 of Schedule 1 to the
Agriculture, Fisheries and Forestry Legislation Amendment Act (No. 1)
2002 commences before the commencement of item 1 of Schedule 4 to
this Act, this Schedule does not come into operation. See subsection
2(3).
Agriculture, Fisheries and Forestry
Legislation Amendment Act (No. 1)
2002
1 Items 62, 63 and 67 of
Schedule 1
Repeal the items.
2 Item 71 of
Schedule 1 (heading)
Omit 20B(2), (3), substitute
20B(3).
3 Item 99 of Schedule 1
(heading)
Omit Subsections 44A(2), (3) and (4), substitute
Subsection 44A(4).
Quarantine Act
1908
4 Subsection
20(1)
Repeal the subsection, substitute:
(1) The master
of an overseas vessel arriving in Australia or the Cocos Islands is guilty of an
offence if the master permits the vessel to enter a place in Australia or the
Cocos Islands other than a port declared to be a first port of entry or a first
Cocos Islands port of entry, as the case may be.
Maximum
penalty: Imprisonment for 5 years.
(1A) Subsection (1)
does not apply if the entry is made with the permission of the Minister given
under section 20AA.
Note: A defendant bears an evidential
burden in relation to the matter in subsection (1A) (see subsection 13.3(3)
of the Criminal Code).
5 Section 20A
Repeal the
section, substitute:
20A Overseas aircraft to land only at landing
places unless permission given
(1) The commander of an overseas
aircraft is guilty of an offence if the commander permits the aircraft to land
in Australia or the Cocos Islands at a place other than a landing
place.
Maximum penalty: Imprisonment for 5
years.
Note: The commander is not guilty of an offence if the
landing is due to sudden or extraordinary emergency (see section 10.3 of
the Criminal Code).
(2) Subsection (1) does not apply if
the landing is made with the permission of the Minister given under
section 20AA.
Note: A defendant bears an evidential burden in
relation to the matter in subsection (2) (see subsection 13.3(3) of the
Criminal Code).
6 Subsection 20B(2)
Repeal the
subsection, substitute:
Offence by commander of
aircraft
(2) The commander of any aircraft entering Australia or
the Cocos Islands is guilty of an offence if the commander permits the aircraft
to enter from or through a place declared under subsection (1) to be a
place in relation to which this section applies in respect of Australia or the
Cocos Islands, as the case may be.
Maximum penalty: Imprisonment for
10 years.
Offence by operator of aircraft
(2A) The
operator of any aircraft entering Australia or the Cocos Islands is guilty of an
offence if the operator permits the aircraft to enter from or through a place
declared under subsection (1) to be a place in relation to which this
section applies in respect of Australia or the Cocos Islands, as the case may
be.
Maximum penalty: Imprisonment for 10 years.
7
Subsections 44A(2) and (3)
Repeal the subsections,
substitute:
(2) A person must not remove from a prescribed vessel
any goods on the vessel that are subject to quarantine.
Maximum
penalty: Imprisonment for 10 years.
(3) The master of a
prescribed vessel must not permit to be removed from the vessel any goods on the
vessel that are subject to quarantine.
Maximum penalty: Imprisonment
for 10 years.
(3A) Subsections (2) and (3) do not apply if the
goods:
(a) form part of the cargo of the vessel that is to be landed
in the country, being Australia or the Cocos Islands, where the vessel is;
or
(b) are removed with the permission of a quarantine officer or in
compliance with this Act or the regulations.
Note: A defendant bears
an evidential burden in relation to the matters in subsection (3A) (see
subsection 13.3(3) of the Criminal Code).
Schedule 6Dairy
Industry Legislation Amendment Act 2002
1 Item 4 of
Schedule 1 (heading)
Omit subclause 119(2B) of
Schedule 1, substitute subsection 119(2B).
$$A