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This is a Bill, not an Act. For current law, see the Acts databases.
1998-99
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)
1999
No. ,
1999
(Agriculture, Fisheries and
Forestry)
A Bill for an Act to amend the
law relating to agriculture, fisheries and forestry, and for related
purposes
ISBN: 0642 406022
Contents
Australian Horticultural Corporation Act
1987 11
Farm Household Support Act
1992 11
Primary Industries and Energy Legislation Amendment Act (No. 1)
1996 11
Part 1—Change of name of
Committee 12
Part 2—Amendments of references to
“Committee” 14
Part
3—Transitional 15
A Bill for an Act to amend the law relating to
agriculture, fisheries and forestry, and for related
purposes
The Parliament of Australia enacts:
This Act may be cited as the Agriculture, Fisheries and Forestry
Legislation Amendment Act (No. 2) 1999.
(1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
(2) Schedule 2 commences on the later of the following days:
(a) 1 July 1999;
(b) the first day of the first month that begins after the day on which
this Act receives the Royal Assent.
(3) Items 2 and 3 of Schedule 3 are taken to have commenced on 28 June
1996.
(4) Schedule 6 is taken to have commenced on 1 April 1999.
Subject to section 2, 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this Act is amended or repealed as set out in the applicable items in the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.
1 Subsection 21(1)
Omit “7”, substitute “30”.
2 Subsection 21(3)
Omit “7”, substitute “30”.
3 After subsection 35(2)
Insert:
(2A) An objection is of no effect unless it is accompanied by the
prescribed fee.
4 Paragraph 37(5)(c)
Repeal the paragraph, substitute:
(c) if it is conducted to deal with a request for revocation of
PBR:
(i) by the person making the request, where the test growing shows that
there are no valid reasons for the revocation; or
(ii) by the grantee where the test growing shows that there are valid
reasons for the revocation.
5 After subsection 37(5)
Insert:
(6) If a contracting party, or a national or an organisation of a
contracting party, requests the Secretary to conduct in Australia a test growing
of a plant variety, the Secretary may decide to conduct the test growing as so
requested.
(7) If the Secretary decides to conduct a test growing under subsection
(6), subsections (1), (2), (3), (4) and (5) apply to such test growing as
if:
(a) the person or organisation requesting the test growing under
subsection (6) was an applicant for PBR; and
(b) the test growing had been decided on in relation to that
application.
6 Subsection 43(6)
After “breeder”, insert “, either”.
7 Transitional provision
(1) If:
(a) a person first sold a plant variety in the territory of a contracting
party other than Australia after 9 November 1988 and before 10 November 1990;
and
(b) the person lodged an application for PBR under the Plant
Breeder’s Rights Act 1994 more than 4 years but less than 6 years
after the date of that first sale; and
(c) the application was rejected only because of the operation of
subsection 43(6) of that Act;
then, despite the terms of that subsection and subject to subitem (2), the
Registrar may further consider that application as if the sales of that plant
variety occurring after 9 November 1988 but more than 4 years before the
application had not taken place.
(2) Subitem (1) does not apply in relation to an application referred to in
that subitem unless the applicant in relation to that application, or any
successor in title to that applicant, notifies the Registrar, in writing, to
take action under this item in relation to that application within 6 months
after the commencement of this item.
8 Subsection 50(5)
Omit “a plant variety (the initial variety) is
essentially derived from another plant variety”, substitute “a plant
variety is essentially derived from another plant variety (the initial
variety)”.
9 After subsection 50(9)
Insert:
(9A) An application under subsection (8) or (9) is of no effect unless it
is accompanied by the prescribed fee.
10 Subsection 61(2)
Repeal the subsection, substitute:
(2) In order to foster public access to the information contained in the
Register, the Registrar may disseminate that information on the Internet or in
such other manner as the Registrar considers most likely to enhance its
accessibility.
11 Subparagraph
80(2)(a)(iv)
Omit “and”.
12 At the end of paragraph
80(2)(a)
Add:
and, if the matter is not dealt with by another provision of this Act,
specifying the time at which, or the circumstances in which, such fees are to be
paid and the manner of payment of such fees; and
1 Subsection 4(1) (definition of buying
agent)
After “business”, insert “(including the business of a
settlement agent or a solicitor)”.
2 Subsection 4(1) (paragraphs (b) and (c) of the
definition of examinable documents)
Repeal the paragraphs, substitute:
(b) the handling, storing, transporting, processing, marketing, purchasing
or selling of collection products; or
(c) the purchasing or selling of prescribed goods or services in relation
to collection products of any kind;
3 Subsection 4(1) (definition of leviable
weight)
Repeal the definition.
4 Subsection 4(1) (at the end of paragraphs
(da), (fa), (fb), (fc) and (ga) of the definition of
producer)
Add “or”.
5 Subsection 4(1) (subparagraph (h)(ii) of the
definition of producer)
Repeal the subparagraph.
6 Subsection 4(1) (subparagraph (h)(iii) of the
definition of producer)
Omit “where neither subparagraph (i) nor (ii) apply”,
substitute “in any other case”.
7 Subsection 4(1) (at the end of paragraphs (hb)
and (ha) of the definition of producer)
Add “or”.
8 Subsection 4(1) (definition of
proprietor)
Repeal the definition, substitute:
proprietor means:
(a) in relation to an abattoir:
(i) if a licence is required under any law of the Commonwealth or of a
State or Territory to carry on abattoir activities—the person who holds
the licence; or
(ii) if no licence is required under any such law—the person
carrying on the business of operating the abattoir; and
(b) in relation to any other processing establishment—the person
carrying on the business of processing collection products in that
establishment.
9 Subsection 4(1) (definition of selling
agent)
After “business”, insert “(including the business of a
settlement agent or a solicitor)”.
10 Paragraphs 7(1)(d), (2)(c), (3)(a) and
(3A)(a)
Omit “that remains unpaid by the producer”.
11 After subsection 7(3A)
Insert:
(3B) An agreement between a producer and an intermediary that purports,
expressly or implicitly, to require the producer to pay levy or charge as a
condition for the provision of services by the intermediary is void to that
extent, if the intermediary would otherwise have to pay an amount under this
section in relation to that levy or charge.
12 Subsection 8(1)
Omit “the unpaid levy or charge on the products”, substitute
“the amount in relation to levy or charge for which the intermediary is
liable under that subsection”.
13 Subsection 8(2)
Repeal the subsection, substitute:
(2) When an intermediary deducts an amount under subsection (1) in respect
of levy or charge:
(a) the producer is discharged from liability to pay that levy or charge
to the extent of the amount deducted; and
(b) the intermediary must:
(i) give the producer, within 7 days after the date of deduction, a
receipt or other written statement acknowledging deduction and specifying the
date on which it was made; and
(ii) in accordance with this Act, pay any amount in relation to the levy
or charge that the intermediary is liable to pay on behalf of the
producer.
14 Paragraph 15(3)(a)
Omit “collection goods”, substitute “prescribed
goods”.
Note: The heading to section 15 is altered by omitting
“non-payment” and substituting “late
payment”.
15 Paragraph 15(3)(a)
Omit “prescribed product”, substitute “collection
product”.
16 Paragraph 15(4)(a)
Omit “collection goods and”, substitute “prescribed goods
or”.
17 Subsection 16(2)
Omit “$2,000”, substitute “$5,000”.
18 Subsection 19(1)
After “occupier”, insert “or person in
charge”.
19 Paragraph 19(2)(b)
After “inspect,”, insert “examine,”.
20 After section 19
Insert:
A person must not obstruct or hinder an authorised person in the exercise
of his or her power under section 19 if the authorised person is exercising the
power in accordance with a warrant issued under section 20.
Penalty: 30 penalty units
If an authorised person enters any premises under section 19 in
accordance with a warrant issued under section 20, the occupier or the person in
charge must, if required to do so by the authorised person, provide reasonable
assistance to the authorised person in the exercise of his or her power under
that section in relation to such premises.
Penalty: 30 penalty units
21 Subsection 22(5)
Omit “occupier of the premises for the occupier’s
inspection”, substitute “occupier or the person in charge of the
premises for inspection”.
22 Subsection 24(1)
(penalty)
Repeal the penalty, substitute:
Penalty: 60 penalty units.
23 At the end of section 24
Add:
(4) If a person is convicted of an offence under subsection (1):
(a) the court may direct the person to give the return or information that
he or she is required to give by or under this Act; and
(b) on being so directed, the person must give the return or information
to an authorised person within the time specified in the direction.
24 After paragraph 30(2)(b)
Insert:
(ba) requiring persons who produce prescribed goods or provide prescribed
services, and any other persons prescribed in relation to such goods or
services, to make and keep accounts and other records in respect of such goods
or services; and
25 After paragraph 30(2)(c)
Insert:
(ca) requiring persons who produce prescribed goods or provide prescribed
services, and any other persons prescribed in relation to such goods or
services, to give returns or information for the purposes of this Act;
and
26 Paragraph 30(2)(d)
Repeal the paragraph, substitute:
(d) establishing offences, punishable on conviction by a fine not
exceeding 10 penalty units, for a failure to comply with requirements of the
regulations.
27 Saving provision
If, under regulations made for the purposes of section 30 of the Primary
Industries Levies and Charges Collection Act 1991 as in force immediately
before the commencement of this item, it is an offence to contravene any
particular provision of the regulations, then, despite the repeal and
substitution of paragraph 30(2)(d) of that Act by item 26:
(a) that offence continues to have effect, after that time, as if the
amendment made by item 26 had been in force at the time the offence was created
and the offence had been duly created for the purposes of section 30 of that Act
as so amended; and
(b) if any proceedings have been started but not completed in relation to
that offence as at the commencement of this item, those proceedings are
unaffected by that amendment of section 30 of that Act.
Australian
Horticultural Corporation Act 1987
Note: The heading to section 38 is altered by omitting
“Tribunals” and substituting
“Tribunal”.
Farm
Household Support Act 1992
1 Section 29A (note before note
2)
Repeal the note, substitute:
Note 1: For the person’s rate, see section
24A.
Primary
Industries and Energy Legislation Amendment Act (No. 1)
1996
2 Item 2 of
Schedule 7 (heading)
Repeal the heading, substitute:
2 At the end of Part 10
Note: This item, together with item 3, corrects a
misdescribed amendment of the Australian Wool Research and Promotion
Organisation Act 1993.
3 Item 2 of Schedule 7
Omit “Repeal the section, substitute:”, substitute
“Add:”.
Note: This item, together with item 2, corrects a
misdescribed amendment of the Australian Wool Research and Promotion
Organisation Act 1993.
Part
1—Change of name of
Committee
1 Title
Omit “a National Landcare Advisory Committee”,
substitute “an Australian Landcare Council”.
2 Subsection 4(1) (definition of
Committee)
Repeal the definition.
3 Subsection 4(1)
Insert:
Council means the Australian Landcare Council established by
section 13.
4 Part 4 (heading)
Repeal the heading, substitute:
5 Division 1 of Part 4
(heading)
Repeal the heading, substitute:
6 Subsection 13(1)
Omit “a National Landcare Advisory Committee”, substitute
“an Australian Landcare Council”.
Note: The heading to section 13 is replaced by the heading
“Australian Landcare Council”.
7 Division 2 of Part 4
(heading)
Repeal the heading, substitute:
8 Subsection 27(3)
Repeal the subsection.
Part
2—Amendments of references
to “Committee”
9 Multiple amendments
The provisions of the Natural Resources
Management (Financial Assistance) Act 1992 specified in this Part are
amended by omitting “Committee” (wherever occurring) and
substituting “Council”.
10 Subsection 4(1) (definition of
Chairperson)
11 Subsection 4(1) (definition of
member)
12 Paragraph 11(5)(b)
13 Subsection 13(2)
14 Subsection 14(1)
Note: The heading to section 14 is altered by omitting
“Committee” and substituting
“Council”.
15 Subsection 14(7)
16 Subsection 15(1)
17 Subsection 19(1)
18 Paragraph 20(3)(a)
19 Subsection 20(4)
20 Subsection 23(1)
21 Subsection 23(2)
22 Subsection 23(3)
23 Subsection 27(1)
Note: The heading to section 27 is altered by omitting
“Committee” and substituting
“Council”.
24 Transitional—continuity of membership
etc. not affected by amendments
The amendments made by this Schedule do not affect:
(a) the continuity, after this Schedule commences, of the existence of the
body that is renamed by those amendments as the Australian Landcare Council;
or
(b) the continuing validity of the appointment of the members, the
Chairperson, and any deputy members, of the Council.
1 Part 1 of the Schedule
Repeal the Part, substitute:
Note: At present, there are no industry councils established
by this Act.
1 Section 4 (definition of
Council)
Repeal the definition, substitute:
Council means the National Rural Advisory Council.
2 Part 2 (heading)
Repeal the heading, substitute:
3 Section 5
Omit “Rural Adjustment Scheme”, substitute “National
Rural”.
4 Subsection 6(4)
Omit “functions”, substitute “function”.
5 Section 8
Repeal the section, substitute:
The function of the Council is to give the Minister such advice and
information as the Minister requests about the following matters:
(a) rural adjustment generally;
(b) regional issues, and in particular matters relating to agreements with
States under section 20E;
(c) matters relating to declarations of exceptional
circumstances;
(d) training issues, and in particular the Farm Business Improvement
Program;
(e) any other matter that the Minister requests advice or information
about.
6 Section 9
Omit “functions”, substitute “function”.
7 Transitional—continuity of Council not
affected by amendments
The amendments made by this Schedule do not affect the continuity, after
this Schedule commences, of the existence and the membership of the body that is
renamed by those amendments as the National Rural Advisory
Council.
1 Subsection 4(1) (at the end of the definition
of wine)
Add “, and includes a grape product declared by the regulations to be
wine for the purposes of this Act”.
2 Paragraph 5D(a)
After “wine is made”, insert “from grapes
grown”.
3 Section 39C (at the end of the definition of
examinable document)
Add:
; or (d) any other document that is relevant to monitoring or enforcing
compliance with a label law.
4 Section 39C (definition of
wine)
Repeal the definition.
5 Section 39C (definition of wine
premises)
Repeal the definition, substitute:
wine premises means any premises, place or conveyance where
it is reasonable to assume that wine goods or examinable documents are or might
be located.
6 Paragraph 39G(2)(c)
After “characteristics”, insert “and other
details”.
7 Paragraph 39H(2)(c)
After “characteristics”, insert “and other
details”.
8 Paragraph 39J(2)(c)
After “characteristics”, insert “and other
details”.
9 Paragraph 39K(2)(c)
After “characteristics”, insert “and other
details”.
10 Paragraph 39M(2)(e)
After “characteristics”, insert “and other
details”.
11 Paragraph 39N(3)(c)
After “characteristics”, insert “and other
details”.
12 Paragraph 39P(2)(c)
After “characteristics”, insert “and other
details”.
13 Paragraph 39Q(2)(c)
After “characteristics”, insert “and other
details”.
14 Paragraph 39R(3)(e)
After “characteristics”, insert “and other
details”.
15 At the end of section
39W
Add:
(2) Also, the record must show details of every step the wine manufacturer
who must make the record took, in manufacturing the wine or extract, that
changed or affected:
(a) if the section requiring the record applies because of a claim about
vintage—the vintage of the wine or extract; or
(b) if that section applies because of a claim about variety—the
variety of the wine or extract; or
(c) if that section applies because of a claim about region of
origin—the geographical indication of the wine or extract; or
(d) in any case—the tank or other place or thing in which the wine
or extract was stored; or
(e) in any case—the volume of the wine or extract stored in any such
tank, place or thing.
(3) The details required under subsection (2) in relation to a wine or
extract must be in a form that allows an audit trail containing its history of
the wine’s manufacture to be readily traced from the record. It must be
possible for the details of the steps taken and the results of the steps to be
readily checked for discrepancies by following the sequence of the steps
recorded.
16 Application of
amendments
The amendments made by items 6 to 15 apply to wines and grape extracts that
are begun to be manufactured after the commencement of this item.
17 At the end of section
39ZAAA
Add:
(2) In proceedings for an offence against this section, if the
prosecution:
(a) does not prove whether the wine concerned was a single wine or a
blend; but
(b) does prove that, in either case, the defendant would have committed an
offence against this section;
the prosecution does not have to prove whether the wine was a single wine
or a blend in order to prove the offence.
18 Section 39ZK
Omit “section 39ZH”, substitute “section
39ZJ”.
19 Subsection 39ZL(2)
Omit “subsection (1)”, substitute “subsection
(1A)”.
20 At the end of Part VIB
Add:
The provisions of Part VIA relating to inspections, including Division 4
of that Part, apply in relation to this Part in the same way as they apply in
relation to Part VIA, with the following modifications:
(a) references in that Part to label laws are treated as
references to the requirements of this Part and of regulations made for the
purposes of this Part;
(b) references in that Part to label offences are treated as
references to offences against this Part and against regulations made for the
purposes of this Part.
21 At the end of section 44
Add:
(2) The provisions of Part VIA relating to inspections, including Division
4 of that Part, apply in relation to this section in the same way as they apply
in relation to that Part, with the following modifications:
(a) references in that Part to label laws are treated as
references to the requirements of the regulations relating to the export of
grape products from Australia;
(b) references in that Part to label offences are treated as
references to offences against this section.