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This is a Bill, not an Act. For current law, see the Acts databases.
2002-2003
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
As read a third
time
Agriculture,
Fisheries and Forestry Legislation Amendment Bill (No. 2)
2003
No. ,
2003
A Bill for an Act to
amend the law relating to agriculture, fisheries and forestry, and for related
purposes
Contents
Part 1—Extension of the Quarantine Act to Christmas
Island 4
Part 2—Quarantine expenses and
fees 30
Part 3—Performance of quarantine officer
functions 34
Pig Industry Act
2001 45
Wool Services Privatisation Act
2000 46
THIS Bill originated in the House of Representatives; and,
having this day passed, is now ready for presentation to the Senate for its
concurrence.
House of Representatives
2 December
2003
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) 2003.
(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.
|
Commencement information |
||
|---|---|---|
|
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 after the day on which this Act receives the Royal Assent |
|
|
2. Schedule 1, Part 1, items 1 to 113 |
A single day to be fixed by Proclamation, subject to
subsection (3) |
|
|
3. Schedule 1, Part 1, items 114, 115 and 116 |
The later of: |
|
|
4. Schedule 1, Part 1, items 117 to 143 |
A single day to be fixed by Proclamation, subject to
subsection (3) |
|
|
5. Schedule 1, Parts 2 and 3 |
The day after the day on which this Act receives the Royal Assent |
|
|
6. Schedule 2 |
The day after the day on which this Act receives the Royal Assent |
|
|
7. Schedule 3 |
The day on which this Act receives the Royal Assent |
|
|
8. Schedule 4 |
Immediately after the commencement of section 2 of the Quarantine
Amendment (Health) Act 2003. |
26 September 2003 |
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 a provision covered by item 2 or 4 of the table does not
commence within the period of 6 months beginning on the day on which this Act
receives the Royal Assent, it commences on the first day after the end of that
period.
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.
Part 1—Extension
of the Quarantine Act to Christmas Island
1 Subsection 5(1) (definition of Adjacent
area)
Omit “of the Territory of Ashmore and Cartier Islands or of the
Territory of the Cocos Islands”, substitute “, of the Territory of
Ashmore and Cartier Islands, of the Territory of Cocos (Keeling) Islands or of
the Territory of Christmas Island”.
2 Subsection 5(1) (definition of
Australia)
Repeal the definition, substitute:
Australia, when used in a geographical sense, includes the
Territory of Ashmore and Cartier Islands.
3 Subsection 5(1)
Insert:
Christmas Island means the Territory of Christmas
Island.
4 Subsection 5(1)
Insert:
Christmas Island vessel means a vessel which does not voyage
or ply to or from any place outside Christmas Island.
5 Subsection 5(1) (definition of
Commonwealth)
Repeal the definition, substitute:
Commonwealth, when used in a geographical sense, includes the
Territory of Ashmore and Cartier Islands.
6 Subsection 5(1)
Insert:
first Christmas Island port of entry, in relation to a
vessel, means a first port of entry in Christmas Island for that
vessel.
7 Subsection 5(1) (definition of
Imported)
Omit “or into the Cocos Islands”, substitute “, into the
Cocos Islands or into Christmas Island”.
8 Subsection 5(1) (definition of overseas
vessel)
Repeal the definition, substitute:
overseas vessel means a vessel other than:
(a) an Australian vessel; or
(b) a Cocos Islands vessel; or
(c) a Christmas Island vessel;
and includes a vessel:
(d) that is on a voyage from Australia to the Cocos Islands or from the
Cocos Islands to Australia; or
(e) that is on a voyage from Australia to Christmas Island or from
Christmas Island to Australia; or
(f) that is on a voyage from the Cocos Islands to Christmas Island or from
Christmas Island to the Cocos Islands.
9 Transitional provision relating to overseas
vessels
A reference to an overseas vessel in any regulation, Proclamation, order,
determination, declaration or other document that was in force under the
Quarantine Act 1908 immediately before the date of commencement of
item 8 of this Schedule is taken, on and after that date, to be a reference
to an overseas vessel within the meaning of that Act as amended by that
item.
10 Subsection 5(1) (after
subparagraph (a)(ii) of the definition of
Pratique)
Insert:
or (iii) in the case of a vessel in, or about to arrive in, Christmas
Island—places outside Christmas Island;
11 Subsection 5(1) (definition of Quarantine
area)
Omit “the Commonwealth or the Cocos Islands”, substitute
“Australia, the Cocos Islands or Christmas Island”.
12 Subsection 5(1) (definition of Special
Quarantine Zone)
Repeal the definition, substitute:
Special Quarantine Zone means:
(a) in respect of Australia—an area declared by the Minister under
section 5A to be a Special Quarantine Zone in respect of Australia;
and
(b) in respect of Christmas Island—an area declared by the Minister
under section 5A to be a Special Quarantine Zone in respect of Christmas
Island; and
(c) in respect of the Cocos Islands—an area declared by the Minister
under section 5A to be a Special Quarantine Zone in respect of the Cocos
Islands.
13 Section 5A
Repeal the section, substitute:
The Minister may, by notice published in the Gazette, declare an
area described in the notice:
(a) to be a Special Quarantine Zone in respect of Australia; or
(b) to be a Special Quarantine Zone in respect of the Cocos Islands;
or
(c) to be a Special Quarantine Zone in respect of Christmas
Island;
for the purposes of this Act.
14 Saving of declarations
A declaration made under section 5A of the Quarantine Act 1908
that was in force immediately before the date of commencement of item 13 of
this Schedule continues in force, on and after that date, as if:
(a) the declaration had been made under section 5A of that Act as
amended by that item; and
(b) that declaration had provided that the area described was a Special
Quarantine Zone in respect of Australia.
15 Subparagraph 5D(a)(i)
Omit “or the Cocos Islands”, substitute “, the Cocos
Islands or Christmas Island”.
16 At the end of subsection
6(1)
Add “and to Christmas Island”.
17 At the end of section 6 (before the
note)
Add:
(3) Any references in provisions of this Act to Christmas Island do not
imply that references to Australia or to the Commonwealth in other provisions of
this Act do not also include references to Christmas Island.
Note: The heading to section 6 is replaced by the
heading “Extension of Act to Cocos Islands and Christmas
Island”.
18 Section 6 (note)
Repeal the note, substitute:
Note: Under paragraph 17(a) of the Acts Interpretation
Act 1901, in any Act Australia and
Commonwealth include the Cocos Islands and Christmas Island unless
the contrary intention appears.
19 Transitional provision—continuance of
old quarantine law
(1) If a person, vessel, animal, plant or other goods arrive at Christmas
Island before the date of commencement of the amendment of subsection 6(1) of
the Quarantine Act 1908 by item 16 of this Schedule, then, despite
that amendment, the quarantine law in force before that date continues to apply
in relation to that person, vessel, animal, plant or other goods for 2 months
commencing on that date as if that amendment had not been made.
(2) If, before the end of the 2 months referred to in subitem (1), the
Minister is satisfied that it is necessary that the quarantine law in force
before the amendment of subsection 6(1) of the Quarantine Act 1908 by
item 16 of this Schedule should continue to have effect as provided in that
subitem for a specified period after the end of that 2 months:
(a) the Minister may, by notice published in the Gazette, make a
declaration to that effect; and
(b) subitem (1) has effect as if there were substituted for the
reference to 2 months a reference to 2 months as extended of that specified
period.
(3) For the purposes of this item, the reference to the quarantine law in
force before the date of commencement of the amendment of subsection 6(1) of the
Quarantine Act 1908 by item 16 of this Schedule is a reference to
the Quarantine and Prevention of Disease Ordinance of the Colony of Singapore in
its application to Christmas Island.
20 Section 6AA
Repeal the section.
21 At the end of paragraphs 13(1)(a) and
(aaa)
Add “or”.
22 After paragraph
13(1)(aaa)
Insert:
(aab) declare any ports in Christmas Island to be first Christmas Island
ports of entry for overseas vessels; or
23 Paragraph 13(1)(aa)
Repeal the paragraph, substitute:
(aa) declare any place or area in Australia, the Cocos Islands or
Christmas Island to be a landing place for aircraft; or
24 Saving of Proclamations
A Proclamation made under paragraph 13(1)(aa) of the Quarantine Act
1908 that was in force immediately before the commencement of item 23
of this Schedule continues in force, on and after that date, as if it had been
made under paragraph 13(1)(aa) of that Act as amended by that item.
25 Paragraph 13(1)(b)
Omit “or the Cocos Islands”, substitute “, the Cocos
Islands or Christmas Island”.
26 At the end of paragraphs 13(1)(b), (c) and
(ca)
Add “or”.
27 Paragraph 13(1)(d)
Omit “or prohibit the introduction or importation into the Cocos
Islands,”, substitute “into the Cocos Islands, or into Christmas
Island,”.
28 At the end of paragraph
13(1)(d)
Add “or”.
29 Paragraph 13(1)(e)
Omit “or prohibit the importation into the Cocos Islands, of any
articles or things”, substitute “into the Cocos Islands, or into
Christmas Island, of any articles or things”.
30 At the end of paragraph
13(1)(e)
Add “or”.
31 Paragraph 13(1)(f)
Omit “or prohibit the importation into the Cocos Islands, of any
animals or plants,”, substitute “into the Cocos Islands, or into
Christmas Island, of any animals, plants or other goods,”.
32 At the end of paragraph
13(1)(f)
Add “or”.
33 Saving of Proclamations
A Proclamation made under paragraph (13)(1)(f) of the Quarantine
Act 1908 that was in force immediately before the date of commencement of
item 31 of this Schedule continues in force, on and after that date, as if
it had been made under paragraph 13(1)(f) of that Act as amended by that
item.
34 Paragraph 13(1)(fa)
Repeal the paragraph, substitute:
(fa) prohibit the bringing into any port or other place in Australia, the
Cocos Islands or into Christmas Island of any animals, plants or other goods, or
any parts of animals of plants; or
35 Saving of Proclamations
A Proclamation made under paragraph 13(1)(fa) of the Quarantine Act
1908 that was in force immediately before the date of commencement of
item 34 of this Schedule continues in force, on and after that date, as if
it had been made under paragraph 13(1)(fa) of that Act as amended by that
item.
36 Paragraphs 13(1)(g) and
(ga)
Repeal the paragraphs, substitute:
(g) prohibit the removal of any animals, plants or other goods, or any
parts of animals or plants:
(i) from any part of the Commonwealth to any other part of the
Commonwealth; or
(ii) from any part of the Cocos Islands to any other part of the Cocos
Islands; or
(iii) from any part of Christmas Island to any other part of Christmas
Island; or
(ga) prohibit the removal of any animals, plants or other goods, or any
parts of animals or plants:
(i) from Australia or a part of Australia to the Cocos Islands or a part
of the Cocos Islands; or
(ii) from the Cocos Islands or a part of the Cocos Islands to Australia or
a part of Australia; or
37 Saving of Proclamations
A Proclamation made under paragraph 13(1)(g) or (ga) of the Quarantine
Act 1908 that was in force immediately before the date of commencement of
item 36 of this Schedule continues in force, on and after that date, as if
it had been made under paragraph 13(1)(g) or (ga) of that Act as amended by that
item.
38 After paragraph
13(1)(ga)
Insert:
(gb) prohibit the removal of any animals, plants or other goods or any
parts of animals or plants:
(i) from Australia or a part of Australia to Christmas Island or a part of
Christmas Island; or
(ii) from Christmas Island or a part of Christmas Island to Australia or a
part of Australia; or
(gc) prohibit the removal of any animals, plants or other goods, or parts
of animals or plants:
(i) from the Cocos Islands or a part of the Cocos Islands to Christmas
Island or a part of Christmas Island; or
(ii) from Christmas Island or a part of Christmas Island to the Cocos
Islands or a part of the Cocos Islands; or
39 Paragraph 13(1)(h)
Repeal the paragraph, substitute:
(h) declare any part of the Commonwealth, of the Cocos Islands, or of
Christmas Island in which any disease or pest exists, or is suspected to exist,
to be a quarantine area; or
40 Saving of Proclamations
A Proclamation made under paragraph 13(1)(h) of the Quarantine Act 1908
that was in force immediately before the date of commencement of
item 39 of this Schedule continues in force, on and after that date, as if
it had been made under paragraph 13(1)(h) of that Act as amended by that
item.
41 Paragraph 13(1)(i)
Omit “or of the Cocos Islands”, substitute “, of the
Cocos Islands or of Christmas Island.”
42 After subsection 13(1B)
Insert:
(1C) The power to declare first Christmas Island ports of entry extends to
authorize the declaration of a port to be a first Christmas Island port of entry
for all overseas vessels, or for overseas vessels from any particular place, or
for any class of overseas vessels.
43 Paragraphs 13(2A)(a), (b) and
(c)
Omit “or the Cocos Islands” (wherever occurring), substitute
“, the Cocos Islands or Christmas Island”.
44 After subparagraph
13(2A)(d)(iii)
Insert:
or (iv) from a part of Christmas Island to another part of Christmas
Island; or
(v) from Australia or a part of Australia to Christmas Island or a part of
Christmas Island or from Christmas Island or a part of Christmas Island to
Australia or a part of Australia; or
(vi) from Christmas Island or a part of Christmas Island to the Cocos
Islands or a part of the Cocos Islands or from the Cocos Islands or a part of
the Cocos Islands to Christmas Island or a part of Christmas Island;
45 Subsection 13(3)
Omit “(h) and (i), so far as they relate to vessels, people, animals,
plants or other goods, or any disease or pest, are exercisable in relation to
the Commonwealth or the Cocos Islands”, substitute “(gb), (gc), (h)
and (i), so far as they relate to vessels, people, animals, plants or other
goods, or any disease or pest, are exercisable in relation to the Commonwealth,
the Cocos Islands or Christmas Island”.
46 After subparagraph
13(6)(b)(iv)
Insert:
or (v) from a part of Christmas Island to another part of Christmas
Island; or
(vi) from Australia or a part of Australia to Christmas Island or a part
of Christmas Island; or
(vii) from Christmas Island or a part of Christmas Island to Australia or
a part of Australia; or
(viii) from Christmas Island or a part of Christmas Island to the Cocos
Islands or a part of the Cocos Islands; or
(ix) from the Cocos Islands or a part of the Cocos Islands to Christmas
Island or a part of Christmas Island;
47 At the end of paragraph
14(a)
Add “and”.
48 At the end of subparagraphs 14(b)(i), (ia),
(ii), (iii) and (iv)
Add “or”.
49 After subparagraph
14(b)(v)
Insert:
(va) between ports in Christmas Island; or
(vb) between Australia and Christmas Island; or
(vc) between the Cocos Islands and Christmas Island; or
50 Subsection 16(AC)(1)
Omit “or the Cocos Islands”, substitute “, the Cocos
Islands or Christmas Island”.
51 Paragraph 16AC(2)(a)
Omit “or the Cocos Islands”, substitute “, the Cocos
Islands or Christmas Island”.
52 Subsections 16AD(1) and
16AF(1)
Omit “or the Cocos Islands” (wherever occurring), substitute
“, the Cocos Islands or Christmas Island”.
53 Paragraph 16AG(f)
Omit “or the Cocos Islands” (wherever occurring), substitute
“, the Cocos Islands or Christmas Island”.
54 Paragraph 17(1)(b)
After “Cocos Islands vessel”, insert “, a Christmas
Island vessel”.
55 After subparagraph
18(1)(a)(ii)
Insert:
or (iii) in the case of a vessel that has arrived in Christmas Island from
a place outside Christmas Island—its arrival in Christmas
Island;
56 Paragraph 18(1)(aa)
Omit “or a Cocos Islands vessel”, substitute “a Cocos
Islands vessel, or a Christmas Island vessel”.
57 Paragraph 18(1)(e)
Omit “or the Cocos Islands”, substitute “, the Cocos
Islands or Christmas Island”.
58 After subparagraph
18(2)(a)(ii)
Insert:
or (iii) in the case of a vessel that has arrived in Christmas Island from
a place outside Christmas Island—its arrival in Christmas
Island;
59 Paragraph 18(2)(aa)
Omit “or a Cocos Islands vessel”, substitute “a Cocos
Islands vessel, or a Christmas Island vessel”.
60 Subsections 19(1), (2), (3), (4), (5) and
(6)
After “Australia”, insert “or Christmas
Island”.
Note: The heading to section 19 is replaced by the
heading “Revival of Quarantine (Cocos
Islands)”.
61 After section 19
Insert:
(1) If a vessel that ceased to be subject to quarantine when in, or about
to arrive in, Christmas Island is about to arrive in Australia or the Cocos
Islands, the vessel again becomes subject to quarantine.
(2) If a person who ceased to be subject to quarantine when in, or about
to arrive in, Christmas Island is about to arrive in Australia or the Cocos
Islands, the person again becomes subject to quarantine.
(3) If goods that ceased to be subject to quarantine when in, or about to
arrive in, Christmas Island are about to arrive in Australia or the Cocos
Islands, the goods again become subject to quarantine.
(4) If a vessel that ceased to be the subject to quarantine when in, or
about to arrive in, Australia or the Cocos Islands is about to arrive in
Christmas Island, the vessel again becomes subject to quarantine.
(5) If a person who ceased to be subject to quarantine when in, or about
to arrive in, Australia or the Cocos Islands is about to arrive in Christmas
Island, the person again becomes subject to quarantine.
(6) If goods that ceased to be subject to quarantine when in, or about to
arrive in, Australia or the Cocos Islands are about to arrive in Christmas
Island, the goods again become subject to quarantine.
62 Subsection 20(1)
Omit “arriving in Australia or the Cocos Islands”, substitute
“arriving in Australia, the Cocos Islands or Christmas
Island”.
63 Paragraph 20(1)(a)
Repeal the paragraph, substitute:
(a) 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; and
64 Subsection 20(2)
Omit “arriving in Australia or the Cocos Islands”, substitute
“arriving in Australia, the Cocos Islands or Christmas
Island”.
65 Paragraph 20(2)(a)
Omit “or the Cocos Islands”, substitute “, the Cocos
Islands or Christmas Island”.
66 Paragraph 20(2)(b)
Omit “or of the Cocos Islands”, substitute “, of the
Cocos Islands or of Christmas Island”.
67 Paragraph 20A(a)
Omit “or the Cocos Islands”, substitute “, the Cocos
Islands or Christmas Island”.
68 Subsection 20AA(1)
Omit “brought to a place in Australia or in the Cocos Islands
specified in the notice, being a place other than a first port of entry, a first
Cocos Islands port of entry or a landing place”, substitute:
brought to:
(a) a place in Australia; or
(b) a place in the Cocos Islands; or
(c) a place in Christmas Island;
being a place other than a first port of entry, a first Cocos Island port
of entry, a first Christmas Island port in entry or a landing place.
69 Subsection 20B(1)
Repeal the subsection, substitute:
Proclamation of place
(1) If the Governor-General is of the opinion that there is danger of the
introduction into Australia, the Cocos Islands or Christmas Island by aircraft
of disease from any place outside Australia, the Cocos Islands or Christmas
Island, as the case may be, the Governor-General may, by Proclamation, declare
the place 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.
70 Saving of Proclamations
A Proclamation made under subsection of 20B(1) of the Quarantine Act
1908 that was in force immediately before the date of commencement of
item 69 of this Schedule continues in force on and after that date, as if
it had been made under subsection 20B(1) of that Act as substituted by that
item.
71 Subsections 20B(2), (3), (4) and
(5)
Omit “or the Cocos Islands” (wherever occurring), substitute
“, the Cocos Islands or Christmas Island”.
72 Subsection 20B(6)
Repeal the subsection, substitute:
Meaning of entry from place outside Australia, the Cocos Islands or
Christmas Island
(6) For the purpose of this section, and of any Proclamation under this
section, a person is taken to enter Australia, the Cocos Islands or Christmas
Island from a place outside Australia, the Cocos Islands or Christmas Island, as
the case may be, if he or she has been in that place within 21 days before his
or her arrival in Australia, the Cocos Islands or Christmas Island, as the case
may be.
73 Subsection 20C(1)
Omit “or the Cocos Islands”, substitute “, the Cocos
Islands or Christmas Island”
74 Subsections 20D(1), (2), (3) and
(4)
Omit “the Cocos Islands” (wherever occurring), substitute
“, the Cocos Islands or Christmas Island”.
75 Paragraph 21(1A)(b)
Omit “or the Cocos Islands” (wherever occurring), substitute
“, the Cocos Islands or Christmas Island”.
76 Paragraph 27A(1)(a)
Omit “or the Cocos Islands”, substitute “, the Cocos
Islands or Christmas Island”.
77 Subparagraphs 27A(1)(b)(i) and
(ii)
Repeal the subparagraphs, substitute:
(i) is intended to arrive at a place in Australia, the Cocos Islands or
Christmas Island from a place outside Australia, the Cocos Islands and Christmas
Island; or
(ii) is intended to arrive at a place in the Cocos Islands from a place in
Australia or in Christmas Island; or
(iii) is intended to arrive at a place in Christmas Island from a place in
Australia or in the Cocos Islands; or
78 Paragraphs 27A(1)(c) and
(d)
Repeal the paragraphs, substitute:
(c) a vessel (other than a overseas vessel or an aircraft), or an
installation (other than an overseas installation) that is intended to
arrive:
(i) at a place in Australia from a place in the Cocos Islands or in
Christmas Island; or
(ii) at a place in the Cocos Islands from a place in Australia or
Christmas Island; or
(iii) at a place in Christmas Island from a place in Australia or the
Cocos Islands; or
(d) a vessel (other than an overseas vessel, an aircraft or a prescribed
vessel) that is intended to arrive:
(i) at a place in Australia (other than a place in a Special Quarantine
Zone declared in respect of Australia or the Protected Zone) from a place in any
of those zones; or
(ii) at a place in the Cocos Islands (other than a place in a Special
Quarantine Zone declared in respect of the Cocos Islands) from a place in such a
zone; or
(iii) at a place in Christmas Island (other than a place in a Special
Quarantine Zone declared in respect of Christmas Island) from a place in such a
zone.
79 At the end of subsection
27A(2)
Add:
; or (c) in respect of a vessel or installation that is intended to arrive
at a place in Christmas Island—at that place.
80 Paragraph 27A(4)(b)
Omit “or the Cocos Islands”, substitute “, the Cocos
Islands or Christmas Island”.
81 Paragraph 27B(1)(a)
Omit “or the Cocos islands”, substitute “, the Cocos
Islands or Christmas Island”.
82 Paragraph 27B(1)(b)
Repeal the paragraph, substitute:
(b) is intended to arrive at a place in Australia (other than a place in a
Special Quarantine Zone in respect of Australia or the Protected Zone) from a
place in any of those zones; or
(c) is intended to arrive at a place in the Cocos Islands (other than a
place in a Special Quarantine Zone in respect of the Cocos Islands) from a place
in such a zone; or
(d) is intended to arrive at a place in Christmas Island (other than a
place in a Special Quarantine Zone in respect of Christmas Island) from a place
in such a zone.
83 Paragraph 28(1)(a)
Omit “or the Cocos Islands”, substitute “, the Cocos
Islands or Christmas Island”.
84 Paragraph 28(1)(b)
Repeal the paragraph, substitute:
(b) the master of a vessel that has arrived or is expected to
arrive:
(i) at a place in Australia (other than a place in the Protected Zone or
in a Special Quarantine Zone declared in respect of Australia) from a place in
any of those zones; or
(ii) at a place in the Cocos Islands (other than a place in a Special
Quarantine Zone declared in respect of the Cocos Islands) from a place in such a
zone; or
(iii) at a place in Christmas Island (other than a place in a Special
Quarantine Zone declared in respect of Christmas Island) from a place in such a
zone;
85 Paragraph 28(1)(d)
Omit “or the Cocos Islands”, substitute “, the Cocos
Islands or Christmas Island”.
86 Saving of requirements
Any requirement made by a quarantine officer under subsection 28(1) of the
Quarantine Act 1908 that was in force immediately before the date of
commencement of items 83, 84 and 85 of this Schedule continues in force, on
and after that date, as it if had been made under subsection 28(1) of that Act
as amended by those items.
87 Subsections 29A(1) and
(4)
Omit “or the Cocos Islands” (wherever occurring), substitute
“, the Cocos Islands or Christmas Island”.
88 Subsection 29A(5) (definition of overseas
vessel)
Repeal the definition, substitute:
overseas vessel includes:
(a) in relation to Australia:
(i) a vessel that travels to or from a place in Australia that is in the
Protected Zone; and
(ii) a vessel that travels from or through a Special Quarantine Zone in
respect of Australia; and
(b) in relation to the Cocos Islands—a vessel that travels from or
through a Special Quarantine Zone in relation to the Cocos Islands;
and
(c) in relation to Christmas Island—a vessel that travels from or
through a Special Quarantine Zone in respect of Christmas Island.
89 Subsection 29B(1)
Omit “or the Cocos Islands”, substitute “, the Cocos
Islands or Christmas Island”.
90 Subsection 29B(2)
Repeal the subsection, substitute:
Vessels or installations at a port or other place in Australia that may
be subject to directions
(2) The vessels or installations at a port or other place in Australia in
respect of which directions may be given under subsection (1)
are:
(a) an overseas vessel or an overseas installation; or
(b) a vessel that travels to or from a place in Australia that is in the
Protected Zone; or
(c) a vessel that travels from or through a Special Quarantine Zone in
respect of Australia; or
(d) another vessel or installation on which there are animals subject to
quarantine.
Vessels or installations at a port or place in the Cocos Islands that
may be subject to directions
(2A) The vessels or installations at a port or place in the Cocos Islands
in respect of which directions may be given under subsection (1)
are:
(a) an overseas vessel or an overseas installation; or
(b) a vessel that travels from or through a Special Quarantine Zone in
respect of the Cocos Islands; or
(c) another vessel or installation on which there are animals subject to
quarantine.
Vessels or installations at a port or place in Christmas Island that may
be subject to directions
(2B) The vessels or installations at a port or place in Christmas Island
in respect of which directions may be given under subsection (1)
are:
(a) an overseas vessel or an overseas installation; or
(b) a vessel that travels from or through a Special Quarantine Zone in
respect of Christmas Island; or
(c) another vessel or installation on which there are animals subject to
quarantine.
91 Saving of directions
A direction given by a Director of Quarantine under section 29B of the
Quarantine Act 1908 that was in force immediately before the date of
commencement of items 89 and 90 of this Schedule continues in force, on and
after that date, as if it had been given under section 29B of that Act as
amended by those items.
92 Subsection 32A(1)
Omit “or the Cocos Islands” (wherever occurring), substitute
“, the Cocos Islands or Christmas Island”.
93 Paragraph 33(1A)(a)
Omit all the words after “Australia”, substitute:
, 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; and
94 Paragraphs 33(4)(aa) to
(g)
Repeal the paragraphs, substitute:
(a) all places in Australia, or in the Cocos Islands, or in Christmas
Island; or
(b) all ports in Australia, or in the Cocos Islands, or in Christmas
Island, other than landing places; or
(c) all landing places in Australia, or in the Cocos Islands, or in
Christmas Island; or
(d) all places in a part of Australia, a part of the Cocos Islands, or a
part of Christmas Island, that is specified by the quarantine officer (human
quarantine) granting the pratique; or
(e) all ports in a part of Australia, a part of the Cocos Islands, or a
part of Christmas Island, that is specified by the quarantine officer (human
quarantine) granting the pratique, other than landing places; or
(f) all landing places in a part of Australia, a part of the Cocos
Islands, or a part of Christmas Island, that is specified by the quarantine
officer (human quarantine) granting the pratique; or
(g) a particular port, or particular ports, in Australia, in the Cocos
Islands, or in Christmas Island, that are specified by the quarantine officer
(human quarantine) granting the pratique; or
95 Transitional provision
A pratique granted by a quarantine officer (human quarantine) under
section 33 of the Quarantine Act 1908 that was in force immediately
before the date of commencement of items 93 and 94 of this Schedule
continues to have effect, according to its tenor, on and after that date, as if
it had been granted under section 33 of that Act as amended by those
items.
96 After subsection 35(1AA)
Insert:
(1AB) A quarantine officer may, by order in writing, order into quarantine
any goods (whether subject to quarantine or not) in Christmas Island that, in
his or her opinion, are, or are likely to be, infected with, or a source of
infection with, a disease or pest.
97 Subsection 35(2)
Omit “or the Cocos Islands”, substitute “, the Cocos
Islands or Christmas Island”.
98 At the end of
section 39
Add:
(3) Subsection (1) has effect, in relation to a vessel in Christmas
Island, as if the reference in that subsection to the appointed quarantine
station included a reference to the appointed place in Christmas
Island.
99 Subsections 44A(2), (3) and
(4)
Omit “or the Cocos Islands” (wherever occurring), substitute
“, the Cocos Islands or Christmas Island”.
100 Paragraph 44B(1)(b)
Omit “or the Cocos Islands”, substitute “, the Cocos
Islands or Christmas Island”.
101 Subsection 44B(5)
Omit “or the Cocos Islands” (wherever occurring), substitute
“, the Cocos Islands or Christmas Island”.
102 After paragraph
52(2)(b)
Insert:
or (c) imported into Christmas Island otherwise than for the purpose of
performing quarantine before being imported into Australia;
103 Subparagraph
55A(2)(b)(ib)
Repeal the subparagraph, substitute:
(ib) a vessel that travels to a place in Australia from or through a
Special Quarantine Zone in respect of Australia;
(ic) a vessel that travels to a place in the Cocos Islands from or through
a Special Quarantine Zone in respect of the Cocos Islands;
(id) a vessel that travels to a place in Christmas Island from or through
a Special Quarantine Zone in respect of Christmas Island;
104 After subparagraph
55A(2)(b)(iv)
Insert:
(iva) a Christmas Island vessel subject to quarantine;
105 At the end of paragraphs 59(2)(a), (aa),
(ab), (ac) and (b)
Insert “or”.
106 After paragraph
59(2)(b)
Insert:
(ba) between ports in Christmas Island; or
107 At the end of paragraphs 59(2)(c) and
(d)
Add “or”.
108 After paragraph
59(2)(e)
Insert:
(ea) between Australia and Christmas Island; or
(eb) between the Cocos Islands and Christmas Island; or
109 Subsection 66AA(5)
(subparagraphs (d)(i) and (ii) of the definition of infected
goods)
Omit “or the Cocos Islands” (wherever occurring), substitute
“, the Cocos Islands or Christmas Island”.
110 After subparagraph
66AA(5)(d)(vi)
Insert:
(vii) removed from the Cocos Islands to Christmas Island; or
(viii) removed from a part of Christmas Island to another part of
Christmas Island; or
(ix) removed from Australia to Christmas Island; or
(x) removed from Christmas Island to Australia; or
(xi) removed from Christmas Island to the Cocos Islands;
111 Subsection 66AB(3)
After “in the Cocos Islands”, insert “, or in Christmas
Island”.
112 Paragraph 66AB(3)(a)
After “on the Cocos Islands”, insert “or on Christmas
Island, as the case may be,”.
113 Subparagraphs 66AC(2)(b)(ii) and
(4)(a)(iii)
After “Cocos Islands” (wherever occurring), insert “or in
Christmas Island”.
114 Paragraphs 67(1)(a) and
(3)(a)
Omit “or the Cocos Islands” (wherever occurring), substitute
“, the Cocos Islands or Christmas Island”.
115 Subparagraph
67(4B)(a)(iv)
Omit “and”, substitute “or”.
116 At the end of paragraph
67(4B)(a)
Add:
(v) from a part of Christmas Island to another part of Christmas Island;
or
(vi) from Australia to Christmas Island; or
(vii) from Christmas Island to Australia; or
(viii) from Christmas Island to the Cocos Islands; and
117 Section 67A
Omit “or the Cocos islands”, substitute “, the Cocos
Islands or Christmas Island”.
118 Paragraph 68(1)(a)
Omit “or the Cocos islands”, substitute “, the Cocos
Islands or Christmas Island”.
119 At the end of paragraph
68(1)(b)
Add:
(v) from a part of Christmas Island to another part of Christmas Island;
or
(vi) from Australia to Christmas Island; or
(vii) from Christmas Island to Australia; or
(viii) from Christmas Island to the Cocos Islands; or
(ix) from the Cocos Islands to Christmas Island; or
120 Subsections 68(2), (3) and
(4)
Omit “or the Cocos Islands” (wherever occurring), substitute
“, the Cocos Islands or Christmas Island”.
121 Paragraph 68(9)(e)
Omit “or the Cocos Islands”, substitute “, the Cocos
Islands or Christmas Island”.
122 Section 68A
Omit “or the Cocos Islands” (wherever occurring), substitute
“, the Cocos Islands or Christmas Island”.
123 Subsections 69A(2) and
(4)
Omit “or the Cocos Islands” (wherever occurring), substitute
“, the Cocos Islands or Christmas Island”.
124 Paragraph 69A(9)(c)
Omit “or the Cocos Islands” (wherever occurring), substitute
“, the Cocos Islands or Christmas Island”.
125 Paragraph 69A(13)(b)
Omit “or the Cocos Islands”, substitute “, the Cocos
Islands or Christmas Island”.
126 Subsections 70(1), (3) and
70C(3)
Omit “or the Cocos Islands” (wherever occurring), substitute
“, the Cocos Islands or Christmas Island”.
127 Paragraphs 75A(2)(c), (d), (e), (f) and
(g)
Omit “or the first Cocos Islands port of entry” (wherever
occurring), substitute “the first Cocos Islands port of entry or the first
Christmas Island port of entry”.
128 Paragraphs 75A(12)(a) and
(b)
Omit “or the Cocos Islands” (wherever occurring), substitute
“, the Cocos Islands or Christmas Island”.
129 Subsection 75A(14)
Omit “or the Cocos Islands”, substitute “, the Cocos
Islands or Christmas Island”.
130 Subsection 75B(1)
Omit “or the Cocos Islands” (wherever occurring), substitute
“, the Cocos Islands or Christmas Island”.
131 Subsection 78A(1) (after paragraph (b)
of the definition of vessel)
Insert:
(ba) a Christmas Island vessel; or
132 Paragraph 86E(1)(c)
Omit “or in the Cocos Islands”, substitute “, in the
Cocos Islands or in Christmas Island”.
133 Paragraph 87(1)(e)
Omit “or the Cocos Islands” (wherever occurring), substitute
“, the Cocos Islands or Christmas Island”.
134 At the end of subparagraphs 87(1)(j)(i),
(ii) and (iii)
Add “and”.
135 After subparagraph
87(1)(j)(iv)
Insert:
(iva) on voyages between ports in Christmas Island; and
136 Paragraph 87(1)(j)
Omit “or the Cocos Islands”, substitute “, the Cocos
Islands or Christmas Island”.
137 Paragraph 87(1)(lb)
Omit “or the Cocos Islands”, substitute “, the Cocos
Islands or Christmas Island”.
138 Paragraph 87(1)(m)
Omit “or from the Cocos Islands”, substitute “, from the
Cocos Islands or from Christmas Island”.
139 Paragraph 87(1)(qa)
Omit “or the Cocos Islands” (wherever occurring), substitute
“, the Cocos Islands or Christmas Island”.
140 Paragraph 87(1A)(a)
Repeal the paragraph, substitute:
(a) apply in, or relate to, Australia, the Cocos Islands and Christmas
Island; or
141 At the end of paragraph
87(1A)(c)
Add:
; or (d) apply in, or relate to, Christmas Island only.
142 After subsection 87(1B)
Insert:
(1BA) Without limiting the generality of subsection (1), regulations
may be made under that subsection for the purpose of preventing the spread of
disease or pests to, or from, quarantine stations in Christmas Island or for the
purpose of preventing, eradicating or controlling diseases or pests in Christmas
Island, including regulations:
(a) conferring functions and powers, and imposing duties, on quarantine
officers, including:
(i) powers to enter, search and examine premises; and
(ii) powers to question persons; and
(iii) powers to examine animals and plants; and
(b) prohibiting the entry of animals into areas adjoining quarantine
stations in Christmas Island; and
(c) requiring the registration of live-stock and other domestic animals in
Christmas Island; and
(d) prohibiting the abandonment of animals in Christmas Island;
and
(e) requiring the notification of diseases or pests in animals and plants
in Christmas Island; and
(f) regulating the disposal of dead animals in Christmas Island;
and
(g) providing for the eradication of vermin in Christmas Island;
and
(h) prohibiting the growing of particular plants in Christmas Island or in
parts of Christmas Island; and
(i) providing for the destruction of animals or plants in Christmas
Island; and
(j) providing for the payment of compensation to the owners of any animals
or plants destroyed in pursuance of the regulations.
143 After subsection 87(1C)
Insert:
(1D) Despite the generality of section 8 of the Christmas Island
Act 1958, an ordinance of Christmas Island has effect to the extent only
that it is capable of operating concurrently with this Act and the
regulations.
Part 2—Quarantine
expenses and fees
144 Section 59A
Omit “, owner and agent”, substitute “and
owner”.
145 At the end of
section 59A
Add:
(2) Subject to subsection 63AA(1), if:
(a) a vessel is ordered into quarantine or ordered to be treated;
and
(b) a person is the agent of the master or owner of the vessel at the time
when a service is provided as a result of the vessel’s having been so
ordered into quarantine or ordered to be so treated;
that agent is liable to pay to the Commonwealth, on behalf of that master
or owner, the expenses connected with the performance of that service.
146 Section 61
Repeal the section.
147 Section 63 (second
sentence)
Omit “or agents”.
148 At the end of
section 63
Add:
(2) Subject to subsection 63AA(1), if:
(a) the Minister appoints a medical officer to take charge of the crew and
passengers of a vessel while in quarantine; and
(b) the Minister fixes the amount of remuneration to be paid to the
medical officer for his or her services; and
(c) a person is the agent of the owner of the vessel at the time when that
remuneration is fixed;
that agent is liable to pay to the Commonwealth, on behalf of that owner,
the remuneration so fixed.
149 After section 63A
Insert:
(1) If the master or owner of a vessel has met the liability to the
Commonwealth:
(a) under subsection 59A(1) in respect of expenses connected with the
performance of a service referred to in paragraph 59A(1)(a), (b) or (c);
or
(b) under subsection 63(1) in respect of remuneration to be paid to a
medical officer appointed by the Minister;
the liability of the agent of that master or owner is thereby
discharged.
(2) The liability of an agent of a master or owner to make a payment to
the Commonwealth on behalf of the master or owner:
(a) in respect of expenses connected with the performance of a service
referred to in paragraph 59A(1)(a), (b) or (c); or
(b) in respect of remuneration to be paid to a medical officer appointed
by the minister under subsection 63(1);
is not affected by the fact that, at the time the payment is required to be
made, the agent had not recovered an amount equivalent to those expenses or that
remuneration from the master or owner.
(3) If:
(a) the agent of a master or owner makes a payment to the Commonwealth on
behalf of the master or owner:
(i) in respect of expenses connected with the performance of a service
referred to in paragraph 59A(1)(a), (b) or (c); or
(ii) in respect of remuneration to be paid to a medical officer appointed
by the Minister under subsection 63(1); and
(b) at the time when the payment is made, the agent had not collected an
amount equivalent to those expenses or that remuneration from the master or
owner;
the agent may recover such an amount from the master or owner as a debt due
to the agent.
150 After subsection 64(1)
Insert:
(1AA) Subject to subsection (1AB), if:
(a) animals, plants or other goods are subject to quarantine or are under
quarantine surveillance; and
(b) a person is the agent of the importer or owner of those animals,
plants or other goods at the time when a service referred to in
paragraph (1)(a), (b), (c) or (d) is provided as a result of those animals,
plants or other goods being subject to quarantine or under quarantine
surveillance;
the agent must pay to the Commonwealth, on behalf of the importer or owner,
any expenses connected with the performance of that service in respect of those
animals, plants or other goods.
(1AB) If the importer or owner has met the liability to the Commonwealth
under subsection (1) in respect of any expenses connected with the
performance of a service referred to in paragraph (1)(a), (b), (c) or (d),
the liability of the agent of the importer or owner is thereby
discharged.
(1AC) The liability of an agent of an importer or owner to make a payment
to the Commonwealth on behalf of the importer or owner in respect of any
expenses connected with the performance of a service referred to in
paragraph (1)(a), (b), (c) or (d) is not affected by the fact that, at the
time when the payment is required to be made, the agent has not recovered an
amount equivalent to those expenses from the importer or owner.
(1AD) If:
(a) in accordance with subsection (1AA), the agent for an importer or
owner makes a payment to the Commonwealth on behalf of the importer or owner in
respect of any expenses connected with the performance of a service referred to
in paragraph (1)(a), (b), (c) or (d); and
(b) at the time when the payment is made, the agent has not collected an
amount equivalent to those expenses from the importer or owner;
the agent may recover such an amount from the importer or owner as a debt
due to the agent.
151 Subsection 64(3)
Omit “subsection (1)”, substitute “this
section”.
152 Paragraph 64(3)(b)
After “the owner of the animals, plants or goods”, insert
“, or the agent of that owner,”.
153 Subsection 64(4)
After “the owner of the animals, plants or goods concerned”,
insert “or the agent of that owner”.
154 Subsection 86E(2A)
Repeal the subsection, substitute:
(2A) A determination may:
(a) except to the extent that the determination relates to a quarantine
service to which paragraph (b) applies—state the period within which
fees are to be paid; and
(b) to the extent that the determination relates to a quarantine service
for which the fees can be worked out before the provision of the
service:
(i) make provision for an intended recipient of the service and if there
is a person who is known to the agent of the intended recipient, that agent, to
be informed of the fees before the service is provided; and
(ii) permit a quarantine officer to withhold the provision of the service
until the payment of the fees.
155 After subsection
86E(2C)
Insert:
(2CA) Without limiting the generality of paragraph (2C)(b), the
reference to a fee as set out in that paragraph includes a reference to a fee
that is a percentage per annum of the basic fee, worked out on a daily basis,
for each day after the payment day on which the basic fee remains
unpaid.
Part 3—Performance
of quarantine officer functions
156 Subsection 5(1)
Insert:
APS Code of Conduct has the same meaning as in the Public
Service Act 1999.
157 Subsection 5(1)
Insert:
company means a company registered as a company under the
Corporations Act 2001.
158 Subsection 5(1)
Insert:
contract pool person means an individual
included in the contract pool by a contract:
(a) made under section 11AA or 11AB; and
(b) currently in force.
159 Subsection 5(1) (definition of Quarantine
officer)
Repeal the definition, substitute:
quarantine officer means a person appointed under subsection
9(2), 9AA(3) or 9A(1).
160 Subsection 5(1)
Insert:
State officer means:
(a) an employee of a State or Territory, or an employee of an authority of
a State or Territory; or
(b) a State or Territory office holder;
who is covered by an arrangement made under:
(c) section 11; or
(d) section 71 of the Public Service Act 1999 in respect of
quarantine officer powers and functions.
161 After section 5
Insert:
(1) A reference to a quarantine officer in a context that
relates only to human quarantine is a reference to a quarantine officer (human
quarantine).
(2) A reference to a quarantine officer in a context that
relates only to animals is a reference to a quarantine officer
(animals).
(3) A reference to a quarantine officer in a context that
relates only to plants is a reference to a quarantine officer
(plants).
(4) A reference to a quarantine officer in any other case is
a reference to a quarantine officer (human quarantine), a quarantine officer
(animals) or a quarantine officer (plants).
162 Subsection 9(2)
Omit all of the words after “appoint”, substitute:
to be a quarantine officer (human quarantine):
(a) an APS employee; or
(b) a State officer; or
(c) a contract pool person.
163 At the end of
section 9
Add:
(4) A State officer may be appointed to be a Chief Quarantine Officer
under this section.
164 Subsection 9AA(3)
Omit all of the words after “by writing,”,
substitute:
appoint:
(a) an APS employee; or
(b) a State officer; or
(c) a contract pool person;
to be either or both of the following:
(d) a quarantine officer (animals);
(e) a quarantine officer (plants).
165 At the end of
section 9AA
Add:
(5) A State officer may be appointed to be a Chief Quarantine Officer
under this section.
166 Subsection 9A(1)
Omit all of the words after “her,”, substitute:
appoint:
(a) an APS employee; or
(b) a State officer;
to be a temporary quarantine officer for such period as he or she thinks
necessary.
167 Savings
The amendments made by items 162, 164 and 166 do not affect the
appointment of a quarantine officer that was in force immediately before the
commencement of this item.
168 After section 9A
Insert:
(1) Before a contract pool person is appointed under subsection 9(2) or
9AA(3), the Director of Quarantine must be satisfied that:
(a) the person is a suitable person to be a quarantine officer;
and
(b) the person has agreed to comply with the APS Code of Conduct in the
performance of duties as a quarantine officer, as if that person were an APS
employee.
(2) A contract pool person appointed under paragraph 9(2)(c) or 9AA(3)(c)
is not an APS employee.
(3) A contract pool person appointed as a quarantine officer must not,
except in the course of his or her duties as a quarantine officer, disclose any
fact or document which comes to his or her knowledge, or into his or her
possession, by virtue of being a quarantine officer.
Note: Section 70 of the Crimes Act 1914 provides
that a Commonwealth officer commits an offence if he or she discloses material
that he or she has a duty not to disclose where the disclosure is not to an
authorised person.
(1) The appointment of a contract pool person as a quarantine officer is
revoked by force of this section if the contract under section 11AA or 11AB
providing for the person to be a contract pool person ceases to be in
force.
(2) The revocation takes effect from the time the contract ceases to be in
force.
(3) This section does not limit the operation of any other provision of
this Act, or subsections 33(3) and (4) of the Acts Interpretation Act
1901, in respect of an appointment of a contract pool person as a quarantine
officer.
169 After paragraph
11(1)(a)
Insert:
(aa) the exercise of functions and powers by State officers who are
appointed as quarantine officers or Chief Quarantine Officers;
170 At the end of
section 11
Add:
Note: Section 71 of the Public Service Act 1999
also provides for the making of arrangements with a State or Territory for
State or Territory officers to perform Commonwealth functions.
171 After section 11
Insert:
(1) The Director of Human Quarantine may, on behalf of the Commonwealth,
enter into a contract with an individual for that individual to be included in
the contract pool.
(2) The Director of Human Quarantine may, on behalf of the Commonwealth,
enter into a contract with:
(a) a body corporate that is established for a public purpose by, or under
a law of, the Commonwealth, or of a State or Territory; or
(b) a company;
for an employee, or a class of employees or future employees, of that body
corporate or company to be included in the contract pool.
(1) The Director of Animal and Plant Quarantine may, on behalf of the
Commonwealth, enter into a contract with an individual for that individual to be
included in the contract pool.
(2) The Director of Animal and Plant Quarantine may, on behalf of the
Commonwealth, enter into a contract with:
(a) a body corporate that is established for a public purpose by, or under
a law of, the Commonwealth, or of a State or Territory; or
(b) a company;
for an employee, or a class of employees or future employees, of that body
corporate or company to be included in the contract pool.
172 Subsection 66AC(1)
After “officer”, insert “, other than a contract
officer,”.
173 At the end of
section 66AC
Add:
(5) In subsection (1):
contract officer means an officer appointed under paragraph
9(2)(c) or 9AA(3)(c).
174 Subsection 66AE(1)
After “officer” (first occurring), insert “, other than a
contract officer,”.
175 Subsection 66AE(3)
After “officer”, insert “, other than a contract
officer,”.
176 At the end of
section 66AE
Add:
(4) In this section:
contract officer means an officer appointed under paragraph
9(2)(c) or 9AA(3)(c).
177 Subsection 66AF(1)
After “officer”, insert “, other than a contract
officer,”.
178 At the end of
section 66AF
Add:
(8) In this section:
contract officer means an officer appointed under paragraph
9(2)(c) or 9AA(3)(c).
1 After section 2
Insert:
The object of this Act is to provide for the compliance of food imported
into Australia with Australian food standards and the requirements of public
health and safety.
2 Subsection 3(1)
Insert:
compliance agreement means a compliance agreement entered
into under section 35A.
3 Subsection 3(1)
Insert:
label means any tag, brand, mark or written statement, any
representation or design, or any descriptive matter, attached to, used in
connection with, or accompanying, any food or package containing food.
4 Subsection 3(1)
Insert:
package includes any container or wrapper in or by which food
is wholly or partly encased, covered, enclosed, contained or packaged and, in
respect of food that is in more than one package, includes each such
package.
5 After subsection 8(1)
Insert:
(1A) Paragraph (1)(a) does not apply to applicable standards relating
to information on labels for packages containing food.
6 After section 8
Insert:
(1) A person may only deal with food imported into Australia if the food
meets applicable standards relating to information on labels for packages
containing food.
Penalty: Imprisonment for 10 years.
(2) Subsection (1) does not apply to a dealing with food for the
purpose of altering or replacing the label on the package containing the food in
order to meet applicable standards referred to in that subsection.
Note: A defendant bears an evidential burden in relation to
the matter in this subsection. See subsection 13.3(3) of the Criminal
Code.
7 Subsections 9(1) and (1A)
Repeal the subsections, substitute:
(1) A person (other than an officer of Customs, or an authorised officer,
acting in the course of his or her duties) may only deal in a particular manner
with examinable food that the person knows:
(a) has been imported into Australia; and
(b) is food in respect of which a food control certificate has not been
issued;
if either of the following applies:
(c) the person has obtained the approval of an authorised officer to deal
with the food in that manner;
(d) the person is dealing with the food in that manner in accordance with
a compliance agreement.
Penalty: Imprisonment for 10 years.
(1A) A person (other than an officer of Customs, or an authorised officer,
acting in the course of his or her duties) may only deal in a particular manner
with examinable food that the person knows:
(a) has been imported into Australia; and
(b) is food in respect of which a food control certificate has been
issued; and
(c) is food for which an imported food inspection advice has not been
issued;
if either of the following applies:
(d) the person has obtained the approval of an authorised officer to deal
with the food in that manner;
(e) the person is dealing with the food in that manner in accordance with
a compliance agreement.
Penalty: Imprisonment for 10 years.
(1B) Subsection (1A) does not apply to a dealing with food for the
purpose of altering or replacing the label on the package containing the food in
order to meet applicable standards relating to information on labels for
packages containing food.
Note: A defendant bears an evidential burden in relation to
a matter in this subsection. See subsection 13.3(3) of the Criminal
Code.
Note: The heading to section 9 is replaced by the
heading “Offences relating to dealing with examinable
food”.
8 Paragraph 16(2)(i)
Repeal the paragraph, substitute:
(i) permit variation in the incidence of inspection, or inspection and
analysis, of food if:
(i) a recognised foreign government certificate or a recognised quality
assurance certificate covering the food is given to an authorised officer and
the officer has no reason to doubt the authenticity or reliability of the
certificate; or
(ii) a compliance agreement applies in respect of the food; and
9 Subsection 23(1)
After “this Act”, insert “or a compliance
agreement”.
10 Subsection 24(2)
After “this Act”, insert “or a compliance
agreement”.
11 Before section 36
Insert:
(1) The Secretary may, on behalf of the Commonwealth, enter into an
agreement (a compliance agreement) with a person in connection
with:
(a) the application of particular procedures in respect of food that may
be imported into Australia in accordance with the agreement; and
(b) the keeping of records by the person in respect of the person’s
compliance with those procedures; and
(c) the supervision, monitoring and testing of the person’s
compliance with those procedures.
(2) The terms of a compliance agreement must be in accordance with this
section and the regulations.
(3) A compliance agreement may provide that, in circumstances stated in
the agreement, the Secretary may, by written notice given to a party to the
agreement other than the Commonwealth, cancel or vary the agreement or suspend
its operation for a period, or until the happening of an event, stated in the
notice.
(4) An authorised officer may notify a party to a compliance agreement
other than the Commonwealth in writing of procedures to which the agreement is
to extend in addition to those specifically referred to in the agreement and, if
such a notification is given, the agreement has effect as if those procedures
were referred to in it.
(5) An authorised officer may allow food to which a compliance agreement
applies to be dealt with on the basis of a certificate or assurance, given by a
person authorised under the agreement to give such a certificate or assurance,
that all the procedures to which the agreement refers have been complied with in
respect of the food.
(6) A party to a compliance agreement other than the Commonwealth commits
an offence if:
(a) that party fails to ensure that a requirement imposed on that party
under the agreement in respect of a matter referred to in paragraph (1)(a)
or (c) is complied with; and
(b) the failure caused a significant risk to public health.
Penalty: Imprisonment for 10 years.
(7) A party to a compliance agreement other than the Commonwealth commits
an offence if that party fails to ensure that a requirement imposed on that
party under the agreement in respect of a matter referred to in
paragraph (1)(a) or (c) is complied with.
Penalty: 200 penalty units.
(8) A party to a compliance agreement other than the Commonwealth commits
an offence if that party fails to ensure that a requirement imposed on that
party under the agreement in respect of a matter referred to in
paragraph (1)(b) is complied with.
Penalty: 60 penalty units.
(9) An offence against subsection (8) is an offence of strict
liability.
(10) In this section:
procedures, in respect of food, includes any dealings with
food and also includes the inspection and testing (including the incidence of
inspection and testing), analysis and treatment of food.
12 Subsection 36(11) (after paragraph (d)
of the definition of chargeable service)
Insert:
(da) the entering into a compliance agreement in respect of the food;
or
13 Subparagraph 42(9)(b)(i)
Omit “24(4)”, substitute “28(4)”.
1 At the end of
section 10
Add:
(10) If there is an unmatched R&D excess for a financial year that
started or starts on or after 1 July 2001, the amount spent by the eligible
body in the following financial year on activities that qualify, under the
funding contract, as research and development activities is taken, for the
purposes of this section (including for the purposes of this subsection and
subsection (11)), to be increased by the amount of the unmatched R&D
excess.
Note: This means that research and development expenditure
that is not “50% matched” in one financial year because of the cap
in subsection (6) or paragraph (8)(a) can be carried forward into
later years.
(11) For the purposes of subsection (10), there is an unmatched
R&D excess for a financial year if:
(a) the eligible body spends a particular amount (the R&D spend
amount) in the financial year on activities that qualify, under the
funding contract, as research and development activities; and
(b) because of the operation of subsection (6) or
paragraph (8)(a), the matching payments in respect of the financial year
are less than 50% of the R&D spend amount;
and the amount of the unmatched R&D excess is:
(12) Subsection (13) applies if the sum of the amounts that became
payable to the Corporation under paragraph 30(1)(b) of the Research and
Development Act was less than 50% of the Corporation’s qualifying R&D
expenditure because of the operation of section 31 or 32 of that
Act.
(13) If this subsection applies, the amount spent by the eligible body in
the financial year that started on 1 July 2001 on activities that qualify,
under the funding contract, as research and development activities is taken, for
the purposes of this section (including for the purposes of
subsections (10) and (11)), to be increased by the amount worked out using
the following formula:
(14) In subsections (12) and (13):
Corporation means the Pig Research and Development
Corporation.
qualifying R&D expenditure of the Corporation means the
sum of the amounts spent by the Corporation before 30 June 2001 on
activities covered by section 33 of the Research and Development Act
(other than paragraph 33(1)(d) of that Act).
Research and Development Act means the Primary Industries
and Energy Research and Development Act 1989.
Wool Services Privatisation
Act 2000
2 After subsection 31(8)
Insert:
(8A) If there is an unmatched R&D excess for a financial year that
started or starts on or after 1 July 2001, the amount spent by the research
body in the following financial year on activities that qualify, under the
funding contract, as research and development activities is taken, for the
purposes of this section (including for the purposes of this subsection and
subsection (8B)), to be increased by the amount of the unmatched R&D
excess.
Note: This means that research and development expenditure
that is not “50% matched” in one financial year because of the cap
in subsection (6) or paragraph (7)(a) can be carried forward into
later years.
(8B) For the purposes of subsection (8A), there is an unmatched
R&D excess for a financial year if:
(a) the research body spends a particular amount (the R&D spend
amount) in the financial year on activities that qualify, under the
funding contract, as research and development activities; and
(b) because of the operation of subsection (6) or
paragraph (7)(a), the category B payments in respect of the financial year
are less than 50% of the R&D spend amount;
and the amount of the unmatched R&D excess is:
1 Subsection 2(1) (table item 3, 2nd
column)
Omit “Agriculture, Fisheries and Forestry Legislation Amendment
Act (No. 1) 2003”, substitute “Agriculture, Fisheries
and Forestry Legislation Amendment Act (No. 2)
2003”.
(119/02)