Commonwealth of Australia Explanatory Memoranda Commonwealth of Australia Explanatory Memoranda[Index] [Search] [Download] [Bill] [Help]
2016
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF REPRESENTATIVES
AGRICULTURE AND WATER RESOURCES LEGISLATION AMENDMENT BILL
2016
EXPLANATORY MEMORANDUM
(Circulated by authority of the Deputy Prime Minister and
Minister for Agriculture and Water Resources
the Hon. Barnaby Joyce MP)
AGRICULTURE AND WATER RESOURCES LEGISLATION AMENDMENT BILL
2016
GENERAL OUTLINE
The Agriculture and Water Resources Amendment Bill 2016 (Bill) will make amendments to
a range of portfolio legislation and repeal redundant legislation.
A companion bill called the Excise Levies Legislation Amendment (Honey) Bill 2016 will
make minor amendments to the Primary Industries (Excise) Levy Act 1999 and to the
National Residue Survey (Excise) Levy Act 1998 to remove unnecessary regulation relating to
the giving of certificates that are no longer used by the honey industry.
The Bill will amend 13 portfolio Acts to cease four redundant statutory bodies, remove
unnecessary regulation and improve the operation of existing legislation. A number of the
proposed amendments include minor changes to policy.
The Bill will also repeal 12 Acts that are redundant or no longer required relating to
legislation covering agricultural and veterinary chemicals, the national residue survey, export
charges and quarantine fees, rural adjustment and the meat and live-stock and wool
industries.
A number of portfolio industries will benefit from the Bill with the removal of unnecessary
regulation, streamlined administrative practices and reduced complexity making legislation
applying to them easier to understand.
For example, the Bill will amend the Fisheries Management Act 1991 to remove an
unnecessary administrative burden on the fishing industry. Currently, permit holders need to
complete an application form each year to apply for a new permit. The amendments will
allow the Australian Fisheries Management Authority (AFMA) to grant existing permit
holders a new permit without the need for them to complete application forms. This will
lessen the regulatory burden for fisheries permit holders each year.
The Australian Meat and Live-stock Industry Act 1997 currently requires meat exporters to
have a licence to export meat-by-products such as skin, hide, tallow, meat meal and inedible
offal. The Bill will remove this requirement. As these products are not for human
consumption, an export licence is not needed.
The Bill also includes a number of measures aimed at improving efficiency and reducing
unnecessary administration. For example, the Bill will cease the National Rural Advisory
Council, Australian Pesticides and Veterinary Medicines Authority (APVMA) Advisory
Board and Fishing Industry Policy Council. These government bodies have either served their
intended purpose or due to the range of other advice and consultation mechanisms available,
are no longer required. The merit review functions of the Statutory Fishing Rights Allocation
Review Panel (panel) will also be transferred to the Administrative Appeals Tribunal and the
panel will be ceased as a separate review body.
A number of minor amendments are included in the Bill to improve the readability of
portfolio Acts. For example, approximately 40 pages of text of an international fisheries
treaty will be deleted from the Fisheries Management Act 1991. This is consistent with
current legislative drafting practice.
2
A summary of the Acts included in the Bill for amendment or repeal is below. The
explanatory notes provide a detailed explanation, together with information about the
consultation undertaken by the Department of Agriculture and Water Resources, as relevant.
Schedule 1 - amendments
Agricultural and Veterinary Chemicals (Administration) Act 1992 to cease the APVMA
Advisory Board.
Agricultural and Veterinary Chemicals Code Act 1994 to amend the information that
must be provided by the APVMA to Food Standards Australia New Zealand and to make
a minor technical amendment.
Australian Meat and Live-stock Industry Act 1997 to remove the requirement for an
export licence to export meat by-products; to repeal obsolete provisions that provide for
payments to industry marketing and research bodies and to remove the requirement for
certain documents relating to the Australian Livestock Export Corporation Limited to be
tabled in Parliament.
Biosecurity Act 2015 to make minor technical amendments.
Dairy Produce Act 1986 to remove the requirement for certain documents relating to
Dairy Australia Limited and the Dairy Structural Adjustment Fund to be tabled in
Parliament.
Farm Household Support Act 2014 to remove the ability of the Secretary to delegate their
general rule-making power. This amendment responds to concerns raised by the Senate
Standing Committee on Regulations and Ordinances in its Delegated legislation monitor
No. 12 of 2014.
Fisheries Administration Act 1991 to cease the Fishing Industry Policy Council.
Fisheries Management Act 1991 to allow AFMA, on its own initiative, to renew an
existing permit without existing permit holders needing to re-apply; transfer the functions
of the Statutory Fishing Rights Allocation Review Panel to the Administrative Appeals
Tribunal and cease the panel; and to remove the text of the Treaty on Fisheries between
the Governments of Certain Pacific Island States and the United States of America.
Forestry Marketing and Research and Development Services Act 2007 to remove the
requirement for certain documents relating to Forest and Wood Products Australia
Limited to be tabled in Parliament.
Illegal Logging Prohibition Act 2012 to allow the Secretary to delegate powers, relating
to the retention of seized things, to inspectors appointed under the Act.
Primary Industries Research and Development Act 1989 to remove the requirement for
the Minister to organise an annual co-ordination meeting for the chairs of the statutory
research and development corporations.
Sugar Research and Development Services Act 2013 to remove the requirement for
certain documents relating to Sugar Research Australia to be tabled in Parliament.
Water Amendment (Review Implementation and Other Measures) Act 2016 to clarify the
commencement of amendments dealing with 5 year reviews for monitoring and
evaluating the effectiveness of the Basin Plan.
3
Schedule 2 - repeals
Schedule 2 of the Bill will repeal the following 12 Acts that are redundant or no longer
required:
Agricultural and Veterinary Chemicals Legislation Amendment (Removing Re-
approval and Re-registration) Act 2014
Australian Meat and Live-stock Corporation Amendment Act 1990
Export Inspection Charges Collection Act 1985
Export Inspection (Establishment Registration Charges) Act 1985
Export Inspection (Quantity Charge) Act 1985
Export Inspection (Service Charge) Act 1985
National Residue Survey (Consequential Provisions) Act 1992
National Residue Survey Levies Regulations (Validation and Commencement of
Amendments) Act 1999
Quarantine (Validation of Fees) Act 1985
Rural Adjustment Act 1992
Wool International Act 1993
Wool International Privatisation Act 1999.
The repeal of the Rural Adjustment Act 1992 will have the effect of ceasing the National
Rural Advisory Council.
Schedule 2 will also make consequential amendments to the Natural Heritage Trust of
Australia Act 1997 arising from the repeal of the Rural Adjustment Act 1992, as well as other
saving and transitional provisions required as a result of the repeals.
FINANCIAL IMPACT STATEMENT
The proposed amendments have no financial impact on the Australian Government.
STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
This Bill is compatible with the human rights and freedoms recognised or declared in the
international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny)
Act 2011.
The full Statement of Compatibility with Human Rights is at the end of this explanatory
memorandum.
4
List of Abbreviations
Abbreviation Full reference
AAT Administrative Appeals Tribunal
Agvet Admin Act Agricultural and Veterinary Chemicals (Administration) Act 1992
Agvet Code Agricultural and Veterinary Chemicals Code Act 1994
AHRC Act Australian Human Rights Commission Act 1986
AIAC Agricultural Industry Advisory Council
AFMA Australian Fisheries Management Authority
AMLI Act Australian Meat and Live-stock Industry Act 1997
APVMA Australian Pesticides and Veterinary Medicines Authority
Basin Plan Basin Plan 2012
DSAF Dairy Structural Adjustment Fund
FA Act Fisheries Administration Act 1991
FSANZ Food Standards Australia New Zealand
ILP Act Illegal Logging Prohibition Act 2012
NRAC National Rural Advisory Council
PIRD Act Primary Industries Research and Development Act 1989
RA Act Rural Adjustment Act 1992
RDC Research and Development Corporation
RP (Reform) Act Regulatory Powers (Standardisation Reform) Act 2016
RP(SP) Act Regulatory Powers (Standard Provisions) Act 2014
SES Senior Executive Service
SFR Statutory Fishing Rights
WAR Act Water Amendment (Review Implementation and Other Measures)
Act 2016
5
AGRICULTURE AND WATER RESOURCES LEGISLATION AMENDMENT BILL
2016
NOTES ON CLAUSES
Clause 1: Short Title
Clause 1 provides for the short title of the Act to be the Agriculture and Water Resources
Legislation Amendment Act 2016.
Clause 2: Commencement
The table in Clause 2 provides that sections 1 to 3; Schedule 1, items 1 to 52; Schedule 1,
items 55 to 57; and Schedule 2 of the Act will commence the day after the Act receives the
Royal Assent. Schedule 1, items 53 and 54 will commence on the later of, the day after the
Act receives the Royal Assent or immediately after the commencement of the Regulatory
Powers (Standardisation Reform) Act 2016 (RP (Reform) Act). Schedule 1, Part 2 of the Act
will commence on the day being the later of 1 January 2017 or the day after the Act receives
the Royal Assent.
Clause 3: Schedules
Clause 3 provides that each Act specified in a schedule to the Act is amended or repealed as
set out in the applicable items in the schedule concerned, and that any other item in a
schedule to the Act has effect according to its terms.
Schedule 1--Amendments
Part 1--Main Amendments
Agricultural and Veterinary Chemicals (Administration) Act 1992
Outline
The Bill will cease the Australian Pesticides and Veterinary Medicines Authority (APVMA)
Advisory Board.
The Agricultural and Veterinary Chemicals (Administration) Act 1992 (Agvet Admin Act)
provides for the establishment of the APVMA Advisory Board. The APVMA Advisory Board
can provide advice and make recommendations to the Chief Executive Officer of the APVMA.
However, the APVMA Chief Executive Officer already has the ability to consult specifically or
more broadly on issues with stakeholders beyond the APVMA Advisory Board when setting the
strategic direction of the APVMA.
The APVMA has a range of communication mechanisms in place that allow stakeholders to
present their views on matters of chemical regulation. The APVMA will still consult with
stakeholders to obtain their views through: direct contact with peak bodies or individual entities
and their members as appropriate; hosting or participating in information seminars, forums and
6
workshops; business-as-usual activities including product registration and compliance; feedback
and online communication with the community and other stakeholders through public
consultation, publication of key information via the APVMA's website, subscriber distribution
of industry updates, reporting of adverse experiences and the APVMA Gazette. The APVMA
Chief Executive Officer also has the ability to form consultative committees, on an as needs
basis, to respond to specific matters.
These other consultation mechanisms would not be affected by ceasing the APVMA Advisory
Board. The APVMA Advisory Board comprises nine members and, as the APVMA is fully cost
recovered, board expenses are paid for by chemical companies through registration fees and
therefore this measure will reduce costs to industry. Ceasing the APVMA Advisory Board
contributes to the government's commitment to reducing duplication and improving efficiency
through rationalising government bodies.
Notes on Clauses
Item 1: Section 4
Item 1 will repeal obsolete definitions from the 'Interpretation' section of the Agvet Admin
Act relating to the APVMA Advisory Board. The obsolete definitions being repealed are
'Advisory Board', 'Board member' and 'Chair'.
Item 2: Subsection 8(3)
Item 2 will repeal subsection 8(3) that relates to the AVPMA Advisory Board.
Subsection 8(3) provides that the APVMA does not consult the APVMA Advisory Board
when the Chief Executive Officer requests advice from the Board.
Item 3: Part 3 (heading)
Item 3 will repeal the heading 'Constitution of the APVMA and Advisory Board', which is
the heading to Part 3 of the Agvet Admin Act. Item 1B also inserts a new heading to Part 3
'Constitution of APVMA and committees'.
Item 4: Divisions 2, 3 and 4 of Part 3
Item 4 will repeal divisions 2, 3 and 4 of Part 3 to the Agvet Admin Act. Divisions 2, 3 and 4
contain provisions for the establishment of the APVMA Advisory Board, membership,
functions, appointment and terms and conditions of members and the procedures of the
APVMA Advisory Board.
Item 5: Subsection 28(2)
Item 5 will omit the words '(whether Board members or not)' from subsection 28(2) of the
Agvet Admin Act, which deals with the establishment of committees.
7
Item 6: Subsections 29A(1) and (2)
Item 6 will omit the words '(other than a Board member)' from subsections 29A(1) and (2) of
the Agvet Admin Act. Section 29A deals with remuneration and allowances of committee
members. This item is necessary following the amendments made at item 4.
Item 7: Section 32A
Item 7 will repeal section 32A of the Agvet Admin Act. Section 32A provides for how the
Chief Executive Officer of the APVMA is to work with the APVMA Advisory Board.
Item 8: Subsection 33(2)
Item 8 will repeal subsection 33(2) of the Agvet Admin Act. Subsection 33(2) provides that
an APVMA Advisory Board member is not eligible for appointment as the Chief Executive
Officer of the APVMA.
Item 9: Paragraph 69EP(7)(a)
Item 9 will repeal paragraph 69EP(7)(a) of the Agvet Admin Act. Section 69EP provides for
the APVMA to hold hearings for the purposes of the performance or exercise of its functions
or powers. Paragraph (7)(a) provides that, if part of a hearing is held in private, a person must
not be present unless he or she is an APVMA Advisory Board member or the Chief
Executive Officer of the APVMA. Item 9 also inserts a new paragraph (7)(a) to provide that,
if part of a hearing is held in private, a person must not be present unless he or she is the
Chief Executive Officer of the APVMA.
Item 10: Transitional provision--transfer of records and documents of Advisory Board
to the Department
Item 10 is a transitional provision that provides for any records or documents that are held by
the APVMA Advisory Board immediately before the commencement of this Item to be
transferred to the Department of Agriculture and Water Resources.
Agricultural and Veterinary Chemicals Code Act 1994
Outline
The amendments to the Agricultural and Veterinary Chemicals Code Act 1994 (Agvet Code)
will reduce administrative complexity by removing the need to provide excessive
information, not relevant to a decision. Currently, where a decision by the APVMA may, or
will alter a Maximum Residue Limit (MRL) standard, the APVMA must give Food
Standards Australia New Zealand (FSANZ) a range of information (set out under Section 8E
of the Agvet Code), much of which is not relevant to the proposed change to the MRL
standard.
The MRL standard sets the residue limits for agricultural and veterinary chemicals in
agricultural produce, particularly produce entering the food chain. The amendment will
clarify that the APVMA must provide FSANZ with information in relation to the active
8
constituents of the chemical products, which is the information required to be recorded in the
MRL standard.
The Bill also fixes an incorrect reference in the Agvet Code.
Notes on Clauses
Item 11: Subparagraph 8E(2)(b)(i) of the Code set out in the Schedule
Item 11 will repeal subparagraph 8E(2)(b)(i) of the Code set out in the Schedule to the Agvet
Code and insert a new subparagraph 8E(2)(b)(i), which will require that the notice provided
by APVMA to FSANZ sets out the names, or proposed names, of the active constituents
concerned.
Item 12: Paragraph 117A(1)(a) of the Code set out in the Schedule
Item 12 will fix an incorrect reference. Currently paragraph 117A(1)(a) refers to suspension
or cancellation of an approval or registration. This reference is incorrect as the section deals
with the suspension or cancellation of permits. The amendment will omit the text 'suspend or
cancel the approval, or suspend or cancel the registration, as the case may be' and substitute it
with 'suspend or cancel the permit'.
Item 13: Application provision
Item 13 provides that the amendment to section 8E of the Agvet Code, as set out in Item 11
above, will apply to notices given on or after the commencement of this item.
Australian Meat and Live-stock Industry Act 1997
Outline
The amendments to the Australian Meat and Live-stock Industry Act 1997 (AMLI Act) will
remove the requirement for an export licence to export meat by-products. Meat by-products
include skin, hide, tallow, meat meal and inedible offal. As these products are not for human
consumption, a licence is not necessary to export these kinds of products.
The amendments to the AMLI Act will also repeal obsolete provisions that provide for payments
to industry marketing and research bodies under several Acts (listed below), which were
repealed in 1999.
Part 3, Division 3 of the AMLI Act provides for payments to industry bodies. Subsections 63(1)
and 64(1) of the Act provide that payments to marketing bodies and industry research bodies are
based on provisions of the following Acts:
Live-stock Transactions Levy Act 1997
Live-stock Slaughter (Processors) Levy Act 1997
Live-stock (Producers) Export Charges Act 1997
Live-stock (Exporters) Export Charge Act 1997
Beef Production Levy Act 1990
9
Cattle (Producers) Export Charges Act 1997
Cattle (Exporters) Export Charge Act 1997
Cattle Transactions Levy Act 1997.
These Acts were repealed by the Primary Industries Levies and Charges (Consequential
Amendments) Act 1999 and ceased to have effect on 1 July 1999. Payment of the amounts
specified in the repealed Acts were finalised in 2008. There are no outstanding monies to be paid
to or by the Commonwealth under these repealed Acts. Therefore, subsections 63(1) and 64(1)
of the AMLI Act no longer operate and are obsolete.
Notes on Clauses
Item 14: Section 3 (definition of meat)
Item 14 will omit the text 'meat by-products' from the definition of meat.
Item 15: Section 3 (definition of meat by-product)
Item 15 will repeal the definition of 'meat by-product'.
Item 16: Subsections 63(1) and 64(1)
Item 16 will repeal subsections 63(1) and 64(1) which provide for payments to marketing
bodies and industry research bodies.
Item 17: Subsection 65(1)
Item 17 will omit the text '63(1)(b), 63(1)(e), 64(1)(b), 64(1)(e),' as a result of the repeal of
subsections 63(1) and 64(1).
Item 18: Subsection 65(2)
Item 18 will omit the text ', 63(1)(c), 63(1)(d), 63(1)(f), 63(1)(g)' as a result of the repeal of
subsection 63(1).
Item 19: Subsection 65(2)
Item 19 will omit the text ', 64(1)(c), 64(1)(d), 64(1)(f), 64(1)(g)' as a result of the repeal of
subsection 64(1).
Item 20: Subsection 65(3)
Item 20 will omit the text ', 63(1)(a), 63(1)(h)' as a result of the repeal of subsection 63(1).
Item 21: Subsection 65(3)
Item 21 will omit the text ', 64(1A)(h), 64(1)(a) or 64(1)(h)' and substitute 'or 64(1A)(h)' as
a result of the repeal of subsection 64(1).
10
Item 22: Paragraph 66(2)(a)
Item 22 will omit the text 'subsections 64(1A) and (1)' and substitute 'subsection 64(1A)' as
a result of the repeal of subsection 64(1).
Item 23: Validity of licences not affected by amendments
Item 23 provides that the amendments to section 3 of the AMLI Act, as set out in Items 10
and 15 above, will not affect the validity of any licence granted or renewed under Part 2 of
the AMLI Act before the commencement of this item.
Biosecurity Act 2015
Outline
The amendments to the Biosecurity Act 2015 will make minor technical amendments, update
obsolete references and amend headings.
Notes on Clauses
Item 24: Section 134 (heading)
Item 24 will repeal the heading 'Treatment that may damage goods' and insert a new heading
to section 134 'Treatment that is likely to damage goods'. This amendment will mean the
heading more accurately describes the content of the section.
Item 25: Section 209 (heading)
Item 25 will repeal the heading 'Treatment that may damage conveyance' and insert a new
heading to section 209 'Treatment that is likely to damage conveyance'. This amendment will
mean the heading more accurately describes the content of the section.
Item 26: Subsection 465(6) (heading)
Item 46 will repeal the heading 'Cessation of biosecurity response zones determined during
biosecurity emergencies' and insert a new heading to subsection 465(6) 'Cessation of
biosecurity response zone determination'. This amendment will mean the heading more
accurately describes the content of the section following the amending made in item 27.
Item 27: Subsection 465(6)
Item 27 will insert after 'biosecurity response zone' the word 'determination'. This is to
better align the section to the provisions related to the making of a biosecurity response zone
determination in Chapter 5, Part 6 of the Biosecurity Act 2015.
11
Farm Household Support Act 2014
Outline
The amendments to the Farm Household Support Act 2014 will remove the ability of the
Secretary to delegate their general rule-making power. The proposed amendment responds to
concerns raised by the Senate Standing Committee on Regulations and Ordinances in its
Delegated legislation monitor No. 12 of 2014.
Notes on Clauses
Item 28: At the end of section 101
Item 28 adds a further subsection to section 101, which provides that the Secretary's power to
make rules by legislative instrument may not be delegated.
Fisheries Administration Act 1991
Outline
The amendments to the Fisheries Administration Act 1991 (FA Act) will repeal Part 3 of the
Act, which establishes the Fishing Industry Policy Council (Council). The Council is
redundant because it has never been convened since the legislation commenced in 1991. The
same consultation and advice functions that the council was to advise on are being fulfilled
by other working groups and committees. This includes fisheries management advisory
committees and ad hoc representative committees, such as that formed for the reviews of the
Commonwealth harvest strategy and bycatch policy.
Direct consultation is also undertaken with stakeholders and their respective bodies, including
the National Seafood Industry Alliance and the Commonwealth Fisheries Association.
Additionally, the Government is supporting the development of sustainable mechanisms for
strong representation through a new non-statutory national commercial fishing peak body.
The proposed repeal is consistent with the Government's policy of reducing the number of
government bodies. The repeal was also supported by the Review of Commonwealth Fisheries:
Legislation, Policy and Management (December 2012).
National and major regional industry bodies have been consulted. No comments were received
as a result of stakeholder consultation.
Notes on Clauses
Item 29: Title
Item 29 will delete 'Fishing Industry Policy Council' from the title at the beginning of the
FA Act.
12
Item 30: Section 3
Item 30 will repeal section 3 'Objects of Act' and insert a new simplified outline into the
FA Act. This is consistent with Parliamentary Counsel Drafting Direction 1.3A.
Item 31: Subsection 4(1) (note)
Item 31 will repeal the note at the foot of subsection 4(1) that refers to Part 3. Part 3 will be
repealed by Item 32 below.
Item 32: Part 3
Item 32 will repeal Part 3 of the FA Act, which establishes the Council.
Fisheries Management Act 1991
Outline
Items 33 to 52 will make a range of amendments to the Fisheries Management Act 1991 to
reduce regulation relating to the issue of fishing permits; cease the Statutory Fishing Rights
Allocation Review Panel (Panel) and transfer its functions to the Administrative Appeals
Tribunal (AAT); and reduce complexity by removing the text of an international treaty.
The amendments to sections 32 and 91 will allow the Australian Fisheries Management
Authority (AFMA) to grant existing permit holders a new permit without that permit holder
needing to re-apply each time the permit is due to expire. This measure is consistent with the
Government's commitment to remove unnecessary regulation. Currently where AFMA
makes a decision to provide for the same permit types in a subsequent fishing season or
seasons, AFMA invites existing permit holders to apply for a new permit using a prefilled
application form. The permit holder must accept the invitation to be considered for a new
permit. Permit holders occasionally overlook the invitation to apply for a new permit and
continue to fish without a valid authorisation. The proposed amendment will allow AFMA to
grant existing permit holders, who meet eligibility criteria, a new permit without the need for
them to complete the application form.
Similar amendments are made to section 33, which relates to scientific permits. The
amendments to section 33 allow AFMA to grant existing permit holders a new scientific
permit without the permit holder needing to re-apply. Scientific permits may be renewed
from time to time for a period that is not greater than 6 months.
Part 8 of the Act will be amended to cease the Panel and transfer the review functions of the
Panel to the AAT. This is consistent with the government's policy to reduce the number of
statutory bodies.
The Panel was established to review the merits of administrative decisions made under the
Fisheries Management Act 1991 during a period of significant reform including the allocation
of statutory fishing rights (SFR). The key workload of the Panel was completed during the
height of this reform from 2005 to 2011. The Panel's role in reviewing the allocation of SFRs
has diminished, with most SFR grant processes now complete. The Panel last reviewed three
applications in 2011. Any remaining SFRs will be deemed a relevant decision under section
13
165 of the Act, allowing fishers to request AFMA to reconsider the allocation of any SFR
decisions in the first instance. As a further recourse fishers will be able to make an
application to the AAT for review.
The amendments will also remove Schedule 1 of the Act, which contains the text of the
Treaty on Fisheries between the Governments of certain Pacific Island States and the United
States of America (Treaty). Removing the Treaty is consistent with the government's
commitment to reducing complexity in Commonwealth legislation. The amendment would
remove the requirement to make legislative amendments to Schedule 1 of the Fisheries
Management Act 1991 should the Treaty be revised or updated in the future. Removing the
text of the Treaty is also consistent with OPC's Drafting Direction No. 3.11 Implementing
Commonwealth agreements (including treaties and conventions) and Part 7 of Drafting
Instruction 2.2.
Notes on Clauses
Item 33: Subsection 4(1)
Item 33 inserts a definition of 'grant', the definition refers to subsections (9) to (11) of
section 4. The definition is required to give effect to the amendments made to sections 32, 33,
and 91.
Item 34: Subsection 4(1)
Item 34 repeals the definitions of 'member', 'Panel', 'Presiding Member', and 'Selection
Committee', all of which relate to the Statutory Fishing Rights Allocation Review Panel.
Item 35: Subsection 4(1) (definition of Treaty)
Item 35 will omit the words 'a copy of which is set out in Schedule 1,' as text of the Treaty
on Fisheries between the Governments of Certain Pacific Island States and the United States
of America is being removed, consistent with current drafting practice.
Item 36: Subsection 4(1) (at the end of the definition of Treaty)
Item 36 adds a Note outlining how to view the text of the Treaty.
Item 37: At the end of Section 4
Item 37 inserts three subsections that explain what is meant by a reference to the term 'grant'
in relation to fishing permits, scientific permits, and fish receiver permits. These subsections
are those referred to in item 33 and are required to give effect to the amendments to enable
AFMA to renew permits granted under sections 32 (fishing permits), 33 (scientific permits),
and 91 (fish receiver permits).
Item 38: Paragraph 23(3)(a)
Item 38 omits the words 'section 143, applications to the Panel may be made for review' as
the Panel is to be ceased and substitutes 'subsection 165(2), a request to AFMA may be made
14
for reconsideration'. Following this amendment a decision made by AFMA, following a
request for reconsideration, may on application be reviewed by the AAT.
Item 39: Paragraph 23(3)(b)
Item 39 omits the words 'if an application in relation to the decision is made to the Panel
under section 143-before the application is dealt with by the Panel', and substitutes 'if a
request in relation to the decision is made to AFMA under subsection 165(2)-before the
request is dealt with by AFMA'. This measure ensures that a grant of a fishing right must not
be made until the application for review is dealt with by AFMA, rather than by the ceased
Panel.
Item 40: At the end of section 32
Item 40 inserts three subsections to the end of section 32 to enable AFMA, upon application
by the holder of a fishing permit or by AFMA's own initiative, to renew the permit from time
to time for a period that is not longer than five years.
Item 41: Paragraph 33(6)(b)
Item 41 inserts the phrase '(3) or' after 'condition mentioned in subsection' which adds the
conditions set down in subsection 33(3) which cannot be varied or revoked by AFMA under
subsection 33(6).
Item 42: At the end of section 33
Item 42 inserts three subsections to the end of section 33 to enable AFMA, upon application
by the holder of a scientific permit or by AFMA's own initiative, to renew the permit from
time to time for a period that is not greater than 6 months.
Item 43: After section 57H(2)
Item 43 inserts a requirement for AFMA, if AFMA renews a fishing permit, to alter the
Fishing Permits Register to record the period of the renewal.
Item 44: Subsection 91(10)
Item 44 inserts after 'holder of a permit' the words 'or on AFMA's own initiative' to enable a
fish receiver permit to be renewed. The amendment means that a fish receiver permit can be
renewed without the need for the permit holder to apply.
Item 45: At the end of section 91
Item 45 adds two subsections to support the renewal of fish receiver permits, without an
application by the holder, by making any such permit subject to the conditions that attached
to the permit immediately before the renewal begins and by not preventing the exercise of
other powers by AFMA under subsection 91(6), following the renewal.
15
Item 46: Paragraph 113(2)(a)
Item 46 omits the words 'granted under section 32' to allow the section to operate in respect
of a fishing permit that is also renewed under section 32.
Item 47: Part 8
Item 47 repeals all of Part 8. Repealing Part 8 will cease the Statutory Fishing Rights
Allocation Review Panel.
Item 48: Subsection 165(1) (definition of relevant decision)
Item 48 repeals the definition and substitutes a new one which extends the current definition
to include decisions mentioned in subsection 23(1) made by AFMA or a Joint Authority.
Item 49: Schedule 1
Item 49 repeals Schedule 1, which contains the text of the Treaty on Fisheries between the
Governments of Certain Pacific Island States and the United States of America. The Treaty
will be accessible through the Australian Treaty Series hosted by AustLII
(www.austlii.edu.au). This amendment means that the Act does not need to be amended each
time there is a change to the Treaty.
Item 50: Application and saving provisions--Statutory Fishing Rights Allocation
Review Panel
Item 50 provides that:
The amendments made to section 23 of the Fisheries Management Act 1991 made by
this Schedule apply in relation to decisions made on or after commencement of this
item.
The amendments made to section 165 of the Fisheries Management Act 1991 made
by this Schedule apply in relation to decisions made on or after commencement of this
item.
Despite the repeal of Part 8 made by this Schedule, that Part, as in force before the
commencement of this item, continues to apply to decisions mentioned in
subsection 23(1) of the Fisheries Management Act 1991 that are made before the
commencement of this item.
Part 8 is being saved by Item 50 in case decisions are made under section 23(1) before the
commencement of these amendments, which could be under review by the Panel. Item 50
will allow for the Panel to be constituted post commencement and have matters remitted to it
under section 161 post commencement.
Item 51: Application, saving and transitional provisions--renewals of permits
Item 51 details when the amendments made to sections 32, 33, and 91 apply. Item 51 makes
it clear that the amendments to the sections listed apply to permits that are due to expire on or
after the commencement of this item and does not affect permits issued before
commencement.
16
Item 52: Transitional provision--transfer of records and documents of the Statutory
Fishing Rights Allocation Review Panel to the Department
Item 52 provides that any records or documents of the Panel immediately before the
commencement of this item be transferred to the Department after the commencement of this
item.
Illegal Logging Prohibition Act 2012
Outline
Items 53 and 54 will make amendments to the Illegal Logging Prohibition Act 2012
(ILP Act) to enable the Secretary to delegate their powers and functions to an inspector (as
defined under section 19) specifically in relation to dealing with things seized during
investigations.
The Regulatory Powers (Standardisation Reform) Bill 2016 contains amendments to the
ILP Act that will insert the standard provisions of the Regulatory Powers (Standard
Provisions) Act 2014 (RP(SP) Act). Therefore, sections 66, 67, and 68 of the RP(SP) Act
will apply in relation to returning, retaining or disposal of a seized thing on passage of the
Regulatory Powers (Standardisation Reform) Bill 2016.
The RP (Reform) Act amendments to the ILP Act will mirror those currently in the ILP Act.
When applications for retention orders are made currently, they are made in the jurisdiction
in which the thing was seized. This means that Senior Executive Service (SES) officers from
Canberra are often required to travel to hearings on the application, in the relevant
jurisdiction.
The amendments referred to in items 53 and 54 of the Bill will ensure that the process of
applying for retention orders is efficient and effective by enabling inspectors, who are the
most familiar with the circumstances in which a thing is seized, to make applications for
retention orders. It will no longer be a requirement that only SES officers make the
application and appear at a hearing on the application.
If an issuing officer requires further information before deciding on an application the
process is delayed while the SES officer receives that information from an inspector. This
impacts both the Department, courts and the person whose thing has been seized. The ability
to delegate the power to apply for retention orders will make the process more efficient.
To ensure the Secretary's powers are not delegated unduly or unnecessarily, the amendment
restricts the delegation of those powers and functions to specific sections of the ILP Act and a
particular additional defined class of persons.
Notes on Clauses
Item 53: After subsection 22(6)
On commencement of the Regulatory Powers (Standardisation Reform) Act 2016 (RP
(Reform) Act), item 53 will insert subsection 6(A) in section 22 to allow the Secretary to
delegate their powers in sections 66, 67 and 68 of the RP(SP) Act to an inspector appointed
17
under section 19(1) of the ILP Act. Currently, and also following the RP (Reform) Act
amendments, the Secretary may only delegate powers to SES level officers. This amendment
limits the delegation to a defined class of persons. The amendment will not otherwise affect
the Secretary's general power of delegation in section 22 of the ILP Act, once amended by
the RP (Reform) Act.
Item 54: Subsection 22(7)
Item 54 will insert 'or (6A)' after the words 'subsection (6)' to reflect the changes made in
Item 53. This item will require inspectors who are delegated powers under subsection 22(6)
to comply with directions given by the Secretary.
Primary Industries Research and Development Act 1989
Outline
The Primary Industries Research and Development Act 1989 (PIRD Act) requires the
Minister to organise an annual co-ordination meeting for the chairs of the statutory research
and development corporations (RDCs). Only five of the 15 RDCs are statutory bodies, and
the government has decided that other co-ordination mechanisms would be more appropriate.
Notes on Clauses
Item 55: Section 142
Item 55 will repeal section 142 to remove the requirement for yearly co-ordination meetings
between the statutory RDCs to be held. This requirement is removed because, of the
15 RDCs, only five are statutory corporations to which the requirement would apply. The
Government considers that regular meetings currently held by the Rural Council of Research
and Development Corporations with the chairs of all 15 RDCs more appropriately fulfils this
function.
Water Amendment (Review Implementation and Other Measures) Act 2016
Outline
The Water Amendment (Review Implementation and Other Measures) Act 2016 (WAR Act)
amends the provisions of the Water Act 2007 concerning reviews of some aspects of the
Basin Plan 2012 (Basin Plan). The five yearly review of water quality and salinity targets in
the water quality and salinity management plan and the environmental watering plan are to be
completed by 2020 (re-phased from 2017). In addition the WAR Act amendments required a
new five yearly review of social and economic impacts of the Basin Plan, the initial review to
be completed by 2020. To give effect to these amendments the Basin Plan must be amended.
Notes on Clauses
Item 56: Subsection 2(1) (table item 2)
Item 56 repeals the current item and inserts a new commencement provision for the
amendments at Item 57. Item 56 changes the commencement date for the WAR Act
18
amendment from 1 January 2020 to the day after the Agriculture and Water Resources
Legislation Amendment Act 2016 receives Royal Assent.
Item 57: After item 1 of Schedule 1
Item 57 inserts a new section 1A in Schedule 1 of the WAR Act. It is an application provision
which clarifies that while the provision for a social and economic impacts review does not
apply until 1 January 2020, the Basin Plan can be amended to include such a review prior to
2020. The amendment allows the relevant provisions of the Basin Plan to be amended and the
three reviews to be completed by 2020.
Part 2--Other amendments
Outline
Part 2 removes requirements contained in several Acts for the Minister to table certain
documents in Parliament. As all of the industry bodies currently publish their annual reports
online much of the information required to be tabled under these Acts is already publicly
available.
Notes on Clauses
Australian Meat and Live-stock Industry Act 1997
Item 58: Division 4 of Part 3
Item 58 will repeal Division 4 of Part 3 of the Act to remove requirements for the Minister to
table in Parliament certain documents of the live-stock export body (currently the Australian
Livestock Export Corporation Limited). The documents that will no longer need to be tabled
are the funding agreement between the Commonwealth and the live-stock export body, and
variations to the funding agreement; the report on compliance with the funding agreement;
and the annual report. The live-stock export body will still be required to produce these
documents and make them publicly available and available to members. The information
required in the compliance report is available in other reports prepared by the live-stock
export body, such as the annual report which is published online.
Dairy Produce Act 1986
Item 59: Subsections 5(6) and (7)
Item 59 will repeal subsections 5(6) and 5(7) of the Act to remove the requirement for the
Minister to table in Parliament the funding contract between the Commonwealth and the
industry services body (currently Dairy Australia Limited), and variations to the funding
contract. Dairy Australia Limited publishes their annual report on their website.
19
Item 60: Section 13 (heading)
Item 60 repeals the heading and substitutes a new one to reflect the amendment made in
item 61.
Item 61: Subsection 13(2)
Item 61 will repeal subsection 13(2) of the Act to remove the requirement for the Minister to
table in Parliament the annual report (referred to as a financial report in the Act) of the
industry services body. The industry services body will still be required to provide the annual
report to the Minister.
Item 62: Section 14
Item 62 will repeal section 14 of the Act to remove the requirement for the Minister to table
in Parliament a report, following the annual general meeting of the industry services body, in
relation to the year before the meeting. The information required to be in this report is
available in other reports produced by the industry services body, such as the annual report.
Item 63: Subclause 79C(1) of Schedule 2
Item 63 will re-number subclause 79C of Schedule 2.
Item 64: Subclause 79C(2) of Schedule 2
Item 64 will repeal subclause 79C(2) to remove the requirement for the Minister to table in
Parliament the report on the administration of the Dairy Structural Adjustment Fund (DSAF).
This report is no longer produced as the DSAF wound up in July 2009. Department of
Agriculture and Water Resources now handles any administrative matters that arise in
relation to DSAF.
Forestry Marketing and Research and Development Services Act 2007
Item 65: Subsections 8(6) and (7)
Item 65 will repeal subsections 8(6) and 8(7) of the Act to remove the requirement for the
Minister to table in Parliament the funding contract between the Commonwealth and the
industry services body (currently Forest and Wood Products Australia Limited), and
variations to the funding contract. Forest and Wood Products Australia Limited publishes
their annual report on their website.
Sugar Research and Development Services Act 2013
Item 66: Subsections 6(6) and (7)
Item 66 will repeal subsections 6(6) and 6(7) of the Act to remove the requirement for the
Minister to table in Parliament the funding contract between the Commonwealth and the
industry services body (currently Sugar Research Australia Limited), and variations to the
funding contract. The industry services body will still be required to make the funding
20
contract publicly available. Sugar Research Australia Limited publishes their annual report on
their website.
Schedule 2--Repeals
Part 1--Repeals
Outline
Schedule 2 will repeal 12 whole Acts administered by the Department of Agriculture and
Water Resources portfolio.
Notes on Clauses
Part 1--Repeals
Agricultural and Veterinary Chemicals Legislation Amendment (Removing
Re-approval and Re-registration) Act 2014
Item 1: The whole of the Act
Item 1 will repeal the Agricultural and Veterinary Chemicals Legislation Amendment
(Removing Re-approval and Re-registration) Act 2014.
The Act amends laws relating to agricultural and veterinary chemicals to remove the
requirement for agricultural chemicals and veterinary medicines re-registration, and removes
redundant provisions that allow applications to re-approve and re-register active constituents
and chemical products.
This is solely an amending Act. All amendments have now been made and transitional
provisions are no longer required. The Act is redundant and can be repealed.
Australian Meat and Live-Stock Corporation Amendment Act 1990
Item 2: The whole of the Act
Item 2 will repeal the Australian Meat and Live-Stock Corporation Amendment Act 1990 as
the Act which it amended has already been repealed and this Act is spent and redundant.
21
Export Inspection Charges Collection Act 1985
Item 3: The whole of the Act
Export Inspection (Establishment Registration Charges) Act 1985
Item 4: The whole of the Act
Export Inspection (Quantity Charge) Act 1985
Item 5: The whole of the Act
Export Inspection (Service Charge) Act 1985
Item 6: The whole of the Act
Items 3 to 6 will repeal the Export Inspection Charges Collection Act 1985, Export
Inspection (Establishment Registration Charges) Act 1985, Export Inspection (Quantity
Charge) Act 1985 and Export Inspection (Service Charge) Act 1985.
The Export Inspection Charges Collection Act 1985 provides for the collection of the charges
imposed by the Export Inspection (Establishment Registration Charges) Act 1985, Export
Inspection (Quantity Charge) Act 1985, Export Inspection (Service Charge) Act 1985 and the
Domestic Meat Premises Charge Act 1993 (repealed).
The Export Inspection (Establishment Registration Charges) Act 1985 imposes charges in
relation to the registration of export establishments.
The Export Inspection (Quantity Charge) Act 1985 imposes a charge on the inspection of
certain goods intended for export.
The Export Inspection (Service Charge) Act 1985 imposes a charge on the provision of
certain export inspection services.
From 1 December 2015 charges for export related activities were imposed under a new
legislative framework comprising the Export Charges (Collection) Act 2015, Export Charges
(Imposition--General) Act 2015, Export Charges (Imposition--Customs) Act 2015, Export
Charges (Imposition--Excise) Act 2015 and related subordinate legislation.
The Export Inspection and Meat Charges Collection Regulations 1985, Export Inspection
(Establishment Registration Charges) Regulations 1985, Export Inspection (Quantity
Charge) Regulations 1985, and Export Inspection (Service Charge) Regulations 1985 were
repealed on 1 December 2015. The Domestic Meat Premises Charge Act 1993 was repealed
on 5 May 2016.
The Export Inspection and Meat Charges Collection Act 1985, Export Inspection
(Establishment Registration Charges) Act 1985, Export Inspection (Quantity
Charge) Act 1985, and Export Inspection (Service Charge) Act 1985 are now redundant and
can be repealed.
22
The four 1985 Acts are no longer in use. All of the current functions of these four Acts are
now enabled by the 2015 legislation and the related 1985 regulations have been repealed. The
Domestic Meat Premises Charge Act 1993 was repealed on 5 May 2016.
National Residue Survey (Consequential Provisions) Act 1992
Item 7: The whole of the Act
Item 7 will repeal the National Residue Survey (Consequential Provisions) Act 1992.
The Act amended the Cattle Transaction Levy Act 1990 and the Primary Industries Levies
and Charges Collection Act 1991 and provided for the transfer of certain funds due to the
enactment of the National Residue Survey Administration Act 1992.
As the various provisions have already had their intended effect and/or relate to legislation no
longer in use, the Act is redundant and can be repealed.
National Residue Survey Levies Regulations (Validation and Commencement
of Amendments) Act 1999
Item 8: The whole of the Act
Item 8 will repeal the National Residue Survey Levies Regulations (Validation and
Commencement of Amendments) Act 1999. The Act is redundant and can be repealed.
The Act had the effect of validating the Primary Industries Levies and Charges (National
Residue Survey Levies) Regulations 1998 (Amendment) (amendment regulations) and
commencing the amendment regulations retrospectively on and from 1 August 1998. The
amendment regulations were repealed by the Agriculture, Fisheries and Forestry (Spent and
Redundant Instruments) Repeal Regulation 2013, which expressly provided in subsection
5(2) that the repeal of an instrument by section 5 did not affect any amendment made by that
instrument. That is, the amendments to the regulation on 1 August 1998 have been preserved
by subsection 5(2) of the 2013 repeal regulation. Repealing the Act will not have any impact
on the validity of the amendment regulations.
Quarantine (Validation of Fees) Act 1985
Item 9: The whole of the Act
Item 9 will repeal the Quarantine (Validation of Fees) Act 1985.
As the various provisions have already had their intended effect and/or relate to legislation no
longer in use, the Act is redundant and can be repealed. The Act validated various fees that
were charged during a specified period of time in 1984 and 1985. No other fees are charged
under the Act and no fees from the period are outstanding.
23
Rural Adjustment Act 1992
Item 10: The whole of the Act
Item 10 will repeal the Rural Adjustment Act 1992 (RA Act). The objectives of the RA Act were
to foster the development of a more profitable farm sector that is able to operate competitively in
a deregulated financial and market environment, and to improve the competitiveness of the farm
sector in a sustainable manner. Provisions within the RA Act have been superseded and the
advisory functions established under the RA Act are now carried out through other bodies.
The RA Act contains obsolete provisions relating to the Rural Adjustment Scheme and the Farm
Business Improvement Program. The Rural Adjustment Scheme ceased in 1997 and all financial
commitments were acquitted by 30 June 2000. Funding for the Farm Business Improvement
Program ceased on 29 February 2008. The programs were superseded by new reforms for
drought support as part of the Intergovernmental Agreement on National Drought Program
Reform (agreed on 3 May 2013).
The RA Act also established the National Rural Advisory Council (NRAC). NRAC was
established as a statutory body in December 1999 as a skills-based independent advisory
council. As part of the Smaller Government, Towards A Sustainable Future, December 2014,
the positions of NRAC members were allowed to lapse or were revoked on 30 June 2015.
Information, advice, and recommendations on issues affecting Australia's agricultural, fishing,
forestry, and water sectors are now be fulfilled by the Agricultural Industry Advisory Council
(AIAC).
The purpose of the AIAC is to provide the Minister for Agriculture and Water Resources with
information, advice, and recommendations from a cross-section of industries and stakeholders
on contemporary issues affecting Australia's agricultural, fishing, and forestry sectors.
Wool International Act 1993
Item 11: The whole of the Act
Item 11 will repeal the Wool International Act 1993, which is redundant. The Act provided
equity to wool growers in respect of contributions made to WoolStock Australia Limited
through payment of a wool tax and gave registered equity holders a right to a share in the
surplus money of WoolStock Australia Limited. WoolStock Australia Limited was the private
sector owner and manager of the wool stockpile. The Act is now redundant because WoolStock
Australia Limited was wound up and delisted from the Australian Stock Exchange in 2001
following a major reduction in the wool stockpile.
Wool International Privatisation Act 1999
Item 12: The whole of the Act
Item 12 will repeal the Wool International Privatisation Act 1999, which is redundant. The Act
provided for the privatisation of the statutory authority Wool International and the creation of
24
WoolStock Australia Limited. The privatisation process is now complete and the privatised
company, WoolStock Australia Limited, ceased to exist in 2001.
Part 2--Consequential amendments
Outline
Items 13 to 17 will make consequential amendments to sections 18, 19, 20, and 49 of the
Natural Heritage Trust of Australia Act 1997 to remove references to the RA Act and make
appropriate updates to punctuation and headings arising from the removal of these references.
Notes on Clauses
Natural Heritage Trust of Australia Act 1997
Item 13: Paragraph 18(b)
Item 13 will update punctuation in paragraph 18(b).
Item 14: Paragraph 18(d)
Item 14 will repeal paragraph 18(d).
Item 15: Subsections 19(7) and 20(4)
Item 15 will repeal subsections 19(7) and 20(4), excluding the notes.
Item 16: Section 49 (heading)
Item 16 will update the heading of section 49.
Item 17: Subsections 49(4) and (5)
Item 17 will repeal subsections 49(4) and (5).
Part 3--Saving and transitional provisions
Item 18: Saving provisions--export charges
Item 18 provides that despite the repeals by Part 1 of the Export Inspection Charges
Collection Act 1985, the Export Inspection (Establishment Registration Charges) Act 1985,
the Export Inspection (Quantity Charge) Act 1985, and the Export Inspection (Service
Charge) Act 1985, each Act will continue to apply in relation to a charge imposed before the
commencement of this item. This ensures that any charges made by the Department under
these Acts can be recovered.
25
Item 19: Transitional provision--transfer of records and documents of National Rural
Advisory Council to the Department
Item 19 is a transitional provision that provides for any records or documents that are held by
NRAC immediately before the commencement of this item are to be transferred to the
Department of Agriculture and Water Resources.
26
STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
AGRICULTURE AND WATER RESOURCES LEGISLATION AMENDMENT BILL
2016
This Bill is compatible with the human rights and freedoms recognised or declared in the
international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny)
Act 2011.
Overview of the Bill
The Agriculture and Water Resources Amendment Bill 2016 (Bill) will make amendments to
a range of portfolio legislation and repeal redundant legislation.
A companion bill called the Excise Levies Legislation Amendment (Honey) Bill 2016 will
make minor amendments to the Primary Industries (Excise) Levy Act 1999 and to the
National Residue Survey (Excise) Levy Act 1998 to remove unnecessary regulation relating to
the issue of certificates that are no longer used by the honey industry.
The Bill will amend 13 portfolio Acts to cease four redundant statutory bodies, remove
unnecessary regulation, improve the operation of existing legislation and make minor
technical amendments. A number of the proposed amendments include minor changes to
policy.
The Bill will also repeal 12 Acts that are redundant or no longer required relating to
legislation covering agricultural and veterinary chemicals, the national residue survey, export
charges and quarantine fees, rural adjustment and the meat and live-stock and wool
industries.
A summary of the Acts included in the Bill for amendment or repeal is below.
Schedule 1 - amendments
Agricultural and Veterinary Chemicals (Administration) Act 1992 to cease the Australian
Pesticides and Veterinary Medicines Authority (APVMA) Advisory Board.
Agricultural and Veterinary Chemicals Code Act 1994 to amend the information that
must be provided by the APVMA to Food Standards Australia New Zealand and to make
a minor technical amendment.
Australian Meat and Live-stock Industry Act 1997 to remove the requirement for an
export licence to export meat by-products; to repeal obsolete provisions that provide for
payments to industry marketing and research bodies ; and to remove the requirement for
certain documents relating to the Australian Livestock Export Corporation Limited to be
tabled in parliament.
Biosecurity Act 2015 to make minor technical amendments.
Dairy Produce Act 1986 to remove the requirement for certain documents relating to
Dairy Australia Limited and the Dairy Structural Adjustment Fund to be tabled in
parliament.
27
Farm Household Support Act 2014 to remove the ability of the Secretary to delegate their
general rule-making power. This amendment responds to concerns raised by the Senate
Standing Committee on Regulations and Ordinances in its Delegated legislation monitor
No. 12 of 2014.
Fisheries Administration Act 1991 to cease the Fishing Industry Policy Council.
Fisheries Management Act 1991 to allow the Australian Fisheries Management Authority
(AFMA), on its own initiative, to renew an existing permit without existing permit
holders needing to re-apply; transfer the functions of the Statutory Fishing Rights
Allocation Review Panel (Panel) to the Administrative Appeals Tribunal (AAT) and
cease the panel; and to remove the text of the Treaty on Fisheries between the
Governments of Certain Pacific Island States and the United States of America.
Forestry Marketing and Research and Development Services Act 2007 to remove the
requirement for certain documents relating to Forest and Wood Products Australia
Limited to be tabled in parliament.
Illegal Logging Prohibition Act 2012 to allow the Secretary to delegate powers relating to
the retention of seized things to inspectors appointed under the Act.
Primary Industries Research and Development Act 1989 to remove the requirement for
the Minister to organise an annual co-ordination meeting for the chairs of the statutory
research and development corporations.
Sugar Research and Development Services Act 2013 to remove the requirement for
certain documents relating to Sugar Research Australia to be tabled in parliament.
Water Amendment (Review Implementation and Other Measures) Act 2016 to clarify the
commencement of amendments dealing with 5 year reviews for the monitoring and
evaluating effectiveness of the Basin Plan.
Schedule 2 - repeals
Schedule 2 of the Bill will repeal the following 12 Acts that are redundant or no longer
required:
Agricultural and Veterinary Chemicals Legislation Amendment (Removing Re-
approval and Re-registration) Act 2014
Australian Meat and Live-stock Corporation Amendment Act 1990
Export Inspection Charges Collection Act 1985
Export Inspection (Establishment Registration Charges) Act 1985
Export Inspection (Quantity Charge) Act 1985
Export Inspection (Service Charge) Act 1985
National Residue Survey (Consequential Provisions) Act 1992
National Residue Survey Levies Regulations (Validation and Commencement of
Amendments) Act 1999
Quarantine (Validation of Fees) Act 1985
Rural Adjustment Act 1992
Wool International Act 1993
Wool International Privatisation Act 1999.
The repeal of the Rural Adjustment Act 1992 will have the effect of ceasing the National
Rural Advisory Council.
28
Schedule 2 will also make consequential amendments to the Natural Heritage Trust of
Australia Act 1997 arising from the repeal of the Rural Adjustment Act 1992, as well as other
saving and transitional provisions required as a result of the repeals.
Human rights implications
Schedule 1, Part 1 - Main amendments
Agricultural and Veterinary Chemicals (Administration) Act 1992
Ceasing the APVMA Advisory Board does not engage any of the applicable rights or
freedoms. The Agricultural and Veterinary Chemicals (Administration) Act 1992 contains a
range of mechanisms for consultation with stakeholders that will not be affected by ceasing
the APVMA Advisory Board.
This measure was considered by the Joint Committee on Human Rights in its report 18/44.
The committee's decision was deferred.
Agricultural and Veterinary Chemicals Code Act 1994
The amendments to the Agricultural and Veterinary Chemicals Code Act 1994 relating to the
information that the APVMA must provide to Food Standards Australia New Zealand do not
engage any of the applicable rights or freedoms because the APVMA will still be required to
provide all relevant information in relation to a proposal to vary the Maximum Residue
Limits Standard.
This measure was considered by the Joint Committee on Human Rights in its report 18/44.
The committee's decision was deferred.
The Bill will also make a technical amendment to paragraph 117A(1)(a) of the Agricultural
and Veterinary Chemicals Code Act 1994 to correct a drafting error. It will not change laws
relating to agricultural and veterinary chemicals. Therefore the correction does not engage
any of the applicable rights or freedoms.
Australian Meat and Live-stock Industry Act 1997
The amendment to section 3 of the Australian Meat and Live-stock Industry Act 1997 will
remove the requirement for an export licence to export meat by-products. The Australian
Meat and Live-stock Industry Act 1997 is designed to ensure that only compliant products are
exported in order to protect human health and protect Australia's good reputation as an
exporter of safe and quality products. Meat by-products include skin, hide, tallow, meat meal
and inedible offal. As these products are not for human consumption and are exported for use
in industrial purposes a licence should not be necessary to export these kinds of products.
The repeal of subsections 63(1) and 64(1) of the Australian Meat and Live-stock Industry Act
1997 relating to the provision of payments to industry marketing and research bodies, does
not engage any of the applicable rights or freedoms because the Acts on which these
provisions are based have been inoperative since 1 July 1999 and payments of the amounts
specified in the repealed Acts listed above were finalised in 2008.
The repeals were considered by the Joint Committee on Human Rights in its report 18/44.
The committee's decision was deferred.
29
Biosecurity Act 2015
The amendments to the Biosecurity Act 2015 are minor amendments of a technical nature.
They do not change laws relating to biosecurity. Therefore they do not engage any of the
applicable rights or freedoms.
Farm Household Support Act 2014
The amendment to the Farm Household Support Act 2014 will have no impact on any of the
applicable rights or freedoms rights because it does not change the Secretary's power under
the Act; it only removes the ability of the Secretary to delegate to an officer of the
Department all or any of his or her powers or functions under the Act.
Fisheries Administration Act 1991
The repeal of Part 3 of the Fisheries Administration Act 1991 relating to the establishment of
the Fishing Industry Policy Council does not engage any of the applicable rights or freedoms.
A Fishing Industry Policy Council has never been convened since the Act commenced in
1991.
This measure was considered by the Joint Committee on Human Rights in its report 18/44.
The committee's decision was deferred.
Fisheries Management Act 1991
The amendments to the Fisheries Management Act 1991 do not raise any human rights issues
on the following bases.
The amendments to the issuing of permits are administrative in nature and do not engage any
of the applicable rights or freedoms.
The amendments to cease the Statutory Fishing Rights Allocation Review Panel (Panel) and
transfer its review functions to the AAT engage the right to a fair hearing in Article 14 of the
International Covenant on Civil and Political Rights. The Panel was established as an
independent panel to review the merits of administrative decisions made under the Act
regarding the allocation of statutory fishing rights by AFMA. The amendments will include
the allocation of statutory fishing rights as a relevant decision under section 165 of the Act,
allowing fishers to request AFMA to reconsider the allocation of any statutory fishing rights
in the first instance. As a further recourse fishers will be able to make an application to the
AAT for review. The amendments will not limit a fisher's right of review nor right to a fair
hearing.
The amendments to remove the text of the Treaty on Fisheries between the Governments of
ertain Pacific Island States and the United States of America do not affect the efficacy of the
treaty and do not engage any of the applicable rights or freedoms.
Illegal Logging Prohibition Act 2012
The amendments to the Illegal Logging Prohibition Act 2012 will have no impact on any of
the applicable rights or freedoms because they do not change the powers under the Act. The
amendments will allow the Secretary to delegate powers relating to returning, retaining or
disposing of a seized thing to inspectors appointed under the Act.
30
Primary Industries Research and Development Act 1989
The Primary Industries Research and Development Act 1989 does not engage any of the
applicable rights or freedoms. It affects only the relevant corporations, not individuals.
These amendments have already been considered by the Joint Committee on Human Rights
in report 13/44. The committee made no comments.
Water Legislation Amendment (Review Implementation and Other Measures) Act 2016
The amendments to the Water Amendment (Review Implementation and Other Measures) Act
2016 do not engage any of the applicable rights or freedoms. The amendments will clarify
dates for water-related reviews and change a commencement date.
Schedule 1, Part 2 - Other amendments
The amendments in Part 2 of Schedule 1 of the Bill to the Australian Meat and Live-stock
Industry Act 1997, Dairy Produce Act 1986, Forestry Marketing and Research Development
Services Act 2007 and Sugar Research and Development Services Act 2013 do not engage
any of the applicable rights or freedoms. The amendments affect only the relevant
corporations and not individuals.
These amendments have already been considered by the Joint Committee on Human Rights
in report 13/44. The committee made no comments.
Schedule 2, Part 1 - Repeals
Part 1 of Schedule 2 of the Bill will repeal 12 whole Acts.
The repeal of the Agricultural and Veterinary Chemicals Legislation Amendment (Removing
Re-approval and Re-registration) Act 2014 has no practical effect and does not engage any of
the applicable rights or freedoms.
The repeal of the Australian Meat and Live-stock Corporation Amendment Act 1990 does not
engage any of the applicable rights or freedoms. The Act is no longer in use and is redundant.
The repeal of the Export Inspection and Meat Charges Collection Act 1985, Export
Inspection (Establishment Registration Charges) Act 1985, Export Inspection (Quantity
Charge) Act 1985 and Export Inspection (Service Change) Act 1985 does not engage any of
the applicable rights or freedoms. The Acts impose and collect charges for regulatory export
inspection functions undertaken by the Department, and all four Acts are now redundant.
The repeal of the National Residue Survey (Consequential Provisions) Act 1992 does not
engage any of the applicable rights or freedoms. The Act provides for amendments to be
made to the Primary Industries Levies and Charges Collection Act 1991 and the Cattle
Transaction Levy Act 1990. The amendments to the Primary Industries Levies and Charges
Collection Act 1991 have been made. The Cattle Transaction Levy Act 1990 was repealed by
the Meat and Live-stock Industry Legislation Repeal Act 1995 on 1 July 1995.
The repeal of the National Residue Survey Levies Regulations (Validation and
Commencement of Amendments) Act 1999 does not engage any of the applicable rights or
freedoms. The Act is machinery in nature and is redundant.
31
The repeal of the Quarantine (Validation of Fees) Act 1985 does not engage any of the
applicable rights or freedoms. The Act is no longer in use and is redundant.
The repeal of the Rural Adjustment Act 1992 does not engage any of the applicable human
rights or freedoms because the Rural Adjustment Scheme and the Farm Business
Improvement Program provided for under the Act have been superseded and the advisory
functions of National Rural Advisory Council can be carried out by the Agricultural Industry
Advisory Council.
Part 2 of Schedule 2 of the Bill will make minor consequential amendments to the Natural
Heritage Trust of Australia Act 1997. These amendments are minor and technical in nature
and do not engage any of the applicable rights or freedoms.
The repeal of the Rural Adjustment Act 1992 was considered by the Joint Committee on
Human Rights in its report 18/44. The committee's decision was deferred.
The repeal of the Wool International Act 1993 and the Wool International Privatisation Act
1999 does not engage any applicable human rights because the Acts are inoperative following
the winding up of WoolStock Australia Limited.
The repeal of the two wool Acts was considered by the Joint Committee on Human Rights in
report 18/44. The committee's decision was deferred.
Conclusion
This Bill is compatible with human rights as it does not raise any human rights issues.
The Hon. Barnaby Joyce MP, Deputy Prime Minister and
Minister for Agriculture and Water Resources
32