Commonwealth of Australia Explanatory Memoranda Commonwealth of Australia Explanatory Memoranda[Index] [Search] [Download] [Bill] [Help]
1998-1999-2000
THE
PARLIAMENT OF THE COMMONWEALTH OF
AUSTRALIA
HOUSE OF
REPRESENTATIVES
HORTICULTURE
MARKETING AND RESEARCH AND DEVELOPMENT SERVICES BILL
2000
EXPLANATORY MEMORANDUM
(Circulated by authority of the Parliamentary Secretary to the
Minister for Agriculture, Fisheries and Forestry, Senator the Hon Judith
Troeth)
ISBN: 0642 451885
HORTICULTURE MARKETING AND RESEARCH AND DEVELOPMENT SERVICES BILL
2000
GENERAL OUTLINE
The Bill is one of two Bills designed to
create a horticultural industry services company to provide marketing and
research and development services to the horticulture industry. The new company
will replace the current statutory authorities, being the Australian
Horticultural Corporation, the Australian Dried Fruits Board, and the
Horticultural Research and Development Corporation.
The new company will
be a not for personal profit company operating under Corporations Law that has
industry representative bodies and voluntary funding contributors as its
members, with voting rights allocated according to the amount of funds provided.
The company will provide marketing and research and development programs to
industry, based on the advice of industry advisory committees. The company will
be accountable to shareholders for the effective use of funds
provided.
The Bill provides for companies to be declared as the industry
services body and the export control body, allowing for the same company to be
declared as both. The industry services body uses funds to provide marketing and
research and development programs to the industry. The export control body
administers export control powers on behalf of industry, issuing licenses and
charging fees for this purpose. The Bill allows for the industry services body
to receive funding from the Commonwealth and requires both the industries
services body and the export control body to act in accordance with a Deed of
Agreement. The Deed of Agreement imposes obligations on the body and contains
details about the body's accountability to the Commonwealth.
In order to
ensure accountability to the Commonwealth for the use of industry levy funds,
matched funds for research and development and the administration of export
control powers, the Bill and the Deed of Agreement provide consequences for
breach of the Deed. These include ceasing to be declared, being subject to an
injunction, or, in the case of the industry services body, suspension or
recovery of funding. The text of the Deed is not included in the Act but it is
publicly available from the company.
The second Bill, the Horticulture
Marketing and Research and Development (Repeals and Consequential Provisions)
Bill 2000 abolishes the Australian Horticultural Corporation, the Australian
Dried Fruit Board and the Horticultural Research and Development Corporation. It
also deals with matters arising from the transition to the new bodies, such as
transfer of staff and assets from the statutory authorities and a 2 year period
to phase in the new export control system provided for in the
Bill.
FINANCIAL IMPACT STATEMENT
The Bill provides
for the transfer of assets and liabilities of the Australian Horticultural
Corporation, the Australian Dried Fruits Board and the Horticultural Research
and Development Corporation to the new company. The Bill also provides for an
Australian Dried Fruit Trust to be established to hold the dried fruit industry
reserves. Funds can be released from the Trust to meet the marketing needs of
the export of dried fruits.
The net value of assets to be transferred is
approximately $20m, principally involving funds held in accounts on behalf of
industry levy payers. It is estimated that the company will achieve annual
operational savings of approximately $550,000 per annum from moving to the new
single company arrangement.
The regulation of export control powers under
the new company will be similar to the way they currently operate under the
Australian Horticultural Corporation and the financial impact will be similar,
with exporters paying a licensing fee on a cost-recovery basis.
REGULATION IMPACT STATEMENT FOR EXPORT CONTROL POWERS
Introduction
1. It is intended that the new horticulture marketing and R&D services company will be able to administer export controls that are currently available to the Australian Horticultural Corporation and Australian Dried Fruits Board.
2. These export control powers were the subject of a review by an industry-Government Working Party in December 1999, with a view to assessing their effectiveness under National Competition Policy principles.
3. The conclusion of the review, which was assisted by analysis by an independent consultant, was that the use of the powers by the horticulture industry allows net public benefits to be generated and that these benefits would be substantially eroded or lost if the powers were removed.
5. A number of Australian horticulture industries have utilised the export
control and Product Board powers of the AHC under Part V of the Australian
Horticultural Corporation Act 1987. The objectives of those powers, as
explained in section 116 of the Act, are “ to enable the [AHC] and Product
Boards to be given the powers necessary to ensure that Australian horticultural
industries achieve their full potential in overseas markets.”
6. The
AHC has only used the export powers in those circumstances in overseas markets
where export controls can be expected to provide net benefits to horticulture
industries.
7. The competition policy case for the continued use of export
control powers of the type used by the AHC depends on demonstrating that the
powers provide net public benefits, when compared to other regulatory options
(including no regulation) and that the benefits cannot be achieved without
government intervention.
8. The consultant's report identified four
market circumstances operating overseas where the use of export control powers
could potentially provide net public
benefits:
• the opportunity to capture market
power opportunities, through controlling supply or capturing a timing
advantage;
• the ability to countervail market
power exercised by importers or others in the
market;
• the ability to capture economies of
scale in the supply chain in production, marketing, distribution,
etc;
• the need to comply with foreign quarantine
and/or quota requirements (circumstances imposed by a foreign government).
9. The AHC currently exercises its export control powers in four export
markets; the US citrus market, the Thailand citrus market, the Taiwan
horticultural market ( to administer quotas set by Taiwan’s Government on
citrus, apples, peaches and plums) and in the Korean citrus
market.
10. Currently, the only Product Board operating is the Australian
Dried Fruits Board (ADFB). The ADFB will be abolished and its roles and
responsibilities taken over by the new horticulture services company.
US
Citrus market case
10. The South Australian citrus industry gained access
to the US citrus market in the early 1990's, after investing considerable
resources in developing the necessary quarantine protocols.
11. The citrus
industry approached the AHC for use of export control powers in 1991 to assist
their marketing of fruit into the US market. In June 1992, following a series of
industry consultations, a Corporate Permission was issued, prohibiting exports
to the USA unless they were undertaken through a sole importing agent, DNE Fruit
Sales.
12. The purpose of designating a single importer was to provide for
the development of a marketing strategy that focussed on delivering high quality
fruit to customers in a co-ordinated manner and ensured that all exporters met
the required quarantine requirements. It is also designed to avoid undercutting
of price or quality by individual exporters.
13. Quarantine access for
Australian oranges into the United States works at two levels:
- stringent
quarantine and quality requirements apply from 1 September to 30 June of each
year, which do not preclude exports but do make profitable export activity
difficult; and
- there is a window of opportunity through July and August,
during which the requirements are relaxed (not removed) to provide improved
export opportunities.
14. The July and August window coincides with the
off-season for United State navel orange producers, allowing Australian
exporters a timing advantage.
15. The volume of Australian produce exported
to the US market has increased steadily since 1992. The volume and the average
return increased from 2,415 tonnes, with an average return of $A 751/tonne in
1992-93 to 21,696 tonnes with an average return of $A 1,574/tonne in 1998-99.
The value of Australian exports has grown accordingly from under $2m in 1992-93
to over $40m in 1999-2000.
Single Importer Arrangement
16. The
arrangement with DNE led to the development of marketing strategies for
Australian navels that focus on delivering high quality fruit to supermarket
outlets in high socio-economic areas of the United States. This is based on
delivering volumes containing a high proportion of large clean fruit for which
premium prices were expected in the absence of domestic fruit during July and
August. Smaller fruit sizes are also accepted, although the sale of any
significant volumes of small fruit would require careful management to ensure
that small fruit does not erode the premium prices for larger
fruit.
17. Coinciding with the development of market access to the United
States, a range of Riverland exporters and packers voluntarily combined to form
Riversun, an umbrella organisation that co-ordinates the vast majority of
exports to the United States. With the decision to award access to the US citrus
market to Sunraysia and the Riverina in 1996, Riversun attracted exporters and
packers from these areas to its ‘membership’.
18. Riversun is a
marketing co-ordinator, not an exporter. It manages and arranges transport,
consolidations, packaging and other activities, seeking to capture various
economies of scale available through the supply chain. Riversun also contributes
to the maintenance of quality standards through the chain, both to meet
quarantine standards and to ensure the arrival of high quality fruit. Riversun
states that its mission is to achieve the greatest volume of sales at the best
possible price. This mission recognises that the single objectives of either
maintaining the highest possible price only, or moving the greatest volume only,
do not necessarily maximise value to company members.
19. It is not mandatory
for an exporter to use Riversun and it is not specified in the AHC Corporation
Permission. DNE is required to accept sales from any licensed Australian
exporter. As such, the use of Riversun will reflect the value that it offers to
exporters by reducing transport costs and co-ordinating imports. If Riversun
does not deliver value to its members then those exporters will not use it.
Description of benefits and costs
20. Benefits of the export
arrangements include:
- Capture of a market timing advantage. The bulk of
Australian navels arrive in the United States during the off-season for United
States navels. This enables sales of Australian navels to capture a timing and
quality premium. The ability to capture that premium is assisted by the use of
export control powers, largely through the ability to limit competition between
Australian suppliers.
- Countervailing of buyer power. Use of the export
control power ensures that Australian navel exporters do not compete amongst
themselves for retail market share. Two experiences reported to the Working
Party demonstrated clearly the significant quantitative benefits of this
effect.
- Economies of scale. The development of the Riversun company
coincided with access to the United States market. Riversun is reported to have
achieved significant savings in transport costs, as well as assisted with fruit
coordination to achieve best prices in the United States. The success of
Riversun is demonstrated in its high uptake by exporters, given that it is not
mandatory to utilise the services of Riversun. These benefits are associated
with the export control powers although it cannot be claimed that co-operative
arrangements can only operate with legislative backing.
- Brand and quality
management. There has been some branding and quality benefits identified as
arising from exports to the United States, particularly through the efforts of
Riversun. As with the capturing of economies of scale, these are linked to the
export control power although quality and branding success can occur without
export control powers.
- Knowledge and technology carry over to other
markets. There have been a range of initiatives in packaging, transport,
marketing and distribution triggered by the United States success that have the
potential to add to efforts in other markets. Such flow-on effects are commonly
associated with export activity due to the market discipline imposed on
exporters. Again, while these can be associated with the use of the export
control powers they cannot be claimed to be solely associated with the use of
such powers.
21. Costs of the export arrangements include :
- Lack of
incentive for a single importer. Early in the process the citrus industry
recognised that the sole importer status could offer DNE reduced incentives for
performance. As a result performance incentives have been put in place to keep
pressure on DNE to provide the best possible service. Annual reporting
requirements also encourage performance, although it is understood that at
present these performance reports are presented by DNE itself, rather than by
independent assessment.
- Loss of market opportunities. Restricting supply
necessarily involves the loss of some market opportunities. In the case of the
United States it is clearly the case that exports of small fruit have been
constrained in order to protect price premiums for larger fruit. This has
resulted in the loss of the potential value of small fruit exports (although it
is recognised that the objective has been to protect more valuable large fruit
exports and that any sales below costs are unprofitable
anyway).
Conclusions on effectiveness
22. The Corporation
Permission for orange exports to the United States has facilitated the
development and maintenance of a premium market for high quality fruit in the US
market and the growth of the market based on supplying the type and quality of
fruit sought by US consumers.
23. On the evidence available, navels sold
to the United States appear to provide returns of near to double those of
equivalent sales into other markets. However, premium prices in the United
States reflect demand in the United States. They represent an opportunity but
alone do not justify the use of export control powers.
24. The export control
powers have assisted in the maintenance of premium prices by reducing the scope
for Australian navel exports to undercut each other and force prices down and
reduce returns to Australian businesses.
25. As outlined above, the use of a
single importer entails costs. In particular these relate to the incentive
arrangements facing the importer and affecting their performance. Some of these
costs have been addressed, through the development of incentive structures on
commission payments and the appointment of Oppenheimers as a sub-agent,
providing some degree of benchmark for DNE.
26. There are a number of
expected market developments that will change the nature of the United States
citrus market for Australian exporters. These include retail consolidations,
competition from other countries and the challenge of managing the dynamic of
supply and demand. The various impacts of such changes are already under
discussion. It is not clear what implications might flow from these
developments. However, it cannot be assumed that the current export arrangements
will remain relevant. Continual performance review and market analysis will be
required to determine the best arrangements for the Australian citrus industry
and the Australian community.
27. From this case study it is clear that
reliance on voluntary constraints on exporters is unlikely to work, as there
will always be some who want to export directly free of any marketing
constraint. This would seriously undermine the returns for the industry as a
whole.
Use of powers in other markets
28. The AHC also provides for
regulation of export markets in the following products sale of peaches, plums,
apples and citrus to Taiwan under quota arrangements and sale of citrus to
Thailand and Korea.
29. Wide consultation has occurred with key stakeholders during the
preparation of the consultant's study in to the use of export control powers by
the AHC, with 90 submissions received from many sectors of the horticultural
industry.
30. The strong balance of submissions and comment was for the
retention of the export control powers, although some exporters opposed the use
of the powers on the basis it restricts their freedom to trade under terms and
conditions specified by them.
Conclusion
31. Based on the case
study analysis, it was concluded by the industry-Government review that the
powers were being use to advantage by the horticulture industry in certain
export markets and that the removal of the powers would erode or remove the
export market advantage currently being achieved. In particular, removal of the
power to nominate a single importer in the case of citrus to the US could be
expected to erode the price premiums being achieved through the control of
quality and size of fruit being delivered to the market. It was therefore
concluded that the powers would need to be retained and transferred to the new
horticulture services company to implement.
32. It was also agreed that the
company would be required to follow a 5-step process for the use of powers in
the future to achieve increased accountability and
transparency:
• Develop a case based on net public benefits and consult
widely with industry
• Case to be reviewed by the
company
• AFFA to prepare a Regulation Impact
Statement
• Company administers licenses and the system once
approved
• Annual review of performance and future review of
powers
33. The company has been given a two year phase-in period for the new
5-step process, to avoid undue disruption to the existing
arrangements.
NOTES ON CLAUSES
Clause 1 : Short
title
This clause provides for the Act to be called the
Horticulture Marketing and Research and Development Services Bill
2000.
Clause 2 : Commencement
This clause provides for
the Act to commence upon Royal Assent and for Parts 3 and 4 to commence at the
same time as the repeal of the AHC and HRDC Acts. This will allow the industry
services functions and the export control functions of the new horticulture
services company to begin upon transfer day.
Clause 3 : Simplified
Outline
This clause provides a simplified outline of the
Act.
Clause 4 : Definitions
This clause provides for terms
in the Act to defined.
Clause 5 : Crown to be Bound
This
clause provides for the Act to bind the Crown but not make it liable to be
prosecuted for an offence.
Clause 6 : Application of this
Act
This clause provides for the Act to apply both within and outside
Australia.
Clause 7 : Application of the Criminal
Code
This clause provides for Chapter 2 of the Criminal
Code to apply to all offences committed under the Act in relation to the
export control functions of the company.
Part 2 The industry services
body and the industry export control body
Division
1
Clause 8 : Simplified Outline
This clause provides a
simplified outline of Part 2 of the Bill.
Clause 9 : Declaration of
the industry services body and the industry export control body
In
order for the Minister to be able to provide for the new horticultural services
company to deliver the marketing and research and development services to, and
administer export control powers in respect of, the horticulture industry as
intended, there is a need to formally declare the company to have these
functions. This is achieved in this clause by providing for the Minister to
declare a body to be the industry services body and the industry export control
body if certain conditions are satisfied. The same body can fulfil both
functions.
The conditions attaching to his declaration are provided in
this clause. A key condition is that the Minister has had regard to whether the
company’s constitution is appropriate.
The clause also provides for
the Minister’s declaration of a body to specify the day on and after which
the relevant body is to be the industry services body or the industry export
control body. A copy of the declaration is to be published in the Gazette
within 14 days after it is made.
This clause provides for the Minister to
declare that the industry services body ceases to be the industry services body;
or the industry export control body ceases to be the industry export control
body; on certain specified grounds. The declaration must be by notice in
writing.
The specified grounds ensure the company has flexibility to
request this cessation (subclause(2)(a)), and to ensure that if the company acts
inappropriately, has an inappropriate change made to its constitution, or is
moving into insolvency, it may cease to be declared.
The notice must
specify the day on which the body is to cease to be the industry services body
or export control body. That day must be after the day on which the declaration
is made. A copy of the declaration is to be published in the Gazette
within 14 days after it is made.
Clause 11 : Transfer of industry
assets and liabilities after cessation of declaration
This clause
provides for the Minister to transfer certain assets and liabilities from a body
which has ceased to be declared as the industry services body or industry export
control body to another declared body, or another body or trust that the
Minister is satisfied has the objective of furthering the industry’s
marketing and research and development interests.
The assets and
liabilities available to be transferred are those agreed to by the body in the
deed of agreement entered into under section 12. It is anticipated that the
assets and liabilities so agreed will be those representing the industry’s
investment over time into industry marketing and research and development
through the statutory authorities and the new company.
The notice of
transfer is to be in writing and requires regulations to have been made to
effect the transfer. The declaration is to be published in the Gazette within 14
days.
Division 3 Deeds of Agreement
Clause 12 : The
Minister may enter into Deeds of Agreement
This clause provides for
the Minister, on behalf of the Commonwealth, to enter into a Deed of Agreement
with the proposed industry services body and proposed export control body. The
purpose of the Deed of Agreement is to specify the conditions the Commonwealth
requires the bodies to meet in order that the public accountability requirements
of the Commonwealth are met. The public accountability requirements relate to
use of statutory levy funds, Commonwealth matching payments for research and
development, the administration of export control powers, and the use of assets
and liabilities transferred from the statutory authorities under the
Horticulture Marketing and Research and Development (Repeals and
Consequential Provisions) Act 2000 .
Clause 13 : The Minister may
vary Deeds of Agreement
In order to allow variation of public
accountability requirements as necessary from time to time, this clause provides
for the Minister and a declared body to vary the Deed of Agreement in writing.
The variation is to published in the Gazette within 14 days stating the
variation and its effect.
Clause 14 : Public access to Deeds of
Agreement
The Deeds of Agreement will be important documents
specifying the public accountability conditions applying to the new declared
bodies. This clause requires the industry services body and the export control
body to keep a copy of the Deed of Agreement available for public inspection at
the body's registered office and to provide a copy for a fee. If it is available
on the Internet, the bodies are to inform persons seeking a copy of that
fact.
Part 3 -Expenditure and funding of the industry services
body.
Division 1
Clause 15 : Simplified
outline
This clause provides a simplified outline of Part 3 of the
Act.
Division 2 -Expenditure and funding of the industry services
body
Clause 16 : Commonwealth payments to the industry services
body
This clause provides for the funding of the marketing and
research and development programs of the new company.
It provides for the
Commonwealth to pay the specified marketing and research and development amounts
to the industry services body as defined in the Act. It also provides for the
Commonwealth to pay one-half of eligible R&D expenditure (as defined in the
Act and in the Deed of Agreement entered into by the Industry Services Body).
The total amount is not to exceed 0.5% of GVP of the horticulture industry for
the financial year, in line with the Commonwealth's matching policy. It provides
for the Secretary of AFFA to determine the GVP for horticulture. It also ensures
that double payment of matching payments to the company does not
occur.
The clause also provides for the time, manner and conditions of
payment of matching funds to be specified in the Deed and for conditions to
apply to the payments. These conditions include payment of expenses or refunds
to the Commonwealth under conditions specified in clause 17 of the
Bill.
The clause provides for the amounts payable to be appropriated from
the Consolidated Revenue Fund.
Clause 17 : Expenditure of Commonwealth
payments by the industry services body
Marketing amounts may only be
used by the company for the purposes defined which include the horticultural
industry marketing, for company administration, paying staff, agents and
consultants, expenses incurred by the Commonwealth in collecting , recovering or
administering the collection of marketing funds and making other authorised or
prescribed payments.
Research and development amounts may only be used
for this purpose and the related purposes as described in the
clause.
Part 4 - Export Control
Division 1 - Simplified
Outline
Clause 18 : Simplified Outline
This clause
provides a simplified outline of Part 4 of the Bill.
Division 2 -
Export Control
Clause 19 : Regulated horticultural products and
regulated horticultural markets
This clause provides for the
Secretary of AFFA to declare a horticultural product to be a regulated product
to a regulated market in order to allow the export control powers of the Act to
be applied.
The order takes effect at least 14 days after the order is
notified in the Gazette. A copy of the order is to be published in the
growing regions affected. The Secretary only makes the order if processes
relating to the imposition of export controls as set out in the Deed of
Agreement have been satisfied. These processes reflect the consultation and
consideration process for new export controls agreed between the Government and
the horticultural industry.
Clause 20 : Revocation of
Orders
This clause provides for the Secretary of AFFA to revoke an
export control provided processes set out in the Deed of Agreement have been
satisfied. The same conditions to the issuing of the order also apply to the
revocation of an order.
Clause 21 : Prohibitions on certain exports
of regulated horticultural products to regulated horticultural
markets
This clause provides for an offence should a person export a
regulated product to a regulated market without a license or in breach of the
conditions applying to an issued license. For natural persons the offence
provision includes 180 penalty points for exporting without an license and 60
penalty units for breach of license conditions. The current level of a penalty
point is $110, providing for an offence of $19,800 for exporting without a
license, or $6600 for exporting with a breach of conditions. For corporations
committing an offence under these provisions the offence is multiplied by
five.
Clause 22 : Licenses to export regulated horticultural products
to regulated horticultural markets
This clause provides for
regulations to be made to govern the licensing of exporters under the export
control provisions. It specifies the coverage of the regulations to include
granting and assigning a license, the conditions applying to it, surrendering a
license, revoking or suspending due to a breach of conditions and providing for
administrative review of the company decisions. It provides the conditions that
the regulations may allow to be set on licenses by the company.
Clause
23 : Issue of certificates for Australian horticulture products by the industry
export control body
This clause provides for the export control body
to be able to issue formal certificates certifying a matter related to export.
For example, some countries with quota arrangements require the exporter to
produce a certificate stating the amount of quota they have been allocated and a
certificate issued by the company would be used for this
purpose.
Clause 24 : Powers the Secretary may exercise if there is no
industry export control body
This clause provides for the Secretary
of AFFA to exercise the export control powers in circumstances where there is no
export control body declared. It also allows for the making of regulations to
support this action and for the payment of licence fees to the Commonwealth.
This clause will allow the continued export of regulated product to a regulated
market in the exceptional circumstances where no export control body is
available. It also provides for the Secretary to collect payment of fees for
licenses.
Clause 25 : Exemptions of the industry export control body
and its officers from liability for damages
This clause is designed
to offer protection of the export control body and its officers from liability
for damages with respect to their actions as an export control body or as
officers of that body, unless such actions are in omission or bad
faith.
Clause 26 : Operations of certain laws not
restricted
This clause is provided to make it clear that Part 4 of
the Bill does not affect the operation of any other law relating to
export.
Part 5 - Miscellaneous provisions
Clause 27 :
Injunctions for actionable conduct
This clause provides for the
Minister to apply to the Federal Court for an injunction if the industry
services body or the export control body has engaged, engages or proposes to
engage in conduct that would breach the legislation, the regulations, the orders
or the Deed of Agreement. The clause provides for the different forms of
injunctions to apply.
Given the important industry and public
accountability role of the company it is important that the Commonwealth can act
through an injunction to prevent actionable conduct from continuing, should it
arise.
Clause 28 : Commonwealth recovery of amounts payable under
Deeds of
Agreement
This clause provides a statutory right
of recovery for money repayable to the Commonwealth under this Act or the Deed
of Agreement entered into by the industry services body.
Clause 29 :
Ministerial directions
This clause provides for the Minister to give
a written direction to the company. The direction must meet the criteria of
being in the national interest because of exceptional and urgent circumstances.
The clause requires the Minister to be satisfied that the direction
would not require the company to incur expenses greater than amounts provided
under the Act and that the Minister has given the company's directors an
adequate opportunity to discuss the need for the proposed Direction as well as
the impact of compliance with the Minister on the company's commercial
activities. The direction must be laid before each House of Parliament within 15
days, unless doing so would prejudice the national interest or the company's
commercial activities.
Clause 30 : Commonwealth access to information
etc
This clause contains provision for company documents to be
provided to the Secretary of the Department where the Secretary suspects
actionable conduct by the body or previous bodies. It specifies the also
specifies the constraints applying to the use of information or documents so
provided.
Clause 31 : Application of the Archives Act
1983
This clause provides for records of the Australian
Horticultural Corporation, the Horticultural Research and Development
Corporation and the Australian Dried Fruits Board that are transferred to the
declared bodies to be subject to the Archives Act 1983 .
Because
the company will be fulfilling key ongoing industry and public functions in
relation to use of levy and matching funds and export control powers, provision
is also made to provide for the records relating to these functions of the new
declared bodies to also be covered by the Archives Act
1983.
Clause 32 : Delegations
This clause provides for
the Minister to delegate all powers to the Secretary under the Act, with the
exception of Ministerial Directions. The Secretary may delegate to an officer
with the necessary skills or experience. Delegations must be in
writing.
Clause 33 : Compensation for acquisition of
authority
This clause provides a right to compensation if, as a
result of the operation of the Act, property is acquired from a person otherwise
than on just terms.
Clause 34 : Regulations
This clause
provides for the making of regulations under the Act.
Clause 35 :
Orders
This clause provides for the Secretary to make orders
consistent with the Act.