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This is a Bill, not an Act. For current law, see the Acts databases.
1998-1999-2000
The Parliament
of the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Agriculture,
Fisheries and Forestry Legislation Amendment Bill (No. 1)
2000
No. ,
2000
(Agriculture, Fisheries and
Forestry)
A Bill for an Act to amend
legislation relating to agriculture, fisheries and forestry, and for related
purposes
ISBN: 0642 439052
Contents
Quarantine Act
1908 4
Australian Wine and Brandy Corporation Act
1980 11
Public Employment (Consequential and Transitional) Amendment Act
1999 11
A Bill for an Act to amend legislation relating to
agriculture, fisheries and forestry, and for related
purposes
The Parliament of Australia enacts:
This Act may be cited as the Agriculture, Fisheries and Forestry
Legislation Amendment Act (No. 1) 2000.
(1) Subject to this section, this Act commences on a day or days to be
fixed by Proclamation.
(2) If a provision of this Act (other than item 8 of Schedule 2)
does not commence under subsection (1) within the period of 6 months
beginning on the day on which this Act receives the Royal Assent, the provision
commences on the first day after the end of that period.
(3) Item 8 of Schedule 2 is taken to have commenced on the day
on which the Public Employment (Consequential and Transitional) Amendment Act
1999 received the Royal Assent.
Subject to section 2, each Act that is specified in a Schedule to
this Act is amended or repealed as set out in the applicable items in the
Schedule concerned, and any other item in a Schedule to this Act has effect
according to its terms.
The amendments made by items 7 and 8 of Schedule 1 apply to
applications for approvals made after the commencement of this
section.
The amendment made by item 11 of Schedule 1 applies to goods
ordered into quarantine after the commencement of this section.
(1) The amendments made by items 2 and 3 of Schedule 1 do not
affect the validity of an appointment made under section 9AA of the
Quarantine Act 1908 before the commencement of this section.
(2) An appointment of a person as a quarantine officer (animals) and a
quarantine officer (plants) purporting to have been made under section 9AA
of the Quarantine Act 1908 before the commencement of this section is
taken to have been validly made.
An agreement purporting to have been entered into under section 66B
of the Quarantine Act 1908 before the commencement of this section in
respect of vessels is taken to have been validly entered into.
1 Section 6C
After “this Act”, insert “, the regulations or a
Proclamation under this Act”.
2 Subsection 9AA(3)
Repeal the subsection, substitute:
(3) The Director of Animal and Plant Quarantine may, by writing, appoint a
person to be either or both of the following:
(a) a quarantine officer (animals);
(b) a quarantine officer (plants).
3 Subsection 9AA(4)
Repeal the subsection, substitute:
(4) A person appointed under subsection (3) must be appointed to a
division or divisions of animal quarantine, plant quarantine or both, as the
case may be, specified in the instrument of appointment.
4 Subsection 14A(1)
Omit “or the regulations”, substitute “, the regulations
or a Proclamation under this Act”.
5 After paragraph 18(2)(b)
Insert:
(ba) all quarantinable pests and quarantinable diseases;
6 After subsection 35(1)
Insert:
(1AAA) A quarantine officer may, by order in writing, order into
quarantine any goods that, in his or her opinion, are or are likely to be
quarantinable pests or quarantinable diseases.
7 Subparagraph
46A(3)(a)(iii)
Repeal the subparagraph, substitute:
(iii) an offence against any other law of the Commonwealth prescribed for
the purposes of this section; or
(iv) an offence against any law of a State or a Territory prescribed for
the purposes of this section; and
Note: The heading to section 46A is altered by omitting
“ordered into” and substituting “subject
to”.
8 Subparagraph
46A(4)(f)(iii)
Repeal the subparagraph, substitute:
(iii) an offence against any other law of the Commonwealth prescribed for
the purposes of this section; or
(iv) an offence against any law of a State or a Territory prescribed for
the purposes of this section; and
9 Subparagraph
46A(9)(f)(iii)
Repeal the subparagraph, substitute:
(iii) an offence against any other law of the Commonwealth prescribed for
the purposes of this section; or
(iv) an offence against any law of a State or a Territory prescribed for
the purposes of this section; or
10 At the end of
section 46A
Add:
Definition
(14) In this section:
goods has the meaning given by subsection 5(1), and includes
a vessel.
Interpretation
(15) Subsection (14) does not affect the meaning of goods
in any other provision of this Act.
11 Paragraph 48(1)(a)
Repeal the paragraph, substitute:
(a) are to be detained:
(i) on board the vessel or installation, or at the premises, where they
are located at the time the direction is given; and
(ii) in such manner, and for such period, as a quarantine officer
determines; or
12 Subsection 48AB(3)
Repeal the subsection, substitute:
Treatment of vehicle
(3) If a vehicle has been exposed to an animal at a time when the animal
was subject to quarantine, a quarantine officer may direct:
(a) the owner of the vehicle; or
(b) the person in control of the vehicle;
to treat the vehicle in a manner stated in the direction.
Note: For the circumstances in which a vehicle is taken to
have been exposed to an animal, see section 5B.
13 Before subsection
48AB(4)
Insert:
(3A) If a vehicle has been exposed to a quarantinable pest or a
quarantinable disease, a quarantine officer may direct:
(a) the owner of the vehicle; or
(b) the person in control of the vehicle;
to treat the vehicle in a manner stated in the direction.
14 After subsection 48AB(4)
Insert:
(4A) If any premises (other than a vehicle) have been exposed to a
quarantinable pest or a quarantinable disease, a quarantine officer may
direct:
(a) the owner of the premises; or
(b) if the owner is not the occupier of the premises—the occupier of
the premises;
to treat the premises in a manner stated in the direction.
15 After Part V
Insert:
Electronic notice
(1) An electronic notice under this section may be given to:
(a) a person who has imported goods that have not been released from
quarantine; or
(b) an agent of such a person.
(2) The notice may do one or more of the following:
(a) order the goods into quarantine;
(b) release the goods from quarantine;
(c) require the person to whom the notice is given (the
recipient) to cause the goods to be treated in a manner specified
in the notice;
(d) require the recipient to leave the goods at a place specified in the
notice;
(e) require the recipient to move the goods to a place specified in the
notice;
(f) set out the extent (if any) to which the recipient may deal with or
interfere with the goods.
However, if the notice orders the goods into quarantine, the notice must
also do one or more of the things mentioned in paragraphs (c) to
(f).
Director of Animal and Plant Quarantine taken to have given the
notice
(3) If a notice is given to a person under subsection (1), the
Director of Animal and Plant Quarantine is taken to have given the
notice.
Operation of the computer program
(4) The Director of Animal and Plant Quarantine must take all reasonable
steps to ensure that the computer program concerned does not result in
electronic notices ordering goods into quarantine unless there are reasonable
grounds to believe there is an unacceptably high level of quarantine risk in
respect of the goods.
Offences
(5) A person is guilty of an offence if:
(a) a notice is given to the person under subsection (1) that orders
goods into quarantine and does one or more of the things mentioned in
paragraphs (2)(c) to (f); and
(b) the person contravenes a requirement in the notice; and
(c) the person is reckless as to whether the goods posed a quarantine
risk.
Maximum penalty: Imprisonment for 2 years.
(6) A person is guilty of an offence if:
(a) a notice is given to the person under subsection (1) that does
one or more of the things mentioned in paragraphs (2)(c) to (f) (but does
not order the goods into quarantine); and
(b) the person contravenes a requirement in the notice.
Maximum penalty: Imprisonment for 2 years.
Later electronic notices
(7) An electronic notice given under this section may vary or revoke an
earlier electronic notice given under this section.
(8) If an electronic notice given under this section is inconsistent with
an earlier electronic notice given under this section, the earlier notice is, to
the extent of the inconsistency, of no effect.
This section in addition to other powers
(9) This section is in addition to any power of a quarantine officer under
this Act.
Orders or directions under other provisions prevail
(10) If an order or direction given by a quarantine officer under this Act
is inconsistent with an electronic notice, the notice is, to the extent of the
inconsistency, of no effect.
Definitions
(11) In this section:
electronic notice means an electronic notice generated as a
result of the operation of a computer program under the control of the Director
of Animal and Plant Quarantine.
16 Subsection 66AA(5) (after paragraph (b)
of the definition of infected goods)
Insert:
(ba) goods that are quarantinable pests or quarantinable
diseases;
(bb) goods that a quarantine officer suspects, on reasonable grounds, to
be quarantinable pests or quarantinable diseases;
17 Subparagraph
66AE(2)(a)(iii)
Repeal the subparagraph, substitute:
(iii) premises at which procedures are authorised under a compliance
agreement to be carried out; or
18 Subsection 66B(8)
Insert:
goods has the meaning given by subsection 5(1), and includes
a vessel.
19 At the end of
section 66B
Add:
(9) The definition of goods in subsection (8) does not
affect the meaning of goods in any other provision of this
Act.
20 Paragraph 68(4)(a)
Repeal the paragraph, substitute:
(a) in respect of animals, plants or other goods imported or introduced
into, or brought into any port or other place in, Australia or the Cocos
Islands—to the importer or consignee of the goods; or
Australian Wine and Brandy
Corporation Act 1980
1 Subsection 29U(2)
After “wine grapes levy,”, insert “wine export
charge”.
2 Subsection 29U(2)
After “that levy”, insert “or charge”.
3 Section 29Z
Repeal the section.
4 Section 29ZA
After “Primary Industries (Excise) Levies Act 1999”,
insert “or subclause 5(1) of Schedule 13 to the Primary Industries
(Customs) Charges Act 1999”.
5 At the end of subparagraphs 46(1)(a)(i), (ii)
and (iii)
Add “and”.
6 After subparagraph
46(1)(a)(iv)
Insert:
(iva) the method of determining the number of votes that an eligible
producer (within the meaning of section 29U) may cast at such meetings;
and
7 At the end of paragraph
46(1)(a)
Add:
; and (vi) the confidentiality of voting at such meetings;
Public Employment
(Consequential and Transitional) Amendment Act 1999
8 Item 277 of
Schedule 1
Repeal the item, substitute:
277 Subsection 39ZL(1A)
Omit “a Department of the Commonwealth”, substitute “an
Agency (within the meaning of the Public Service Act
1999)”.
Note: This item corrects a misdescribed amendment of the
Australian Wine and Brandy Corporation Act 1980.