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This is a Bill, not an Act. For current law, see the Acts databases.
AGRICULTURE, FISHERIES AND FORESTRY LEGISLATION AMENDMENT BILL (NO. 1) 2012
2010-2011-2012
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) 2012
No. , 2012
(Agriculture, Fisheries and Forestry)
A Bill for an Act to amend various Acts relating to
agriculture, fisheries and forestry, and for related
purposes
i Agriculture, Fisheries and Forestry Legislation Amendment Bill (No. 1) 2012 No. ,
2012
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
2
Schedule 1--Label integrity program
3
Wine Australia Corporation Act 1980
3
Schedule 2--Vintage
5
Wine Australia Corporation Act 1980
5
Schedule 3--Conditions
6
Fisheries Management Act 1991
6
Schedule 4--Delegation
9
Fisheries Administration Act 1991
9
Schedule 5--Remission of penalty amount
10
Primary Industries Levies and Charges Collection Act 1991
10
Schedule 6--Technical amendments
11
Export Control Act 1982
11
Fisheries Management Act 1991
15
Primary Industries and Energy Research and Development Act 1989
16
Quarantine Act 1908
16
Schedule 7--References to specific Departments and
Secretaries
18
Farm Household Support Act 1992
18
Schedule 8--Repeal of Act
20
States Grants (War Service Land Settlement) Act 1952
20
Agriculture, Fisheries and Forestry Legislation Amendment Bill (No. 1) 2012 No. , 2012
1
A Bill for an Act to amend various Acts relating to
1
agriculture, fisheries and forestry, and for related
2
purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the Agriculture, Fisheries and Forestry
6
Legislation Amendment Act (No. 1) 2012.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
13
2 Agriculture, Fisheries and Forestry Legislation Amendment Bill (No. 1) 2012 No.
, 2012
Commencement information
Column 1
Column 2
Column 3
Provision(s) Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedules 1
and 2
The day after this Act receives the Royal
Assent.
3. Schedule 3
The 28th day after this Act receives the
Royal Assent.
4. Schedules 4, 5
and 6
The day after this Act receives the Royal
Assent.
5. Schedule 7
The 28th day after this Act receives the
Royal Assent.
6. Schedule 8
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedule(s)
7
Each Act that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Label integrity program Schedule 1
Agriculture, Fisheries and Forestry Legislation Amendment Bill (No. 1) 2012 No. , 2012
3
Schedule 1--Label integrity program
1
2
Wine Australia Corporation Act 1980
3
1 Subsection 4(1) (definition of direct sale)
4
Repeal the definition.
5
2 Subsection 39F(1) (note 2)
6
Repeal the note, substitute:
7
Note 2:
See section 39G (which deals with when certain details are not
8
required to be kept) and section 39H (which deals with details
9
required under section 39F).
10
3 Subsection 39F(3)
11
Omit "(except as provided by subsection 39G(2))".
12
4 Subsections 39G(2) and (3)
13
Repeal the subsections, substitute:
14
Suppliers and receivers, and their agents, not required to keep
15
certain records
16
(2)
If:
17
(a)
a
person:
18
(i) supplies or receives wine goods that are packaged in a
19
container for the purpose of sale of the wine goods to a
20
consumer; or
21
(ii) is an agent who, on behalf of a person covered by
22
subparagraph (i), takes possession of wine goods that
23
are packaged in a container for the purpose of sale of the
24
wine goods to a consumer; and
25
(b) before the wine goods are sold to a consumer, the person has
26
not taken any steps to change or affect any label claims made
27
about the wine goods;
28
the person is not required to keep a record showing details required
29
under paragraphs 39F(1)(e) to (l) in relation to that supply, receipt
30
or taking possession of the wine goods.
31
5 Paragraph 39J(1)(c)
32
Schedule 1 Label integrity program
4 Agriculture, Fisheries and Forestry Legislation Amendment Bill (No. 1) 2012 No.
, 2012
Omit "39G or".
1
6 Application
2
(1)
The amendments made by this Schedule apply in relation to a supply,
3
receipt or taking possession of wine goods that occurs on or after the
4
commencement of this Schedule.
5
(2) If:
6
(a) apart from this item, a person would have been required by
7
section 39F of the old Act to keep a record showing details
8
required under paragraph 39F(1)(e), (f), (g), (h), (i), (j), (k) or
9
(l) of the old Act in relation to wine goods; and
10
(b) the person would not be required to keep such a record in
11
relation to the wine goods on or after the commencement of
12
this Schedule;
13
then, despite Division 2 of Part VIA of the old Act, the person is taken
14
not to have been required to keep the record.
15
(3)
If, apart from this item, a person was required by subsection 39G(2) of
16
the old Act to keep a record in relation to wine goods then, despite
17
Division 2 of Part VIA of the old Act, the person is taken not to have
18
been required to keep the record.
19
(4)
In this item:
20
old Act means the Wine Australia Corporation Act 1980 as in force
21
immediately before the commencement of this Schedule.
22
23
Vintage Schedule 2
Agriculture, Fisheries and Forestry Legislation Amendment Bill (No. 1) 2012 No. , 2012
5
Schedule 2--Vintage
1
2
Wine Australia Corporation Act 1980
3
1 Subsection 4(2A)
4
Omit "1 July", substitute "1 September".
5
6
Schedule 3 Conditions
6 Agriculture, Fisheries and Forestry Legislation Amendment Bill (No. 1) 2012 No.
, 2012
Schedule 3--Conditions
1
2
Fisheries Management Act 1991
3
1 Subsection 22(3) (note)
4
Repeal the note, substitute:
5
Note:
For further provisions relating to conditions imposed on fishing rights
6
see subsections (4), (4A), (5) and (5A) and sections 42, 42A and 42B.
7
2 After subsection 22(4)
8
Insert:
9
(4A) It is also a condition of a fishing right relating to a fishery that the
10
holder of the right comply with a direction under section 41A that
11
relates to the fishery.
12
3 Subsection 22(5)
13
After "subsection (3)", insert "or (4A)".
14
4 Subsection 32(5) (note)
15
Repeal the note, substitute:
16
Note:
For further provisions relating to conditions imposed on fishing
17
permits see subsections (6), (7A) and sections 42, 42A and 42B.
18
5 Subsection 32(7A)
19
Repeal the subsection, substitute:
20
(7A) It is also a condition of a fishing permit relating to a fishery that the
21
holder of the permit comply with a direction under section 41A
22
that relates to the fishery.
23
6 Subsection 33(3) (note)
24
Repeal the note, substitute:
25
Note:
For further provisions relating to conditions imposed on scientific
26
permits see subsections (4), (5A) and section 42A.
27
7 Subsection 33(5A)
28
Repeal the subsection, substitute:
29
Conditions Schedule 3
Agriculture, Fisheries and Forestry Legislation Amendment Bill (No. 1) 2012 No. , 2012
7
(5A) It is also a condition of a scientific permit relating to a fishery that
1
the holder of the permit comply with a direction under section 41A
2
that relates to the fishery.
3
8 At the end of subsection 34(4)
4
Add:
5
Note:
For further provisions relating to conditions imposed on foreign
6
fishing licences see subsections (5), (6A) and sections 42, 42A and
7
42B.
8
9 Subsection 34(6A)
9
Repeal the subsection, substitute:
10
(6A) It is also a condition of a foreign fishing licence relating to a
11
fishery that the holder of the licence comply with a direction under
12
section 41A that relates to the fishery.
13
10 At the end of subsection 40(3)
14
Add:
15
Note:
For further provisions relating to conditions imposed on foreign
16
master fishing licences see subsections (4), (4A) and section 42B.
17
11 Subsection 40(4A)
18
Repeal the subsection, substitute:
19
(4A) It is also a condition of a foreign master fishing licence relating to
20
a fishery that the holder of the licence comply with a direction
21
under section 41A that relates to the fishery.
22
12 Subsection 41A(2)
23
Omit "engaged in any part of the fishery", substitute "engaged in in the
24
fishery".
25
13 Application of items 2, 5, 7, 9 and 11
26
The amendments made by items 2, 5, 7, 9 and 11 of this Schedule
27
apply, on and after the commencement of this item, in relation to:
28
(a) fishing rights, fishing permits, scientific permits, foreign
29
fishing licences and foreign master fishing licences, whether
30
granted before, on or after the commencement of this item;
31
and
32
Schedule 3 Conditions
8 Agriculture, Fisheries and Forestry Legislation Amendment Bill (No. 1) 2012 No.
, 2012
(b) directions issued under section 41A of the Fisheries
1
Management Act 1991 whether before, on or after the
2
commencement of this item.
3
4
Delegation Schedule 4
Agriculture, Fisheries and Forestry Legislation Amendment Bill (No. 1) 2012 No. , 2012
9
Schedule 4--Delegation
1
2
Fisheries Administration Act 1991
3
1 After paragraph 92(3)(e)
4
Insert:
5
or (f) a primary stakeholder in a fishery under a co-management
6
arrangement for the fishery;
7
2 Paragraph 93(1)(e)
8
Omit "1984; or", substitute "1984;".
9
3 Paragraph 93(1)(f)
10
Repeal the paragraph.
11
12
Schedule 5 Remission of penalty amount
10 Agriculture, Fisheries and Forestry Legislation Amendment Bill (No. 1) 2012 No.
, 2012
Schedule 5--Remission of penalty amount
1
2
Primary Industries Levies and Charges Collection Act 1991
3
1 Section 16
4
Repeal the section, substitute:
5
16 Remission of penalty
6
If an amount of penalty becomes payable under section 15 because
7
an amount of levy or charge in respect of particular collection
8
products remains unpaid after the time when it becomes due for
9
payment, the Secretary may remit the whole or a part of that
10
amount of penalty.
11
2 Subsection 28(9) (paragraph (a) of the definition of relevant
12
decision)
13
Omit "subsection 16(1)", substitute "section 16".
14
3 Application
15
(1)
The amendments made by this Schedule apply in relation to an amount
16
of penalty that:
17
(a) became payable before the commencement of this item and
18
in respect of which there had, immediately before the
19
commencement of this item, been no decision to remit, or to
20
refuse to remit, under subsection 16(1) of the old Act, the
21
whole or part of that amount; or
22
(b) becomes payable on or after the commencement of this item.
23
(2)
In this item:
24
old Act means the Primary Industries Levies and Charges Collection
25
Act 1991 as in force immediately before the commencement of this
26
Schedule.
27
28
Technical amendments Schedule 6
Agriculture, Fisheries and Forestry Legislation Amendment Bill (No. 1) 2012 No. , 2012
11
Schedule 6--Technical amendments
1
2
Export Control Act 1982
3
1 Section 3
4
Insert:
5
authorised officer means a person appointed under section 20 to be
6
an authorised officer.
7
2 Section 3 (definition of authorized officer)
8
Repeal the definition.
9
3 Section 3 (paragraph (a) of the definition of officer
10
assisting)
11
Omit "authorized", substitute "authorised".
12
4 Section 3 (paragraph (b) of the definition of officer
13
assisting)
14
Omit "authorized" (wherever occurring), substitute "authorised".
15
5 Subsection 6(1)
16
Omit "authorized", substitute "authorised".
17
6 Subparagraph 7(3A)(b)(iv)
18
Omit "authorized", substitute "authorised".
19
7 Section 10
20
Omit "authorized", substitute "authorised".
21
8 Subsections 10A(1) and (2) and 10B(1), (2) and (3)
22
Omit "authorized", substitute "authorised".
23
9 Paragraph 10B(4)(a)
24
Omit "authorize", substitute "authorise".
25
10 Paragraph 10B(4)(a)
26
Schedule 6 Technical amendments
12 Agriculture, Fisheries and Forestry Legislation Amendment Bill (No. 1) 2012 No.
, 2012
Omit "authorized", substitute "authorised".
1
11 Paragraph10B(4)(b)
2
Omit "authorized", substitute "authorised".
3
12 Subsection 10C(1)
4
Omit "authorized", substitute "authorised".
5
13 Subsection 10C(2)
6
Omit "authorized" (wherever occurring), substitute "authorised".
7
14 Subsection 10D(1)
8
Omit "authorized", substitute "authorised".
9
15 Subsection 10D(2)
10
Omit "authorized" (wherever occurring), substitute "authorised".
11
16 Subsections 10D(3), 10E(1) and (3)
12
Omit "authorized", substitute "authorised".
13
17 Paragraph 10E(4)(d)
14
Omit "authorized", substitute "authorised".
15
18 Subsection 10E(5)
16
Omit "authorizes", substitute "authorises".
17
19 Subsections 10F(1) and (3)
18
Omit "authorizes", substitute "authorises".
19
20 Subsection 10G(1)
20
Omit "authorized", substitute "authorised".
21
21 Paragraph 10G(5)(a)
22
Omit "authorized", substitute "authorised".
23
22 Subsections 10G(6) and (8)
24
Omit "authorized", substitute "authorised".
25
Technical amendments Schedule 6
Agriculture, Fisheries and Forestry Legislation Amendment Bill (No. 1) 2012 No. , 2012
13
23 Subsection 10G(8)
1
Omit "authorizes", substitute "authorises".
2
24 Paragraph 10G(9)(a)
3
Omit "authorized", substitute "authorised".
4
25 Paragraph 10G(9)(b)
5
Omit "authorizing", substitute "authorising".
6
26 Subsection 10G(9)
7
Omit "authorized" (second occurring), substitute "authorised".
8
27 Subsections 10H(1) and (2)
9
Omit "authorized", substitute "authorised".
10
28 Subsection 10H(3)
11
Omit "authorized" (wherever occurring), substitute "authorised".
12
29 Subsection 10H(4)
13
Omit "authorized", substitute "authorised".
14
30 Section 10J
15
Omit "authorized", substitute "authorised".
16
31 Paragraph 11(b)
17
Omit "authorized", substitute "authorised".
18
32 Paragraph 11(c)
19
Omit "authorized" (wherever occurring), substitute "authorised".
20
33 Paragraph 11A(1)(a)
21
Omit "authorized", substitute "authorised".
22
34 Subsection 11A(2)
23
Omit "authorized" (first occurring), substitute "authorised".
24
35 Paragraph 11A(2)(a)
25
Omit "authorized", substitute "authorised".
26
Schedule 6 Technical amendments
14 Agriculture, Fisheries and Forestry Legislation Amendment Bill (No. 1) 2012 No.
, 2012
36 Paragraph 11H(2)(c)
1
Omit "authorized", substitute "authorised".
2
37 Subsection 11J(2)
3
Omit "authorized", substitute "authorised".
4
38 Subsection 11J(3)
5
Omit "authorized" (first occurring), substitute "authorised".
6
39 Paragraph 11J(3)(b)
7
Omit "authorized", substitute "authorised".
8
40 Section 11K
9
Omit "authorize", substitute "authorise".
10
41 Section 11L
11
Omit "authorized", substitute "authorised".
12
42 Subsections 11M(1) and (2) and 11N(1), 11P(1), (2) and (3)
13
Omit "authorized", substitute "authorised".
14
43 Subsections 13(1) and (2)
15
Omit "authorized" (wherever occurring), substitute "authorised".
16
44 Subsection 19(1)
17
Omit "authorized", substitute "authorised".
18
45 Section 20
19
Omit "authorized" (first and second occurring), substitute "authorised".
20
46 Paragraphs 20(a) and (b)
21
Omit "authorized", substitute "authorised".
22
47 Subsections 21(1) and (2)
23
Omit "authorized", substitute "authorised".
24
48 Subsections 22(1) and (2)
25
Omit "authorized" (wherever occurring), substitute "authorised".
26
Technical amendments Schedule 6
Agriculture, Fisheries and Forestry Legislation Amendment Bill (No. 1) 2012 No. , 2012
15
49 Subsections 24(1) and (1A)
1
Omit "authorized", substitute "authorised".
2
50 Paragraph 25(2)(d)
3
Omit "authorized", substitute "authorised".
4
51 Application of items 1 to 50
5
The amendments made by items 1 to 50 of this Schedule do not apply in
6
relation to appointments under section 20 of the Export Control Act
7
1982 in force before the commencement of this item (whether or not
8
they cease to be in force before the commencement of this item).
9
Fisheries Management Act 1991
10
52 Paragraph 22(3)(c)
11
Omit "or, under subsection 79(3), cease to apply to a fishery".
12
Note:
This item removes a cross-reference to a provision that has been repealed.
13
53 Paragraph 32(5)(c)
14
Omit "or, under subsection 79(3), cease to apply to a fishery".
15
Note:
This item removes a cross-reference to a provision that has been repealed.
16
54 Paragraph 33(3)(b)
17
Omit "or, under subsection 79(3), cease to apply to a fishery".
18
Note:
This item removes a cross-reference to a provision that has been repealed.
19
55 Subsection 41A(2)
20
Omit "If, after", substitute "After".
21
Note:
This item removes redundant text.
22
56 Paragraph 91(4)(b)
23
Omit "or, under subsection 79(3), cease to apply to a fishery".
24
Note:
This item removes a cross-reference to a provision that has been repealed.
25
Schedule 6 Technical amendments
16 Agriculture, Fisheries and Forestry Legislation Amendment Bill (No. 1) 2012 No.
, 2012
Primary Industries and Energy Research and Development
1
Act 1989
2
57 Paragraphs 131(1)(j) to (p)
3
Reletter as paragraphs (i) to (n).
4
Quarantine Act 1908
5
58 Subsection 5(1)
6
Insert:
7
authorised person means a person authorised by this Act or the
8
regulations, or by the Minister or a quarantine officer, to do the act
9
in relation to which the expression is used.
10
59 Subsection 5(1) (definition of Authorized person)
11
Repeal the definition.
12
60 Subsection 5(1)
13
Insert:
14
unauthorised person means a person not authorised by this Act or
15
the regulations, or by the Minister or a quarantine officer, to do the
16
act in relation to which the expression is used.
17
61 Subsection 5(1) (definition of Unauthorized person)
18
Repeal the definition.
19
62 Subsection 9A(1A)
20
Omit "authorized", substitute "authorised".
21
63 Subsection 9A(1A)
22
Omit "authorize", substitute "authorise".
23
64 Subsection 9A(3)
24
Omit "authorized", substitute "authorised".
25
65 Subsections 13(1A), (1B), (1C) and (2)
26
Omit "authorize", substitute "authorise".
27
Technical amendments Schedule 6
Agriculture, Fisheries and Forestry Legislation Amendment Bill (No. 1) 2012 No. , 2012
17
66 Subsections 31(1) and (1A)
1
Omit "authorized", substitute "authorised".
2
67 Subsection 31(2)
3
Omit "authorize", substitute "authorise".
4
68 Subsection 39(1)
5
Omit "authorized", substitute "authorised".
6
69 Subsection 44(1)
7
Omit "unauthorized", substitute "unauthorised".
8
70 Subsections 44C(1), 44D(1), 53(1), 54(1), 70(3) and 70AA(4)
9
Omit "authorized", substitute "authorised".
10
71 Subsection 75A(1) (paragraph (e) of the definition of
11
approved person)
12
Omit "authorized", substitute "authorised".
13
72 Subsections 75A(5) and (15)
14
Omit "authorized", substitute "authorised".
15
73 Section 86C
16
Omit "authorized" (wherever occurring), substitute "authorised".
17
74 Application of items 58 to 73
18
The amendments made by items 58 to 73 of this Schedule do not apply
19
in relation to authorizations in force before the commencement of this
20
item (whether or not they cease to be in force before the commencement
21
of this item).
22
23
Schedule 7 References to specific Departments and Secretaries
18 Agriculture, Fisheries and Forestry Legislation Amendment Bill (No. 1) 2012 No.
, 2012
Schedule 7--References to specific
1
Departments and Secretaries
2
3
Farm Household Support Act 1992
4
1 Subsection 3(2) (definition of Department)
5
Repeal the definition.
6
2 Subsection 3(2) (definition of Secretary)
7
Repeal the definition, substitute:
8
Secretary means the Secretary of the Department.
9
3 Subsection 4(1)
10
Omit "relevant Secretary, provided to the Secretary of the Department
11
of Social Security", substitute "Secretary, provided to the Secretary".
12
4 Subsection 4(4) (definition of relevant Secretary)
13
Repeal the definition.
14
5 Paragraph 15(b)
15
Repeal the paragraph, substitute:
16
(b) be in accordance with a form approved in writing by the
17
Secretary.
18
6 Subsection 53(1)
19
Repeal the subsection.
20
7 Subsection 53(2)
21
Omit "Secretary of the Department of Primary Industries and Energy",
22
substitute "Secretary".
23
8 Subsection 53(2)
24
Omit "that Department", substitute "the Department".
25
9 Subsection 57A(2)
26
References to specific Departments and Secretaries Schedule 7
Agriculture, Fisheries and Forestry Legislation Amendment Bill (No. 1) 2012 No. , 2012
19
Omit "Secretary of the Department of Primary Industries and Energy",
1
substitute "Secretary".
2
10 Transitional--amendments do not affect things done
3
Things done under amended provisions
4
(1)
Subitem (2) applies to a thing done under a provision of the Farm
5
Household Support Act 1992 if:
6
(a) the provision is amended by an item of this Schedule; and
7
(b) the thing was in force immediately before the
8
commencement of that item.
9
(2)
The thing has effect, after the commencement of that item, as if it had
10
been done under that provision as amended by that item. However, this
11
is not taken to change the time at which the thing was actually done.
12
Amendments do not affect requirements for things done
13
(3)
Subitem (4) applies to a thing done under the Farm Household Support
14
Act 1992 if:
15
(a) the thing was in force, and complied with a requirement of
16
that Act, immediately before the commencement of an item
17
of this Schedule; and
18
(b) immediately after the commencement of that item, the thing
19
fails to comply with that requirement solely because of the
20
amendments of that Act made by that item.
21
(4)
Disregard those amendments when considering, on and after the
22
commencement of that item, whether the thing complies with that
23
requirement.
24
Meaning of things done
25
(5)
In this item, doing a thing includes:
26
(a) making an instrument; and
27
(b) making a decision.
28
11 Regulations may deal with transitional etc. matters
29
The Governor-General may make regulations dealing with matters of a
30
transitional, saving or application nature relating to the amendments or
31
repeals made by this Schedule.
32
Schedule 8 Repeal of Act
20 Agriculture, Fisheries and Forestry Legislation Amendment Bill (No. 1) 2012 No.
, 2012
Schedule 8--Repeal of Act
1
2
States Grants (War Service Land Settlement) Act 1952
3
1 The whole of the Act
4
Repeal the Act.
5