Agriculture, Fisheries and Forestry Legislation Amendment Act (No. 2) 1999
An Act to amend the law relating to agriculture, fisheries and forestry, and for related purposes
1 Short title...........................................................................................1 2 Commencement.................................................................................1 3 Schedule(s)........................................................................................2
Schedule 1—Plant Breeder’s Rights Act 1994 3 Schedule 2—Primary Industries Levies and Charges Collection Act 1991 6 Schedule 3—Technical amendments 11 Australian Horticultural Corporation Act 1987 11 Farm Household Support Act 1992 11 Primary Industries and Energy Legislation Amendment Act (No. 1) 1996 11
Schedule 4—Natural Resources Management (Financial Assistance) Act 1992 12 Part 1—Change of name of Committee 12 Part 2—Amendments of references to “Committee” 14 Part 3—Transitional 15 Schedule 5—Primary Industry Councils Act 1991 16 Schedule 6—Rural Adjustment Act 1992 17 Schedule 7—Australian Wine and Brandy Corporation Act 1980 19
An Act to amend the law relating to agriculture, fisheries and forestry, and for related purposes
[Assented to 10 December 1999]
This Act may be cited as the Agriculture, Fisheries and Forestry Legislation Amendment Act (No. 2) 1999.
Subject to section 2, each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
1 Subsection 21(1)
Omit “7”, substitute “30”.
2 Subsection 21(3)
Omit “7”, substitute “30”.
3 After subsection 35(2)
Insert:
(2A) An objection is of no effect unless it is accompanied by the prescribed fee.
4 Paragraph 37(5)(c)
Repeal the paragraph, substitute:
(c) if it is conducted to deal with a request for revocation of PBR:
5 After subsection 37(5)
Insert:
6 Subsection 43(6)
After “breeder”, insert “, either”.
7 Transitional provision
(1) If:
subsection 43(6) of that Act; then, despite the terms of that subsection and subject to subitem (2), the Registrar may further consider that application as if the sales of that plant variety occurring after 9 November 1988 but more than 4 years before the application had not taken place.
(2) Subitem (1) does not apply in relation to an application referred to in that subitem unless the applicant in relation to that application, or any successor in title to that applicant, notifies the Registrar, in writing, to take action under this item in relation to that application within 6 months after the commencement of this item.
8 Subsection 50(5)
Omit “a plant variety (the initial variety) is essentially derived from another plant variety”, substitute “a plant variety is essentially derived from another plant variety (the initial variety)”.
9 After subsection 50(9)
Insert:
(9A) An application under subsection (8) or (9) is of no effect unless it is accompanied by the prescribed fee.
10 Subsection 61(2)
Repeal the subsection, substitute:
(2) In order to foster public access to the information contained in the Register, the Registrar may disseminate that information on the Internet or in such other manner as the Registrar considers most likely to enhance its accessibility.
11 Subparagraph 80(2)(a)(iv)
Omit “and”.
12 At the end of paragraph 80(2)(a)
Add: and, if the matter is not dealt with by another provision of this Act, specifying the time at which, or the circumstances in which, such fees are to be paid and the manner of payment of such fees; and
1 Subsection 4(1) (definition of buying agent)
After “business”, insert “(including the business of a settlement agent or a solicitor)”.
2 Subsection 4(1) (paragraphs (b) and (c) of the definition of examinable documents)
Repeal the paragraphs, substitute:
3 Subsection 4(1) (definition of leviable weight)
Repeal the definition.
4 Subsection 4(1) (at the end of paragraphs (da), (fa), (fb), (fc) and (ga) of the definition of producer)
Add “or”.
5 Subsection 4(1) (subparagraph (h)(ii) of the definition of producer)
Repeal the subparagraph.
6 Subsection 4(1) (subparagraph (h)(iii) of the definition of producer)
Omit “where neither subparagraph (i) nor (ii) apply”, substitute “in any other case”.
7 Subsection 4(1) (at the end of paragraphs (hb) and (ha) of the definition of producer)
Add “or”.
8 Subsection 4(1) (definition of proprietor)
Repeal the definition, substitute:
9 Subsection 4(1) (definition of selling agent)
After “business”, insert “(including the business of a settlement agent or a solicitor)”.
10 Paragraphs 7(1)(d), (2)(c), (3)(a) and (3A)(a)
Omit “that remains unpaid by the producer”.
11 After subsection 7(3A)
Insert:
(3B) An agreement between a producer and an intermediary that purports, expressly or implicitly, to require the producer to pay levy or charge as a condition for the provision of services by the intermediary is void to that extent, if the intermediary would otherwise have to pay an amount under this section in relation to that levy or charge.
12 Subsection 8(1)
Omit “the unpaid levy or charge on the products”, substitute “the amount in relation to levy or charge for which the intermediary is liable under that subsection”.
13 Subsection 8(2)
Repeal the subsection, substitute:
(2) When an intermediary deducts an amount under subsection (1) in respect of levy or charge:
14 Paragraph 15(3)(a)
Omit “collection goods”, substitute “prescribed goods”.
Note: The heading to section 15 is altered by omitting “non-payment” and substituting “late payment”.
15 Paragraph 15(3)(a)
Omit “prescribed product”, substitute “collection product”.
16 Paragraph 15(4)(a)
Omit “collection goods and”, substitute “prescribed goods or”.
17 Subsection 16(2)
Omit “$2,000”, substitute “$5,000”.
18 Subsection 19(1)
After “occupier”, insert “or person in charge”.
19 Paragraph 19(2)(b)
After “inspect,”, insert “examine,”.
20 After section 19
Insert:
A person must not obstruct or hinder an authorised person in the exercise of his or her power under section 19 if the authorised person is exercising the power in accordance with a warrant issued under section 20.
Penalty: 30 penalty units
If an authorised person enters any premises under section 19 in accordance with a warrant issued under section 20, the occupier or the person in charge must, if required to do so by the authorised person, provide reasonable assistance to the authorised person in the exercise of his or her power under that section in relation to such premises.
Penalty: 30 penalty units
21 Subsection 22(5)
Omit “occupier of the premises for the occupier’s inspection”, substitute “occupier or the person in charge of the premises for inspection”.
22 Subsection 24(1) (penalty)
Repeal the penalty, substitute:
Penalty: 60 penalty units.
23 At the end of section 24
Add:
(4) If a person is convicted of an offence under subsection (1):
24 After paragraph 30(2)(b)
Insert: (ba) requiring persons who produce prescribed goods or provide prescribed services, and any other persons prescribed in
relation to such goods or services, to make and keep accounts and other records in respect of such goods or services; and
25 After paragraph 30(2)(c)
Insert: (ca) requiring persons who produce prescribed goods or provide prescribed services, and any other persons prescribed in relation to such goods or services, to give returns or information for the purposes of this Act; and
26 Paragraph 30(2)(d)
Repeal the paragraph, substitute:
(d) establishing offences, punishable on conviction by a fine not exceeding 10 penalty units, for a failure to comply with requirements of the regulations.
27 Saving provision
If, under regulations made for the purposes of section 30 of the Primary Industries Levies and Charges Collection Act 1991 as in force immediately before the commencement of this item, it is an offence to contravene any particular provision of the regulations, then, despite the repeal and substitution of paragraph 30(2)(d) of that Act by item 26:
Note: The heading to section 38 is altered by omitting “Tribunals” and substituting “Tribunal”.
1 Section 29A (note before note 2)
Repeal the note, substitute:
Note 1: For the person’s rate, see section 24A.
2 Item 2 of Schedule 7 (heading)
Repeal the heading, substitute:
2 At the end of Part 10
Note: This item, together with item 3, corrects a misdescribed amendment of the Australian Wool Research and Promotion Organisation Act 1993.
3 Item 2 of Schedule 7
Omit “Repeal the section, substitute:”, substitute “Add:”.
Note: This item, together with item 2, corrects a misdescribed amendment of the Australian Wool Research and Promotion Organisation Act 1993.
Schedule 4—Natural Resources Management
1 Title
Omit “a National Landcare Advisory Committee”, substitute “an
2 Subsection 4(1) (definition of Committee)
Repeal the definition.
3 Subsection 4(1)
Insert:
Council means the Australian Landcare Council established by section 13.
4 Part 4 (heading)
Repeal the heading, substitute:
5 Division 1 of Part 4 (heading)
Repeal the heading, substitute:
Division 1—The Council
6 Subsection 13(1)
Omit “a National Landcare Advisory Committee”, substitute “an Australian Landcare Council”.
Note: The heading to section 13 is replaced by the heading “Australian Landcare Council”.
7 Division 2 of Part 4 (heading)
Repeal the heading, substitute:
Division 2—Meetings of the Council
8 Subsection 27(3)
Repeal the subsection.
Part 2—Amendments of references to “Committee” 9 Multiple amendments
The provisions of the Natural Resources Management (Financial Assistance) Act 1992 specified in this Part are amended by omitting “Committee” (wherever occurring) and substituting “Council”.
10 Subsection 4(1) (definition of Chairperson) 11 Subsection 4(1) (definition of member) 12 Paragraph 11(5)(b) 13 Subsection 13(2) 14 Subsection 14(1)
Note: The heading to section 14 is altered by omitting “Committee” and substituting “Council”.
15 Subsection 14(7) 16 Subsection 15(1) 17 Subsection 19(1) 18 Paragraph 20(3)(a) 19 Subsection 20(4) 20 Subsection 23(1) 21 Subsection 23(2) 22 Subsection 23(3) 23 Subsection 27(1)
Note: The heading to section 27 is altered by omitting “Committee” and substituting “Council”.
Part 3—Transitional
24 Transitional—continuity of membership etc. not affected by amendments
The amendments made by this Schedule do not affect:
1 Part 1 of the Schedule
Repeal the Part, substitute: Note: At present, there are no industry councils established by this Act.
1 Section 4 (definition of Council)
Repeal the definition, substitute:
Council means the National Rural Advisory Council.
2 Part 2 (heading)
Repeal the heading, substitute:
Part 2—The National Rural Advisory Council
3 Section 5
Omit “Rural Adjustment Scheme”, substitute “National Rural”.
4 Subsection 6(4)
Omit “functions”, substitute “function”.
5 Section 8
Repeal the section, substitute:
8 Function of the Council
The function of the Council is to give the Minister such advice and information as the Minister requests about the following matters:
6 Section 9
Omit “functions”, substitute “function”.
7 Transitional—continuity of Council not affected by amendments
The amendments made by this Schedule do not affect the continuity, after this Schedule commences, of the existence and the membership of the body that is renamed by those amendments as the National Rural Advisory Council.
Schedule 7—Australian Wine and Brandy Corporation Act 1980
1 Subsection 4(1) (at the end of the definition of wine)
Add “, and includes a grape product declared by the regulations to be wine for the purposes of this Act”.
2 Paragraph 5D(a)
After “wine is made”, insert “from grapes grown”.
3 Section 39C (at the end of the definition of examinable document)
Add: ; or (d) any other document that is relevant to monitoring or enforcing compliance with a label law.
4 Section 39C (definition of wine)
Repeal the definition.
5 Section 39C (definition of wine premises)
Repeal the definition, substitute:
wine premises means any premises, place or conveyance where it is reasonable to assume that wine goods or examinable documents are or might be located.
6 Paragraph 39G(2)(c)
After “characteristics”, insert “and other details”.
7 Paragraph 39H(2)(c)
After “characteristics”, insert “and other details”.
8 Paragraph 39J(2)(c)
After “characteristics”, insert “and other details”.
9 Paragraph 39K(2)(c)
After “characteristics”, insert “and other details”.
10 Paragraph 39M(2)(e)
After “characteristics”, insert “and other details”.
11 Paragraph 39N(3)(c)
After “characteristics”, insert “and other details”.
12 Paragraph 39P(2)(c)
After “characteristics”, insert “and other details”.
13 Paragraph 39Q(2)(c)
After “characteristics”, insert “and other details”.
14 Paragraph 39R(3)(e)
After “characteristics”, insert “and other details”.
15 At the end of section 39W
Add:
16 Application of amendments
The amendments made by items 6 to 15 apply to wines and grape extracts that are begun to be manufactured after the commencement of this item.
17 At the end of section 39ZAAA
Add:
(2) In proceedings for an offence against this section, if the prosecution:
committed an offence against this section; the prosecution does not have to prove whether the wine was a single wine or a blend in order to prove the offence.
18 Section 39ZK
Omit “section 39ZH”, substitute “section 39ZJ”.
19 Subsection 39ZL(2)
Omit “subsection (1)”, substitute “subsection (1A)”.
20 At the end of Part VIB
Add:
Division 6—Inspection
40ZF Inspection powers
The provisions of Part VIA relating to inspections, including Division 4 of that Part, apply in relation to this Part in the same way as they apply in relation to Part VIA, with the following modifications:
21 At the end of section 44
Add:
(2) The provisions of Part VIA relating to inspections, including Division 4 of that Part, apply in relation to this section in the same way as they apply in relation to that Part, with the following modifications:
[Minister’s second reading speech made in— House of Representatives on 30 June 1999 Senate on 24 August 1999]
(151/99)