- Agriculture, Fisheries and ForestryLegislation Amendment Act (No. 2) 1999
- No. 170, 1999
- Contents
- Schedule 1—Plant Breeder’s Rights Act 1994
- Schedule 2—Primary Industries Levies and Charges CollectionAct 1991
- Schedule 3—Technical amendments
- Schedule 4—Natural Resources Management (FinancialAssistance) Act 1992
- Schedule 5—Primary Industry Councils Act 1991
- Schedule 6—Rural Adjustment Act 1992
- Schedule 7—Australian Wine and Brandy Corporation Act1980
- The Parliament of Australia enacts
- Schedule 1—Plant Breeder’s Rights Act 1994
- Schedule 2—Primary Industries Levies andCharges Collection Act 1991
- Schedule 3—Technical amendments
- Schedule 4—Natural Resources Management(Financial Assistance) Act 1992
- Schedule 5—Primary Industry Councils Act1991
- Schedule 6—Rural Adjustment Act 1992
- Schedule 7—Australian Wine and BrandyCorporation Act 1980
- 1 Subsection 4(1) (at the end of the definition of wine)
- 2 Paragraph 5D(a)
- 3 Section 39C (at the end of the definition of examinabledocument)
- 4 Section 39C (definition of wine)
- 5 Section 39C (definition of wine premises)
- 6 Paragraph 39G(2)(c)
- 7 Paragraph 39H(2)(c)
- 8 Paragraph 39J(2)(c)
- 9 Paragraph 39K(2)(c)
- 10 Paragraph 39M(2)(e)
- 11 Paragraph 39N(3)(c)
- 12 Paragraph 39P(2)(c)
- 13 Paragraph 39Q(2)(c)
- 14 Paragraph 39R(3)(e)
- 15 At the end of section 39W
- 16 Application of amendments
- 17 At the end of section 39ZAAA
- 18 Section 39ZK
- 19 Subsection 39ZL(2)
- 20 At the end of Part VIB
- Division 6—Inspection
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”.
No. 170, 1999 Agriculture, Fisheries and Forestry Legislation Amendment Act (No. 2) 1999
No. 170, 1999
Contents
Agriculture, Fisheries and Forestry Legislation Amendment Act (No. 2) 1999
No. 170, 1999
The Parliament of Australia enacts:
1 Short title
2 Commencement
3 Schedule(s)
Schedule 1—Plant Breeder’s Rights Act 1994
Schedule 2—Primary Industries Levies and Charges Collection Act 1991
proprietor means: