Bills Digest No. 80 1997-98
Australian Meat and Live-stock Industry (Repeals and Consequential Provisions)
Bill 1997
WARNING:
This Digest was prepared for debate. It reflects the legislation as introduced
and does not canvass subsequent amendments. This Digest does not have any
official legal status. Other sources should be consulted to determine the
subsequent official status of the Bill.
CONTENTS
Australian Meat and Live-stock Industry (Repeals and Consequential
Provisions) Bill 1997
Date Introduced: 1 October 1997
House: House of Representatives
Portfolio: Primary Industries and Energy
Commencement: As specified in the 'Main Provisions' section of
this Digest.
This Bill forms part of a package of 17 Bills restructuring the regulatory
framework of the Australian meat and live-stock industry. The major provisions
of this Bill:
- transfer power to administer the meat and live-stock quota system
from the Australian Meat and Live-stock Corporation (AMLC) to the Secretary
of the Department of Primary Industries and Energy;
- remove power from the AMLC with respect to the control of meat and
live-stock exports and quotas;
- repeal the Cattle Export Charges Act 1990, Cattle Transaction
Levy Act 1995, Live-stock Export Charge Act 1977, Live-stock
Slaughter Levy Act 1964, Meat and Live-stock Industry Act 1995,
Meat and Live-stock Industry Legislation Repeal Act 1995, National
Residue Survey (Cattle Export) Levy Act 1995 and National Residue
Survey (Cattle Transactions) Levy Act 1995;
- provide for the transfer of the assets and liabilities of the Meat
Industry Council (MIC), AMLC and Meat Research Corporation (MRC) to
the Commonwealth; and
- provide the Minister with power to determine that a specified asset
(other than money) or liability of the MIC, AMLC or MRC which has been
transferred to the Commonwealth be an asset or liability of a prescribed
industry body or other person.
The reader is referred to the Digest for the Australian Meat and Live-stock
Industry Bill 1997.
Amendment of the Australian Meat and Live-stock (Quotas) Act 1990
Item 2 of Schedule 1 of the Bill omits AMLC (Australian Meat
and Live-stock Corporation) wherever it occurs in section 4 of the
Australian Meat and Live-stock (Quotas) Act 1990 and substitutes reference
to the Secretary (ie. the Secretary of the Department of Primary Industries
and Energy). Effectively, this amendment in conjunction with items
3-5, 7-8 and 10 transfers power to administer the meat and live-stock
export quota system from the AMLC to the Secretary.
Note: Section 4 of the Australian Meat and Live-stock (Quotas)
Act 1990 sets out the objects of the Act, and currently provides
that the objects are:
... to enable AMLC to establish systems of quotas to protect the orderly
export of goods:
(a) where restrictions on exports of meat or particular classes of
meat to particular countries are imposed, or in the opinion of AMLC
will be imposed, either by Australia or the countries concerned; or
(b) where, in relation to live sheep and lambs, AMLC otherwise considers
it in the best interest of the industry to do so.
Item 3 of Schedule 1 of the Bill omits reference to the AMLC
in subsection 5(1) of the Australian Meat and Live-stock (Quotas) Act
1990 and substitutes reference to the Secretary. Effectively, this
amendment in conjunction with items 2, 4-5, 7-8 and 10 transfers
power to administer the meat and live-stock export quota system from the
AMLC to the Secretary.
Note: Subsection 5(1) of the Australian Meat and Live-stock
(Quotas) Act 1990 currently provides:
(1) AMLC may, by notices in writing given to licensees, impose a limitation
on the total quantity of goods, or a specified class of goods, that
may be exported to a specified country.
Item 4 of Schedule 1 of the Bill omits reference to the AMLC
in subsection 6(1) of the Australian Meat and Live-stock (Quotas) Act
1990 and substitutes reference to the Secretary. Effectively, this
amendment in conjunction with items 2-3, 5, 7-8 and 10 will transfer
power to administer the meat and live-stock export quota system from the
AMLC to the Secretary.
Note: Subsection 6(1) of the Australian Meat and Live-stock
(Quotas) Act 1990 currently provides the AMLC with power to grant
quotas.
Item 5 of Schedule 1 of the Bill substitutes a new subsection
6(2) in the Australian Meat and Live-stock (Quotas) Act 1990 which
provides that the Secretary may grant a quota by allocating it to a licensee
on application and on payment of the prescribed fee, or by selling the
quota to a licensee by auction, sale by tender or private sale. Effectively,
this amendment in conjunction with items 2-4, 7-8 and 10 will transfer
power to administer the meat and live-stock export quota system from the
AMLC to the Secretary.
Note: Subsection 6(2) of the Australian Meat and Live-stock
(Quotas) Act 1990 currently provides that the AMLC may grant a quota
by allocation free of charge, or by auction, sale by tender or private
sale.
The effect of items 7 and 8 of Schedule 1 of the Bill is to provide
that the Secretary, rather than the AMLC as is currently the law, is not
obliged to sell or allocate a quota of a particular amount or kind, or
to a particular person if satisfied it is not in the best interests of
the industry to do so. Effectively, this amendment in conjunction with
items 2-5 and 10 will transfer power to administer the meat and
live-stock export quota system from the AMLC to the Secretary.
Item 10 of Schedule 1 of the Bill substitutes a new section 8A
in the Australian Meat and Live-stock (Quotas) Act 1990 which provides
the Secretary with power to delegate all or any of his/her powers under
the Act to a departmental officer. Effectively, this amendment in conjunction
with items 2-5 and 7-8 will transfer power to administer the meat
and live-stock export quota system from the AMLC to the Secretary
Note: Section 8A of the Australian Meat and Live-stock (Quotas)
Act 1990 currently provides the AMLC with power to delegate all
or any of its powers to a member.
Commencement: The above provisions commence on the same
day as Part 2 of the proposed Australian Meat and Live-stock Industry
Act 1997, that is, on Proclamation or nine months and one day after
Royal Assent, whichever is first.
Amendment of the Meat and Live-stock Industry Act 1995
Item 1 of Schedule 2 of the Bill omits the terms 'and control'
from paragraph 51(1)(a) of the Meat and Live-stock Industry Act 1995.
The effect of this amendment is to remove from the objectives of the AMLC
the control of the export of meat and live-stock.
Note: Subsection 51(1) of the Meat and Live-stock Industry
Act 1995 currently sets out the objectives of the AMLC. The objectives
include:
(a) to promote and control, and to protect and further the interests
of the industry in relation to, the export of meat and live-stock from
Australia;
(b) to promote and control, and to protect and further the interests
of the industry in relation to, the sale and distribution, after export,
of Australian meat and live-stock;
(c) to promote, and to protect and further the interests of the industry
in relation to, trade and commerce in meat and live-stock among the
States, between States and Territories and within the Territories; and
(d) to improve the production of meat and live-stock, and encourage
consumption of meat, in the Territories.
Items 2-13 of Schedule 2 of the Bill repeal definitions in section
52 of the Meat and Live-stock Industry Act 1995 relating to the
AMLC's export licensing powers.
Item 14 of Schedule 2 of the Bill omits the term 'promote and
control' and substitutes the term 'promote' in paragraph 54(c) of the
Meat and Live-stock Industry Act 1997. The effect of the amendment
is to remove control of the export of meat and live-stock from the functions
of the AMLC.
Note: Section 54 of the Meat and Live-stock Industry Act
1995 sets out the functions of the AMLC, which are:
(a) to improve the production of meat and live-stock in Australia;
and
(b) to encourage and promote the consumption and sale in Australian
meat, and the sale of Australian live-stock, both in Australia and overseas;
and
(c) to encourage, help, promote and control the export of meat and
live-stock from Australia; and
(d) to make recommendations to the Minister with respect to the making
of regulations for the purposes of Subdivision B and subsections 155(2)
and 157(4); and
(e) any other functions, in connection with meat and live-stock, that
are conferred on AMLC by this Part.
Item 16 of Schedule 2 of the Bill repeals subdivisions B and
C of Division 2 of Part 3 of the Meat and Live-stock Industry Act 1995.
These subdivisions relate to AMLC control of meat and live-stock exports
and quotas.
Note: Power with respect to the control of meat and live-stock
exports and quotas is being accorded to the Secretary under Part 2 of
the Australian Meat and Live-stock Industry Bill 1997. The reader is
referred to clauses 10-33 of the Digest for that Bill.
Item 17 of Schedule 2 of the Bill repeals Division 7 of Part
3 of the Meat and Live-stock Industry Act 1995. This division contains
enforcement provisions relating to licensing conditions and requirements.
Note: Largely identical enforcement provisions replacing those
contained in Division 7 of Part 3 of the Meat and Live-stock Industry
Act 1995 are proposed by clauses 34-57 of the Australian Meat and
Live-stock Industry Bill 1997.
Commencement: The above provisions commence on the same
day as Part 2 of the proposed Australian Meat and Live-stock Industry
Act 1997, that is, on Proclamation or nine months and one day after
Royal Assent, whichever is first. However, this commencement date will
not apply to the above provisions if Parts 2 and 3 of the proposed Australian
Meat and Live-stock Industry Act 1997 commence at the same time. In
this situation the above amendments are taken to be repealed at the commencement
of Part 3 of the proposed Australian Meat and Live-stock Industry Act
1997.
Amendment of the Australian Animal Health Council (Live-stock
Industries) Funding Act 1996, National Cattle Disease Eradication
Trust Account Act 1991, National Residue Survey (Livestock Slaughter)
Levy Act 1992 and Primary Industries Levies and Charges Collection
Act 1991.
The amendments proposed by items 1-22 of Schedule 3 of
the Bill to the Australian Animal Health Council (Live-stock Industries)
Funding Act 1996, National Cattle Disease Eradication Trust Account
Act 1991, National Residue Survey (Livestock Slaughter) Levy Act 1992
and Primary Industries Levies and Charges Collection Act 1991 are
a consequence of the proposed levy and charge arrangements, particularly
as regards separate levy and charge arrangements for producers and processors.
Note: The proposed levy and charge arrangements are contained
in the Beef Production Levy Amendment Bill 1997, Buffalo Export Charge
Bill 1997, Buffalo Slaughter Levy Bill 1997, Cattle (Exporters) Export
Charge Bill 1997, Cattle (Producers) Export Charges Bill 1997, Cattle
Transactions Levy Bill 1997, Live-stock (Exporters) Export Charge Bill
1997, Live-stock (Producers) Export Charges Bill 1997, Live-stock Slaughter
(Processors) Levy Bill 1997, Live-stock Transactions Levy Bill 1997,
National Residue Survey (Buffalo Slaughter) Levy Bill 1997, National
Residue Survey (Cattle Export) Levy Bill 1997, National Residue Survey
(Cattle Transactions) Levy Bill 1997, National Residue Survey (Sheep,
Lambs and Goats Transactions) Levy Bill 1997, and National Residue Survey
(Sheep, Lambs and Goats Export) Levy Bill 1997.
Commencement: The above provisions commence on the same
day as Part 3 of the proposed Australian Meat and Live-stock Industry
Act 1997, that is, on Proclamation or nine months and one day after
Royal Assent, whichever is first.
Repeal of Acts
Item 1 of Schedule 4 of the Bill repeals the following Acts:
- Cattle Export Charges Act 1990;
- Cattle Transaction Levy Act 1995;
- Live-stock Export Charge Act 1977;
- Live-stock Slaughter Levy Act 1964;
- Meat and Live-stock Industry Act 1995;
- Meat and Live-stock Industry Legislation Repeal Act 1995;
- National Residue Survey (Cattle Export) Levy Act 1995;
- National Residue Survey (Cattle Transactions) Levy Act 1995.
Transitional, saving and consequential provisions relating to functions
of statutory authorities
Part 1 of Schedule 5 (items 1-3) of the Bill contains
transitional, saving and consequential provisions relating to the functions
of the Meat Industry Council (MIC), Australian Meat and Live-stock Corporation
(AMLC) and Meat Research Corporation (MRC).
Item 2 of Schedule 5 of the Bill makes it a function of the MIC,
AMLC and MRC to assist in relation to matters relating to the commencement
of Part 3 of the proposed Australian Meat and Live-stock Industry Act
1997. Part 3 of the proposed Act relates to industry marketing and
research bodies, and approved donors. Assistance to be given by the MIC,
AMLC and MRC includes:
- providing the Minister, at his/her request, with a report detailing
their assets;
- taking such actions as the Minister directs which would reasonably
enable the Minister to make properly informed decisions in relation
to their assets and liabilities; and
- reimbursing the Commonwealth for expenditure by the Commonwealth in
relation to matters arising out of the commencement of proposed Part
3 of the Australian Meat and Live-stock Industry Act 1997 and
such other payments as the Minister directs in relation to any such
matters.
Item 3 of Part 1 of Schedule 5 of the Bill repeals Part 1 of
Schedule 5 of the Bill on the day the Meat and Live-stock Industry
Act 1995 is repealed.
Commencement: The above provisions commence on Royal Assent.
Transitional and saving provisions relating to the control of meat
and live-stock exports
Item 5 of Part 2 of Schedule 5 of the Bill provides for an export
licence, order, direction, notice or other document granted, made, issued
or given by the AMLC under the control of export of meat and live-stock,
export quotas, or enforcement provisions of the Meat and Live-stock
Industry Act 1995, or the Australian Meat and Live-stock (Quotas)
Act 1990 in force before the commencement of Part 2 of the proposed
Australian Meat and Live-stock Industry Act 1997 or the Australian
Meat and Live-stock (Quotas) Act 1990 as amended by this Bill, to
continue to have effect.
Items 7-9 of Part 2 of Schedule 5 of the Bill
are saving provisions relating to warrants issued, appointments of nominees
of export licence holders, and appointments of analysts made under the
Meat and Live-stock Industry Act 1995.
Commencement: The above provisions commence on the same
day as Part 2 of the proposed Australian Meat and Live-stock Industry
Act 1997, that is, on Proclamation or nine months and one day after
Royal Assent, whichever is first.
Transfer of assets and liabilities of the Meat Industry Council,
Australian Meat and Live-stock Corporation and Meat Research Corporation
Item 11 of Part 3 of Schedule 5 provides for the transfer of
the assets and liabilities of the Meat Industry Council (MIC), Australian
Meat and Live-stock Corporation (AMLC) and Meat Research Corporation (MRC)
to the Commonwealth on the commencement of Part 3 of the proposed Australian
Meat and Live-stock Industry Act 1997. Money transferred to the Commonwealth
is to be paid into the Consolidated Revenue Fund. Under item 12 of
Part 3 of Schedule 5, the Minister or his/her delegate, is accorded
power to direct a specified amount be paid, from the Consolidated Revenue
Fund to a prescribed industry body or any other person identified in the
direction. Conditions relating to the use or expenditure of an amount
may be attached to a direction.
Item 13 of Part 3 of Schedule 5 of the Bill provides the Minister
or his/her delegate with power to determine that a specified asset (other
than money) or liability of the MIC, AMLC or MRC which has been transferred
to the Commonwealth becomes an asset or liability of a prescribed industry
body or other person. Conditions relating to the use or disposal of an
asset may be attached to a determination. In addition, item 13
provides the Minister or his/her delegate with power to sell a transferred
asset on behalf of the Commonwealth. Proceeds from such a sale must be
paid into the Consolidated Revenue Fund.
It is an offence punishable by a maximum fine of $12 000 for a prescribed
industry body or other person to whom an asset is transferred, or an amount
paid, and which subject to a condition to breach the condition either
intentionally or recklessly (item 14 of Part 3 of Schedule 5).
Note: It may be noted that items 12 and 13 provide for
payments and transfers of assets to prescribed industry bodies, or to
any other person. While payments and transfers to prescribed industry
bodies are subject to disallowance by Parliament (ie. a prescribed body
being disallowed), payments and transfers to 'any other person[s]' do
not appear to be. It may also be noted that under item 11 that
MIC, AMLC and MRC money vested in the Commonwealth must be paid into
the Consolidated Revenue Fund. The Bill does not compel the use of any
MIC, AMLC or MRC money for industry purposes.
Item 15 of Part 3 of Schedule 5 of the Bill provides that no
stamp duty is payable under State or Territory law in respect of an exempt
matter, or anything connected with an exempt matter. The term 'exempt
matter' is defined to mean an asset or liability ceasing to be an asset
or liability of the MIC, AMLC or MRC and becoming an asset or liability
of a prescribed industry body or other person. The Minister or his/her
delegate is accorded power to certify that a specified matter is an exempt
matter, or that a specified thing was done in connection with a specified
exempt matter.
Commencement: The above provisions commence on the same
day as Part 3 of the proposed Australian Meat and Live-stock Industry
Act 1997, that is, on Proclamation or nine months and one day
after Royal Assent, whichever is first.
Ian Ireland
4 November 1997
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ISSN 1328-8091
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Last updated: 11 November 1997
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