WARNING:
This Digest is prepared for debate. It reflects the legislation as
introduced and does not canvass subsequent amendments.
This Digest was available from 14 August 1996.
CONTENTS
Primary Industries and Energy Legislation Amendment Bill
(No. 2) 1996
Date Introduced: 27 June 1996
House: House of Representatives
Portfolio: Primary Industries and Energy
Commencement: The amendments outlined in this
Digest commence on Royal Assent
The major amendments proposed by this omnibus Bill:
- provide the National Registration Authority for Agricultural
and Veterinary Chemicals with power to charge a prescribed fee for
a certificate of export of chemical products;
- limit the life of a drought exceptional circumstances
certificate to the period specified in the certificate;
- provide for the payment of just compensation where there is an
acquisition under the Fisheries Management Act 1991; and
- allow the making of regulations that enable a person who is
alleged to have breached the Quarantine Act 1908, or the
regulations, to pay as an alternative to prosecution, a maximum of
ten penalty units.
As there is no central theme to the Bill, a brief background to
each major amendment is set out below.
Amendments to the Agricultural and Veterinary
Chemicals (Administration) Act 1992
Item 14 of Schedule 2 of the Bill provides the
National Registration Authority for Agricultural and Veterinary
Chemicals (NRA) with power to charge a prescribed fee for an export
certificate.
Item 15 of Schedule 2 of the Bill, dealing with
NRA refusal to grant a export certificate and rights of review,
inserts new subsections 69D(1A)-69D(1D) in the
Agricultural and Veterinary Chemicals (Administration) Act
1992. The proposed subsections require the NRA, where it
refuses to grant an export certificate, to give written notice of
the refusal to the applicant and brief reasons for the refusal. An
application may be made to the Administrative Appeals Tribunal for
a review of a refusal decision. The refusal notice must include a
statement that an application may be made by or on behalf of a
person whose interests are affected by the decision to the
Administrative Appeals Tribunal.
Note: Section 69D of the Agricultural and Veterinary
Chemicals (Administration) Act 1992 provides that, on written
application of a person wanting to export a chemical product, the
National Registration Authority for Agricultural and Veterinary
Chemicals (NRA) may give them, or the government/authority of the
country named by the person in their application, a certificate
setting out any NRA findings relating to the chemical product that
are required for its export. The NRA may of its own initiative tell
a body in a foreign country with functions similar to its own of
certain matters relating to a chemical product which is proposed to
be exported to that country, including that:
- the product has had its registration refused;
- the product has had its registration suspended or cancelled;
or
- the registration of the product is subject to conditions
significantly limiting its use.
The amendments proposed by items 14 and 15 of this Bill are
identical to those proposed by items 13 and 14 of the Primary
Industries and Energy Legislation Amendment Bill (No. 3) 1995. That
will lapsed with the dissolution of Parliament for the 1996
election.
Item 16 of Schedule 2 of the Bill inserts a new
subsection 69E(3) in the Agricultural and Veterinary Chemicals
(Administration) Act 1992 which requires the NRA to provide
the Department with an annual statement/s setting out the total
amounts of each active constituent imported into, manufactured in,
or exported from, Australia by all persons during the year.
Note: It is an offence under section 69E of the
Agricultural and Veterinary Chemicals (Administration) Act
1992 for a person who imports into, manufactures in, or
exports from, Australia active constituents for proposed or
existing chemical products, or chemical products, to not give the
NRA an annual return setting ut the amounts of the active
constituents, or the active constituents, contained in the
products, that were imported, manufactured or exported.
The amendment proposed by item 16 of Schedule 2 of this Bill is
identical to an amendment proposed by item 15 of the Primary
Industries and Energy Legislation Amendment Bill (No. 3) 1995. That
Bill lapsed with the dissolution of Parliament for the 1996 general
election.
Amendment of the Fisheries Management Act
1991
A new section 167A is inserted in the
Fisheries Management Act 1991 by item 1 of
Schedule 4 of the Bill providing that if the operation of
the Act would result in an acquisition of property within the
meaning of section 51(xxxi) of the Constitution, reasonable
compensation or such compensation as is determined by the Federal
Court, is payable. Damages or compensation recovered or other
remedy given in another proceeding must be taken into account in
the assessment of compensation under this proposed section.
Note: Section 51 (xxxi) of the Constitution provides the
Parliament with power to make laws with respect to [T]he
acquisition of property on just terms from any State or person for
any purpose in respect of which the Parliament has power to make
laws.
The amendment proposed by item 1 of Schedule 4 of the Bill is
identical to an amendment proposed by item 1 of Schedule 3 of the
Primary Industries and Energy Legislation Amendment Bill (No. 3)
1995. That Bill lapsed with the dissolution of the Parliament for
the 1996 general election.
Amendment of the Farm Household Support Act
1992
The effect of the amendment to paragraph 8A(2)(b) of the
Farm Household Support Act 1992 (FHS Act) proposed by
item 1 of Schedule 5 of the Bill is to limit the
life of a drought exceptional circumstances certificate to a
"specified period".
Item 2 of Schedule 5 of the Bill inserts a new
subsection 8A(3) in the FHS Act which provides that a drought
exceptional circumstances certificate only has effect for the
period specified in it.
Note: The amendments to the FHS Act proposed by this Bill
relate to the drought relief payment (DRF). Under section 8A of the
FHS Act, to be eligible for DRF a person must, on or after 1
October 1994, be a farmer, at least 18 years of age, an Australian
resident and holder of a drought exceptional circumstances
certificate.
Such a certificate is defined to be one issued by a Rural
Adjustment Scheme (RAS) authority on or after 7 October 1994 under
a memorandum of understanding between the RAS authority and the
Secretary of the Department of Primary Industries and Energy which
relates to the farm enterprise of the person.
The amendments proposed by items 1 and 2 of Schedule 5 are
identical to those proposed by items 1 and 2 of Schedule 6 of the
Primary Industries and Energy Legislation Amendment Bill (No. 3)
1995. That Bill lapsed with the dissolution of Parliament for the
1996 general election.
Amendment of the Imported Food Control Act
1992
The effect of items 1 and 3 of Schedule 6 of
the Bill is to allow persons other than Australian Quarantine
Inspection Service officers to be appointed as authorised
officers.
Note: Section 40 of the Imported Food Control Act
1992 provides the Secretary of the Department of Primary
Industries and Energy with the power to appoint an officer of the
Australian Quarantine Inspection Service for the purposes of
exercising the powers of an authorised officer under the Act, or
such powers as ares specified in the instrument. Power of an
authorised officer under the Act include powers of inspection.
The amendments proposed by items 1 and 3 of Schedule 6 of the
Bill are identical to those proposed by items 1 and 3 of Schedule 7
of the Primary Industries and Energy Legislation Amendment Bill
(No. 3) 1995. That Bill lapsed with the dissolution of Parliament
for the 1996 general election.
Amendment of the Quarantine Act
1908
A new paragraph 87(1)(s) is inserted in the
Quarantine Act 1908 by item 1 of Schedule
7 which allows the making of regulations that enable a
person who is alleged to have breached the Act or the regulations
to pay, as an alternative to prosecution, a maximum of ten penalty
units.
Note: One penalty unit is equivalent to $100.
Ian Ireland Ph. 06 277 2438
13 August 1996
Bills Digest Service
Parliamentary Research Service
This Digest does not have any official legal status. Other
sources should be consulted to determine whether the Bill has been
enacted and, if so, whether the subsequent Act reflects further
amendments.
PRS staff are available to discuss the paper's contents
with Senators and Members and their staff but not with members of
the public.
ISSN 1323-9032
© Commonwealth of Australia 1996
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Published by the Department of the Parliamentary Library,
1996.
This page was prepared by the Parliamentary Library,
Commonwealth of Australia
Last updated: 9 August 1996
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