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
Primary Industries and Energy Legislation Amendment Bill
(No. 2) 1997
Date Introduced: 26 March 1997
House: House of Representatives
Portfolio: Primary Industries and Energy
Commencement: As specified in the 'Main
Provisions' section of this Digest
This is an omnibus Bill which amends legislation within the
Primary Industries and Energy portfolio. The major amendments
proposed by the Bill:
- provide a mechanism by which drought relief payment paid to a
person who was not entitled to receive it, or where a person has
received an overpayment, is recoverable;
- provides an additional exception from the provisions of the
Imported Food Control Act 1992, that is, food imported
from New Zealand which is specified by the regulations as food to
which the Act does not apply; and
- extend the proclamation making power of the Governor-General
under the Quarantine Act 1908.
As there is no central theme to the Bill a brief background to
each major amendment proposed by the Bill is outlined in the 'Main
Provisions' section of this Digest.
Amendments to the Australian Horticultural Corporation Act
1987
Section 13 of the Australian Horticultural Corporation Act
1987 provides that membership of the Australian Horticultural
Corporation (the AHC) consists of the Chairperson, government
member, Managing Director, and six other members. Item 1 of
Schedule 1 of the Bill reduces the number of 'other
members' on the AHC from six to four. The rationale given by the
Government in the Second Reading Speech to the Bill for this
reduction is that:
The AHC has requested that the number of "other members" be
reduced to four and the horticultural industries participating in
the AHC by way of statutory levy have supported the AHC's
request.
Item 2 of Schedule 1, which is consequential to
the amendment proposed by item 1, reduces the number of members
required to constitute a quorum at AHC meetings from five to
four.
The amendments to the Australian Horticultural Corporation
Act 1987 commence on 1 August 1997 (clause 2).
Amendments to the Farm Household Support Act 1992 and
Social Security Act 1991
Under section 56 of the Farm Household Support Act 1992
amounts of farm household support or drought relief payment paid to
a person who was not entitled to receive such a benefit, or where
there has been an overpayment of a benefit, are recoverable as a
debt due to the Commonwealth. The Act however does not specify how
such amounts may be recovered.
The amendments proposed by Schedules 3 and 9 of
the Bill provide a mechanism by which drought relief payment paid
to a person who was not entitled to receive it, or where a person
has received an overpayment, is recoverable. Item 1 of
Schedule 9 of the Bill inserts a new section 1227A in the
Social Security Act 1991. The proposed section provides
that a section 56 Farm Household Support Act 1992 debt is
a debt recoverable under the Social Security Act 1991. The
debt may be recovered by means of:
- deductions from the debtor's drought relief payment;
- deductions from the debtor's social security payment;
- deductions from another person's social security payment, where
they consent;
- legal proceedings; or
- garnishee notice.
A new section 1231A is inserted in the Social Security Act
1991 by item 6 of Schedule 9 of the Bill
which specifies the method by which a section 56 Farm Household
Support Act 1992 debt is to be deducted from a person's
drought relief payment. Basically the method provides for repayment
by instalments. The Secretary of the Department of Social Security
determines the amount of each instalment. A claim for recovery of a
debt must be started by the Department of Primary Industries and
Energy within six years of the debt arising.
The amendments to the Farm Household Support Act 1992
and the Social Security Act 1991 commence on 1 October
1997 (clause 2).
Amendment to the Imported Food Control Act 1992
The Commonwealth has the direct capacity to control exports and
imports of food, and the Commerce (Trade Descriptions) Act
1905, the Imported Food Control Act 1992, and the
Export Control Act 1982 all contain provisions for
prohibiting the import or export of food which fail to meet
applicable standards, contain possibly misleading or false trade
descriptions, or fail to show the country of origin of the goods.
The legislation applies to a wide variety of goods, in some cases
applying to classes of specific goods by virtue of regulations made
under these acts.
Section 7 of the Imported Food Control Act 1992
provides that the Act applies to all food imported into Australia
other than:
- prohibited food;
- food imported for private consumption; or
- food in ship's or aircraft's stores.
Item 1 of Schedule 4 of the Bill provides an
additional exception from the provisions of the Imported Food
Control Act 1992, that is, food imported from New Zealand
which is specified by the regulations as food to which the Act does
not apply. The rationale given by the government in the Second
Reading Speech for the amendment is that it:
[W]ill enable Australia to legally meet obligations under the
Trans-Tasman Mutual Recognition Agreement (TTMRA) where food safety
and food standards are considered equivalent.
The amendment to the Imported Food Control Act 1992
commences on a day to be fixed by Proclamation. However, if it has
not been proclaimed to commence within six months after the date of
Royal Assent, it commences on the first day after that period
(clause 2).
Amendments to the Quarantine Act 1908
The term "goods" is defined by the Quarantine Act 1908
to include animals and plants and any other kind of movable
property. The effect of the amendment proposed by item 2 of
Schedule 7 is to extend the definition, and hence the
scope of the Act, to include mail of any kind.
Section 13 of the Quarantine Act 1908 provides the
Governor-General with power (in practice, the Minister) to make
certain proclamation. Such proclamations are not subject to
disallowance by the Parliament. Paragraph 13(1)(e) currently
provides that the Governor-General may by proclamation prohibit the
importation into Australia, or the Cocos Islands, of any articles
likely, in his/her opinion, to introduce any infectious or
contagious disease, or disease or pest affecting persons, animals
or plants. The effect of the amendment proposed by item 3
of Schedule 7 is to extend the Governor-General's
proclamation making power under paragraph 13(1)(e) to prohibiting
the importation of any articles likely to introduce, "establish or
spread" any infectious or contagious disease, or disease or pest
affecting persons, animals or plants.
A new subsection 13(2A) is substituted in the Quarantine Act
1908 by item 4 of Schedule 7 of the Bill.
Currently subsection 13(2A) provides that a proclamation of the
Governor-General under subsection 13(1) prohibiting the
introduction of anything may provide that importation is prohibited
without a permit. The effect of the amendment is to include
'removal of the thing' in the matters that may be prohibited
without a permit.
Permits issued pursuant to a proclamation may be subject to
conditions either before or after importation of the thing under
subsection 13(2A). The effect of the amendment proposed by
item 6 of Schedule 7 is to provide that permits
issued pursuant to a proclamation may be subject to conditions
either before or after 'removal' of the thing under proposed
subsection 13(2A).
Where a permit has been issued under a section 13 proclamation
item 7 of Schedule 7 of the Bill provides the
Director of Quarantine with power to revoke the permit where he/she
is satisfied:
- the risk of the introduction, establishment or spread of
diseases or pests attaching to the importation or removal of the
thing or class of things has changed; or
- the person to whom the permit was granted has breached a
condition of the permit.
A new section 63A, dealing with the maintenance of animals in
quarantine, is inserted in the Quarantine Act 1908 by
item 11 of Schedule 7 of the Bill. Proposed
section 63A provides that the owner of an animal held, or to be
held, in quarantine may enter into an agreement with the
Commonwealth to provide food for the animal.
The amendments proposed by items 9 and 12
of Schedule 7 of the Bill deal with the topical
subject of the control of ship-born diseases. Basically, the
amendments consolidate existing provisions, increase penalties and
provide quarantine officers with more flexible order making powers.
Under proposed section 78A, where a quarantine officer believes a
vessel or installation is likely to be in an insanitary condition,
or is likely to be carrying diseases or pests, he/she may require a
specified process to be carried out on the vessel or installation.
The process that may be specified include cleansing, disinfection,
fumigation, or production of a sample of, or exchange or other
treatment of, ballast water. It is an offence, punishable by a
maximum fine of 500 penalty units ($50 000) for an individual ($250
000 for a corporation) to fail to comply with a quarantine officers
order under this proposed section.
Note: The Government has recently announced a
number of initiatives relating to ballast water management. As part
of the Government's 'Oceans Policy', the Minister for Resources and
Energy, Senator Parer, announced that the Government would provide
$1 million for research in 1997-98 through the Strategic Ballast
Water Research Program and that the shipping industry has agreed to
the introduction of a levy on shipping over two years to raise a
further $2 million to continue research to the year 2000 (Minister
for Resources and Energy, Media Release, 3 March
1997).
A new section 86F is inserted in the Quarantine Act
1908 by item 14 of Schedule 7 of the Bill
which provides for the Commonwealth to pay compensation where the
operation of the Act results in an acquisition of property.
The amendments to the Quarantine Act 1908 commence on a
day to be fixed by Proclamation. However, if they have not been
proclaimed to commence within six months after the date of Royal
Assent, it commences on the first day after that period (clause
2).
Ian Ireland
12 June 1997
Bills Digest Service
Information and Research Services
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.
IRS staff are available to discuss the paper's contents
with Senators and Members and their staff but not with members of
the public.
ISSN 1328-8091
© Commonwealth of Australia 1997
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Published by the Department of the Parliamentary Library,
1997.
This page was prepared by the Parliamentary Library,
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Last updated: 12 June 1997
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