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
Bills Digest Service
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ISSN 1328-8091
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