Bills Digest 148 1996-97
Primary Industries and Energy Legislation Amendment Bill (No. 2) 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
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, Commonwealth of
Australia
Last updated: 12 June 1997
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