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This is a Bill, not an Act. For current law, see the Acts databases.
2022
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Animal Health Australia and Plant
Health Australia Funding Legislation
Amendment Bill 2022
No. , 2022
(Agriculture, Fisheries and Forestry)
A Bill for an Act to amend the law relating to the
funding of Australian Animal Health Council
Limited and Plant Health Australia Limited, and
for related purposes
No. , 2022
Animal Health Australia and Plant Health Australia Funding
Legislation Amendment Bill 2022
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Australian Animal Health Council (Live-stock Industries) Funding Act
1996
3
Horticulture Marketing and Research and Development Services Act
2000
4
Plant Health Australia (Plant Industries) Funding Act 2002
4
Primary Industries Research and Development Act 1989
8
No. , 2022
Animal Health Australia and Plant Health Australia Funding
Legislation Amendment Bill 2022
1
A Bill for an Act to amend the law relating to the
1
funding of Australian Animal Health Council
2
Limited and Plant Health Australia Limited, and
3
for related purposes
4
The Parliament of Australia enacts:
5
1 Short title
6
This Act is the
Animal Health Australia and Plant Health Australia
7
Funding Legislation Amendment Act 2022
.
8
2 Commencement
9
(1) Each provision of this Act specified in column 1 of the table
10
commences, or is taken to have commenced, in accordance with
11
2
Animal Health Australia and Plant Health Australia Funding
Legislation Amendment Bill 2022
No. , 2022
column 2 of the table. Any other statement in column 2 has effect
1
according to its terms.
2
3
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
4
enacted. It will not be amended to deal with any later amendments of
5
this Act.
6
(2) Any information in column 3 of the table is not part of this Act.
7
Information may be inserted in this column, or information in it
8
may be edited, in any published version of this Act.
9
3 Schedules
10
Legislation that is specified in a Schedule to this Act is amended or
11
repealed as set out in the applicable items in the Schedule
12
concerned, and any other item in a Schedule to this Act has effect
13
according to its terms.
14
Amendments
Schedule 1
No. , 2022
Animal Health Australia and Plant Health Australia Funding
Legislation Amendment Bill 2022
3
Schedule 1--Amendments
1
2
Australian Animal Health Council (Live-stock Industries)
3
Funding Act 1996
4
1 Section 3
5
Insert:
6
emergency biosecurity response deed
means:
7
(a) the EADR agreement; or
8
(b) a deed:
9
(i) that relates to an emergency biosecurity response; and
10
(ii) that is prescribed by the regulations for the purposes of
11
this subparagraph.
12
2 Subsection 4(5)
13
Repeal the subsection, substitute:
14
(5) The third priority is to apply the Commonwealth payment in
15
making, on behalf of a non-government body that is a party to an
16
emergency biosecurity response deed and is concerned with the
17
production of the animal product, a payment to the Commonwealth
18
for the purpose of discharging a liability of the body to the
19
Commonwealth that arises under that deed.
20
3 At the end of the Act
21
Add:
22
8 Regulations
23
The Governor-General may make regulations prescribing matters:
24
(a) required or permitted by this Act to be prescribed by the
25
regulations; or
26
(b) necessary or convenient to be prescribed for carrying out or
27
giving effect to this Act.
28
Schedule 1
Amendments
4
Animal Health Australia and Plant Health Australia Funding
Legislation Amendment Bill 2022
No. , 2022
4 Application provision
1
The repeal and substitution of subsection 4(5) of the
Australian Animal
2
Health Council (Live-stock Industries) Funding Act 1996
made by this
3
Schedule applies in relation to payments made by the Australian
4
Animal Health Council on or after the commencement of this item.
5
Horticulture Marketing and Research and Development
6
Services Act 2000
7
5 Subsection 16(1) (note 1)
8
Omit "Note 1", substitute "Note".
9
6 Subsection 16(1) (note 2)
10
Repeal the note.
11
Plant Health Australia (Plant Industries) Funding Act 2002
12
7 Section 3 (definition of fundable contribution liability)
13
Repeal the definition.
14
8 Section 3 (definition of primary levy or charge)
15
Repeal the definition.
16
9 Section 3 (definition of relevant Plant Industry Member)
17
Repeal the definition, substitute:
18
relevant Plant Industry Member
, for an EPPR plant product, has
19
the meaning given by section 3A.
20
10 At the end of Part 1
21
Add:
22
3A Definition of relevant Plant Industry Member
23
(1) For the purposes of this Act,
relevant Plant Industry Member
, for
24
an EPPR plant product, means a body determined in an instrument
25
under subsection (2) in relation to that EPPR plant product.
26
Amendments
Schedule 1
No. , 2022
Animal Health Australia and Plant Health Australia Funding
Legislation Amendment Bill 2022
5
(2) The Secretary of the Department may, by notifiable instrument,
1
determine one or more bodies in relation to one or more specified
2
EPPR plant products.
3
(3) The Secretary of the Department must not determine a body in
4
relation to an EPPR plant product unless:
5
(a) the body is a Plant Industry Member; and
6
(b) the Secretary is satisfied that the body represents the industry
7
for that EPPR plant product in the body's role as a Plant
8
Industry Member.
9
(4) The Secretary of the Department may, by writing, delegate the
10
Secretary's power under subsection (2) to an SES employee, or an
11
acting SES employee, in the Department.
12
11 Part 2 (heading)
13
Repeal the heading, substitute:
14
Part 2--Funding for PHA
15
12 Sections 4 and 5
16
Repeal the sections, substitute:
17
4 Funding for PHA
18
Total PHA levy or charge receipts
19
(1) The Commonwealth is to pay to PHA an amount equal to the total
20
PHA levy or charge receipts from each PHA plant product for a
21
PHA year.
22
Total PHA penalty receipts
23
(2) The Commonwealth is to pay to PHA an amount equal to the total
24
PHA penalty receipts from each PHA plant product for a PHA
25
year.
26
13 Section 6
27
Omit "sections 4 and 5", substitute "section 4".
28
Schedule 1
Amendments
6
Animal Health Australia and Plant Health Australia Funding
Legislation Amendment Bill 2022
No. , 2022
14 Section 7
1
Repeal the section.
2
15 Paragraph 8(1)(b)
3
Repeal the paragraph, substitute:
4
(b) the costs the Commonwealth incurs in administering
5
section 4 in relation to the plant product and year.
6
16 Subsection 8(2) (heading)
7
Repeal the heading, substitute:
8
Setting off liabilities under subsection (1) against liabilities under
9
section 4
10
17 Subsection 8(2)
11
Omit "or 5".
12
18 Subsection 8(3)
13
Repeal the subsection.
14
19 Subsection 9(3)
15
Omit "or 5".
16
20 Subsection 9(4) (heading)
17
Repeal the heading, substitute:
18
Setting off liabilities under subsection (3) against liabilities under
19
section 4
20
21 Subsection 9(4)
21
Omit "or 5".
22
22 Subsection 9(5)
23
Repeal the subsection.
24
23 Section 10
25
Repeal the section.
26
Amendments
Schedule 1
No. , 2022
Animal Health Australia and Plant Health Australia Funding
Legislation Amendment Bill 2022
7
24 Subsection 10C(4)
1
Omit "the relevant Plant Industry Member, to discharge any liability of
2
the Member to the Commonwealth under the EPPR Deed in relation to
3
the EPPR plant product", substitute "a relevant Plant Industry Member
4
for the EPPR plant product referred to in subsection (1), to discharge
5
any liability of that member to the Commonwealth under the EPPR
6
Deed in relation to that EPPR plant product".
7
25 Subsection 10C(5)
8
Omit "the relevant Plant Industry Member, in accordance with a request
9
by the Member, to discharge any liability of the Member to the
10
Commonwealth under the EPPR Deed in relation to any other EPPR
11
plant product for which the Member is the relevant Plant Industry
12
Member", substitute "a relevant Plant Industry Member for the EPPR
13
plant product referred to in subsection (1), in accordance with a request
14
by that member, to discharge any liability of that member to the
15
Commonwealth under the EPPR Deed in relation to any other EPPR
16
plant product for which that member is a relevant Plant Industry
17
Member".
18
26 Subsection 10C(6)
19
Repeal the subsection, substitute:
20
Fourth priority: promotion or maintenance of plant health
21
(6) The fourth priority is to make payments to any person, in
22
accordance with a request by a relevant Plant Industry Member for
23
the EPPR plant product referred to in subsection (1), for any other
24
purpose relating to the promotion or maintenance of the health of:
25
(a) that EPPR plant product; or
26
(b) any other EPPR plant product for which that member is a
27
relevant Plant Industry Member.
28
27 Subsection 10C(7)
29
Omit "the relevant Plant Industry Member", substitute "a relevant Plant
30
Industry Member".
31
Schedule 1
Amendments
8
Animal Health Australia and Plant Health Australia Funding
Legislation Amendment Bill 2022
No. , 2022
28 Subsection 10G(5)
1
Omit "the relevant Plant Industry Member", substitute "a relevant Plant
2
Industry Member".
3
29 Section 11
4
Repeal the section.
5
30 Application provisions
6
(1)
The amendments made by items 7 to 9 and 11 to 23
apply in relation to
7
the PHA year in which this item commences and each later PHA year.
8
(2)
The amendments of section 10C of the
Plant Health Australia (Plant
9
Industries) Funding Act 2002
made by this Schedule apply in relation to
10
payments made by PHA on or after the commencement of this item.
11
(3)
The amendment of section 10G of the
Plant Health Australia (Plant
12
Industries) Funding Act 2002
made by this Schedule applies in relation
13
to a notice given under subsection 10G(2) of that Act on or after the
14
commencement of this item.
15
Primary Industries Research and Development Act 1989
16
31 Subsection 30(1) (note)
17
Repeal the note.
18