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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014-2015
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Export Control Amendment (Quotas)
Bill 2015
No. , 2015
(Agriculture and Water Resources)
A Bill for an Act to amend the law relating to
export quotas, and for other purposes
No. , 2015
Export Control Amendment (Quotas) Bill 2015
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Part 1--Tariff rate quota amendments
3
Export Control Act 1982
3
Part 2--Consequential amendments
5
Australian Meat and Live-stock Industry Act 1997
5
Dairy Produce Act 1986
5
Export Charges (Collection) Act 2015
5
Part 3--Repeals
6
Australian Meat and Live-stock (Quotas) Act 1990
6
Part 4--Transitional rules
7
No. , 2015
Export Control Amendment (Quotas) Bill 2015
1
A Bill for an Act to amend the law relating to
1
export quotas, and for other purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Export Control Amendment (Quotas)
5
Act 2015.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Export Control Amendment (Quotas) Bill 2015
No. , 2015
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1,
Part 1
The day after this Act receives the Royal
Assent.
3. Schedule 1,
item 6
1 January 2017.
1 January 2017
4. Schedule 1,
item 7
The day after this Act receives the Royal
Assent.
5. Schedule 1,
items 8 and 9
1 January 2017.
1 January 2017
6. Schedule 1,
items 10 and 11
The day after this Act receives the Royal
Assent.
7. Schedule 1,
Part 3
1 January 2017.
1 January 2017
8. Schedule 1,
Part 4
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Amendments Schedule 1
Tariff rate quota amendments Part 1
No. , 2015
Export Control Amendment (Quotas) Bill 2015
3
Schedule 1--Amendments
1
Part 1--Tariff rate quota amendments
2
Export Control Act 1982
3
1 Section 3 (definition of order)
4
After "under", insert "this Act or".
5
2 After section 23
6
Insert:
7
23A Tariff rate quota systems
8
(1) The Secretary may make orders providing for, or in relation to, the
9
establishment and administration of a system, or systems, of tariff
10
rate quotas for the export of goods.
11
Note:
The orders may make different provision for, or in relation to,
12
different classes of goods (see subsection 33(3A) of the Acts
13
Interpretation Act 1901).
14
(2) Without limiting subsection (1), the orders may make provision
15
for, or in relation to, the following:
16
(a) determining the amount of tariff rate quota for the export of
17
goods for a period;
18
(b) methods for determining tariff rate quota entitlements for the
19
export of goods;
20
(c) establishing and maintaining a register of tariff rate quota
21
entitlements;
22
(d) surrender, transfer, variation, and cancellation of tariff rate
23
quota entitlements;
24
(e) tariff rate quota certificates, including cancellation of
25
certificates;
26
(f) imposing conditions, including variation and cancellation of
27
conditions;
28
(g) auditing and reporting requirements;
29
(h) the use of computer programs for making decisions under a
30
system of tariff rate quotas;
31
(i) review of decisions.
32
Schedule 1 Amendments
Part 1 Tariff rate quota amendments
4
Export Control Amendment (Quotas) Bill 2015
No. , 2015
(3) The Secretary may give written directions to be complied with by a
1
particular person or body in relation to a matter covered by an
2
order made under this section.
3
(4) If a direction given under this section is inconsistent with an order
4
made under this section, the direction prevails and the order, to the
5
extent of the inconsistency, does not have any effect.
6
(5) An order made, or direction given, under this section that is
7
inconsistent with the regulations or an order made by the Minister
8
has no effect to the extent of the inconsistency, but the order or
9
direction is taken to be consistent with the regulations and any
10
orders made by the Minister to the extent that the order or direction
11
is capable of operating concurrently with those instruments.
12
(6) A direction given under subsection (3) is not a legislative
13
instrument.
14
3 Section 25 (heading)
15
Repeal the heading, substitute:
16
25 Regulations and orders
17
4 After paragraph 25(5)(ab)
18
Insert:
19
(aba) any matter contained in any instrument or writing that:
20
(i) sets out, or provides a method for calculating, the tariff
21
rate quota for the importation of goods into a country;
22
and
23
(ii) is made by the authority or body in that country
24
responsible for regulating the importation of goods into
25
that country;
26
as in force at a particular time or as in force from time to
27
time; or
28
5 At the end of section 25
29
Add:
30
Note:
Subsections (3) to (9) apply to orders made under the regulations and
31
orders made under section 23A (see the definition of order in
32
section 3).
33
Amendments Schedule 1
Consequential amendments Part 2
No. , 2015
Export Control Amendment (Quotas) Bill 2015
5
Part 2--Consequential amendments
1
Australian Meat and Live-stock Industry Act 1997
2
6 Section 3 (definition of quota)
3
Repeal the definition.
4
7 Subparagraph 17(3)(c)(i)
5
Omit "otherwise than in accordance with a quota".
6
8 Division 3 of Part 2
7
Repeal the Division.
8
Dairy Produce Act 1986
9
9 Part V
10
Repeal the Part.
11
Export Charges (Collection) Act 2015
12
10 Section 6 (subparagraphs (a)(ii), (b)(ii), and (c)(ii) of the
13
definition of export control instrument)
14
Repeal the subparagraphs, substitute:
15
(ii) orders made under such regulations or that Act; or
16
11 Subparagraphs 12(5)(a)(ii), (b)(ii), and (c)(ii)
17
Repeal the subparagraphs, substitute:
18
(ii) orders made under such regulations or that Act;
19
Schedule 1 Amendments
Part 3 Repeals
6
Export Control Amendment (Quotas) Bill 2015
No. , 2015
Part 3--Repeals
1
Australian Meat and Live-stock (Quotas) Act 1990
2
12 The whole of the Act
3
Repeal the Act.
4
Amendments Schedule 1
Transitional rules Part 4
No. , 2015
Export Control Amendment (Quotas) Bill 2015
7
Part 4--Transitional rules
1
13 Transitional rules
2
(1)
The Minister may, by legislative instrument (and subject to
3
subitem (2)), make rules prescribing matters of a transitional nature
4
(including prescribing any saving or application provisions) relating to
5
the amendments or repeals made by items 6 to 9 and 12 of this
6
Schedule.
7
(2)
To avoid doubt, the rules may not do the following:
8
(a) create an offence or civil penalty provision;
9
(b) provide:
10
(i) powers of arrest or detention; or
11
(ii) powers relating to entry, search or seizure;
12
(c) impose a tax;
13
(d) set an amount to be appropriated from the Consolidated
14
Revenue Fund under an appropriation in this Act;
15
(e) directly amend the text of this Act.
16