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This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017-2018
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Halal Certification Transitional
Authority Bill 2018
No. , 2018
(Senator Bernardi)
A Bill for an Act to establish the Halal Certification
Transitional Authority, and for related purposes
No. , 2018
Halal Certification Transitional Authority Bill 2018
i
Contents
Part 1--Preliminary
1
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Object ................................................................................................ 2
4
Simplified outline of this Act ............................................................ 2
5
Definitions ......................................................................................... 3
6
Crown to be bound ............................................................................ 4
7
Extension to external Territories ....................................................... 4
8
Concurrent operation of State and Territory laws .............................. 4
9
Free exercise of religion .................................................................... 4
10
Sunset provision ................................................................................ 5
Part 2--Halal Certification Transitional Authority
6
Division 1--Establishment etc. of Authority
6
11
Establishment of the Halal Certification Transitional
Authority ........................................................................................... 6
12
Membership of Authority .................................................................. 6
13
Function of Authority ........................................................................ 6
14
Powers of Authority .......................................................................... 6
15
Authority does not have privileges and immunities of the
Crown ................................................................................................ 7
Division 2--Director and staff of Authority
8
16
Director.............................................................................................. 8
17
Appointment of Director ................................................................... 8
18
Function of Director .......................................................................... 8
19
Powers of Director ............................................................................. 8
20
Acting appointments .......................................................................... 8
21
Remuneration and allowances ........................................................... 9
22
Leave of absence ............................................................................... 9
23
Other paid work ................................................................................. 9
24
Other terms and conditions ................................................................ 9
25
Resignation ........................................................................................ 9
26
Termination of appointment ............................................................ 10
27
Delegation by Director .................................................................... 10
28
Staff ................................................................................................. 11
Part 3--Halal certificates
12
29
Application for halal certificate ....................................................... 12
30
Grant of halal certificate .................................................................. 12
ii
Halal Certification Transitional Authority Bill 2018
No. , 2018
31
Authority may impose conditions .................................................... 12
32
Matters to be specified in a halal certificate .................................... 13
33
Renewal of halal certificate ............................................................. 13
34
Revocation of halal certificate ......................................................... 13
35
Basis on which halal certificates granted ......................................... 13
Part 4--Offences and civil penalties
15
36
Physical elements of offences .......................................................... 15
37
Constitutional corporations selling or offering to sell
uncertified halal food ....................................................................... 15
38
Selling or offering to sell uncertified halal food in the course
of constitutional trade and commerce .............................................. 16
39
Constitutional corporations certifying or purporting to certify
that food is halal .............................................................................. 17
40
Certifying or purporting to certify that food is halal in the
course of constitutional trade and commerce ................................... 17
Part 5--Enforcement
19
41
Appointment of authorised officers ................................................. 19
42
Monitoring powers .......................................................................... 19
43
Investigation powers ........................................................................ 20
44
Civil penalty provisions ................................................................... 22
45
Infringement notices ........................................................................ 22
46
Injunctions ....................................................................................... 23
Part 6--Miscellaneous
25
47
Treatment of partnerships ................................................................ 25
48
Treatment of unincorporated associations ....................................... 25
49
Treatment of trusts ........................................................................... 26
50
Review of decisions by Administrative Appeals Tribunal ............... 27
51
Rules ................................................................................................ 27
52
Independent review ......................................................................... 27
No. , 2018
Halal Certification Transitional Authority Bill 2018
1
A Bill for an Act to establish the Halal Certification
1
Transitional Authority, and for related purposes
2
The Parliament of Australia enacts:
3
Part 1--Preliminary
4
5
1 Short title
6
This Act is the Halal Certification Transitional Authority Act 2018.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
Part 1 Preliminary
Section 3
2
Halal Certification Transitional Authority Bill 2018
No. , 2018
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. Sections 1 and
2 and anything in
this Act not
elsewhere covered
by this table
The day after this Act receives the Royal
Assent.
2. Sections 3 to
52
The day the Consolidated Revenue Fund is
appropriated to fund the Halal Certification
Transitional Authority.
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 Object
10
The object of this Act is to protect consumers by promoting the
11
accurate labelling of food.
12
4 Simplified outline of this Act
13
This Act promotes the accurate labelling of food by regulating the
14
certification of food as halal.
15
This Act establishes the Halal Certification Transitional Authority
16
headed by a Director appointed by the Minister.
17
The Authority may grant a halal certificate to a person if satisfied
18
that the person is a fit and proper person and that the food to be
19
covered by the certificate is halal.
20
Preliminary Part 1
Section 5
No. , 2018
Halal Certification Transitional Authority Bill 2018
3
This Act creates offences and civil penalties relating to the sale, by
1
constitutional corporations or in the course of constitutional trade
2
and commerce, of food claimed to be halal that is not covered by a
3
halal certificate.
4
It also creates offences and civil penalties relating to the
5
certification, or purported certification, of food as halal by
6
constitutional corporations or in the course of constitutional trade
7
and commerce.
8
A range of compliance and enforcement powers are provided,
9
including by applying the Regulatory Powers Act.
10
Decisions made under this Act by the Authority may be reviewed
11
by the Administrative Appeals Tribunal.
12
The Minister may make rules for the purposes of this Act.
13
An independent review of the operation of this Act, and a report of
14
that review, must be completed within 3 years of the
15
commencement of the operative provisions.
16
This Act ceases to have effect 5 years after the commencement of
17
the operative provisions.
18
5 Definitions
19
In this Act:
20
authorised officer means a person appointed as an authorised
21
officer by the Director under section 41.
22
Authority means the Halal Certification Transitional Authority
23
established by section 11.
24
civil penalty provision has the same meaning as in the Regulatory
25
Powers Act.
26
constitutional corporation means a corporation to which
27
paragraph 51(xx) of the Constitution applies.
28
Part 1 Preliminary
Section 6
4
Halal Certification Transitional Authority Bill 2018
No. , 2018
constitutional trade and commerce means the following:
1
(a) trade or commerce between Australia and places outside
2
Australia;
3
(b) trade or commerce among the States;
4
(c) trade or commerce within a Territory, between a State and a
5
Territory or between 2 Territories.
6
Director means the Director of the Authority.
7
halal certificate means a halal certificate granted under section 30.
8
paid work means work for financial gain or reward (whether as an
9
employee, a self-employed person or otherwise).
10
Regulatory Powers Act means the Regulatory Powers (Standard
11
Provisions) Act 2014.
12
staff of the Authority means the staff of the Authority mentioned
13
in section 28.
14
6 Crown to be bound
15
This Act binds the Crown in each of its capacities.
16
7 Extension to external Territories
17
This Act extends to every external Territory.
18
8 Concurrent operation of State and Territory laws
19
This Act is not intended to exclude or limit the operation of a law
20
of a State or Territory that is capable of operating concurrently
21
with this Act.
22
9 Free exercise of religion
23
This Act does not apply to the extent (if any) that it would prohibit
24
the free exercise of any religion.
25
Preliminary Part 1
Section 10
No. , 2018
Halal Certification Transitional Authority Bill 2018
5
10 Sunset provision
1
This Act ceases to have effect at the end of the 5-year period
2
beginning when this section commences.
3
Part 2 Halal Certification Transitional Authority
Division 1 Establishment etc. of Authority
Section 11
6
Halal Certification Transitional Authority Bill 2018
No. , 2018
Part 2--Halal Certification Transitional Authority
1
Division 1--Establishment etc. of Authority
2
11 Establishment of the Halal Certification Transitional Authority
3
(1) The Halal Certification Transitional Authority is established by this
4
section.
5
(2) For the purposes of the finance law (within the meaning of the
6
Public Governance, Performance and Accountability Act 2013):
7
(a) the Authority is a listed entity; and
8
(b) the Director is the accountable authority of the Authority; and
9
(c) the following persons are officials of the Authority:
10
(i) the Director;
11
(ii) the staff referred to in section 28; and
12
(d) the purposes of the Authority include:
13
(i) the function of the Authority referred to in section 13;
14
and
15
(ii) the function of the Director referred to in section 18.
16
12 Membership of Authority
17
The Authority consists of:
18
(a) the Director; and
19
(b) the staff of the Authority.
20
13 Function of Authority
21
The function of the Authority is to perform functions that are
22
permitted or required to be performed by or under this Act.
23
14 Powers of Authority
24
The Authority has power to do all things necessary or convenient
25
to be done for or in connection with the performance of its
26
functions.
27
Halal Certification Transitional Authority Part 2
Establishment etc. of Authority Division 1
Section 15
No. , 2018
Halal Certification Transitional Authority Bill 2018
7
15 Authority does not have privileges and immunities of the Crown
1
The Authority does not have the privileges and immunities of the
2
Crown in right of the Commonwealth.
3
Part 2 Halal Certification Transitional Authority
Division 2 Director and staff of Authority
Section 16
8
Halal Certification Transitional Authority Bill 2018
No. , 2018
Division 2--Director and staff of Authority
1
16 Director
2
There is to be a Director of the Authority.
3
17 Appointment of Director
4
(1) The Director is to be appointed by the Minister by written
5
instrument on a full-time basis.
6
Note:
The Director may be reappointed: see section 33AA of the Acts
7
Interpretation Act 1901.
8
(2) The Director holds office for the period specified in the instrument
9
of appointment. The period must not exceed 5 years.
10
18 Function of Director
11
The function of the Director is to perform functions that are
12
permitted or required to be performed by or under this Act.
13
19 Powers of Director
14
The Director has power to do all things necessary or convenient to
15
be done for or in connection with the performance of his or her
16
functions.
17
20 Acting appointments
18
The Minister may, by written instrument, appoint a person to act as
19
the Director:
20
(a) during a vacancy in the office of Director (whether or not an
21
appointment has previously been made to the office); or
22
(b) during any period, or during all periods, when the Director:
23
(i) is absent from duty or from Australia; or
24
(ii) is, for any reason, unable to perform the duties of the
25
office.
26
Halal Certification Transitional Authority Part 2
Director and staff of Authority Division 2
Section 21
No. , 2018
Halal Certification Transitional Authority Bill 2018
9
Note:
For rules that apply to acting appointments, see sections 33AB and
1
33A of the Acts Interpretation Act 1901.
2
21 Remuneration and allowances
3
(1) The Director is to be paid the remuneration that is determined by
4
the Remuneration Tribunal.
5
(2) The Director is to be paid the allowances that are specified in the
6
rules.
7
(3) This section has effect subject to the Remuneration Tribunal Act
8
1973.
9
22 Leave of absence
10
(1) The Director has the recreation leave entitlements that are
11
determined by the Remuneration Tribunal.
12
(2) The Minister may grant the Minister leave of absence, other than
13
recreation leave, on the terms and conditions as to remuneration or
14
otherwise that the Minister determines.
15
23 Other paid work
16
The Director must not engage in paid work outside the duties of his
17
or her office without the Minister's approval.
18
24 Other terms and conditions
19
The Director holds office on the terms and conditions (if any) in
20
relation to matters not covered by this Act that are determined by
21
the Minister.
22
25 Resignation
23
(1) The Director may resign his or her appointment by giving the
24
Minister a written resignation.
25
Part 2 Halal Certification Transitional Authority
Division 2 Director and staff of Authority
Section 26
10
Halal Certification Transitional Authority Bill 2018
No. , 2018
(2) The resignation takes effect on the day it is received by the
1
Minister or, if a later day is specified in the resignation, on that
2
later day.
3
26 Termination of appointment
4
(1) The Minister may terminate the appointment of the Director:
5
(a) for misbehaviour; or
6
(b) if the Director is unable to perform the duties of his or her
7
office because of physical or mental incapacity.
8
(2) The Minister may terminate the appointment of the Director if:
9
(a) the Director:
10
(i) becomes bankrupt; or
11
(ii) applies to take the benefit of any law for the relief of
12
bankrupt or insolvent debtors; or
13
(iii) compounds with his or her creditors; or
14
(iv) makes an assignment of his or her remuneration for the
15
benefit of his or her creditors; or
16
(b) the Director is absent, except on leave of absence, for 14
17
consecutive days or for 28 days in any 12 months; or
18
(c) the Director engages, except with the Minister's approval, in
19
paid work outside the duties of his or her office (see
20
section 23).
21
Note:
The appointment of the Director may also be terminated under
22
section 30 of the Public Governance, Performance and Accountability
23
Act 2013 (which deals with terminating the appointment of an
24
accountable authority, or a member of an accountable authority, for
25
contravening general duties of officials).
26
27 Delegation by Director
27
(1) The Director may, in writing, delegate all or any of his or her
28
functions or powers under this Act to a member of the staff of the
29
Authority.
30
Note:
Sections 34AA to 34A of the Acts Interpretation Act 1901 contain
31
provisions relating to delegations.
32
Halal Certification Transitional Authority Part 2
Director and staff of Authority Division 2
Section 28
No. , 2018
Halal Certification Transitional Authority Bill 2018
11
(2) In performing a delegated function or exercising a delegated
1
power, the delegate must comply with any written directions of the
2
Director.
3
28 Staff
4
(1) The staff of the Authority must be persons engaged under the
5
Public Service Act 1999.
6
(2) For the purposes of the Public Service Act 1999:
7
(a) the Director and the APS employees assisting the Director
8
together constitute a Statutory Agency; and
9
(b) the Director is the Head of that Statutory Agency.
10
Part 3 Halal certificates
Section 29
12
Halal Certification Transitional Authority Bill 2018
No. , 2018
Part 3--Halal certificates
1
2
29 Application for halal certificate
3
(1) A person may apply to the Authority for a halal certificate that
4
covers a kind of food.
5
(2) The application must be in a form approved, in writing, by the
6
Authority.
7
(3) The application must be accompanied by the fee (if any) specified
8
in the rules.
9
(4) A fee specified under subsection (3) must not amount to taxation.
10
30 Grant of halal certificate
11
(1) On receiving an application under section 29 for a halal certificate,
12
the Authority must decide:
13
(a) to grant the applicant a halal certificate; or
14
(b) to refuse to grant the applicant a halal certificate.
15
(2) The Authority must not grant the applicant a halal certificate that
16
covers a kind of food unless the Authority is satisfied that:
17
(a) the applicant is a fit and proper person to hold a halal
18
certificate; and
19
(b) the kind of food covered is halal.
20
(3) For the purposes of deciding whether to grant, or refuse to grant
21
the applicant a halal certificate, the Authority may have regard to
22
any matter that the Authority considers relevant.
23
31 Authority may impose conditions
24
If the Authority decides to grant a halal certificate, the Authority
25
may impose conditions to which the certificate is subject.
26
Halal certificates Part 3
Section 32
No. , 2018
Halal Certification Transitional Authority Bill 2018
13
32 Matters to be specified in a halal certificate
1
A halal certificate must specify the following:
2
(a) the name of the certificate holder;
3
(b) the kind of food covered by the certificate;
4
(c) the period for which the certificate is in force;
5
(d) the conditions (if any) imposed by the Authority under
6
section 31;
7
(e) any other matter specified in the rules.
8
33 Renewal of halal certificate
9
(1) The holder of a halal certificate may apply to the Authority to
10
renew the certificate.
11
(2) An application to renew a halal certificate must be made before the
12
certificate expires.
13
(3) If an application to renew a halal certificate is made before the
14
certificate expires, the application is taken to be an application for
15
a new halal certificate, and the provisions of this Part (apart from
16
this section) apply in relation to the application.
17
34 Revocation of halal certificate
18
(1) The Authority may revoke a halal certificate if the Authority
19
reasonably believes that a condition of the certificate has been, or
20
is being, contravened.
21
(2) If the Authority revokes a halal certificate, the Authority must give
22
the licensee a written notice stating:
23
(a) that the certificate is to be revoked;
24
(b) the reasons for the revocation; and
25
(c) the date the revocation is to take effect.
26
35 Basis on which halal certificates granted
27
A halal certificate granted under this Part is granted on the basis
28
that:
29
Part 3 Halal certificates
Section 35
14
Halal Certification Transitional Authority Bill 2018
No. , 2018
(a) the certificate may be revoked under section 34; and
1
(b) the certificate may be cancelled, revoked, terminated or
2
varied by or under later legislation; and
3
(c) no compensation is payable if the licence is cancelled,
4
revoked, terminated or varied as mentioned in either of the
5
above paragraphs.
6
Offences and civil penalties Part 4
Section 36
No. , 2018
Halal Certification Transitional Authority Bill 2018
15
Part 4--Offences and civil penalties
1
2
36 Physical elements of offences
3
For the purposes of applying Chapter 2 of the Criminal Code to an
4
offence in a section in this Part, the physical elements of the
5
offence are set out in subsection (1) of the section.
6
Note:
Chapter 2 of the Criminal Code sets out general principles of criminal
7
responsibility.
8
37 Constitutional corporations selling or offering to sell uncertified
9
halal food
10
(1) A person contravenes this subsection if:
11
(a) the person is a constitutional corporation; and
12
(b) the person sells, or offers to sell, food; and
13
(c) the person claims that the food is halal; and
14
(d) the food is not covered by a halal certificate.
15
Fault-based offence
16
(2) A person commits an offence if the person contravenes
17
subsection (1).
18
Note:
See section 36 in relation to the physical elements of the offence.
19
Penalty: 500 penalty units.
20
Strict liability offence
21
(3) A person commits an offence of strict liability if the person
22
contravenes subsection (1).
23
Note:
For strict liability, see section 6.1 of the Criminal Code.
24
Penalty: 50 penalty units.
25
Part 4 Offences and civil penalties
Section 38
16
Halal Certification Transitional Authority Bill 2018
No. , 2018
Civil penalty provision
1
(4) A person is liable to a civil penalty if the person contravenes
2
subsection (1).
3
Civil penalty:
500 penalty units.
4
38 Selling or offering to sell uncertified halal food in the course of
5
constitutional trade and commerce
6
(1) A person contravenes this subsection if:
7
(a) the person sells, or offers to sell, food in the course of
8
constitutional trade and commerce; and
9
(b) the person claims that the food is halal; and
10
(c) the food is not covered by a halal certificate.
11
Fault-based offence
12
(2) A person commits an offence if the person contravenes
13
subsection (1).
14
Note:
See section 36 in relation to the physical elements of the offence.
15
Penalty: 500 penalty units.
16
Strict liability offence
17
(3) A person commits an offence of strict liability if the person
18
contravenes subsection (1).
19
Note:
For strict liability, see section 6.1 of the Criminal Code.
20
Penalty: 50 penalty units.
21
Civil penalty provision
22
(4) A person is liable to a civil penalty if the person contravenes
23
subsection (1).
24
Civil penalty:
500 penalty units.
25
Offences and civil penalties Part 4
Section 39
No. , 2018
Halal Certification Transitional Authority Bill 2018
17
39 Constitutional corporations certifying or purporting to certify
1
that food is halal
2
(1) A person contravenes this subsection if:
3
(a) the person is a constitutional corporation; and
4
(b) the person certifies, or purports to certify, that food is halal.
5
Fault-based offence
6
(2) A person commits an offence if the person contravenes
7
subsection (1).
8
Note:
See section 36 in relation to the physical elements of the offence.
9
Penalty: 500 penalty units.
10
Strict liability offence
11
(3) A person commits an offence of strict liability if the person
12
contravenes subsection (1).
13
Note:
For strict liability, see section 6.1 of the Criminal Code.
14
Penalty: 50 penalty units.
15
Civil penalty provision
16
(4) A person is liable to a civil penalty if the person contravenes
17
subsection (1).
18
Civil penalty:
500 penalty units.
19
40 Certifying or purporting to certify that food is halal in the course
20
of constitutional trade and commerce
21
(1) A person contravenes this subsection if:
22
(a) the person certifies, or purports to certify, that food is halal;
23
and
24
(b) the person does so in the course of constitutional trade and
25
commerce.
26
Penalty: 50 penalty units.
27
Part 4 Offences and civil penalties
Section 40
18
Halal Certification Transitional Authority Bill 2018
No. , 2018
Fault-based offence
1
(2) A person commits an offence if the person contravenes
2
subsection (1).
3
Note:
See section 36 in relation to the physical elements of the offence.
4
Penalty: 500 penalty units.
5
Strict liability offence
6
(3) A person commits an offence of strict liability if the person
7
contravenes subsection (1).
8
Note:
For strict liability, see section 6.1 of the Criminal Code.
9
Penalty: 50 penalty units.
10
Civil penalty provision
11
(4) A person is liable to a civil penalty if the person contravenes
12
subsection (1).
13
Civil penalty:
500 penalty units.
14
Enforcement Part 5
Section 41
No. , 2018
Halal Certification Transitional Authority Bill 2018
19
Part 5--Enforcement
1
2
41 Appointment of authorised officers
3
(1) The Director may, in writing, appoint a member of the staff of the
4
Authority as an authorised officer for the purposes of this Part.
5
(2) The Director must not appoint a person as an authorised officer
6
unless the Director is satisfied that the person has the knowledge or
7
experience necessary to properly exercise the powers of an
8
authorised officer.
9
(3) An authorised officer must, in exercising powers as such, comply
10
with any directions of the Director.
11
(4) If a direction is given under subsection (3) in writing, the direction
12
is not a legislative instrument.
13
42 Monitoring powers
14
Provisions subject to monitoring
15
(1) This Act is subject to monitoring under Part 2 of the Regulatory
16
Powers Act.
17
Note:
Part 2 of the Regulatory Powers Act creates a framework for
18
monitoring whether this Act has been complied with. It includes
19
powers of entry and inspection.
20
Information subject to monitoring
21
(2) Information given in compliance or purported compliance with a
22
provision of this Act is subject to monitoring under Part 2 of the
23
Regulatory Powers Act.
24
Note:
Part 2 of the Regulatory Powers Act creates a framework for
25
monitoring whether the information is correct. It includes powers of
26
entry and inspection.
27
Part 5 Enforcement
Section 43
20
Halal Certification Transitional Authority Bill 2018
No. , 2018
Related provisions, authorised applicant, authorised person,
1
issuing officer, relevant chief executive and relevant court
2
(3) For the purposes of Part 2 of the Regulatory Powers Act, as it
3
applies in relation to the provisions of this Act:
4
(a) an authorised officer is an authorised applicant; and
5
(b) an authorised officer is an authorised person; and
6
(c) a magistrate is an issuing officer; and
7
(d) the Director is the relevant chief executive; and
8
(e) the Federal Circuit Court of Australia and the Federal Court
9
of Australia are the relevant courts.
10
(4) The relevant chief executive may, in writing, delegate the powers
11
and functions mentioned in subsection (5) to an authorised person.
12
(5) The powers and functions that may be delegated are:
13
(a) powers under Part 2 of the Regulatory Powers Act in relation
14
to the provisions of this Act; and
15
(b) powers and functions under the Regulatory Powers Act that
16
are incidental to a power mentioned in paragraph (a).
17
(6) A person exercising powers or performing functions under a
18
delegation under subsection (4) must comply with any directions of
19
the relevant chief executive.
20
Extension to external Territories
21
(7) Part 2 of the Regulatory Powers Act, as it applies in relation to this
22
Act, extends to every external Territory.
23
43 Investigation powers
24
Provisions subject to investigation
25
(1) A provision is subject to investigation under Part 3 of the
26
Regulatory Powers Act if it is:
27
(a) a civil penalty provision of this Act; or
28
(b) an offence against the Crimes Act 1914 or the Criminal Code
29
that relates to this Act.
30
Enforcement Part 5
Section 43
No. , 2018
Halal Certification Transitional Authority Bill 2018
21
Note:
Part 3 of the Regulatory Powers Act creates a framework for
1
investigating whether a provision has been contravened. It includes
2
powers of entry, search and seizure.
3
Related provisions, authorised applicant, authorised person,
4
issuing officer, relevant chief executive and relevant court
5
(2) For the purposes of Part 3 of the Regulatory Powers Act, as it
6
applies in relation to evidential material that relates to a provision
7
mentioned in subsection (1):
8
(a) the provisions of Part 4 of this Act are related to that
9
evidential material; and
10
(b) an authorised officer is an authorised applicant; and
11
(c) an authorised officer is an authorised person; and
12
(d) a magistrate is an issuing officer; and
13
(e) the Director is the relevant chief executive; and
14
(f) the Federal Circuit Court of Australia and the Federal Court
15
of Australia are the relevant courts.
16
(3) The relevant chief executive may, in writing, delegate the powers
17
and functions mentioned in subsection (4) to an authorised person.
18
(4) The powers and functions that may be delegated are:
19
(a) powers under Part 3 of the Regulatory Powers Act in relation
20
to evidential material that relates to a provision mentioned in
21
subsection (1); and
22
(b) powers and functions under the Regulatory Powers Act that
23
are incidental to a power mentioned in paragraph (a).
24
(5) A person exercising powers or performing functions under a
25
delegation under subsection (3) must comply with any directions of
26
the relevant chief executive.
27
Extension to external Territories
28
(6) Part 3 of the Regulatory Powers Act, as it applies in relation to the
29
provisions mentioned in subsection (1), extends to every external
30
Territory.
31
Part 5 Enforcement
Section 44
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Halal Certification Transitional Authority Bill 2018
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44 Civil penalty provisions
1
Enforceable civil penalty provisions
2
(1) Each civil penalty provision of this Act is enforceable under Part 4
3
of the Regulatory Powers Act.
4
Note:
Part 4 of the Regulatory Powers Act allows a civil penalty provision to
5
be enforced by obtaining an order for a person to pay a pecuniary
6
penalty for the contravention of the provision.
7
Authorised applicant
8
(2) For the purposes of Part 4 of the Regulatory Powers Act, the
9
Director is an authorised applicant in relation to the civil penalty
10
provisions of this Act.
11
Relevant court
12
(3) For the purposes of Part 4 of the Regulatory Powers Act, each of
13
the following courts is a relevant court in relation to the civil
14
penalty provisions of this Act:
15
(a) the Federal Circuit Court of Australia;
16
(b) the Federal Court of Australia.
17
Extension to external Territories
18
(4) Part 4 of the Regulatory Powers Act, as it applies in relation to the
19
provisions mentioned in subsection (1), extends to every external
20
Territory.
21
45 Infringement notices
22
Provisions subject to an infringement notice
23
(1) A civil penalty provision of this Act is subject to an infringement
24
notice under Part 5 of the Regulatory Powers Act.
25
Note:
Part 5 of the Regulatory Powers Act creates a framework for using
26
infringement notices in relation to provisions.
27
Enforcement Part 5
Section 46
No. , 2018
Halal Certification Transitional Authority Bill 2018
23
Infringement officer
1
(2) For the purposes of Part 5 of the Regulatory Powers Act, an
2
authorised officer is an infringement officer in relation to the
3
provisions mentioned in subsection (1).
4
Relevant chief executive
5
(3) For the purposes of Part 5 of the Regulatory Powers Act, the
6
Director is the relevant chief executive in relation to the provisions
7
mentioned in subsection (1).
8
(4) The relevant chief executive may, in writing, delegate the powers
9
and functions mentioned in section 102 of the Regulatory Powers
10
Act to an infringement officer.
11
(5) A person exercising powers or performing functions under a
12
delegation under subsection (4) must comply with any directions of
13
the relevant chief executive officer.
14
Extension to external Territories
15
(6) Part 5 of the Regulatory Powers Act, as it applies in relation to the
16
provisions mentioned in subsection (1), extends to every external
17
Territory.
18
46 Injunctions
19
Enforceable provisions
20
(1) The civil penalty provisions of this Act are enforceable under
21
Part 7 of the Regulatory Powers Act.
22
Note:
Part 7 of the Regulatory Powers Act creates a framework for using
23
injunctions to enforce provisions.
24
Authorised person
25
(2) For the purposes of Part 7 of the Regulatory Powers Act, the
26
Director is an authorised person in relation to the provisions
27
mentioned in subsection (1).
28
Part 5 Enforcement
Section 46
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Halal Certification Transitional Authority Bill 2018
No. , 2018
Relevant court
1
(3) For the purposes of Part 7 of the Regulatory Powers Act, each of
2
the following courts is a relevant court in relation to the provisions
3
mentioned in subsection (1):
4
(a) the Federal Circuit Court of Australia;
5
(b) the Federal Court of Australia.
6
Consent injunctions
7
(4) A relevant court may grant an injunction under Part 7 of the
8
Regulatory Powers Act in relation to a provision mentioned in
9
subsection (1) by consent of all the parties to proceedings brought
10
under that Part, whether or not the court is satisfied that
11
section 121 of that Act applies.
12
Extension to external Territories
13
(5) Part 7 of the Regulatory Powers Act, as it applies in relation to the
14
provisions mentioned in subsection (1), extends to every external
15
Territory.
16
Miscellaneous Part 6
Section 47
No. , 2018
Halal Certification Transitional Authority Bill 2018
25
Part 6--Miscellaneous
1
2
47 Treatment of partnerships
3
(1) This Act applies to a partnership as if it were a person, but with the
4
changes set out in this section.
5
(2) An obligation that would otherwise be imposed on the partnership
6
by this Act is imposed on each partner instead, but may be
7
discharged by any of the partners.
8
(3) A contravention of a civil penalty provision in this Act that would
9
otherwise have been committed by the partnership is taken to have
10
been committed by each partner in the partnership, at the time of
11
the contravention, who:
12
(a) did the relevant act or made the relevant omission; or
13
(b) aided, abetted, counselled or procured the relevant act or
14
omission; or
15
(c) was in any way knowingly concerned in, or party to, the
16
relevant act or omission (whether directly or indirectly and
17
whether by any act or omission of the partner).
18
(4) For the purposes of this Act, a change in the composition of a
19
partnership does not affect the continuity of the partnership.
20
48 Treatment of unincorporated associations
21
(1) This Act applies to an unincorporated association as if it were a
22
person, but with the changes set out in this section.
23
(2) An obligation that would otherwise be imposed on the association
24
by this Act is imposed on each member of the association's
25
committee of management instead, but may be discharged by any
26
of the members.
27
(3) A contravention of a civil penalty provision in this Act that would
28
otherwise have been committed by the unincorporated association
29
is taken to have been committed by each member of the
30
Part 6 Miscellaneous
Section 49
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Halal Certification Transitional Authority Bill 2018
No. , 2018
association's committee of management, at the time of the
1
contravention, who:
2
(a) did the relevant act or made the relevant omission; or
3
(b) aided, abetted, counselled or procured the relevant act or
4
omission; or
5
(c) was in any way knowingly concerned in, or party to, the
6
relevant act or omission (whether directly or indirectly and
7
whether by any act or omission of the member).
8
49 Treatment of trusts
9
(1) This Act applies to a trust as if it were a person, but with the
10
changes set out in this section.
11
Trusts with a single trustee
12
(2) If the trust has a single trustee:
13
(a) an obligation that would otherwise be imposed on the trust by
14
this Act is imposed on the trustee instead; and
15
(b) a contravention of a civil penalty provision in this Act that
16
would otherwise have been committed by the trust is taken to
17
have been committed by the trustee.
18
Trusts with multiple trustees
19
(3) If the trust has 2 or more trustees:
20
(a) an obligation that would otherwise be imposed on the trust by
21
this Act is imposed on each trustee instead, but may be
22
discharged by any of the trustees; and
23
(b) a contravention of a civil penalty provision in this Act that
24
would otherwise have been committed by the trust is taken to
25
have been committed by each trustee of the trust, at the time
26
of the contravention, who:
27
(i) did the relevant act or made the relevant omission; or
28
(ii) aided, abetted, counselled or procured the relevant act or
29
omission; or
30
(iii) was in any way knowingly concerned in, or party to, the
31
relevant act or omission (whether directly or indirectly
32
and whether by any act or omission of the trustee).
33
Miscellaneous Part 6
Section 50
No. , 2018
Halal Certification Transitional Authority Bill 2018
27
50 Review of decisions by Administrative Appeals Tribunal
1
(1) Applications may be made to the Administrative Appeals Tribunal
2
for review of decisions made by the Authority under this Act.
3
(2) In this section:
4
decision has the same meaning as in the Administrative Appeals
5
Tribunal Act 1975.
6
51 Rules
7
(1) The Minister may, by legislative instrument, make rules
8
prescribing matters:
9
(a) required or permitted by this Act to be prescribed by the
10
rules; or
11
(b) necessary or convenient to be prescribed for carrying out or
12
giving effect to this Act.
13
(2) To avoid doubt, the rules may not do the following:
14
(a) create an offence or civil penalty;
15
(b) provide powers of:
16
(i) arrest or detention; or
17
(ii) entry, search or seizure;
18
(c) impose a tax;
19
(d) set an amount to be appropriated from the Consolidated
20
Revenue Fund under an appropriation in this Act;
21
(e) directly amend the text of this Act.
22
52 Independent review
23
(1) The Minister must cause an independent review to be conducted of
24
the operation of this Act and the rules.
25
(2) The review must be completed within 3 years of the
26
commencement of this section.
27
(3) The review must make provision for public consultation.
28
Part 6 Miscellaneous
Section 52
28
Halal Certification Transitional Authority Bill 2018
No. , 2018
(4) The persons who conduct the review must give the Minister a
1
written report of the review.
2
(5) The Minister must cause copies of the report to be tabled in each
3
House of the Parliament within 15 sitting days of that House after
4
the report is given to the Minister.
5