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This is a Bill, not an Act. For current law, see the Acts databases.
1996
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Primary
Industries and Energy Legislation Amendment Bill (No. 2)
1996
No. ,
1996
(Primary Industries and
Energy)
A Bill for an Act to amend
the law relating to primary industries and energy, to repeal certain Acts, and
for related purposes
Contents
Apple and Pear Export Underwriting Act
1981 6piela2h1.html
Beef Industry (Incentive Payments) Act
1977 6piela2h1.html
Coal Production (War-time) Act Repeal Act
1948 6piela2h1.html
Dairy Industry Stabilization Act
1977 6piela2h1.html
Dairy Industry Stabilization Levy Act
1977 6piela2h1.html
Drought Assistance (Primary Producers) Act
1982 6piela2h1.html
Fishing Industry Act
1956 6piela2h1.html
Fishing Industry Research Act
1969 6piela2h1.html
Fishing Industry Research and Development Act
1987 6piela2h1.html
International Sugar Agreement Act
1978 6piela2h1.html
Rural Industries Research Act
1985 6piela2h1.html
Wheat Tax Act
1957 6piela2h1.html
Wheat Tax Act
1979 6piela2h1.html
Wheat Tax (Permit) Act
1984 6piela2h1.html
Wheat Tax (Permit) Collection Act
1984 6piela2h1.html
A Bill for an Act to
amend the law relating to primary industries and energy, to repeal certain Acts,
and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Primary Industries and Energy Legislation
Amendment Act (No. 2) 1996.
(1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
(2) Schedule 1 commences immediately after the commencement of section
3.
(3) Schedule 3 is taken to have commenced on 15 March 1995.
Fishing Industry Act 1956
(1) The Fisheries Development Trust Account established under subsection
4(1) of the Fishing Industry Act 1956 is closed.
Fishing Industry Research Act 1969
(2) The Fishing Industry Research Trust Account established under
subsection 6(1) of the Fishing Industry Research Act 1969 is
closed.
Fishing Industry Research and Development Act 1987
(3) The Fishing Industry Research and Development Trust Fund established
under subsection 30(1) of the Fishing Industry Research and Development Act
1987 is closed.
Subject to section 2, each Act that is specified in a Schedule to this
Act is amended or repealed as set out in the applicable items in the Schedule
concerned, and any other item in a Schedule to this Act has effect according to
its terms.
1 Repeal of Acts
The Acts specified in this Schedule are repealed.
Apple
and Pear Export Underwriting Act 1981
Beef
Industry (Incentive Payments) Act 1977
Coal
Production (War-time) Act Repeal Act 1948
Dairy
Industry Stabilization Act 1977
Dairy
Industry Stabilization Levy Act 1977
Drought
Assistance (Primary Producers) Act 1982
Fishing
Industry Research Act 1969
Fishing
Industry Research and Development Act 1987
International
Sugar Agreement Act 1978
Rural
Industries Research Act 1985
Wheat
Tax (Permit) Collection Act 1984
1 Section 9A
Repeal the section, substitute:
If there is an agreement in force between the Government of the
Commonwealth and the Governments of all or any of the States and participating
Territories for the purposes of this Act and the Agvet Codes, the NRA must, in
the performance of its functions and the exercise of its powers, comply with any
policies of those Governments determined under the agreement.
2 Paragraph 10(2)(a)
Omit “of the Governments of the Commonwealth, the States and the
participating Territories that are determined under an
agreement”.
3 Paragraph 58(2)(a)
After “Commonwealth”, insert “under this
Act,”.
4 Subsection 69C(1)
After “agreement”, insert “or
arrangement”.
5 Paragraph 69C(2)(a)
Omit “the NRA” (first occurring), substitute “a relevant
agency”.
6 Subparagraph 69C(2)(a)(i)
After “agreement”, insert “or
arrangement”.
7 Subparagraph
69C(2)(a)(iii)
Omit “NRA”, substitute “agency”.
8 Subsection 69C(3)
Omit “The NRA”, substitute “A relevant
agency”.
9 Subsection 69C(4)
Omit “The NRA may”, substitute “A relevant agency
may”.
10 Subsection 69C(4)
Omit “NRA” (second occurring), substitute
“agency”.
11 Paragraph 69C(4)(a)
Repeal the paragraph, substitute:
(a) the terms of the relevant international agreement or arrangement;
and
12 Subsection 69C(5)
Omit “for a contravention of this subsection”.
13 At the end of section
69C
Add:
(6) In this section:
relevant agency means the Department or NRA.
Note: The heading to section 69C is altered by omitting
“International obligations” and substituting
“Reporting”.
14 Subsection 69D(1)
After “foreign country”, insert “and upon payment of the
prescribed fee (if any)”.
15 After subsection 69D(1)
Insert:
(1A) If the NRA refuses to give a certificate under subsection (1), it
must:
(a) give written notice of its refusal to the person who applied for the
certificate; and
(b) include in the notice brief particulars of the reasons for the
refusal.
(1B) Application may be made to the Administrative Appeals Tribunal for
review of a decision of the NRA refusing to give a certificate under subsection
(1).
(1C) A notice given under subsection (1A) must include a statement to the
effect that:
(a) subject to the Administrative Appeals Tribunal Act 1975,
application may be made by or on behalf of a person whose interests are affected
by the decision to the Administrative Appeals Tribunal for a review of the
decision to which the notice relates; and
(b) unless subsection 28(4) of that Act applies, application may be made
in accordance with section 28 of that Act by or on behalf of a person whose
interests are affected by the decision for a statement in writing setting out
the findings on material questions of fact, referring to the evidence or other
material on which those findings were based and giving the reasons for the
decision.
(1D) A failure to comply with subsection (1C) in relation to a decision
does not affect the validity of the decision.
16 At the end of section
69E
Add:
(3) From the returns given to the NRA in relation to a year ending on 30
June, the NRA must prepare a statement or statements setting out the total
quantities of each active constituent that were imported into, manufactured in,
or exported from, Australia by all persons during the year and give the
statement or statements to the Department.
1 Paragraph 32(2)(b)
Repeal the paragraph, substitute:
(b) requiring the person, within a period stated in the notice that ends
not earlier than 28 days after the day on which the notice is given, to give to
the NRA:
(i) any information of a kind stated in the notice of which the person is
aware and which is relevant to the reconsideration; or
(ii) any information of which the person is aware that is relevant to the
reconsideration; and
2 Subsection 59(1)
Omit “under section 33 or”, substitute “under paragraph
32(2)(b) or section 33 or made under section 159”.
3 Subsection 103(1)
After “that batch”, insert “in this
jurisdiction”.
4 Section 156
Repeal the section, substitute:
(1) This section facilitates the administration, on a national basis, of
the Agvet Codes of all jurisdictions by permitting the making of a single
application, or the giving or publication of a single notice, under the Agvet
Codes of all jurisdictions.
(2) If an application is expressed to be made under the Agvet Codes
(rather than under the Agvet Code of a particular jurisdiction), it has effect
as an application under the relevant provision of the Agvet Code of this
jurisdiction in addition to any effect that it may have under the Agvet Code of
any other jurisdiction.
(3) If a notice is expressed to be given or published by the NRA under the
Agvet Codes (rather than under the Agvet Code of a particular jurisdiction), it
has effect as a notice given or published under the relevant provision of the
Agvet Code of this jurisdiction in addition to any effect that it may have under
the Agvet Code of any other jurisdiction.
5 After paragraph 180(c)
Insert:
(ca) any information (other than particulars of trials or laboratory
experiments) given to the NRA by the person to whom the notice was given is
taken to have been given by the person to the NRA under subsection 32(2) of that
Code;
6 Paragraph 180(d)
Omit “or other information”.
1 After section 167
Insert:
(1) If, apart from this section, the operation of this Act would result in
the acquisition of property from a person otherwise than on just terms, the
Commonwealth is liable to pay reasonable compensation to the person.
(2) If the Commonwealth and the person do not agree on the amount of the
compensation, the person may apply to the Federal Court to determine a
reasonable amount of compensation.
(3) The jurisdiction of the Federal Court is exclusive of the jurisdiction
of all other courts except that of the High Court.
(4) Any damages or compensation recovered, or other remedy given, in a
proceeding begun otherwise than under this section must be taken into account in
assessing compensation payable in a proceeding begun under this section and
arising out of the same event or transaction.
(5) In this section:
acquisition of property and just terms have the
same meaning as in paragraph 51(xxxi) of the Constitution.
1 Paragraph 8A(2)(b)
After “issued”, insert “, for a specified period,”.
2 At the end of section 8A
Add:
Period of effect of certificate
(3) A certificate only has effect for the period specified in
it.
3 Subsection 43(1)
After “farm household support” (first occurring), insert
“or drought relief payment”.
4 Subsection 43(1)
After “farm household support” (second occurring), insert
“or drought relief payment (as the case requires)”.
1 Section 3 (definition of authorised
officer)
After “an officer of AQIS”, insert “or other
person”.
2 Section 3 (definition of authorised
officer)
Omit “this”, substitute “the first
mentioned”.
3 Section 40
After “an officer of AQIS”, insert “or other
person”.
1 After paragraph 87(1)(s)
Insert:
(sa) enabling a person who is alleged to have contravened a provision of
this Act or of the regulations to pay to the Commonwealth, as an alternative to
prosecution, a penalty of not more than 10 penalty units;