SUGAR RESEARCH AND DEVELOPMENT SERVICES (CONSEQUENTIAL AMENDMENTS AND TRANSITIONAL PROVISIONS) BILL 2013

2010-2011-2012-2013

The Parliament of the

Commonwealth of Australia

HOUSE OF REPRESENTATIVES

Presented and read a first time

Sugar Research and Development

Services (Consequential Amendments

and Transitional Provisions) Bill 2013

No. , 2013

(Agriculture, Fisheries and Forestry)

A Bill for an Act to deal with consequential and

transitional matters arising from the enactment of

the Sugar Research and Development Services Act

2013, and for related purposes

i Sugar Research and Development Services (Consequential Amendments and Transitional

Provisions) Bill 2013 No. , 2013

Contents

Short title ........................................................................................... 1

Commencement ................................................................................. 1

Schedule(s) ........................................................................................ 2

Schedule 1--Consequential amendments

Part 1--Amendments commencing on 1 July 2013

Primary Industries (Excise) Levies Act 1999

Primary Industries (Excise) Levies Regulations 1999

Primary Industries Levies and Charges Collection Act 1991

Primary Industries Levies and Charges Collection Regulations 1991

Part 2--Amendments commencing on 1 October 2013

Sugar Research and Development Corporation Regulations 1990

Part 3--Amendments commencing on 1 March 2014

Primary Industries Levies and Charges Collection Regulations 1991

Schedule 2--Transitional provisions

Part 1--Preliminary

Part 2--SRDC's functions in respect of transitional period

Part 3--Assets, liabilities and legal proceedings

Part 4--Miscellaneous

Sugar Research and Development Services (Consequential Amendments and Transitional

Provisions) Bill 2013 No. , 2013 1

A Bill for an Act to deal with consequential and

transitional matters arising from the enactment of

the Sugar Research and Development Services Act

2013, and for related purposes

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Sugar Research and Development

Services (Consequential Amendments and Transitional Provisions)

Act 2013.

2 Commencement

(1) Each provision of this Act specified in column 1 of the table

commences, or is taken to have commenced, in accordance with

2 Sugar Research and Development Services (Consequential Amendments and Transitional

Provisions) Bill 2013 No. , 2013

column 2 of the table. Any other statement in column 2 has effect

according to its terms.

Commencement information

Column 1

Column 2

Column 3

Provision(s)

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

1 July 2013.

1 July 2013

3. Schedule 1,

Part 2

1 October 2013.

1 October 2013

4. Schedule 1,

Part 3

1 March 2014.

1 March 2014

5. Schedule 2

Immediately after the commencement of

section 2 of the Sugar Research and

Development Services Act 2013.

Note:

This table relates only to the provisions of this Act as originally

enacted. It will not be amended to deal with any later amendments of

this Act.

(2) Any information in column 3 of the table is not part of this Act.

Information may be inserted in this column, or information in it

may be edited, in any published version of this Act.

3 Schedule(s)

(1) Each Act, and each set of regulations, 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.

(2) The amendment of any regulation under subsection (1) does not

prevent the regulation, as so amended, from being amended or

repealed by the Governor-General.

Consequential amendments Schedule 1

Amendments commencing on 1 July 2013 Part 1

Sugar Research and Development Services (Consequential Amendments and Transitional

Provisions) Bill 2013 No. , 2013 3

Schedule 1

Consequential amendments

Part 1

Amendments commencing on 1 July 2013

Primary Industries (Excise) Levies Act 1999

1 Clause 1 of Schedule 24 (definition of accepted sugar cane)

Repeal the definition.

2 Clause 1 of Schedule 24 (definition of processing)

Repeal the definition.

3 Clause 1 of Schedule 24

Insert:

season means the period that:

(a) begins on 1 March in a year; and

(b) ends on 28 February in the following year.

4 Clause 1 of Schedule 24 (definition of sugar cane)

Repeal the definition, substitute:

sugar cane means:

(a) stalks (whether whole or not) of the sugar cane plant; or

(b) stalks (whether whole or not) and leaves of the sugar cane

plant.

5 Clause 1 of Schedule 24 (definition of sugar mill)

Repeal the definition.

6 Clauses 2 and 3 of Schedule 24

Repeal the clauses, substitute:

2 Processing establishments

For the purposes of this Schedule, premises in Australia are a

processing establishment during a season if sugar cane processed

at those premises during the season amounts, or amounted, to

3,000 tonnes or more.

Schedule 1 Consequential amendments

Part 1 Amendments commencing on 1 July 2013

4 Sugar Research and Development Services (Consequential Amendments and Transitional

Provisions) Bill 2013 No. , 2013

3 Imposition of levy

(1) Levy is imposed on sugar cane if:

(a) the sugar cane is sold to a processing establishment after the

commencement of this clause; or

(b) the sugar cane is grown by a processing establishment and,

after the commencement of this clause, is processed by the

establishment; or

after the commencement of this clause on behalf of the owner

of the sugar cane.

(2) For the purpose of subclause (1), sugar cane is taken to be sold to a

processing establishment when the first payment for the sugar cane

is made, whether the payment represents the whole, or part only, of

the purchase price for the sugar cane.

7 Clause 4 of Schedule 24

Omit "15 cents per tonne or such other rate (not exceeding 15 cents per

tonne)", substitute "70 cents per tonne or such other rate".

8 Clause 5 of Schedule 24

Omit "accepted" (first occurring).

9 Paragraph 5(a) of Schedule 24

Repeal the paragraph, substitute:

(a) as to 50% of the levy--by the producer of the sugar cane;

and

10 Paragraph 5(b) of Schedule 24

Omit "accepted".

11 Clauses 6 and 7 of Schedule 24

Repeal the clauses, substitute:

6 Regulations

Before the Governor-General makes regulations for the purposes of

clause 4, the Minister must take into consideration any relevant

Consequential amendments Schedule 1

Amendments commencing on 1 July 2013 Part 1

Sugar Research and Development Services (Consequential Amendments and Transitional

Provisions) Bill 2013 No. , 2013 5

recommendation arising out of consultations between the Minister

and the sugar industry organisations.

12 Transitional provision

period of season for first year

Despite the definition of season in clause 1 of Schedule 24 to the

Primary Industries (Excise) Levies Act 1999, for the purpose of the

definition of processing establishment in clause 2 of that Schedule, the

period beginning on 1 July 2013 and ending on 28 February 2014 is

taken to be a season.

Primary Industries (Excise) Levies Regulations 1999

13 Clause 2 of Schedule 24

Repeal the clause.

14 Part 6 of Schedule 27

Repeal the Part.

Primary Industries Levies and Charges Collection Act 1991

15 Subsection 4(1) (after paragraph (hb) of the definition of

producer)

Insert:

(hc) in the case of sugar cane on which levy is imposed by

clause 3 of Schedule 24 to the Primary Industries (Excise)

Levies Act 1999 or in the case of a product prescribed for the

purposes of this paragraph:

(i) if a processing establishment processes sugar cane it has

grown itself--the processor; or

(ii) if sugar cane is processed on behalf of the owner of the

sugar cane--the owner of the sugar cane; or

(iii) if subparagraphs (i) and (ii) do not apply--the person

who sells the sugar cane to a processing establishment;

16 At the end of subsection 15(1)

Add:

Note:

See also subsection (5).

Schedule 1 Consequential amendments

Part 1 Amendments commencing on 1 July 2013

6 Sugar Research and Development Services (Consequential Amendments and Transitional

Provisions) Bill 2013 No. , 2013

17 At the end of section 15

Add:

(5) In respect of a collection product prescribed by the regulations,

subsection (1) has effect as if a reference to the producer included a

reference to the processor.

Primary Industries Levies and Charges Collection

Regulations 1991

18 After regulation 3

Insert:

3A Penalty for late payment

For subsection 15(5) of the Collection Act, sugar cane (within the

meaning of the Excise Levies Act) is prescribed.

19 Clause 2 of Schedule 33 (definition of accepted sugar

cane)

Repeal the definition.

20 Clause 2 of Schedule 33 (definition of sugar cane)

Repeal the definition, substitute:

sugar cane has the meaning given by clause 1 of Schedule 24 to

the Excise Levies Act.

21 At the end of clause 2 of Schedule 33

Add:

Note:

The producer of sugar cane on which levy is imposed by clause 3 of

Schedule 24 to the Primary Industries (Excise) Levies Act 1999 is

defined by paragraph (hc) of the definition of producer in

subsection 4(1) of the Act.

22 Clause 3 of Schedule 33

Repeal the clause.

23 Clause 4 of Schedule 33

Omit "paragraph (a)", substitute "paragraph (b)".

Consequential amendments Schedule 1

Amendments commencing on 1 July 2013 Part 1

Sugar Research and Development Services (Consequential Amendments and Transitional

Provisions) Bill 2013 No. , 2013 7

24 Clause 4 of Schedule 33 (note)

Repeal the note, substitute:

Note:

The effect of paragraph (b) of the definition of processor in

subsection 4(1) of the Collection Act is that:

(a) the proprietor of the processing establishment that processes a

product is the processor; or

(b) if, immediately prior to delivery to that establishment, the

product is owned by the proprietor of another processing

establishment, the proprietor of the other establishment is the

processor.

25 Clause 5 of Schedule 33

Repeal the clause.

26 Clause 8 of Schedule 33

Omit "accepts sugar cane", substitute "buys or processes sugar cane".

27 Clause 10 of Schedule 33

Repeal the clause, substitute:

10 What must be included in a return

In addition to the information required by regulation 10, a return

for a month must set out, in respect of the month:

(a) the name and address of the processing establishment; and

(b) the quantity of sugar cane sold to, or processed at, the

processing establishment; and

(d) the amount of levy paid on the sugar cane.

Note:

For offences in relation to returns, see section 24 of the Collection

Act.

28 Paragraphs 11(1)(a) and (b) of Schedule 33

Repeal the paragraphs, substitute:

(a) the name and address of each producer who sells sugar cane

to the processor or for whom sugar cane is processed; and

(b) the quantity of sugar cane sold by, or processed for, each

producer; and

Schedule 1 Consequential amendments

Part 2 Amendments commencing on 1 October 2013

8 Sugar Research and Development Services (Consequential Amendments and Transitional

Provisions) Bill 2013 No. , 2013

Part 2

Amendments commencing on 1 October

2013

Sugar Research and Development Corporation

Regulations 1990

29 The whole of the Regulations

Repeal the regulations.

Consequential amendments Schedule 1

Amendments commencing on 1 March 2014 Part 3

Sugar Research and Development Services (Consequential Amendments and Transitional

Provisions) Bill 2013 No. , 2013 9

Part 3

Amendments commencing on 1 March 2014

Primary Industries Levies and Charges Collection

Regulations 1991

30 Clause 7 of Schedule 33

Repeal the clause, substitute:

7 When is levy due for payment

For section 6 of the Collection Act:

(a) 60% of the amount of the levy payable on sugar cane for a

month is due for payment on the last day that the return for

the month must be lodged; and

(b) the remainder of the amount of levy is due for payment on

28 February in the following calendar year.

Note:

For penalty for late payment, see section 15 of the Collection Act.

31 Paragraph 10(d) of Schedule 33

Repeal the paragraph, substitute:

(d) the amount of levy that has been paid on the sugar cane in

accordance with paragraph 7(a).

Schedule 2 Transitional provisions

Part 1 Preliminary

10 Sugar Research and Development Services (Consequential Amendments and

Transitional Provisions) Bill 2013 No. , 2013

Schedule 2

Transitional provisions

Part 1

Preliminary

1 Definitions

In this Schedule:

acquisition of property has the same meaning as in paragraph 51(xxxi)

of the Constitution.

asset means:

(a) any legal or equitable estate or interest in real or personal

property, whether actual, contingent or prospective; or

(b) any right, power, privilege or immunity, whether actual,

contingent or prospective.

assets official, in relation to an asset other than land, means the person

or authority who, under a law of the Commonwealth, a State or a

Territory, under a trust instrument or otherwise, has responsibility for

keeping a register in relation to assets of the kind concerned.

Commonwealth record has the same meaning as in the Archives Act

1983.

declaration day means the day that a body is declared as the industry

services body.

director has the same meaning as in the Primary Industries and Energy

Research and Development Act 1989.

exempt matter means:

(a) the transfer of an asset or liability under this Schedule; or

(b) the operation of this Schedule in any other respect.

final reporting period means the period:

(a) starting on 1 July 2013; and

(b) ending on 30 September 2013.

funding contract means a contract, deed or agreement entered into

between the SRDC and another person or body for the purpose of

funding R&D activities relating to sugar cane by the other person or

body.

industry services body has the same meaning as in the Sugar Research

and Development Services Act 2013.

Transitional provisions Schedule 2

Preliminary Part 1

Sugar Research and Development Services (Consequential Amendments and Transitional

Provisions) Bill 2013 No. , 2013 11

just terms has the same meaning as in paragraph 51(xxxi) of the

Constitution.

liability means any liability, duty or obligation, whether actual,

contingent or prospective.

SRDC means the Sugar Research and Development Corporation

declared to be established by the Sugar Research and Development

Corporation Regulations 1990.

transitional period means the period:

(a) starting on the declaration day; and

(b) ending on 30 September 2013.

Schedule 2 Transitional provisions

Part 2 SRDC's functions in respect of transitional period

12 Sugar Research and Development Services (Consequential Amendments and

Transitional Provisions) Bill 2013 No. , 2013

Part 2

SRDC

's functions

in respect of transitional

period

2 SRDC to wind up operations during transitional period

(1)

During the transitional period, the SRDC is to take such steps as may be

necessary to wind it up.

(2)

Part 2 of the Primary Industries and Energy Research and Development

Act 1989 applies in relation to the SRDC during the transitional period

as if the following modifications were made to that Part:

(a) paragraphs 11(a) to (e) were omitted;

(b) paragraphs 12(1)(a) to (f) were omitted;

paragraph:

"(g) hold and dispose of real and personal property for the

purposes of this Act; and";

(d) paragraph 12(1)(h) were omitted;

(e) sections 13 to 15 were omitted;

(f) Division 3 were omitted;

(g) section 29 were omitted;

(h) sections 30 to 32 were omitted;

(i) paragraph 33(1)(a) were omitted;

(j) paragraph 33(1)(e) were omitted;

(k) sections 34 to 46A were omitted;

(l) subsection 89(1) were omitted.

3 Final annual report and financial statements for SRDC

(1)

This item applies for the purposes of:

(a) preparing and dealing with reports and financial statements

relating to the SRDC for the final reporting period; and

(b) auditing those financial statements; and

with requirements relating to those reports or financial

statements.

(2)

Despite the repeal of the Sugar Research and Development Corporation

Regulations 1990, Subdivision A of Division 2 of Part 3 of the

Transitional provisions Schedule 2

SRDC's functions in respect of transitional period Part 2

Sugar Research and Development Services (Consequential Amendments and Transitional

Provisions) Bill 2013 No. , 2013 13

Commonwealth Authorities and Companies Act 1997, the other

provisions of that Act so far as they relate to that Subdivision and the

Finance Minister's Orders (as defined in that Act), apply for the

purposes of this item as if:

(a) those regulations had not been repealed; and

(b) the final reporting period were a financial year; and

continued to be directors of the SRDC.

(3)

This item does not limit section 7 of the Acts Interpretation Act 1901.

Schedule 2 Transitional provisions

Part 3 Assets, liabilities and legal proceedings

14 Sugar Research and Development Services (Consequential Amendments and

Transitional Provisions) Bill 2013 No. , 2013

Part 3

Assets, liabilities and legal proceedings

4 Transfer of property, money and liabilities

Transfers on or near the declaration day

(1)

As soon as possible after the declaration day, the SRDC must pay 75%

of the money it holds in any bank account to the industry services body.

(2)

If a funding contract is in force immediately before the declaration day,

then the instrument has effect on and after the declaration day as if:

(a) any reference to the SRDC in the funding contract were a

reference to the industry services body; and

(b) any reference to the directors of the SRDC in the funding

contract were a reference to the directors of the industry

services body.

(3)

To the extent to which a funding contract relates, in whole or in part, to

an asset or liability of the SRDC, then, on the declaration day, the asset

or liability ceases to be an asset or liability of the SRDC and becomes

an asset and liability of the industry services body without any

conveyance, transfer or assignment.

(4)

On the declaration day, the industry services body becomes the SRDC's

successor in law in relation to the assets and liabilities mentioned in

subitem (3).

Transfers on 1 October 2013

(5)

On 1 October 2013, the assets and liabilities of the SRDC cease to be

assets and liabilities of the SRDC and become assets and liabilities of

the industry services body without any conveyance, transfer or

assignment.

(6)

On and after 1 October 2013, the industry services body becomes the

SRDC's successor in law in relation to the assets and liabilities

mentioned in subitem (5).

(7)

This item has effect despite section 145 of the Primary Industries and

Energy Research and Development Act 1989.

Transitional provisions Schedule 2

Assets, liabilities and legal proceedings Part 3

Sugar Research and Development Services (Consequential Amendments and Transitional

Provisions) Bill 2013 No. , 2013 15

5 Substitution of parties to proceedings

If any proceedings to which the SRDC was a party:

(a) were pending in any court or tribunal immediately before

1 October 2013; and

(b) related, in whole or in part, to an asset or liability of the

SRDC;

the industry services body is, by force of this item, substituted for the

SRDC, on and after 1 October 2013, as a party to the proceedings to the

extent to which the proceedings relate to the asset or liability.

6 Exemption from stamp duty and other State or Territory

taxes

(1)

No stamp duty or other tax is payable under a law of a State or Territory

in respect of:

(a) an exempt matter; or

(b) anything connected with an exempt matter.

(2)

The Minister may certify in writing:

(a) that a specified matter is an exempt matter; or

(b) that a specified thing was done in connection with a specified

exempt matter.

(3)

In all courts, and for all purposes, a certificate under subitem (2) is

evidence of the matter stated in the certificate.

7 References in certain instruments

(1)

This item applies to an instrument if:

(a) the instrument is in operation immediately before 1 October

2013; and

(b) any of the following applies:

(i) the SRDC is a party to the instrument;

(ii) the instrument was given to, or in favour of, the SRDC;

(iii) a reference is made to the SRDC in the instrument;

(iv) a right or liability accrues, or may accrue, to the SRDC

under the instrument.

Schedule 2 Transitional provisions

Part 3 Assets, liabilities and legal proceedings

16 Sugar Research and Development Services (Consequential Amendments and

Transitional Provisions) Bill 2013 No. , 2013

(2)

The instrument continues to have effect on and after 1 October 2013 as

if a reference in the instrument to the SRDC were a reference to the

industry services body.

(3)

This item has effect despite section 147 of the Primary Industries and

Energy Research and Development Act 1989.

8 Certificates relating to vesting of assets

(1)

This item applies if:

(a) any asset vests in the industry services body under this

Schedule; and

(b) there is lodged with an assets official a certificate that:

(i) is signed by the Minister; and

(ii) identifies the asset; and

(iii) states that the asset has become vested in the industry

services body under this Schedule.

Note:

Certificates under paragraph (1)(b) are presumed to be authentic: see item 13 of this

Schedule.

(2)

The assets official may:

(a) deal with, and give effect to, the certificate as if it were a

proper and appropriate instrument for transactions in relation

to assets of that kind; and

(b) make such entries in the register as are necessary having

regard to the effect of this Schedule.

Transitional provisions Schedule 2

Miscellaneous Part 4

Sugar Research and Development Services (Consequential Amendments and Transitional

Provisions) Bill 2013 No. , 2013 17

Part 4

Miscellaneous

Industry services body's liability for amounts in relation to

levy collected before the declaration day

(1)

Subitem (2) applies in respect of an amount referred to in section 17 of

the Primary Industries Levies and Charges Collection Act 1991 that is,

or relates to, levy (within the meaning of the Primary Industries and

Energy Research and Development Act 1989) attached to the SRDC

before the declaration day.

(2)

If:

(a) an amount referred to in subitem (1) has been overpaid; and

(b) on or after the declaration day, the Commonwealth has

refunded the amount;

the industry services body must pay the amount to the Commonwealth.

(3)

If, on or after the declaration day, the Commonwealth incurs expenses

of a kind mentioned in section 34 of the Primary Industries and Energy

Research and Development Act 1989 in relation to levy (within the

meaning of the Primary Industries and Energy Research and

Development Act 1989) attached to the SRDC before the declaration

day, the industry services body must pay to the Commonwealth

amounts equal to those expenses.

SRDC's expenditure and funding treated as industry

services body's

(1)

This item has effect for the purposes of working out under section 7 of

the Sugar Research and Development Services Act 2013 the limit on the

appropriation for matching payments for a financial year.

(2)

For the purposes of subsection 7(9) of that Act, there is an unmatched

R&D excess for the last full financial year before the declaration day if:

(a) the SRDC spent a particular amount (the R&D spend

amount) in the financial year on activities that qualify, under

the funding contract (within the meaning of that Act) with the

industry services body, as research and development

activities; and

(b) because of section 31 or 32 of the Primary Industries and

Energy Research and Development Act 1989, the payments

Schedule 2 Transitional provisions

Part 4 Miscellaneous

18 Sugar Research and Development Services (Consequential Amendments and

Transitional Provisions) Bill 2013 No. , 2013

(the matching payments) under paragraph 30(1)(b) of that

Act to the SRDC for the financial year are less than 50% of

the R&D spend amount.

The amount of the unmatched R&D excess is:

The amount of

R&D spend

the matching

amount in the

payments for the

financial year

(3)

If the declaration day is in the financial year starting on 1 July 2013,

subsection 7(10) of that Act has effect as if:

(a) the amount spent in that year by the industry services body

on activities that qualify, under the funding contract (within

the meaning of that Act), as research and development

activities included the amount (if any) spent on those

activities by the SRDC in that year; and

(b) the matching payments for the financial year included

payments made under paragraph 30(1)(b) of the Primary

Industries and Energy Research and Development Act 1989

to the SRDC during the financial year.

11 Operation of the Archives Act 1983

(1)

This Schedule does not authorise a Commonwealth record to be

transferred or otherwise dealt with except in accordance with the

provisions of the Archives Act 1983.

(2)

A Commonwealth record must not be transferred to a person under this

Schedule unless the National Archives of Australia has given

permission under paragraph 24(2)(b) of that Act.

12 Constitutional safety net

acquisition of property

(1)

If the operation of this Schedule would result in an acquisition of

property from a person otherwise than on just terms, the

Commonwealth is liable to pay a reasonable amount of compensation to

the person.

(2)

If the Commonwealth and the person do not agree on the amount of the

compensation, the person may institute proceedings in a court of

Transitional provisions Schedule 2

Miscellaneous Part 4

Sugar Research and Development Services (Consequential Amendments and Transitional

Provisions) Bill 2013 No. , 2013 19

competent jurisdiction for the recovery from the Commonwealth of

such reasonable amount of compensation as the court determines.

13 Certificates taken to be authentic

A document that appears to be a certificate made or issued under this

Schedule:

(a) is taken to be such a certificate; and

(b) is taken to have been properly given;

unless the contrary is established.

14 Delegation by Minister

(1)

The Minister may, by writing, delegate all or any of his or her powers

and functions under this Schedule to:

(a) the Secretary of the Department; or

(b) an SES employee, or acting SES employee, in the

Department.

(2)

In exercising or performing powers or functions under a delegation, the

delegate must comply with any directions of the Minister.

15 Regulations

(1)

The Governor-General may make regulations prescribing matters:

(a) required or permitted by this Schedule to be prescribed; or

(b) necessary or convenient to be prescribed for carrying out or

giving effect to this Schedule.

(2)

The Governor-General may make regulations prescribing matters of a

transitional nature (including prescribing any saving or application

provisions) relating to the amendments or repeals made by Schedule 1

to this Act.

Commonwealth of Australia Bills

SUGAR RESEARCH AND DEVELOPMENT SERVICES (CONSEQUENTIAL AMENDMENTS AND TRANSITIONAL PROVISIONS) BILL 2013