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Australian Meat and Live-stock Industry (Repeals and Consequential Provisions) Bill 1997
Date Introduced: 1 October 1997
House: House of Representatives
Portfolio: Primary Industries and Energy
Commencement: As specified in the 'Main Provisions' section of
this Digest.
This Bill forms part of a package of 17 Bills restructuring the regulatory framework of the Australian meat and live-stock industry. The major provisions of this Bill:
The reader is referred to the Digest for the Australian Meat and Live-stock Industry Bill 1997.
Amendment of the Australian Meat and Live-stock (Quotas) Act 1990
Item 2 of Schedule 1 of the Bill omits AMLC (Australian Meat and Live-stock Corporation) wherever it occurs in section 4 of the Australian Meat and Live-stock (Quotas) Act 1990 and substitutes reference to the Secretary (ie. the Secretary of the Department of Primary Industries and Energy). Effectively, this amendment in conjunction with items 3-5, 7-8 and 10 transfers power to administer the meat and live-stock export quota system from the AMLC to the Secretary.
Note: Section 4 of the Australian Meat and Live-stock (Quotas) Act 1990 sets out the objects of the Act, and currently provides that the objects are:
... to enable AMLC to establish systems of quotas to protect the orderly export of goods:
(a) where restrictions on exports of meat or particular classes of meat to particular countries are imposed, or in the opinion of AMLC will be imposed, either by Australia or the countries concerned; or
(b) where, in relation to live sheep and lambs, AMLC otherwise considers it in the best interest of the industry to do so.
Item 3 of Schedule 1 of the Bill omits reference to the AMLC in subsection 5(1) of the Australian Meat and Live-stock (Quotas) Act 1990 and substitutes reference to the Secretary. Effectively, this amendment in conjunction with items 2, 4-5, 7-8 and 10 transfers power to administer the meat and live-stock export quota system from the AMLC to the Secretary.
Note: Subsection 5(1) of the Australian Meat and Live-stock (Quotas) Act 1990 currently provides:
(1) AMLC may, by notices in writing given to licensees, impose a limitation on the total quantity of goods, or a specified class of goods, that may be exported to a specified country.
Item 4 of Schedule 1 of the Bill omits reference to the AMLC in subsection 6(1) of the Australian Meat and Live-stock (Quotas) Act 1990 and substitutes reference to the Secretary. Effectively, this amendment in conjunction with items 2-3, 5, 7-8 and 10 will transfer power to administer the meat and live-stock export quota system from the AMLC to the Secretary.
Note: Subsection 6(1) of the Australian Meat and Live-stock (Quotas) Act 1990 currently provides the AMLC with power to grant quotas.
Item 5 of Schedule 1 of the Bill substitutes a new subsection 6(2) in the Australian Meat and Live-stock (Quotas) Act 1990 which provides that the Secretary may grant a quota by allocating it to a licensee on application and on payment of the prescribed fee, or by selling the quota to a licensee by auction, sale by tender or private sale. Effectively, this amendment in conjunction with items 2-4, 7-8 and 10 will transfer power to administer the meat and live-stock export quota system from the AMLC to the Secretary.
Note: Subsection 6(2) of the Australian Meat and Live-stock (Quotas) Act 1990 currently provides that the AMLC may grant a quota by allocation free of charge, or by auction, sale by tender or private sale.
The effect of items 7 and 8 of Schedule 1 of the Bill is to provide that the Secretary, rather than the AMLC as is currently the law, is not obliged to sell or allocate a quota of a particular amount or kind, or to a particular person if satisfied it is not in the best interests of the industry to do so. Effectively, this amendment in conjunction with items 2-5 and 10 will transfer power to administer the meat and live-stock export quota system from the AMLC to the Secretary.
Item 10 of Schedule 1 of the Bill substitutes a new section 8A in the Australian Meat and Live-stock (Quotas) Act 1990 which provides the Secretary with power to delegate all or any of his/her powers under the Act to a departmental officer. Effectively, this amendment in conjunction with items 2-5 and 7-8 will transfer power to administer the meat and live-stock export quota system from the AMLC to the Secretary
Note: Section 8A of the Australian Meat and Live-stock (Quotas) Act 1990 currently provides the AMLC with power to delegate all or any of its powers to a member.
Commencement: The above provisions commence on the same day as Part 2 of the proposed Australian Meat and Live-stock Industry Act 1997, that is, on Proclamation or nine months and one day after Royal Assent, whichever is first.
Amendment of the Meat and Live-stock Industry Act 1995
Item 1 of Schedule 2 of the Bill omits the terms 'and control' from paragraph 51(1)(a) of the Meat and Live-stock Industry Act 1995. The effect of this amendment is to remove from the objectives of the AMLC the control of the export of meat and live-stock.
Note: Subsection 51(1) of the Meat and Live-stock Industry Act 1995 currently sets out the objectives of the AMLC. The objectives include:
(a) to promote and control, and to protect and further the interests of the industry in relation to, the export of meat and live-stock from Australia;
(b) to promote and control, and to protect and further the interests of the industry in relation to, the sale and distribution, after export, of Australian meat and live-stock;
(c) to promote, and to protect and further the interests of the industry in relation to, trade and commerce in meat and live-stock among the States, between States and Territories and within the Territories; and
(d) to improve the production of meat and live-stock, and encourage consumption of meat, in the Territories.
Items 2-13 of Schedule 2 of the Bill repeal definitions in section 52 of the Meat and Live-stock Industry Act 1995 relating to the AMLC's export licensing powers.
Item 14 of Schedule 2 of the Bill omits the term 'promote and control' and substitutes the term 'promote' in paragraph 54(c) of the Meat and Live-stock Industry Act 1997. The effect of the amendment is to remove control of the export of meat and live-stock from the functions of the AMLC.
Note: Section 54 of the Meat and Live-stock Industry Act 1995 sets out the functions of the AMLC, which are:
(a) to improve the production of meat and live-stock in Australia; and
(b) to encourage and promote the consumption and sale in Australian meat, and the sale of Australian live-stock, both in Australia and overseas; and
(c) to encourage, help, promote and control the export of meat and live-stock from Australia; and
(d) to make recommendations to the Minister with respect to the making of regulations for the purposes of Subdivision B and subsections 155(2) and 157(4); and
(e) any other functions, in connection with meat and live-stock, that are conferred on AMLC by this Part.
Item 16 of Schedule 2 of the Bill repeals subdivisions B and C of Division 2 of Part 3 of the Meat and Live-stock Industry Act 1995. These subdivisions relate to AMLC control of meat and live-stock exports and quotas.
Note: Power with respect to the control of meat and live-stock exports and quotas is being accorded to the Secretary under Part 2 of the Australian Meat and Live-stock Industry Bill 1997. The reader is referred to clauses 10-33 of the Digest for that Bill.
Item 17 of Schedule 2 of the Bill repeals Division 7 of Part 3 of the Meat and Live-stock Industry Act 1995. This division contains enforcement provisions relating to licensing conditions and requirements.
Note: Largely identical enforcement provisions replacing those contained in Division 7 of Part 3 of the Meat and Live-stock Industry Act 1995 are proposed by clauses 34-57 of the Australian Meat and Live-stock Industry Bill 1997.
Commencement: The above provisions commence on the same day as Part 2 of the proposed Australian Meat and Live-stock Industry Act 1997, that is, on Proclamation or nine months and one day after Royal Assent, whichever is first. However, this commencement date will not apply to the above provisions if Parts 2 and 3 of the proposed Australian Meat and Live-stock Industry Act 1997 commence at the same time. In this situation the above amendments are taken to be repealed at the commencement of Part 3 of the proposed Australian Meat and Live-stock Industry Act 1997.
Amendment of the Australian Animal Health Council (Live-stock Industries) Funding Act 1996, National Cattle Disease Eradication Trust Account Act 1991, National Residue Survey (Livestock Slaughter) Levy Act 1992 and Primary Industries Levies and Charges Collection Act 1991.
The amendments proposed by items 1-22 of Schedule 3 of the Bill to the Australian Animal Health Council (Live-stock Industries) Funding Act 1996, National Cattle Disease Eradication Trust Account Act 1991, National Residue Survey (Livestock Slaughter) Levy Act 1992 and Primary Industries Levies and Charges Collection Act 1991 are a consequence of the proposed levy and charge arrangements, particularly as regards separate levy and charge arrangements for producers and processors.
Note: The proposed levy and charge arrangements are contained in the Beef Production Levy Amendment Bill 1997, Buffalo Export Charge Bill 1997, Buffalo Slaughter Levy Bill 1997, Cattle (Exporters) Export Charge Bill 1997, Cattle (Producers) Export Charges Bill 1997, Cattle Transactions Levy Bill 1997, Live-stock (Exporters) Export Charge Bill 1997, Live-stock (Producers) Export Charges Bill 1997, Live-stock Slaughter (Processors) Levy Bill 1997, Live-stock Transactions Levy Bill 1997, National Residue Survey (Buffalo Slaughter) Levy Bill 1997, National Residue Survey (Cattle Export) Levy Bill 1997, National Residue Survey (Cattle Transactions) Levy Bill 1997, National Residue Survey (Sheep, Lambs and Goats Transactions) Levy Bill 1997, and National Residue Survey (Sheep, Lambs and Goats Export) Levy Bill 1997.
Commencement: The above provisions commence on the same day as Part 3 of the proposed Australian Meat and Live-stock Industry Act 1997, that is, on Proclamation or nine months and one day after Royal Assent, whichever is first.
Repeal of Acts
Item 1 of Schedule 4 of the Bill repeals the following Acts:
Transitional, saving and consequential provisions relating to functions of statutory authorities
Part 1 of Schedule 5 (items 1-3) of the Bill contains transitional, saving and consequential provisions relating to the functions of the Meat Industry Council (MIC), Australian Meat and Live-stock Corporation (AMLC) and Meat Research Corporation (MRC).
Item 2 of Schedule 5 of the Bill makes it a function of the MIC, AMLC and MRC to assist in relation to matters relating to the commencement of Part 3 of the proposed Australian Meat and Live-stock Industry Act 1997. Part 3 of the proposed Act relates to industry marketing and research bodies, and approved donors. Assistance to be given by the MIC, AMLC and MRC includes:
Item 3 of Part 1 of Schedule 5 of the Bill repeals Part 1 of Schedule 5 of the Bill on the day the Meat and Live-stock Industry Act 1995 is repealed.
Commencement: The above provisions commence on Royal Assent.
Transitional and saving provisions relating to the control of meat and live-stock exports
Item 5 of Part 2 of Schedule 5 of the Bill provides for an export licence, order, direction, notice or other document granted, made, issued or given by the AMLC under the control of export of meat and live-stock, export quotas, or enforcement provisions of the Meat and Live-stock Industry Act 1995, or the Australian Meat and Live-stock (Quotas) Act 1990 in force before the commencement of Part 2 of the proposed Australian Meat and Live-stock Industry Act 1997 or the Australian Meat and Live-stock (Quotas) Act 1990 as amended by this Bill, to continue to have effect.
Items 7-9 of Part 2 of Schedule 5 of the Bill are saving provisions relating to warrants issued, appointments of nominees of export licence holders, and appointments of analysts made under the Meat and Live-stock Industry Act 1995.
Commencement: The above provisions commence on the same day as Part 2 of the proposed Australian Meat and Live-stock Industry Act 1997, that is, on Proclamation or nine months and one day after Royal Assent, whichever is first.
Transfer of assets and liabilities of the Meat Industry Council, Australian Meat and Live-stock Corporation and Meat Research Corporation
Item 11 of Part 3 of Schedule 5 provides for the transfer of the assets and liabilities of the Meat Industry Council (MIC), Australian Meat and Live-stock Corporation (AMLC) and Meat Research Corporation (MRC) to the Commonwealth on the commencement of Part 3 of the proposed Australian Meat and Live-stock Industry Act 1997. Money transferred to the Commonwealth is to be paid into the Consolidated Revenue Fund. Under item 12 of Part 3 of Schedule 5, the Minister or his/her delegate, is accorded power to direct a specified amount be paid, from the Consolidated Revenue Fund to a prescribed industry body or any other person identified in the direction. Conditions relating to the use or expenditure of an amount may be attached to a direction.
Item 13 of Part 3 of Schedule 5 of the Bill provides the Minister or his/her delegate with power to determine that a specified asset (other than money) or liability of the MIC, AMLC or MRC which has been transferred to the Commonwealth becomes an asset or liability of a prescribed industry body or other person. Conditions relating to the use or disposal of an asset may be attached to a determination. In addition, item 13 provides the Minister or his/her delegate with power to sell a transferred asset on behalf of the Commonwealth. Proceeds from such a sale must be paid into the Consolidated Revenue Fund.
It is an offence punishable by a maximum fine of $12 000 for a prescribed industry body or other person to whom an asset is transferred, or an amount paid, and which subject to a condition to breach the condition either intentionally or recklessly (item 14 of Part 3 of Schedule 5).
Note: It may be noted that items 12 and 13 provide for payments and transfers of assets to prescribed industry bodies, or to any other person. While payments and transfers to prescribed industry bodies are subject to disallowance by Parliament (ie. a prescribed body being disallowed), payments and transfers to 'any other person[s]' do not appear to be. It may also be noted that under item 11 that MIC, AMLC and MRC money vested in the Commonwealth must be paid into the Consolidated Revenue Fund. The Bill does not compel the use of any MIC, AMLC or MRC money for industry purposes.
Item 15 of Part 3 of Schedule 5 of the Bill provides that no stamp duty is payable under State or Territory law in respect of an exempt matter, or anything connected with an exempt matter. The term 'exempt matter' is defined to mean an asset or liability ceasing to be an asset or liability of the MIC, AMLC or MRC and becoming an asset or liability of a prescribed industry body or other person. The Minister or his/her delegate is accorded power to certify that a specified matter is an exempt matter, or that a specified thing was done in connection with a specified exempt matter.
Commencement: The above provisions commence on the same day as Part 3 of the proposed Australian Meat and Live-stock Industry Act 1997, that is, on Proclamation or nine months and one day after Royal Assent, whichever is first.
Ian Ireland
4 November 1997
Bills Digest Service
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ISSN 1328-8091
© Commonwealth of Australia 1997
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Published by the Department of the Parliamentary Library, 1997.
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Last updated: 11 November 1997