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AGRICULTURE, FISHERIES AND FORESTRY LEGISLATION AMENDMENT ACT (NO. 1) 2003 NO. 38, 2003 - SCHEDULE 3

- National Residue Survey Administration Act 1992

1 Section 4

Insert:

"applicable products" means:

(a) food products; or
(b) products of a primary industry; or
(c) any other products that are of a kind used as inputs to the production of products referred to in paragraph (a) or (b);

whether or not the products have been subjected to any process.

2 Section 4

Insert:

"process", in relation to a product, means the performance of any operation in relation to the product, and includes, but is not limited to, the harvesting, chilling, freezing, drying, bottling, packing, canning or preserving of the product.

3 Section 4

Insert:

"products of a primary industry" means products that result from any of the following:

(a) agriculture or the cultivation of land;
(b) the maintenance of animals for commercial purposes;
(c) fishing or aquaculture;
(d) hunting or trapping;
(e) horticulture;
(f) any other primary industry activity.
4 Section 4

Insert:

"Secretary" means Secretary of the Department.

5 Paragraph 8(1)(a)

Repeal the paragraph, substitute:

(a) making payments, in accordance with an expenditure program approved by the Minister, for purposes related to:
(i) the monitoring and reporting of the level of contaminants in applicable products; and
(ii) if the relevant body (as determined by the Minister) in the industry concerned agrees to the program extending to expenditure under this subparagraph—the testing, either on a random basis or in specific cases, of applicable products or the environment for the purpose of tracing the sources of contaminants and determining the causes of contamination; and
(iii) if the relevant body (as determined by the Minister) in the industry concerned agrees to the program extending to expenditure under this subparagraph—the testing and reporting of the level of contaminants in applicable products or the environment, and any associated activities, for the purpose of investigating the potential sources, and determining the potential causes, of such contaminants; and
(iv) if the relevant body (as determined by the Minister) in the industry concerned agrees to the program extending to expenditure under this subparagraph—the prevention of contamination in, and the management of risks associated with, contamination of applicable products; and
6 Subparagraph 8(1)(b)(iii)

Repeal the subparagraph, substitute:

(iii) the carrying out of any activities of kinds referred to in paragraph (a) or any related activities; and
7 Section 11

Repeal the section, substitute:

11 Release of information

(1)
Subject to subsection (2), information collected under the activities referred to in section 8 using funds paid or reimbursed out of the Reserve that identifies a particular person may not be released to any other person.

(2)
Information of a kind mentioned in subsection (1) may be released:

(a) to authorities of the Commonwealth, of a State or of a Territory that are responsible for the monitoring or regulation of agricultural or veterinary chemical residues and contaminants in applicable products or the environment for the purpose of such monitoring or regulation or the management of associated risks; and
(b) to a person whom the Secretary has approved in writing to be an appropriate person to be granted access to the information.

(3)
The Secretary may approve a person to be an appropriate person for the purposes of paragraph (2)(b) only if the Secretary is satisfied that the person requires the relevant information to enable the person to monitor, regulate or manage agricultural or veterinary chemical residues or contaminants in applicable products or the environment.

(4)
An approval is to specify:

(a) each person who may be granted access to the relevant information under paragraph (2)(b); and
(b) the purpose or purposes for which the information can be used.

(5)
A person to whom information is released under paragraph (2)(b) commits an offence if the information is used otherwise than for a purpose specified in the approval.

Penalty: Imprisonment for 12 months.

(6)
This section does not affect the operation of section 27 of the Primary Industries Levies and Charges Collection Act 1991 .

(7)
The Secretary may, in writing, delegate to an APS employee in the Department the power to give approvals under paragraph (2)(b).

(8)
A delegate is, in the exercise of a delegated power, subject to the directions of the Secretary.



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