Commonwealth Numbered Acts

AGRICULTURE, FISHERIES AND FORESTRY LEGISLATION AMENDMENT ACT (NO. 2) 1999 NO. 170, 1999 - SCHEDULE 2

1 Subsection 4(1) (definition of buying agent )

2 Subsection 4(1) (paragraphs (b) and (c) of the definition of examinable documents )

(b)

the handling, storing, transporting, processing, marketing, purchasing or selling of collection products; or

(c)

the purchasing or selling of prescribed goods or services in relation to collection products of any kind;

3 Subsection 4(1) (definition of leviable weight )

4 Subsection 4(1) (at the end of paragraphs (da), (fa), (fb), (fc) and (ga) of the definition of producer )

5 Subsection 4(1) (subparagraph (h)(ii) of the definition of producer )

6 Subsection 4(1) (subparagraph (h)(iii) of the definition of producer )

7 Subsection 4(1) (at the end of paragraphs (hb) and (ha) of the definition of producer )

8 Subsection 4(1) (definition of proprietor )

proprietor means:

(a)

in relation to an abattoir:

(i)

if a licence is required under any law of the Commonwealth or of a State or Territory to carry on abattoir activities—the person who holds the licence; or

(ii)

if no licence is required under any such law—the person carrying on the business of operating the abattoir; and

(b)

in relation to any other processing establishment—the person carrying on the business of processing collection products in that establishment.

9 Subsection 4(1) (definition of selling agent )

10 Paragraphs 7(1)(d), (2)(c), (3)(a) and (3A)(a)

11 After subsection 7(3A)

(3B)

An agreement between a producer and an intermediary that purports, expressly or implicitly, to require the producer to pay levy or charge as a condition for the provision of services by the intermediary is void to that extent, if the intermediary would otherwise have to pay an amount under this section in relation to that levy or charge.

12 Subsection 8(1)

13 Subsection 8(2)

(2)

When an intermediary deducts an amount under subsection (1) in respect of levy or charge:

(a)

the producer is discharged from liability to pay that levy or charge to the extent of the amount deducted; and

(b)

the intermediary must:

(i)

give the producer, within 7 days after the date of deduction, a receipt or other written statement acknowledging deduction and specifying the date on which it was made; and

(ii)

in accordance with this Act, pay any amount in relation to the levy or charge that the intermediary is liable to pay on behalf of the producer.

14 Paragraph 15(3)(a)

Note: The heading to section 15 is altered by omitting " non-payment " and substituting " late payment ".

15 Paragraph 15(3)(a)

16 Paragraph 15(4)(a)

17 Subsection 16(2)

18 Subsection 19(1)

19 Paragraph 19(2)(b)

20 After section 19

19A Offence of obstructing an authorised person acting under a warrant

A person must not obstruct or hinder an authorised person in the exercise of his or her power under section 19 if the authorised person is exercising the power in accordance with a warrant issued under section 20.

Penalty: 30 penalty units

If an authorised person enters any premises under section 19 in accordance with a warrant issued under section 20, the occupier or the person in charge must, if required to do so by the authorised person, provide reasonable assistance to the authorised person in the exercise of his or her power under that section in relation to such premises.

Penalty: 30 penalty units

21 Subsection 22(5)

22 Subsection 24(1) (penalty)

Penalty: 60 penalty units.

23 At the end of section 24

(4)

If a person is convicted of an offence under subsection (1):

(a)

the court may direct the person to give the return or information that he or she is required to give by or under this Act; and

(b)

on being so directed, the person must give the return or information to an authorised person within the time specified in the direction.

24 After paragraph 30(2)(b)

(ba)

requiring persons who produce prescribed goods or provide prescribed services, and any other persons prescribed in relation to such goods or services, to make and keep accounts and other records in respect of such goods or services; and

25 After paragraph 30(2)(c)

(ca)

requiring persons who produce prescribed goods or provide prescribed services, and any other persons prescribed in relation to such goods or services, to give returns or information for the purposes of this Act; and

26 Paragraph 30(2)(d)

(d)

establishing offences, punishable on conviction by a fine not exceeding 10 penalty units, for a failure to comply with requirements of the regulations.

27 Saving provision

(a)

that offence continues to have effect, after that time, as if the amendment made by item 26 had been in force at the time the offence was created and the offence had been duly created for the purposes of section 30 of that Act as so amended; and

(b)

if any proceedings have been started but not completed in relation to that offence as at the commencement of this item, those proceedings are unaffected by that amendment of section 30 of that Act.