Commonwealth Numbered Acts

PRIMARY INDUSTRIES AND ENERGY LEGISLATION AMENDMENT ACT (No. 1) 1995 No. 36, 1995 - SCHEDULE 1

                                 SCHEDULE                     Section 3

PART 1-AGRICULTURAL AND VETERINARY CHEMICAL PRODUCTS
(COLLECTION OF LEVY) ACT 1994
1. Subsection 3(1) (definition of "prescribed date for payment"): Omit from
subparagraph (a)(ii) "1 June", substitute "31 July".
2. Subsection 3(1) (definition of "registered"): Omit the definition,
substitute:

" 'registered', in relation to a jurisdiction, means registered under a
registration law of the jurisdiction;
'registration law', in relation to a jurisdiction, means:

   (a)  if there is an Agvet Code of the jurisdiction that is in force-Part 2
        of that Code including, to avoid doubt, that Part as it has effect
        because of the operation of Part 11 of that Code; or

   (b)  otherwise-a prescribed law of the jurisdiction; and also has an
        extended meaning as mentioned in subsections (2) and (2A);".
3. After subsection 3(2): Insert:

"(2A) If, at any time or during any period, a permit is in force in respect of
a chemical product under a prescribed law referred to in paragraph (b) of the
definition of 'registration law' in subsection (1), this Act has effect as if:

   (a)  the product were registered under that law at that time or during that
        period; and

   (b)  a reference to the person who applied for the registration of the
        product were a reference to the person who applied for the permit.

"(2B) If:

   (a)  a chemical product was registered at a particular time or during a
        particular period under a law that is prescribed for the purposes of
        paragraph (b) of the definition of 'registration law' in subsection
        (1); and

   (b)  the product is declared by the regulations to have been, or to be, an
        excluded chemical product for the purposes of this Act from a time
        referred to in the regulations that is earlier than that particular
        time or earlier than the commencement of that particular period; the
        product is taken, for the purposes of this Act, not to have been
        registered under that law at that time or during that period, as the
        case may be.".
4. Section 6: Omit "The NRA may", substitute "The NRA may do any one or more
of the following".
5. Paragraph 6(a): Omit "or" at the end of the paragraph.
6. Paragraph 6(b): Omit, substitute:

"(b) by notice published in the Gazette, direct that subparagraph (a)(ii) of
the definition of 'prescribed date for payment' in subsection  3(1) is to have
effect, in relation to levy payable in a particular calendar year stated in
the notice, as if the reference to 31 July were replaced by a reference to
another date in that year (whether earlier or later than 31 July in that year)
stated in the notice;

   (c)  by notice published in the Gazette, direct that, for the purposes of
        this Act, the amount of any levy that, apart from the direction, would
        be required to be paid by a particular date is taken to have been paid
        by that date if the levy is paid by instalments worked out in
        accordance with the notice on such dates as are stated in the
        notice.".
7. Section 6: Add at the end:

"(2) A determination or direction made or given under subsection (1) has
effect according to its terms.".
8. Subsection 14(1): Before "chemical", insert "particular".
9. Paragraphs 14(1)(a) and (b): Omit, substitute:

"(a) if the amount of the unpaid levy in respect of the product is not more
than $10,000-$200; or

   (b)  if the amount of the unpaid levy in respect of the product is more
        than $10,000-$400.".
10. Subsection 20(1): Omit "If it appears to the NRA that levy under section 8
may be payable", substitute "For the purpose of determining whether levy under
section 8 is payable".
11. Subsection 20(2): Omit "If it appears to the NRA that levy under section 9
may be payable", substitute "For the purpose of determining whether levy under
section 9 is payable".
PART 2-AUSTRALIAN HORTICULTURAL CORPORATION ACT 1987
Division 1-Annual reports of Corporation
12. Paragraph 31(1)(a): After "applies" insert "for the Chairperson or another
member of the Corporation (the 'nominated member')".
13. Paragraphs 31(1)(d) and (e): Omit "the Chairperson", substitute "the
Chairperson or the nominated member, as the case requires,".
14. Application The amendments made by this Division apply in relation to an
annual report of the Corporation relating to the financial year beginning on 1
July 1994 or a later financial year.
Division 2-Product Boards
15. Subsection 3(1) (definition of "registered levy payer"): Omit the
definition.
16. Subsection 31(2): Omit the subsection.
17. After section 115F: Insert: Chairperson of Board to report to eligible
industry body

"115FA. As soon as practicable after a report of a Board has been given to the
Corporation under subsection 115F(1), the Chairperson of the Board must:

   (a)  provide copies of the report to each of the Board's eligible industry
        bodies; and

   (b)  make arrangements with each of the Board's eligible industry bodies to
        attend the next annual conference of the body, or a meeting of the
        executive of the body, for the purpose of enabling:

        (i)    the report to be considered; and

        (ii)   the Chairperson of the Board to deliver an address about:

                (A)  the activities of the Board in the period to which the
                     report relates; and

                (B)  the intended activities of the Board in the financial
                     year following the end of the period; and

        (iii)  the Chairperson of the Board to be questioned about those
               activities.".
18. Sections 115G to 115P (inclusive): Repeal the sections.
19. Application Section 115FA of the
Australian Horticultural Corporation Act 1987 as amended by this Act applies
to an annual report of a Board given under subsection 115F(1) of that Act
after the commencement of this item.
PART 3-FARM HOUSEHOLD SUPPORT ACT 1992
20. Subsection 3(1) (definition of "pension age"): Omit the definition.
21. Subparagraph 7(a)(ii): Omit "and has not reached the pension age".
22. After section 57: Insert: Payments to RAS authorities-reimbursement of
costs of issuing drought exceptional circumstances certificates

"57A.(1) This section applies if a RAS authority incurs costs (whether before
or after the commencement of this section) in connection with the issue of
drought exceptional circumstances certificates.

"(2) The Secretary to the Department of Primary Industries and Energy may
authorise payments to the RAS authority by way of reimbursement of those
costs.

"(3) A payment under this section is to be made out of money appropriated by
the Parliament for the purposes of this section.

"(4) In this section:
'drought exceptional circumstances certificate' has the same meaning as in
section 8A.".
23. Application The amendments made by items 20 and 21 apply in determining a
person's qualification for farm household support in respect of a period
ending after the commencement of this item.
PART 4-HORTICULTURAL RESEARCH AND DEVELOPMENT CORPORATION ACT 1987
24. Paragraph 30(a): After "applies" insert "for the Chairperson or another
member of the Corporation (the 'nominated member')".
25. Paragraphs 30(d) and (e): Omit "the Chairperson", substitute "the
Chairperson or the nominated member, as the case requires,".
26. Application The amendments made by this Part apply in relation to an
annual report of the Corporation relating to the financial year beginning on 1
July 1994 or a later financial year.
PART 5-NORTHERN PRAWN FISHERY VOLUNTARY ADJUSTMENT SCHEME
LOAN GUARANTEE ACT 1985
27. Section 3: Omit all the words after "means the", substitute "Queensland
Fisheries Management Authority constituted by the Fisheries Act 1994 of
Queensland.".
28. Transitional-change of entity that is the Authority

(1) In this item:

"Guarantee Act" means the Northern Prawn Fishery Voluntary Adjustment  Scheme
Loan Guarantee Act 1985 ;

"new Authority" means the Queensland Fisheries Management Authority
constituted by the Fisheries Act 1994 of Queensland;

"old Authority" means the Queensland Fish Management Authority constituted by
the Fishing Industry Organization and Marketing Act 1982 of Queensland.

(2) The Guarantee Act, and any guarantee given under section 5 of the
Guarantee Act, have effect after the commencement of this Part as if the new
Authority were a continuation of the old Authority.
PART 6-RURAL ADJUSTMENT ACT 1992
29. Subsection 3(1): After "this Act" insert ", which are to be pursued on
both a national basis and a regional basis,".
30. Paragraph 3(2)(b): After "support" insert ", either directly or
indirectly,".
31. Paragraph 3(2)(c): Before "to provide" insert "in the case of direct
support to farmers -".
32. Paragraph 3(2)(d): After "through" insert ", but not limited to".
33. Subsection 3(2): Add at the end:

"; and (f) to enable grants of money to be made to persons other than farmers
for purposes relating to rural adjustment; and

   (g)  to enable loans of money (whether secured or unsecured) to be made to
        farmers or other persons for purposes relating to rural adjustment.".
34. Section 4 (definition of "Rural Adjustment Scheme"): Omit the definition,
substitute:

" 'Rural Adjustment Scheme' means:

   (a)  the State component of the Rural Adjustment Scheme; and

   (b)  the scheme embodied in Division 1 of Part 3; and

   (c)  agreements and memoranda under Division 1 of Part 3;".
35. Section 4: Insert:

" 'person' includes:

   (a)  an association, authority, body, institution or other organisation,
        whether incorporated or unincorporated; and

   (b)  a partnership;
'State component of the Rural Adjustment Scheme' means the schemes of support
relating to rural adjustment that are, from time to time, in force under
agreements between the Commonwealth and one or more of the States.".
36. Paragraph 6(3)(d): After "sustainable agriculture," insert "regional
adjustment, regional development,".
37. After paragraph 8(b): Insert:

"(ba) to provide to the Minister regional perspectives on the operations of
the Rural Adjustment Scheme; and".
38. Paragraph 8(c): After "States under the" insert "State component of the".
39. Paragraph 8(d): Before "Rural Adjustment Scheme" (wherever occurring)
insert "State component of the".
40. Part 3 (heading): Omit the heading, substitute:

"PART 3-FINANCIAL AGREEMENTS RELATING TO RURAL ADJUSTMENT

"Division 1-Agreements with persons other than States".
41. Before section 21: Insert: Agreements with persons other than States
Grants of money

"20A.(1) The Minister may, on behalf of the Commonwealth, enter into a written
agreement with a person (other than a State) for the Commonwealth to make one
or more grants of money to the person for purposes relating to rural
adjustment. A grant is subject to such terms and conditions as are set out in
the agreement. Loans of money

"(2) The Minister may, on behalf of the Commonwealth, enter into a written
agreement with a person (other than a State) for the Commonwealth to make one
or more loans of money (whether secured or unsecured) to the person for
purposes relating to rural adjustment. A loan is subject to such terms and
conditions as are set out in the agreement. Payments to be made out of
separate appropriation

"(3) Payments by the Commonwealth under agreements made under this section are
to be made out of money appropriated by the Parliament for the purposes of
this section. Performance requirements

"(4) Unless the Minister otherwise determines, an agreement under this section
must include provisions relating to the following matters:

   (a)  performance requirements;

   (b)  outcomes and/or targets;

   (c)  performance indicators;

   (d)  review and evaluation. This subsection does not, by implication, limit
        the generality of subsection (1) or (2). Compliance with section 20B

"(5) This section has effect subject to section 20B. Memorandum of
understanding about section 20A powers

"20B.(1) The Commonwealth may enter into a memorandum of understanding with a
State about the exercise of the powers conferred on the Minister by section
20A.

"(2) The Minister may enter into an agreement under section 20A that relates,
in whole or in part, to an activity carried on, or proposed to be carried on,
in a particular State only if a memorandum of understanding with that State is
in force under subsection (1).

"(3) In exercising a power conferred on the Minister by section 20A, the
Minister must comply with the terms of any applicable memorandum of
understanding in force under subsection (1).

"(4) A memorandum of understanding under subsection (1) may be set out in the
same document as an agreement under section 20E. Delegation

"20C. The Minister may, by writing, delegate all or any of his or her powers
under section 20A to an officer of the Department who holds or performs the
duties of a Senior Executive Service office. Repayment of grants and loans,
payment of interest etc.

"20D. An amount payable or repayable by a person to the Commonwealth under an
agreement under section 20A is a debt due by the person to the Commonwealth.

"Division 2-State component of the Rural Adjustment Scheme Agreements with
States

"20E. The Commonwealth may enter into an agreement with a State relating to
rural adjustment.".
42. Subsection 21(1): After "payments" insert "(including advances)".
43. Subsection 21(2): Omit "subsection (3)", substitute "subsections (3) and
(4)".
44. Subsections 21(2) and (3): Before "Rural Adjustment Scheme" insert "State
component of the".
45. Subsection 21(3): Omit "In a case", substitute "Subject to subsection (4),
in a case".
46. Section 21: Add at the end:

"(4) The Commonwealth and a State may jointly determine that subsection (2) or
(3), as the case requires, does not apply in relation to a particular matter
arising under an agreement.".
47. After section 21: Insert: Performance requirements

"21A.(1) Unless the Minister otherwise determines, an agreement under this
Division must include provisions relating to the following matters:

   (a)  performance requirements;

   (b)  outcomes and/or targets;

   (c)  performance indicators;

   (d)  review and evaluation.

"(2) The Minister may, by writing, delegate all or any of his or her powers
under subsection (1) to an officer of the Department who holds or performs the
duties of a Senior Executive Service office.

"(3) This section does not, by implication, limit the generality of section
20E or 21. Repayment of grants etc.

"21B. An amount repayable by a State to the Commonwealth under an agreement
under this Division is a debt due by the State to the Commonwealth.

"PART 4-SUPPORT TO BE INALIENABLE".
48. Section 22: After "Support" insert "provided directly to a farmer".
49. After section 22: Insert:

"PART 5-OTHER PAYMENT POWERS NOT LIMITED Other payment powers not limited

"22A. This Act does not, by implication, limit the power of the Commonwealth
to make payments otherwise than under this Act.

"PART 6-REGULATIONS".
50. Transitional-Commonwealth/State agreements

(1) This item applies to an agreement if the agreement:

   (a)  is between the Commonwealth and a State; and

   (b)  relates to rural adjustment; and

   (c)  was in force immediately before the commencement of this item.

(2) The Rural Adjustment Act 1992 (other than section 21A) has effect, after
the commencement of this item, as if the agreement had been entered into under
section 20E of that Act.
NOTE ABOUT SECTION HEADING
1. On the commencement of Part 6 of the Schedule to this Act, the heading to
section 21 of the Rural Adjustment Act 1992 is altered by adding at the end
"with a State".