Commonwealth Numbered Acts

PRIMARY INDUSTRIES AND ENERGY LEGISLATION AMENDMENT ACT (No. 3) 1989 No. 16, 1990 - SCHEDULE

                                 SCHEDULE                        Section 29

AMENDMENT OF ACTS
PART 1
Australian Meat and Live-stock Research and Development 
Corporation Act 1985  Section 7:
Add at the end the following subsection:

"(5) Subsection (3) does not require the Corporation to obtain the approval of
the Minister for the purpose of investing any amount in accordance with
section 63E of the Audit Act 1901 in its application to the Corporation.".
Subparagraph 24 (1) (a) (ii):
Omit "49", substitute "56". Subsection 37 (2):
Omit the subsection, insert the following subsections:

"(2) The Executive Director is to be appointed on such terms and conditions,
including remuneration and allowances, as are determined, in writing, by the
Corporation and approved, in writing, by the Minister.

"(2A) Subject to subsection (9), the Corporation may, at any time, terminate
the appointment of the Executive Director.". Subsection 37 (9):
Omit "(2)", substitute "(2A)". Subsection 40 (1):
Omit "(2)", substitute "(2A)". Subsection 41 (3):
Omit ", with the approval of the Public Service Board,". After subsection 41
(3):
Insert the following subsection:

"(3A) A person must not be appointed or engaged under subsection (1) on terms
and conditions as to remuneration that:

   (a)  in the case of a person appointed or engaged on a full-time basis -
        are more favourable than the terms and conditions as to remuneration
        on which the Executive Director has been appointed; or

   (b)  in the case of a person appointed or engaged on a part-time basis -
        are more favourable, when considered on a pro rata basis, than the
        terms and conditions as to remuneration on which the Executive
        Director has been appointed.". Paragraph 48 (1) (b):
Omit the paragraph.
Commonwealth Functions (Statutes Review) Act 1981 Part IV:
Repeal the Part.
Honey Levy Collection Act 1962 Subsection 6 (1):
Insert "and section 6A" after "subsection (2)". After section 6:
Insert the following section: Annual payment of levy

"6A. (1) A person liable to pay a levy may apply for exemption from the
requirement to pay levy in respect of each month under subsection 6 (1) if the
person believes that his or her liability in the year in which the application
is made will be less than:

   (a)  the prescribed amount per month for at least 7 months of that year; or

   (b)  the prescribed amount per year for the whole of that year.

"(2) An application must be lodged with the Secretary in a form approved by
the Secretary.

"(3) The Secretary must, within 21 days of the lodgment of the application:

   (a)  make a decision to grant or refuse the application; and

   (b)  notify the applicant in writing of the decision.

"(4) In considering an application, the Secretary must take into account:

   (a)  the applicant's liability under subsection 6 (1) (if any) in the last
        completed year; and

   (b)  any information that is available to the Secretary about the amount of
        the liability that the applicant is likely to incur in the year in
        which the application is made; and

   (c)  any other information that the Secretary thinks is relevant.

"(5) If a person is granted an exemption, the amount of levy is due for
payment on 28 February of the year next following the year in which the honey
was sold or used in the production of other goods, as the case may be, by the
producer.

"(6) Where an exemption is in force, and the person granted the exemption
lodges a return for the year to which the exemption relates, the Secretary
must consider whether to continue the exemption for the next year.

"(7) The Secretary must, within 21 days of the lodgment of the return referred
to in subsection (6):

   (a)  make a decision to continue, or to refuse to continue, the exemption;
        and

   (b)  notify the applicant in writing of the decision.

"(8) In considering whether to extend an exemption under subsection (6), the
Secretary must take into account:

   (a)  the person's liability (if any) under subsection 6 (1) or 6a (5) in
        the last completed year; and

   (b)  any information that is available to the Secretary about the amount of
        the liability that the person is likely to incur in the current year;
        and

   (c)  any other information that the Secretary thinks is relevant.

"(9) The Secretary may, by signed instrument, delegate all or any of the
powers and functions of the Secretary under this section to an officer of the
Department.

"(10) For the purposes of this section:

   (a)  the prescribed amount per month is $100 or, if another amount is
        prescribed for the purposes of this paragraph, that other amount; and

   (b)  the prescribed amount per year is $1,200 or, if another amount is
        prescribed for the purposes of this paragraph, that other amount.".
        Subsection 12A (1):
Omit the subsection, substitute the following subsection:

"(1) An application may be made to the Administrative Appeals Tribunal for
review of a decision made by:

   (a)  the Secretary, or a delegate of the Secretary, under subsection 6a (3)
        or (7); or

   (b)  the Minister, or an authorised person, under subsection 8 (3).".
        Subsection 12A (2):
Omit "notice in writing of a decision made for the purposes of subsection",
substitute "written notice of a decision made under subsection 6A (3), 6A (7)
or".
Honey Marketing Act 1988 Paragraph 35 (1) (a):
Omit "deterimation", substitute "determination". Subsection 62 (1):
Omit "commences", substitute "receives the Royal Assent".
Soil Conservation (Financial Assistance) Act 1985 Subsection 3 (1) (definition
of "State"):
Insert "the Australian Capital Territory and" after "includes". Paragraph 11
(1) (c):
Omit "2 and not more than 4", substitute "5". Paragraph 11 (6) (b):
Omit "2", substitute "5". Subsection 17 (3):
Omit "4 members constitute", substitute "the number of members equal to two
thirds of the current membership constitutes".
PART 2
Barley Research Levy Collection Act 1980 Subsection 5 (1);
Omit "Subject to subsection (2), levy", substitute "Levy". Subsections 5 (2)
and (3):
Omit the subsections, substitute the following subsections:

"(2) For the purposes of this section, each of the following periods is to be
taken to be a quarter:

   (a)  the period of 3 months ending on the prescribed day;

   (b)  the period of 4 months starting on the day after the prescribed day;

   (c)  the period of 3 months starting after the last day of the period
        mentioned in paragraph (b), and each successive period of 3 months.

"(3) In this section:
'prescribed day' means the last day of whichever of the months of February,
May, August or November occurred immediately before the commencement of
subsection 29 (2) of the Primary Industries and Energy Legislation  Amendment
Act (No. 3) 1989 .".
Oilseeds Levy Act 1977 Subsection 4 (1):

   (a)  Omit the definition of "levy year".

   (b)  Insert the following definition:

" 'commencing day' means the day on which subsection 29 (2) of the
Primary Industries and Energy Legislation Amendment Act (No. 3) 1989
commences.". After subsection 4 (1):
Insert the following subsection:

"(1A) For the purposes of this Act, each of the following periods is to be
taken to be a levy year:

   (a)  each period of 12 months in the term starting on 1 November 1977 and
        ending on the 31 October last occurring before the commencing day;

   (b)  the period starting on the day after the end of the term mentioned in
        paragraph (a) and ending on:

        (i)    if the commencing day is the last day of June - the commencing
               day; or

        (ii)   in any other case - the 30 June first occurring after the
               commencing day;

   (c)  the period of 12 months starting on the day after the end of the
        period mentioned in paragraph (b), and each successive period of 12
        months.".
Oilseeds Levy Collection Act 1977 Section 5:
Repeal the section, substitute the following section: Time for payment of levy

"5. (1) Levy on leviable oilseeds is due and payable:

   (a)  28 days (or such longer period as is prescribed) after the end of the
        quarter in which leviable oilseeds are delivered by the grower of the
        leviable oilseeds to another person or are processed by the grower; or

   (b)  if the weight of leviable oilseeds of all kinds delivered to that
        person by the grower, or processed by the grower, in the levy year in
        which that quarter occurs reaches the exempt weight in a later quarter
        - 28 days (or such longer period as is prescribed) after the end of
        that later quarter.

"(2) For the purposes of this section, each of the following periods is to be
taken to be a quarter:

   (a)  the period of 3 months starting on:

        (i)    if the commencing day is the first day of January, April, July
               or October - the commencing day; or

        (ii)   in any other case - the first day of whichever of the months of
               January, April, July or October first begins after the
               commencing day;

   (b)  the period of 3 months starting on the day after the end of the period
        mentioned in paragraph (a), and each successive period of 3 months.

"(3) In this section:
'commencing day' means the day on which subsection 29 (2) of the
Primary Industries and Energy Legislation Amendment Act (No. 3) 1989
commences.".
PART 3
Rural Industries Research Act 1985 Subsection 12 (2):
Omit "and the Wheat Tax (Permit) Act 1984", substitute ", the
Wheat Tax (Permit) Act 1984 and the Wheat Industry Fund Levy Act  1989 ".
Schedule 1, Part V:

   (a)  Add at the end of Column 1 "Levy imposed by Wheat Industry Fund  Levy
        Act 1989 ".

   (b)  Add at the end of Column 2 opposite the words added to the end of
        Column 1 by paragraph (a) "A percentage of the levy referred to in
        Column 1 as determined under subsection 85 (3) of the
        Wheat Marketing Act 1989". Schedule 2, Part II:
Add at the end of Column 1 "Levy imposed by Wheat Industry Fund Levy Act  1989
".
Wheat Marketing Act 1989 Subsection 3 (1):
Insert the following definition:

" 'borrowing', in relation to the Board, includes raising money or obtaining
credit, whether by dealing in securities or otherwise, but does not include
obtaining credit in a transaction forming part of the day-to-day operations of
the Board;". Section 71:
Repeal the section, substitute the following sections: Borrowing by the Board

"71. (1) The Board may, with the written approval of the Minister, borrow
money on terms and conditions specified in, or consistent with, the approval.

"(2) An approval may be given in relation to a particular transaction or a
class of transactions.

"(3) Money may be borrowed under subsection (1) wholly or partly in foreign
currency. Guarantee of borrowing

"71A. (1) The Treasurer may, on behalf of the Commonwealth, enter into a
contract guaranteeing the performance by the Board of obligations incurred by
it under section 71.

"(2) If the Treasurer determines in writing that obligations incurred by the
Board under section 71 are guaranteed by the Commonwealth, the obligations are
so guaranteed by force of this subsection.

"(3) A contract under subsection (1) may include:

   (a)  a provision agreeing that proceedings under the contract may be taken
        in courts of a foreign country; or

   (b)  a provision waving the immunity of the Commonwealth from suit in
        courts of a foreign country.

"(4) This section does not apply to obligations arising out of a borrowing
from the Commonwealth. Borrowing not otherwise permitted

"71B. The Board must not borrow money except under section 71 or 77. Board may
give security

"71C. The Board may give security over the whole or part of its assets for:

   (a)  the performance by the Board of any obligation incurred under section
        71; or

   (b)  the payment to the Commonwealth of amounts equal to amounts paid by
        the Commonwealth under a guarantee under section 71A.". Section 74:
Omit from paragraphs (1) (c) and (4) (c) "or raising" (wherever occurring).
After subsection 77 (2):
Insert the following subsections:

"(2A) An approval may be given in relation to a particular transaction or a
class of transactions.

"(2B) Money may be borrowed under subsection (1) wholly or partly in foreign
currency.". Subsection 78 (1):
Omit "repayment of the borrowing", substitute "discharging of the liability".
After subsection 78 (1):
Insert the following subsection:

"(1A) The Board must not use an amount paid to it under subsection (1) except
for the discharging of the liability concerned.". Subsection 78 (3):
Omit from paragraphs (a) and (b) "repayment of", substitute "discharging of a
liability under". Paragraph 79 (4) (c):
Omit "or raising". Subsection 87 (2):
Omit "39E", substitute "12".