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Queensland
PRIMARY INDUSTRIES
LEGISLATION AMENDMENT
BILL 2002
Queensland
PRIMARY INDUSTRIES LEGISLATION
AMENDMENT BILL 2002
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
PART 2--AMENDMENT OF ANIMAL CARE AND PROTECTION
ACT 2001
3 Act amended in pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Amendment of s 155 (Information notice about forfeiture) . . . . . . . . . . . . . 6
5 Amendment of s 165 (Power to require information about contravention) . 7
PART 3--AMENDMENT OF CHICKEN MEAT INDUSTRY
COMMITTEE ACT 1976
6 Act amended in pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
7 Insertion of new s 22A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
22A Grower's contribution to registration and annual fees . . . . . . . . . . . . 7
PART 4--AMENDMENT OF DAIRY INDUSTRY ACT 1993
8 Act amended in pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
9 Amendment of s 99I (Dissolution of authority) . . . . . . . . . . . . . . . . . . . . . . 8
10 Insertion of new s 99J . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
99J Proceedings by or against authority not about part 3 or 4 . . . . . . . . . 9
PART 5--AMENDMENT OF FISHERIES ACT 1994
11 Act amended in pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
12 Replacement of s 3 (Objectives of Act and their achievement). . . . . . . . . . . 9
3 Main purpose of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
3A How purpose is to be primarily achieved. . . . . . . . . . . . . . . . . . . . . . 11
13 Amendment of s 65 (Transfer of authority (other than permit)) . . . . . . . . . . 11
2
Primary Industries Legislation Amendment Bill 2002
14 Insertion of new ss 65A and 65B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
65A Temporary transfers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
65B Effect of temporary transfer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
15 Omission of pt 5, div 3, sdiv 5A (Leases) . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
16 Amendment of s 67 (Suspension or cancellation of authorities by chief
executive) ............................................. 13
17 Insertion of new pt 5, div 3, sdiv 6A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Subdivision 6A--Death of authority holder
70A Application of sdiv 6A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
70B General effect of death. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
70C Continuance of particular authorities. . . . . . . . . . . . . . . . . . . . . . . . . 14
70D Provisions for changeover to personal representative . . . . . . . . . . . . 15
18 Replacement of s 118 (Statistical returns to be kept) . . . . . . . . . . . . . . . . . . 15
118 Statistical returns to be kept. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
19 Amendment of s 136 (Exercise of powers for Joint Authority fishery
under Queensland law) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
20 Insertion of new s 221A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
221A Approved forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
21 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
PART 6--AMENDMENT OF FOOD PRODUCTION (SAFETY)
ACT 2000
22 Act amended in pt 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
23 Replacement of s 2 (Commencement) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
24 Amendment of s 14 (Functions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
25 Replacement of pt 11, hdg. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
26 Amendment of s 136 (Definitions for pt 8) . . . . . . . . . . . . . . . . . . . . . . . . . . 18
27 Insertion of new pt 11, divs 2 and 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Division 2--Transitional and savings provisions for repeal of Dairy
Industry Act 1993
140A Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
140B Existing licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
140C Variation, suspension and cancellation of licences . . . . . . . . . . . . . . 20
140D Existing tribunal appeals about part 3 or 4 matter . . . . . . . . . . . . . . . 20
3
Primary Industries Legislation Amendment Bill 2002
140E Appeals to court about part 3 or 4 matter . . . . . . . . . . . . . . . . . . . . . 20
140F Proceedings by or against former authority about part 3 or 4 matters 21
140G Liabilities of former authority for part 3 or 4 matters . . . . . . . . . . . . 21
140H Existing authorised persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
140I References to repealed Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
140J Safe Food taken to be the former authority . . . . . . . . . . . . . . . . . . . . 21
Division 3--Transitional and savings provisions for repeal of Meat
Industry Act 1993
140K Definitions for div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
140L Existing accreditations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
140M Existing temporary accreditations . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
140N Variation, suspension and cancellation of accreditation . . . . . . . . . . 24
140O Existing appeals to tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
140P Appeals to court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
140Q Proceedings by or against former authority . . . . . . . . . . . . . . . . . . . . 25
140R Existing meat safety persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
140S References to repealed Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
140T Safe Food taken to be the former authority . . . . . . . . . . . . . . . . . . . . 25
28 Replacement of pt 12 (Repeal and amendment of Acts) . . . . . . . . . . . . . . . . 25
PART 12--REPEAL OF ACTS
141 Repeal of Dairy Industry Act 1993 . . . . . . . . . . . . . . . . . . . . . . . . . . 25
142 Repeal of Meat Industry Act 1993 . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
PART 7--AMENDMENT OF GRAIN INDUSTRY
(RESTRUCTURING) ACT 1991
29 Act amended in pt 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
30 Amendment of s 2 (Objects of this Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
31 Amendment of s 3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
32 Insertion of new pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
PART 5--REVIEWS
34 Review of export wheat marketing arrangements . . . . . . . . . . . . . . . 27
35 Review of Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
PART 8--AMENDMENT OF MEAT INDUSTRY ACT 1993
33 Act amended in pt 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
4
Primary Industries Legislation Amendment Bill 2002
34 Amendment of s 162N (Dissolution of abattoir corporation) . . . . . . . . . . . . 28
35 Insertion of new s 162O . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
162O Proceedings by or against abattoir corporation . . . . . . . . . . . . . . . . . 28
36 Omission of pt 9 (Expiry) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
PART 9--MINOR AND CONSEQUENTIAL AMENDMENTS
37 Acts amended--schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . 30
MINOR AND CONSEQUENTIAL AMENDMENTS
2002
A BILL
FOR
An Act to amend legislation about primary industries
s1 6 s4
Primary Industries Legislation Amendment Bill 2002
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
1 Short title
Clause 3
This Act may be cited as the Primary Industries Legislation Amendment 4
Act 2002. 5
2 Commencement
Clause 6
Sections 14 and 21(2) commence on a day to be fixed by proclamation. 7
PART 2--AMENDMENT OF ANIMAL CARE AND 8
PROTECTION ACT 2001 9
3 Act amended in pt 2
Clause 10
(1) This part amends the Animal Care and Protection Act 2001. 11
(2) The schedule also includes amendments of the Animal Care and 12
Protection Act 2001. 13
4 Amendment of s 155 (Information notice about forfeiture)
Clause 14
Section 155(1), after `or other thing,'-- 15
s5 7 s7
Primary Industries Legislation Amendment Bill 2002
insert-- 1
`other than a seized thing mentioned in section 150(1)(c),1'. 2
5 Amendment of s 165 (Power to require information about
Clause 3
contravention) 4
(1) Section 165, heading `about contravention'-- 5
omit. 6
(2) Section 165(2), after `contravention'-- 7
insert-- 8
`or about whether the direction has been complied with'. 9
PART 3--AMENDMENT OF CHICKEN MEAT 10
INDUSTRY COMMITTEE ACT 1976 11
6 Act amended in pt 3
Clause 12
This part amends the Chicken Meat Industry Committee Act 1976. 13
7 Insertion of new s 22A
Clause 14
Part 3, division 1, after section 22-- 15
insert-- 16
`22A Grower's contribution to registration and annual fees 17
`(1) If an agreement is registered under section 24B,2 the processor under 18
the agreement may recover from the grower under the agreement, as a debt, 19
50% of-- 20
(a) the fee that, under section 24B, the processor paid to apply to 21
register the agreement; and 22
1 Section 150 (Information notice and receipt for seized property)
2 Section 24B (Application for registration)
s8 8 s 10
Primary Industries Legislation Amendment Bill 2002
(b) each annual fee that, under section 24D,3 the processor pays for 1
the agreement. 2
`(2) The processor may set-off an amount owing under subsection (1) 3
against any amount that, under the agreement, the producer owes the 4
grower. 5
`(3) This section applies despite any provision of the agreement.'. 6
PART 4--AMENDMENT OF DAIRY INDUSTRY ACT 7
1993 8
8 Act amended in pt 4
Clause 9
This part amends the Dairy Industry Act 1993. 10
9 Amendment of s 99I (Dissolution of authority)
Clause 11
(1) Section 99I(1)(b) and (c)-- 12
renumber as section 99I(1)(c) and (d) 13
(2) Section 99I(1)-- 14
insert 15
`(b) any other liability of the authority, other than a liability about a 16
matter relating to part 3 or 4,4 becomes a liability of the State; 17
and'. 18
10 Insertion of new s 99J
Clause 19
Part 6A, after section 99I-- 20
insert-- 21
3 Section 24D (Payment of annual fee)
4 Parts 3 (Licensing) and 4 (Industry standards)
For liabilities of the authority about matters relating to parts 3 and 4, see the Food
Production (Safety) Act 2000, part 11, division 2 (Transitional and saving provisions
for repeal of Dairy Industry Act 1993).
s 11 9 s 12
Primary Industries Legislation Amendment Bill 2002
`99J Proceedings by or against authority not about part 3 or 4 1
`(1) A proceeding, other than a proceeding about a matter relating to 2
part 3 or 4, by or against the authority that has not been finished before the 3
dissolution day under section 99I, may be continued and finished by or 4
against the State.5 5
`(2) If, because of an event that happened before the dissolution day, a 6
proceeding, other than a proceeding about part 3 or 4, could have been 7
started by or against the authority, it may be started by or against the 8
State.'. 9
PART 5--AMENDMENT OF FISHERIES ACT 1994 10
11 Act amended in pt 5
Clause 11
(1) This part amends the Fisheries Act 1994. 12
(2) The schedule also includes amendments of the Fisheries Act 1994. 13
12 Replacement of s 3 (Objectives of Act and their achievement)
Clause 14
Section 3-- 15
omit, insert-- 16
`3 Main purpose of Act 17
`(1) The main purpose of this Act is to provide for the use, conservation 18
and enhancement of the community's fisheries resources and fish habitats 19
in a way that seeks to-- 20
(a) apply and balance the principles of ecologically sustainable 21
development; and 22
(b) promote ecologically sustainable development. 23
`(2) In balancing the principles, each principle is to be given the relative 24
emphasis appropriate in the circumstances. 25
5 For proceedings about matters relating to parts 3 and 4, see the Food Production
(Safety) Act 2000, section 140F (Proceedings by or against former authority about
part 3 or 4 matters).
s 12 10 s 12
Primary Industries Legislation Amendment Bill 2002
`(3) In this section-- 1
"ecologically sustainable development" means using, conserving and 2
enhancing the community's fisheries resources and fish habitats so 3
that-- 4
(a) the ecological processes on which life depends are maintained; 5
and 6
(b) the total quality of life, both now and in the future, can be 7
improved. 8
"principles of ecologically sustainable development" means the 9
following principles-- 10
(a) enhancing individual and community wellbeing through 11
economic development that safeguards the wellbeing of future 12
generations; 13
(b) providing fairness within and between generations; 14
(c) protecting biological diversity, ecological processes and 15
life-support systems; 16
(d) in making decisions, effectively integrating fairness and short 17
and long-term economic, environmental and social 18
considerations; 19
(e) considering the global dimension of environmental impacts of 20
actions and policies; 21
(f) considering the need to maintain and enhance competition, in an 22
environmentally sound way; 23
(g) considering the need to develop a strong, growing and diversified 24
economy that can enhance the capacity for environmental 25
protection; 26
(h) that decisions and actions should provide for broad community 27
involvement on issues affecting them; 28
(i) the precautionary principle. 29
"precautionary principle" means the principle that, if there is a threat of 30
serious or irreversible environmental damage, lack of scientific 31
certainty should not be used as a reason to postpone measures to 32
prevent environment degradation, or possible environmental 33
degradation, because of the threat. 34
s 13 11 s 14
Primary Industries Legislation Amendment Bill 2002
`3A How purpose is to be primarily achieved 1
`The main purpose of this Act is to be primarily achieved by-- 2
(a) giving the chief executive appropriate powers to perform the 3
chief executive's functions under this Act; and 4
(b) providing for the following-- 5
(i) the management and protection of fish habitats; 6
(ii) the management of commercial, recreational and 7
indigenous fishing; 8
(iii) the prevention, control and eradication of disease in fish; 9
(iv) the management of aquaculture.'. 10
13 Amendment of s 65 (Transfer of authority (other than permit))
Clause 11
Section 65(2)(a)-- 12
omit, insert-- 13
`(a) be made-- 14
(i) jointly by each holder of the authority and the proposed 15
transferee; and 16
(ii) to the chief executive, in the approved form; and'. 17
14 Insertion of new ss 65A and 65B
Clause 18
After section 65-- 19
insert-- 20
`65A Temporary transfers 21
`(1) A transfer under section 65(1) may provide that it is only for a stated 22
period fixed by the chief executive (a "temporary transfer"). 23
`(2) The stated period-- 24
(a) may, subject to paragraphs (b) to (d), be fixed by reference to the 25
happening of a stated event; and 26
27
Example for paragraph (a)--
28
If the entitlement under the relevant authority is subject to a quota, the start
29
or end of the period may be fixed by reference to the start or end of the
30
restriction the subject of the quota.
s 14 12 s 14
Primary Industries Legislation Amendment Bill 2002
(b) must not start before the day the chief executive approves the 1
application in writing; and 2
(c) must not be longer than the term of the authority; and 3
(d) must be at least 28 days. 4
`(3) If an authority is subject to a temporary transfer (the "first 5
transfer"), a further temporary transfer of the authority may be granted for 6
a stated period not longer than the period of the first transfer. 7
`(4) If the chief executive decides to grant an application for a temporary 8
transfer, the chief executive must, as soon as practicable, give the 9
applicants written notice stating the following-- 10
(a) that the authority has been transferred temporarily; 11
(b) the names of-- 12
(i) the holder from whom the authority was transferred; and 13
(ii) the transferee; 14
(c) the period of the transfer; 15
(d) conditions the chief executive has, under section 65(4)(b), 16
imposed on the transfer. 17
`65B Effect of temporary transfer 18
`(1) This section applies for a temporary transfer until-- 19
(a) generally--the end of the period for which the transfer is 20
granted; or 21
(b) if, during the period, the chief executive receives a signed notice 22
from each interested party that the transfer has ended--the chief 23
executive's receipt of the notice. 24
`(2) A reference in the following to the holder of the transferred 25
authority, or to the holder of an authority, is, if the context permits, taken to 26
include a reference to the transferee as if the transferee were the holder of 27
the transferred authority-- 28
(a) a provision of this Act, other than section 4, 56, 57, 63(4)(d) 29
and (5), 72 or 73; 30
(b) a regulation or management plan; 31
(c) the conditions of the transferred authority. 32
s 15 13 s 16
Primary Industries Legislation Amendment Bill 2002
`(3) The things authorised by the transferred authority-- 1
(a) may be done by the transferee as if the transferee were the person 2
who was the holder of the authority immediately before the 3
temporary transfer was granted (the "original holder"); and 4
(b) can not be done by original holder. 5
`(4) Despite the temporary transfer, the original holder continues to be 6
the holder of the transferred authority. 7
`(5) If a further temporary transfer is granted for the transferred 8
authority, subsections (2) to (4) apply to the transferee under the first 9
temporary transfer as if a reference to the original holder includes that 10
transferee. 11
`(6) In this section-- 12
"interested party" means-- 13
(a) the original holder; and 14
(b) the transferee; and 15
(c) if a further temporary transfer is granted for the transferred 16
authority--the transferee under that transfer; and 17
(d) anyone else who is noted on the register the chief executive keeps 18
under section 73 as having an interest in the authority.'. 19
15 Omission of pt 5, div 3, sdiv 5A (Leases)
Clause 20
Part 5, division 3, subdivision 5A-- 21
omit. 22
16 Amendment of s 67 (Suspension or cancellation of authorities by
Clause 23
chief executive) 24
Section 67(1), after `on'-- 25
insert-- 26
`any of'. 27
s 17 14 s 17
Primary Industries Legislation Amendment Bill 2002
17 Insertion of new pt 5, div 3, sdiv 6A
Clause 1
Part 5, division 3-- 2
insert-- 3
`Subdivision 6A--Death of authority holder 4
`70A Application of sdiv 6A 5
`This subdivision applies if an individual is a holder of an authority and 6
the individual dies. 7
`70B General effect of death 8
`Subject to section 70C, on the individual's death-- 9
(a) the individual ceases to be a holder of the authority; and 10
(b) the individual's entitlement as a holder of the authority ceases. 11
`70C Continuance of particular authorities 12
`(1) This section applies only if the authority is of a type prescribed 13
under a regulation or management plan. 14
`(2) If, immediately before the individual's death, the individual was the 15
only holder of the authority-- 16
(a) the authority continues in force, subject to this Act; and 17
(b) the individual's personal representative becomes the holder of 18
the authority. 19
`(3) If, immediately before the death, there was more than 1 holder of the 20
authority-- 21
(a) the individual's personal representative becomes a holder of the 22
authority; and 23
(b) the other holders of the authority continue to be holders of the 24
authority, unaffected by the individual's death. 25
`(4) A personal representative who, under this section, becomes a holder 26
takes the entitlement the individual had under the authority immediately 27
before the death. 28
s 18 15 s 19
Primary Industries Legislation Amendment Bill 2002
`70D Provisions for changeover to personal representative 1
`(1) This section applies if, under section 70C, a personal representative 2
(the "new holder") becomes a holder of the authority. 3
`(2) The change in the holdership to the new holder is taken to be a 4
circumstance for section 73(3).6 5
`(3) Until the change is recorded in the register the chief executive keeps 6
under section 73(1), a notice under this Act from the chief executive to the 7
new holder may be given at the deceased individual's address last known to 8
the chief executive.'. 9
18 Replacement of s 118 (Statistical returns to be kept)
Clause 10
Section 118-- 11
omit, insert-- 12
`118 Statistical returns to be kept 13
`(1) A regulation or management plan, or the chief executive by written 14
notice, may require a person to-- 15
(a) keep, in the approved form, stated records, documents or other 16
information about a fishery or fisheries resources; and 17
(b) give the chief executive the records, documents or other 18
information in a stated way, or at stated times. 19
`(2) Subsection (1) applies whether or not the person performs activities 20
by way of fishing or other activities at the relevant time. 21
`(3) A person of whom a requirement mentioned in subsection (1) has 22
been made must comply with the requirement. 23
Maximum penalty for subsection (3)--500 penalty units.'. 24
19 Amendment of s 136 (Exercise of powers for Joint Authority
Clause 25
fishery under Queensland law) 26
(1) Section 136(3)-- 27
omit, insert-- 28
6 Section 73 (Registers of authorities)
s 20 16 s 21
Primary Industries Legislation Amendment Bill 2002
`(3) The Joint Authority for the fishery has, to the exclusion of the chief 1
executive, all the chief executive's functions and powers for the fishery.'. 2
(2) Section 136(4), from `were'-- 3
omit, insert-- 4
`were the chief executive.'. 5
20 Insertion of new s 221A
Clause 6
After section 221-- 7
insert-- 8
`221A Approved forms 9
`The chief executive may approve forms for use under this Act, other 10
than for part 9.7'. 11
21 Amendment of schedule (Dictionary)
Clause 12
(1) Schedule-- 13
insert-- 14
` "approved form" means a form approved by the chief executive under 15
section 221A. 16
"entitlement", for the holder of an authority, means the things that, under 17
section 52, the holder is authorised to do as the holder of the 18
authority.'. 19
(2) Schedule-- 20
insert-- 21
` "temporary transfer" see section 65A(1).'. 22
7 Part 9 (Administrative appeals)
s 22 17 s 25
Primary Industries Legislation Amendment Bill 2002
PART 6--AMENDMENT OF FOOD PRODUCTION 1
(SAFETY) ACT 2000 2
22 Act amended in pt 6
Clause 3
This part amends the Food Production (Safety) Act 2000. 4
23 Replacement of s 2 (Commencement)
Clause 5
Section 2-- 6
omit, insert-- 7
`2 Commencement 8
`(1) The following provisions commence on a day to be fixed by 9
proclamation-- 10
(a) parts 5 to 8; 11
(b) part 11, divisions 2 and 3; 12
(c) part 12. 13
`(2) However, if no day has been fixed by 1 January 2004, the provisions 14
commence on that day. 15
`(3) The Acts Interpretation Act 1954, section 15DA8 does not apply to 16
this Act.'. 17
24 Amendment of s 14 (Functions)
Clause 18
Section 14(h), `carry out'-- 19
omit, insert-- 20
`conduct'. 21
25 Replacement of pt 11, hdg
Clause 22
Part 11, heading-- 23
omit, insert-- 24
8 Acts Interpretation Act 1954, section 15DA (Automatic commencement of
postponed law)
s 26 18 s 27
Primary Industries Legislation Amendment Bill 2002
`PART 11--TRANSITIONAL AND SAVINGS 1
PROVISIONS 2
`Division 1--Transitional and savings provisions for Act No. 45 of 2000'. 3
26 Amendment of s 136 (Definitions for pt 8)
Clause 4
(1) Section 136, heading `pt 8'-- 5
omit, insert-- 6
`div 1'. 7
(2) Section 136, `part'-- 8
omit, insert-- 9
`division'. 10
27 Insertion of new pt 11, divs 2 and 3
Clause 11
Part 11, after section 140-- 12
insert-- 13
`Division 2--Transitional and savings provisions for repeal of Dairy 14
Industry Act 1993 15
`140A Definitions for div 2 16
`In this division-- 17
"commencement" means the commencement of the section in which it 18
appears. 19
"dissolution day" means the dissolution day for the former authority 20
under the repealed Act, section 99I.9 21
"former authority" means the former Queensland Dairy Authority 22
established under the repealed Act. 23
9 Repealed Act, section 99I (Dissolution of authority)
s 27 19 s 27
Primary Industries Legislation Amendment Bill 2002
"part 3 or 4 matter" means a matter that relates to the repealed Act, part 3 1
or 4.10 2
"repealed Act" means the repealed Dairy Industry Act 1993. 3
"tribunal" means the Dairy Industry Tribunal established under the 4
repealed Act. 5
`140B Existing licences 6
`(1) This section applies to a person who, immediately before the 7
commencement, held a licence under the repealed Act. 8
`(2) The person, on the commencement, is taken to be the holder of an 9
accreditation for the same business in the dairy industry as the licence 10
authorised. 11
`(3) The parts of the person's Quality Assurance Program about food 12
safety issues are taken to be the person's food safety program. 13
`(4) Safe Food must review the person's food safety program within 14
1 year after the commencement to decide if the person's program is an 15
approved program. 16
`(5) Until Safe Food reviews the food safety program, the program is 17
taken to be the approved program for the accreditation. 18
`(6) If the licence held by the person immediately before the 19
commencement was subject to a restriction or condition, the accreditation 20
the person is taken to hold on the commencement is also taken to be subject 21
to a condition in the same terms, so far as practicable, as the restriction or 22
condition. 23
`(7) The accreditation the person is taken to hold ends, unless sooner 24
cancelled or suspended, on the earlier of the following days-- 25
(a) the day the balance of the licence period ends; 26
(b) if Safe Food grants an accreditation under section 48 of the Act,11 27
the day the accreditation is granted. 28
`(8) If Safe Food grants an accreditation before the licence period ends, 29
Safe Food must refund the person the proportion of the licence fee paid for 30
any unused part of the licence period for which the fee was paid. 31
10 Repealed Act, part 3 (Licensing) or 4 (Industry standards)
11 Section 48 (Grant or renewal of accreditation) of the Act
s 27 20 s 27
Primary Industries Legislation Amendment Bill 2002
`(9) In this section-- 1
"balance of the licence period" means the part of the licence period after 2
the commencement. 3
"licence period", for a licence, means the period for which the licence was 4
granted under the repealed Act, starting on the day the licence was 5
granted. 6
"Quality Assurance Program" means a program approved by the former 7
authority under the repealed Act. 8
`140C Variation, suspension and cancellation of licences 9
`If, before the commencement, the former authority-- 10
(a) has given a person written notice of a proposed variation, 11
suspension or cancellation of the person's licence; and 12
(b) has not made a decision about the proposed variation, suspension 13
or cancellation; 14
the decision must be made under the repealed Act. 15
`140D Existing tribunal appeals about part 3 or 4 matter 16
`If, before the dissolution day, an appeal to the tribunal about a part 3 17
or 4 matter has not been decided, it may be continued before, and finished 18
by, the tribunal as if this Act had not been enacted. 19
`140E Appeals to court about part 3 or 4 matter 20
`(1) If before the dissolution day-- 21
(a) a person had appealed to a court against a decision of the former 22
authority or the tribunal about a part 3 or 4 matter; and 23
(b) the appeal had not been decided; 24
the court may hear, or continue to hear, and decide the appeal under that 25
Act as if it had not been repealed. 26
`(2) If -- 27
(a) because of an event that happened before the dissolution day, a 28
person could have appealed to a court against a decision of the 29
former authority about a part 3 or 4 matter; and 30
s 27 21 s 27
Primary Industries Legislation Amendment Bill 2002
(b) the person had not appealed before the dissolution day; 1
the person may appeal under that the repealed Act as if it had not been 2
repealed. 3
`140F Proceedings by or against former authority about part 3 or 4 4
matters 5
`(1) A proceeding by or against the former authority about a part 3 or 4 6
matter that has not been finished before the dissolution day may be 7
continued and finished by or against Safe Food. 8
`(2) If, because of an event that happened before the dissolution day, a 9
proceeding could have been started by or against the former authority 10
about a part 3 or 4 matter, it may be started by or against Safe Food.12 11
`140G Liabilities of former authority for part 3 or 4 matters 12
`On the dissolution day, a liability of the former authority about a part 3 13
or 4 matter becomes a liability of Safe Food.13 14
`140H Existing authorised persons 15
`A person who held an appointment as an authorised person under the 16
repealed Act immediately before the commencement is taken to be 17
appointed as an authorised person under this Act. 18
`140I References to repealed Act 19
`In an Act or document, a reference to the repealed Act may, if the 20
context permits, be taken as a reference to this Act. 21
`140J Safe Food taken to be the former authority 22
`In an Act or document, a reference to the former authority must, if the 23
context permits, be taken to be a reference to Safe Food. 24
12 For other proceedings, see the repealed Act, section 99J (Proceedings by or against
authority not about part 3 or 4).
13 For other liabilities, see the repealed Act, section 99I (Dissolution of authority).
s 27 22 s 27
Primary Industries Legislation Amendment Bill 2002
`Division 3--Transitional and savings provisions for repeal of Meat 1
Industry Act 1993 2
`140K Definitions for div 3 3
`In this division-- 4
"commencement" means the commencement of the section in which it 5
appears. 6
"former authority" means the former Queensland Livestock and Meat 7
Authority established under the repealed Act. 8
"repealed Act" means the repealed Meat Industry Act 1993. 9
"tribunal" means the Meat Industry Tribunal established under the 10
repealed Act. 11
`140L Existing accreditations 12
`(1) This section applies to a person who, immediately before the 13
commencement, held an accreditation under the repealed Act. 14
`(2) The person, on the commencement, is taken to be the holder of an 15
accreditation for the same business in the meat industry as the accreditation 16
under the repealed Act authorised. 17
`(3) The parts of the person's program of production about food safety 18
issues are taken to be the person's food safety program. 19
`(4) Safe Food must review the person's food safety program within 20
1 year after the commencement to decide if the person's program is an 21
approved program. 22
`(5) Until Safe Food reviews the food safety program, the program is 23
taken to be the approved program for the accreditation. 24
`(6) If the accreditation held by the person immediately before the 25
commencement was subject to a restriction or condition, the accreditation 26
the person is taken to hold on the commencement is also taken to be subject 27
to a condition in the same terms, so far as practicable, as the restriction or 28
condition. 29
`(7) The accreditation the person is taken to hold ends, unless sooner 30
cancelled or suspended, on the earlier of the following days-- 31
(a) the day the balance of the accreditation period ends; 32
s 27 23 s 27
Primary Industries Legislation Amendment Bill 2002
(b) if Safe Food grants an accreditation under section 48 of the Act,14 1
the day the accreditation is granted. 2
`(8) If Safe Food grants an accreditation before the accreditation period 3
ends, Safe Food must refund the person the proportion of the accreditation 4
fee for the unused part of the accreditation period. 5
`(9) In this section-- 6
"accreditation fee", for an accreditation, means the fee paid for 7
accreditation granted under the repealed Act. 8
"accreditation period", for an accreditation, means the period for which 9
the accreditation was granted under the repealed Act, starting on the 10
day the accreditation was granted. 11
"balance of the accreditation period" means the part of the accreditation 12
period after the commencement. 13
"program of production" means a program approved by the former 14
authority under the repealed Act. 15
`140M Existing temporary accreditations 16
`(1) This section applies to a person who, immediately before the 17
commencement, held a temporary accreditation under the repealed Act. 18
`(2) The person, on the commencement, is taken to be the holder of a 19
temporary accreditation for the same business in the meat industry as the 20
temporary accreditation authorised. 21
`(3) The parts of the person's program of production about food safety 22
issues are taken to be the approved program. 23
`(4) The temporary accreditation remains in force until the earlier of the 24
following happens-- 25
(a) the end of the period stated in the temporary accreditation; 26
(b) the accreditation applied for is granted, or the application is 27
refused, under section 46(1); 28
(c) a temporary accreditation is granted under section 47(1). 29
`(5) In this section-- 30
14 Section 48 (Grant or renewal of accreditation) of the Act
s 27 24 s 27
Primary Industries Legislation Amendment Bill 2002
"program of production" means a program approved by the former 1
authority under the repealed Act. 2
`140N Variation, suspension and cancellation of accreditation 3
`If, before the commencement, the former authority-- 4
(a) has given a person written notice of a proposed variation, 5
suspension or cancellation of the person's accreditation; and 6
(b) has not made a decision about the proposed variation, suspension 7
or cancellation; 8
the decision must be made under the repealed Act. 9
`140O Existing appeals to tribunal 10
`(1) This section applies if an appeal has been made to the tribunal, but 11
not decided, under the repealed Act. 12
`(2) The proceeding may be continued before, and completed by, the 13
tribunal as if this Act had not been enacted. 14
`140P Appeals to court 15
`(1) If-- 16
(a) a person had appealed to a court under the repealed Act before 17
the commencement against a decision of the former authority or 18
the tribunal; and 19
(b) the appeal had not been decided before the commencement; 20
the court may hear, or continue to hear, and decide the appeal under that 21
Act as if it had not been repealed. 22
`(2) If-- 23
(a) because of an event that happened before the commencement a 24
person could have appealed to a court under the repealed Act 25
against a decision of the former authority or the tribunal; and 26
(b) the person had not appealed before the commencement; 27
the person may appeal under that Act as if it had not been repealed. 28
s 28 25 s 28
Primary Industries Legislation Amendment Bill 2002
`140Q Proceedings by or against former authority 1
`(1) A proceeding by or against the former authority that has not been 2
finished before the commencement may be continued and finished by or 3
against Safe Food. 4
`(2) If, because of an event that happened before the commencement, a 5
proceeding could have been started by or against the former authority, it 6
may be started by or against Safe Food. 7
`140R Existing meat safety persons 8
`A person who held an appointment as a meat safety person under the 9
repealed Act immediately before the commencement is taken to be 10
appointed as an authorised person under this Act. 11
`140S References to repealed Act 12
`In an Act or document, a reference to the repealed Act may, if the 13
context permits, be taken as a reference to this Act. 14
`140T Safe Food taken to be the former authority 15
`In an Act or document, a reference to the authority must, if the context 16
permits, be taken to be a reference to Safe Food.'. 17
28 Replacement of pt 12 (Repeal and amendment of Acts)
Clause 18
Part 12-- 19
omit, insert-- 20
`PART 12--REPEAL OF ACTS 21
`141 Repeal of Dairy Industry Act 1993 22
`(1) The Dairy Industry Act 1993 is repealed. 23
s 29 26 s 30
Primary Industries Legislation Amendment Bill 2002
`(2) The Dairy Industry Act 1993, sections 99I and 99J are declared to be 1
laws to which the Acts Interpretation Act 1954, section 20A applies.15 2
`142 Repeal of Meat Industry Act 1993 3
`(1) The Meat Industry Act 1993 is repealed. 4
`(2) The Meat Industry Act 1993, parts 7 and 7B are declared to be laws 5
to which the Acts Interpretation Act 1954, section 20A applies.16'. 6
PART 7--AMENDMENT OF GRAIN INDUSTRY 7
(RESTRUCTURING) ACT 1991 8
29 Act amended in pt 7
Clause 9
(1) This part amends the Grain Industry (Restructuring) Act 1991. 10
(2) The schedule also includes amendments of the Grain Industry 11
(Restructuring) Act 1991. 12
30 Amendment of s 2 (Objects of this Act)
Clause 13
Section 2-- 14
insert-- 15
`(f) to provide for a review of export marketing arrangements for 16
wheat produced in the State when, under the Wheat Marketing 17
Act 1989 (Cwlth), national arrangements for wheat marketing are 18
reviewed.'. 19
15 Dairy Industry Act 1993, sections 99I (Dissolution of authority) and 99J
(Proceedings by or against authority not about part 3 or 4).
Acts Interpretation Act 1954, section 20A (Repeal does not end saving, transitional
or validating effect etc.).
16 Meat Industry Act 1993, parts 7 (Queensland abattoir corporation) and 7B
(Administration and winding-up of abattoir corporation)
s 31 27 s 32
Primary Industries Legislation Amendment Bill 2002
31 Amendment of s 3 (Definitions)
Clause 1
Section 3, definition "inspector"-- 2
omit. 3
32 Insertion of new pt 5
Clause 4
After section 33-- 5
insert-- 6
`PART 5--REVIEWS 7
`34 Review of export wheat marketing arrangements 8
`(1) This section applies if the report mentioned in the Wheat Marketing 9
Act 1989 (Cwlth), section 57(7),17 has been given. 10
`(2) The Minister must, as soon as practicable, cause to be conducted a 11
public review of the options for the future marketing of wheat produced in 12
the State for the export market. 13
`(3) The terms of reference for the review are the terms of reference fixed 14
by the Minister. 15
`(4) However, before fixing the terms of reference, the Minister must 16
make reasonable endeavours to consult with Grainco and each organisation 17
representing growers or marketers of wheat produced in the State for the 18
export market. 19
`(5) The review must be conducted consistently with the competition 20
principles agreement. 21
`(6) If the agreement requires a public benefit test, it must be applied to 22
of all the options. 23
`(7) The Minister must, within 3 months after the review is finished, 24
table a report about the outcome of the review in the Legislative Assembly. 25
17 Wheat Marketing Act 1989 (Cwlth), section 57 (Control of export of wheat)
s 33 28 s 35
Primary Industries Legislation Amendment Bill 2002
`35 Review of Act 1
`(1) The Minister must review this Act within 5 years after the 2
commencement of this section to decide whether the provisions of this Act 3
remain appropriate. 4
`(2) The Minister must, as soon as practicable after finishing the review, 5
table a report about the outcome of the review in the Legislative 6
Assembly.'. 7
PART 8--AMENDMENT OF MEAT INDUSTRY ACT 8
1993 9
33 Act amended in pt 8
Clause 10
This part amends the Meat Industry Act 1993. 11
34 Amendment of s 162N (Dissolution of abattoir corporation)
Clause 12
(1) Section 162N(1)(b) and (c)-- 13
renumber as section 162N(1)(c) and (d). 14
(2) Section 162N(1)-- 15
insert-- 16
`(b) any other liability of the abattoir corporation becomes a liability 17
of the State; and'. 18
35 Insertion of new s 162O
Clause 19
Part 7B, after section 162N-- 20
insert-- 21
`162O Proceedings by or against abattoir corporation 22
`(1) A proceeding by or against the abattoir corporation that has not been 23
finished before the dissolution day under section 162N may be continued 24
and finished by or against the State. 25
s 36 29 s 37
Primary Industries Legislation Amendment Bill 2002
`(2) If, because of an event that happened before the dissolution day, a 1
proceeding could have been started by or against the abattoir corporation, it 2
may be started by or against the State.'. 3
36 Omission of pt 9 (Expiry)
Clause 4
Part 9-- 5
omit. 6
PART 9--MINOR AND CONSEQUENTIAL 7
AMENDMENTS 8
37 Acts amended--schedule
Clause 9
The schedule amends the Acts it mentions. 10
30
Primary Industries Legislation Amendment Bill 2002
SCHEDULE 1
MINOR AND CONSEQUENTIAL AMENDMENTS 2
sections 3(2), 11(2), 29(2) and 37 3
ANIMAL CARE AND PROTECTION ACT 2001 4
1 Section 18(2)(g)(ii), second occurring-- 5
renumber as section 18(2)(g)(iii). 6
2 Section 152(2)(b), `State'-- 7
omit, insert-- 8
`the State'. 9
FISHERIES ACT 1994 10
1 Sections 53(a), 54(1)(a), 56(4)(a), 71(2)(a), 73(3) and (6), 74(3), 11
113(1)(a), `form approved by the chief executive-- 12
omit, insert-- 13
`approved form'. 14
2 Sections 72(2) and 143(2)(b), `a form approved by the chief 15
executive'-- 16
omit, insert-- 17
`an approved form'. 18
31
Primary Industries Legislation Amendment Bill 2002
SCHEDULE (continued)
3 Section 73(6), `other than a lease'-- 1
omit. 2
4 Section 144(3), `subsection (1)'-- 3
omit, insert-- 4
`subsection (2)'. 5
GRAIN INDUSTRY (RESTRUCTURING) ACT 1991 6
1 Section 3, definition "expiry date"-- 7
omit. 8
2 Part 2, heading, `AND REVIEW'-- 9
omit. 10
3 Section 10(2)(b), `the expiry date'-- 11
omit, insert-- 12
`30 June 2002'. 13
4 Section 61(1)(d)-- 14
omit. 15
5 Section 61(1)(e)-- 16
renumber as section 61(1)(d). 17
32
Primary Industries Legislation Amendment Bill 2002
SCHEDULE (continued)
POLICE POWERS AND RESPONSIBILITIES ACT 2000 1
1 Section 66(2)(d)(i), `; and'-- 2
omit, insert-- 3
`; or'. 4
2 Section 66(2)(e), `animal.'-- 5
omit, insert-- 6
`animal;'. 7
PRIMARY INDUSTRY BODIES REFORM ACT 1999 8
1 Section 84(2)(c), after `milk'-- 9
omit, insert-- 10
`(as defined under the repealed Dairy Industry Act 1993);'. 11
2 Section 84(3)(c), `holds'-- 12
omit, insert-- 13
`would, if the Dairy Industry Act 1993 had not been repealed, be the 14
holder of'. 15
33
Primary Industries Legislation Amendment Bill 2002
SCHEDULE (continued)
STOCK ACT 1915 1
1 Section 20(6), `a meat safety officer under the Meat Industry Act 2
1993'-- 3
omit, insert-- 4
`an approved auditor under the Food Production (Safety) Act 2000'. 5
VETERINARY SURGEONS ACT 1936 6
1 Section 18(3), `surgery'-- 7
omit, insert-- 8
`science'. 9
2 Section 25, definition "disqualifying offence", paragraph (c), after 10
`animals'-- 11
insert-- 12
`or an animal welfare offence within the meaning of the Animal Care 13
and Protection Act 2001'. 14
3 Section 34(1), `or the Agricultural Standards Act 1952'-- 15
omit. 16
4 Section 34(1A) to (2)-- 17
omit. 18
© State of Queensland 2002
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