Senator WOODLEY (3:24 PM) —by leave—I move:

(3) Schedule 1, item 1, page 5 (after line 16), after Subdivision A, insert:

Subdivision AA—Goods other than food

(4) Schedule 1, item 1, page 3 (line 16) to page 5 (line 3), relocate sections 65AB, 65AC and 65AD to page 5 (after line 16), before the heading to Subdivision B and renumber as sections 65AD, 65AE and 65AF.

(5) Schedule 1, item 1, page 5 (lines 4 to 16), renumber sections 65AE and 65AF as sections 65AB and 65AC.

(6) Schedule 1, item 1, page 5 (line 16), after section 65AD, insert:

Subdivision AB—Food

65AFA General test for country of origin representations in relation to food

(1) If:

(a) a corporation makes a representation as to the country of origin of goods; and

(b) the goods are food; and

(c) 75% or more of the cost of producing or manufacturing the goods (as the case may be) is attributable to production or manufacturing processes that occurred in that country; and

(d) the representation is not a representation to which section 65AFB (product of/produce of representations) or section 65AFC (prescribed logo representations) applies;

the corporation does not contravene section 52 or paragraph 53(eb) by reason only of making the representation.

(2) In this Division, food means:

(a) a substance used, or capable of being used, as food or drink by humans; and

(b) a substance used, or capable of being used, as an ingredient or additive in, or in the preparation of, a substance referred to in paragraph (a).

65AFB Test for representations that food is product of/produce of a country

If:

(a) a corporation makes a representation that food is the produce of a particular country (whether the representation uses the words "product of", "produce of" or any other grammatical variation of the word "produce"); and

(b) the country was the country of origin of each significant ingredient or significant component of the food; and

(c) all, or virtually all, processes involved in the production or manufacture happened in that country;

the corporation does not contravene section 52 or paragraph 53(eb) by reason only of making the representation.

65AFC Test for representations made by means of prescribed logo

(1) If:

(a) a corporation makes a representation as to the country of origin of food by means of a logo specified in regulations made under subsection (2); and

(b) the food has been substantially transformed in the country represented by the logo as the country of origin of the food; and

(c) the prescribed percentage of the cost of producing or manufacturing the food (as the case may be) is attributable to production or manufacturing processes that occurred in that country;

the corporation does not contravene section 52 or paragraph 53(eb) by reason only of making the representation.

(2) The regulations may, in relation to a specified logo, prescribe a percentage in the range of 76% to 100% as the percentage applicable to goods for the purposes of paragraph (1)(c).

These amendments give effect to the Democrats' desire to see separate provisions in this legislation for food and non-food goods. In large degree, these amendments arise from a concern expressed to the Economics Legislation Committee inquiry by the Victorian Strawberry Growers Association. They argued that the needs of Australian food producers are different to those who manufacture non-food products. As such, these amendments simply seek to separate those categories within the legislation.

In the inquiry, after speaking to the people from the textile, clothing and footwear industry, it was quite clear that their requirements for labelling were quite different to the requirements of growers and manufacturers of food, et cetera. At the moment the conditions are the same, but it makes it much clearer if you separate within the legislation these two categories.