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Horticulture Marketing and Research and Development Services Bill 2000

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1998-1999-2000

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

THE SENATE

 

 

Horticulture Marketing and Research and Development Services Bill 2000

 

 

Schedule of the amendments made by the Senate

 

 

 

 

 

(1)     Clause 4, page 7 (after line 14), after the definition of officer of the industry services body , insert:

Presiding Officer means:

                     (a)  in relation to the House of Representatives—the Speaker of the House of Representatives; and

                     (b)  in relation to the Senate—the President of the Senate.

(2)     Clause 9, page 12 (lines 5 and 6), omit “That day must be the day on which the declaration was made, or a day that is after that day.”, substitute “That day must not be earlier than the day after the day, or the later of the days (as the case may be), that paragraph (6)(a) is complied with.”.

(3)     Clause 9, page 12 (lines 8 to 10), omit subclause (6), substitute:

             (6)  The Minister must cause a copy of each declaration under this section to be:

                     (a)  laid before each House of the Parliament or, if a House is not sitting, presented to the Presiding Officer of that House for circulation to the members of that House, within 5 sitting days after the declaration is made; and

                     (b)  published in the Gazette within 14 days after the declaration is made.

          (6A)  For the purposes of subsection (6), if a House has been dissolved and the newly-elected House has not met when a declaration is provided to the Presiding Officer, circulation to the persons who were members of that House immediately before the dissolution is taken to be circulation to the members of the House.

          (6B)  To avoid doubt, the function of a Presiding Officer of receiving and circulating a declaration under subsection (6) is a function of the Presiding Officer for the purposes of the Parliamentary Presiding Officers Act 1965 .

(4)     Clause 10, page 13 (lines 22 and 23), omit “That day must be after the day on which the declaration is made.”, substitute “That day must not be earlier than the day after the day, or the later of the days (as the case may be), that paragraph (5)(a) is complied with.”.



(5)     Clause 10, page 13 (lines 25 to 27), omit subclause (5), substitute:

             (5)  The Minister must cause a copy of each declaration under this section to be:

                     (a)  laid before each House of the Parliament or, if a House is not sitting, presented to the Presiding Officer of that House for circulation to the members of that House, within 5 sitting days after the declaration is made; and

                     (b)  published in the Gazette within 14 days after the declaration is made.

          (5A)  For the purposes of subsection (5), if a House has been dissolved and the newly-elected House has not met when a declaration is provided to the Presiding Officer, circulation to the persons who were members of that House immediately before the dissolution is taken to be circulation to the members of the House.

          (5B)  To avoid doubt, the function of a Presiding Officer of receiving and circulating a declaration under subsection (5) is a function of the Presiding Officer for the purposes of the Parliamentary Presiding Officers Act 1965 .

(6)     Clause 29, page 31 (lines 28 to 33), omit subclause (3), substitute:

             (3)  Subject to subsection (3A), where the Minister gives a direction to a body under subsection (1):

                     (a)  the Minister must cause a copy of the direction:

                              (i)  to be published in the Gazette as soon as practicable after giving the direction; and

                             (ii)  to be tabled in each House of the Parliament within 5 sitting days of that House after giving the direction; and

                     (b)  the annual reports of the body applicable to periods in which the direction has effect must include:

                              (i)  particulars of the direction; and

                             (ii)  an assessment of the impact that the direction has had on the operations of the body during the period.

             (4)  Subsection (3) does not apply in relation to a particular direction if:

                     (a)  the Minister, on the recommendation of the industry services body or the industry export control body, determines, in writing, that compliance with the subsection would, or would be likely to, prejudice the commercial activities of the body; or

                     (b)  the Minister determines, in writing, that compliance with the subsection would be contrary to the public interest.

 

 

 

 

 

 

HARRY EVANS

Clerk of the Senate

 

 

The Senate

30 November 2000