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Horticulture Marketing and Research and Development Services Bill 2000

Part 1 Preliminary

   

1   Short title

                   This Act may be cited as the Horticulture Marketing and Research and Development Services Act 2000 .

2   Commencement

             (1)  Subject to this section, this Act commences on the day on which it receives the Royal Assent.

             (2)  Parts 3 and 4 commence at the same time as Schedule 1 to the Horticulture Marketing and Research and Development Services (Repeals and Consequential Provisions) Act 2000 .

3   Simplified outline

                   The following is a simplified outline of this Act and some related material.

This Act provides for a company to be declared as the industry services body for the Australian horticultural industry and a company to be declared as the industry export control body. The same company could be declared to be both bodies (see Part 2).

This Act provides for the industry services body to receive funding from the Commonwealth (see Part 3).

It also requires the industry services body and the industry export control body to act in accordance with a deed of agreement, which imposes obligations on the body and contains details about the body’s accountability to the Commonwealth.

The Act and the deed provide consequences for breach of the deed. These include ceasing to be declared (see section 10), being subject to an injunction (see section 27) or, in the case of the industry services body, suspension or recovery of funding (see section 16 and the deed). The text of the deed is not included in the Act but it is publicly available (see section 14).

The Horticulture Marketing and Research and Development Services (Repeals and Consequential Provisions) Act 2000 abolishes the Australian Horticultural Corporation, the Horticultural Research and Development Corporation and the Australian Dried Fruits Board. It also deals with matters arising from the transition to the new bodies, such as transfer of staff and assets from the Corporations and a 2 year period to phase in the new export control system provided for in Part 4 of this Act.

4   Definitions

                   In this Act, unless the contrary intention appears:

acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.

actionable conduct means conduct by the industry services body or the industry export control body that constitutes a breach of:

                     (a)  this Act; or

                     (b)  the regulations; or

                     (c)  orders made under this Act; or

                     (d)  the deed of agreement.

APS employee has the same meaning as in the Public Service Act 1999 .

Australia includes the external Territories.

Commonwealth record has the same meaning as in the Archives Act 1983 .

deed of agreement means:

                     (a)  in relation to the industry services body:

                              (i)  the deed of agreement that specifies that it is executed for the purposes of subsection 12(1); and

                             (ii)  any variations made to the deed of agreement under section 13; and

                     (b)  in relation to the industry export control body:

                              (i)  the deed of agreement that specifies that it is executed for the purposes of subsection 12(2); and

                             (ii)  any variations made to the deed of agreement under section 13.

eligible R&D expenditure means the amount determined in accordance with the deed of agreement in relation to the industry services body to be the industry services body’s eligible R&D expenditure.

export means export from Australia.

horticultural industry means any industry carried on in Australia in connection with:

                     (a)  producing horticultural products by growing, harvesting or processing horticultural products; or

                     (b)  marketing and any other handling, storing, transporting, processing or supplying of horticultural products.

horticultural product means:

                     (a)  fruits, including processed fruits; and

                     (b)  vegetables, including:

                              (i)  processed vegetables; and

                             (ii)  mushrooms and other edible fungi; and

                            (iii)  processed mushrooms and other processed edible fungi; and

                     (c)  nuts, including processed nuts; and

                     (d)  nursery products, including:

                              (i)  trees, shrubs, plants, seeds, bulbs, corms and tubers; and

                             (ii)  propagating material and plant tissue cultures, grown for ornamental purposes or for producing fruits, vegetables, nuts or cut flowers and foliage; and

                     (e)  cut flowers and foliage, including processed cut flowers and foliage; and

                      (f)  products prescribed for the purposes of this paragraph.

industry assets and liabilities , in relation to a body that is, or was, the industry services body or the industry export control body, means:

                     (a)  the statutory records of the body; and

                     (b)  the assets and liabilities of the body that are determined to be the industry assets and liabilities of the body in accordance with the deed of agreement entered into between the body and the Commonwealth under section 12.

industry export control body means the body for the time being declared to be the industry export control body under subsection 9(2).

industry services body means the body for the time being declared to be the industry services body under subsection 9(1).

just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.

levy & charge collector means a person:

                     (a)  who is responsible for the collection of amounts for payment to the Commonwealth under:

                              (i)  section 7 or 7A of the repealed Horticultural Levy Collection Act 1987 ; or

                             (ii)  section 7 or 7A of the repealed Horticultural Export Charge Collection Act 1987 ; or

                            (iii)  section 7 or 9 of the Primary Industries Levies and Charges Collection Act 1991 ; or

                     (b)  who has agreed to collect amounts on behalf of the Commonwealth under:

                              (i)  subsection 7B(1) of the repealed Horticultural Levy Collection Act 1987 ; or

                             (ii)  subsection 7B(1) of the repealed Horticultural Export Charge Collection Act 1987 ; or

                            (iii)  subsection 10(1) or 11(1) of the Primary Industries Levies and Charges Collection Act 1991 .

market means a specified place.

marketing means activities intended to improve the meeting of customer needs (including processing, handling, transporting, storing, promoting and selling) but does not include research and development.

marketing amounts means:

                     (a)  amounts of levy imposed under subclause 2(1) of Schedule 15 to the Primary Industries (Excise) Levies Act 1999 at a rate set under subclause 4(1) of that Schedule and received by the Commonwealth on or after the transfer day; and

                     (b)  amounts of charge imposed by subclause 2(1) of Schedule 10 to the Primary Industries (Customs) Charges Act 1999 at a rate set under subclause 3(3) of that Schedule and received by the Commonwealth on or after the transfer day; and

                     (c)  amounts a person is liable to pay under subsection 7(2) of the Primary Industries Levies and Charges Collection Act 1991 and received by the Commonwealth on or after the transfer day; and

                     (d)  amounts a person is liable to pay under subsection 7(3) of the Primary Industries Levies and Charges Collection Act 1991 and received by the Commonwealth on or after the transfer day; and

                     (e)  amounts payable by way of penalty under section 15 of the Primary Industries Levies and Charges Collection Act 1991 in relation to amounts referred to in paragraph (a), (b), (c) or (d); and

                      (f)  amounts:

                              (i)  equal to amounts that are received by the Commonwealth after the transfer day; and

                             (ii)  that were payable to the Australian Horticultural Corporation under section 47 of the repealed Australian Horticultural Corporation Act 1987 as in force immediately before the transfer day; and

                            (iii)  not covered by another paragraph of this definition; and

                     (g)  amounts:

                              (i)  equal to amounts that are received by the Commonwealth after the transfer day; and

                             (ii)  that were payable to a Board under section 115Q of the repealed Australian Horticultural Corporation Act 1987 as in force immediately before the transfer day; and

                            (iii)  not covered by another paragraph of this definition.

officer of the industry export control body means any of the following:

                     (a)  a director of the industry export control body;

                     (b)  a staff member or consultant of the industry export control body;

                     (c)  an agent of the industry export control body.

officer of the industry services body means any of the following:

                     (a)  a director of the industry services body;

                     (b)  a staff member or consultant of the industry services body;

                     (c)  an agent of the industry services body.

record has the same meaning as in the Archives Act 1983 .

regulated horticultural market , in relation to a regulated horticultural product, means a market that is declared to be a regulated horticultural market in relation to the product under subsection 19(1).

regulated horticultural product means a horticultural product that is declared to be a regulated horticultural product under subsection 19(1).

research and development means systematic experimentation or analysis in any field of science, technology, economics or business carried out with the object of:

                     (a)  acquiring knowledge that may be of use for the purpose of improving any aspect of the production, processing, storage, transport or marketing of horticultural products; or

                     (b)  applying knowledge for the purpose of improving any aspect of the production, processing, storage, transport or marketing of horticultural products.

research and development amounts means:

                     (a)  amounts of levy imposed by subclause 2(1) of Schedule 15 to the Primary Industries (Excise) Levies Act 1999 at a rate set under subclause 4(3) of that Schedule and received by the Commonwealth on or after the transfer day; and

                     (b)  amounts of charge imposed by subclause 2(1) of Schedule 10 to the Primary Industries (Customs) Charges Act 1999 at a rate set under subclause 3(5) of that Schedule and received by the Commonwealth on or after the transfer day; and

                     (c)  amounts a person is liable to pay under subsection 7(2) of the Primary Industries Levies and Charges Collection Act 1991 and received by the Commonwealth on or after the transfer day; and

                     (d)  amounts a person is liable to pay under subsection 7(3) of the Primary Industries Levies and Charges Collection Act 1991 and received by the Commonwealth on or after the transfer day; and

                     (e)  amounts payable by way of penalty under section 15 of the Primary Industries Levies and Charges Collection Act 1991 in relation to amounts referred to in paragraph (a), (b), (c) or (d); and

                      (f)  amounts:

                              (i)  equal to amounts that are received by the Commonwealth after the transfer day; and

                             (ii)  that were payable to the Horticultural Research and Development Corporation under section 45 of the repealed Horticultural Research and Development Corporation Act 1987 as in force immediately before the transfer day; and

                            (iii)  not covered by another paragraph of this definition

Secretary means the Secretary of the Department.

statutory record means:

                     (a)  any record that was transferred to an industry services body on the transfer day; and

                     (b)  any record that:

                              (i)  is the property of the industry services body; and

                             (ii)  relates to the use of a marketing amount, a research and development amount or an amount payable under subsection 16(2); and

                     (c)  any record that:

                              (i)  is the property of the industry export control body; and

                             (ii)  relates to the exercise of powers and functions of the industry export control body under Part 4.

transfer day means the day specified by the Minister as the transfer day in a determination under section 12 of the Horticulture Marketing and Research and Development Services (Repeals and Consequential Provisions) Act 2000 .

5   Crown to be bound

             (1)  This Act binds the Crown in each of its capacities.

             (2)  This Act does not make the Crown liable to be prosecuted for an offence.

6   Application of this Act

                   This Act applies both within and outside Australia.

7   Application of the Criminal Code

                   Chapter 2 of the Criminal Code applies to all offences against this Act.