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Forestry Marketing and Research and Development Services Bill 2007

Part 1 Preliminary

   

1   Short title

                   This Act may be cited as the Forestry Marketing and Research and Development Services Act 2007 .

2   Commencement

                   This Act commences on the day after it receives the Royal Assent.

3   Simplified outline of this Act

                   The following is a simplified outline of this Act:

This Act provides for a company:

               (a)     to receive (under a contract) Commonwealth funding for promotion, research and development for the Australian forestry industry; and

              (b)     to be declared as the industry services body for the Australian forestry industry.

This Act also requires the industry services body to comply with directions given by the Minister in the national interest because of an emergency.

Note:          The first industry services body has the assets, liabilities and staff of the Forest and Wood Products Research and Development Corporation transferred to it by the Forestry Marketing and Research and Development Services (Transitional and Consequential Provisions) Act 2007 .

4   Definitions

                   In this Act:

Australia , when used in a geographical sense, includes the external Territories.

company means a company registered under the Corporations Act 2001 as a company limited by guarantee.

forestry industry means the industry concerned with growing, harvesting, processing, importing, exporting and marketing wood, wood fibre and products made from wood or wood fibre.

forestry service payments means payments mentioned in paragraph 8(1)(a).

funding contract means a contract entered into under section 8 (with the variations, if any, that are in force).

industry services body means the company that is declared to be the industry services body under Part 3.

matching payments means payments mentioned in paragraph 8(1)(b).

tax-related amounts means:

                     (a)  amounts of charge imposed under clause 2 of Schedule 7, or clause 2 of Schedule 8, to the Primary Industries (Customs) Charges Act 1999 and received by the Commonwealth on or after the transfer time; and

                     (b)  amounts of levy imposed under clause 2 of Schedule 10 to the Primary Industries (Excise) Levies Act 1999 and received by the Commonwealth on or after the transfer time; and

                     (c)  amounts of levy:

                              (i)  imposed under regulations made for the purposes of Schedule 27 to the Primary Industries (Excise) Levies Act 1999 ; and

                             (ii)  identified by regulations made for the purposes of this paragraph; and

                            (iii)  received by the Commonwealth on or after the transfer time; and

                     (d)  amounts that:

                              (i)  are required to be paid under section 7 of the Primary Industries Levies and Charges Collection Act 1991 in relation to charge or levy described in paragraph (a), (b) or (c); and

                             (ii)  are received by the Commonwealth on or after the transfer time; and

                     (e)  amounts that:

                              (i)  are payable under section 15 of the Primary Industries Levies and Charges Collection Act 1991 in relation to charge or levy described in paragraph (a), (b) or (c); and

                             (ii)  are received by the Commonwealth on or after the transfer time; and

                      (f)  amounts that:

                              (i)  are payable under a contract between a company and a State, a Territory or an authority of a State or Territory, if the company is declared to be the industry services body; and

                             (ii)  represent the amounts that would be payable by the State, Territory or authority if it were subject to charge or levy described in paragraph (a), (b) or (c); and

                            (iii)  are received by the Commonwealth on or after the transfer time.

Note:          Section 7 of the Primary Industries Levies and Charges Collection Act 1991 concerns liability of intermediaries and section 15 of that Act concerns penalty for late payment.

transfer time means the time the assets of the Forest and Wood Products Research and Development Corporation become assets of the industry services body under Schedule 1 to the Forestry Marketing and Research and Development Services (Transitional and Consequential Provisions) Act 2007 .

Note:          Under that Schedule, those assets become assets of the industry services body when the Forest and Wood Products Research and Development Corporation ceases to exist.

5  Extension to external Territories

                   This Act extends to all the external Territories.

6   Application of this Act

                   This Act applies both within and outside Australia.