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Dairy Industry Service Reform Bill 2003

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2002—2003

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

 

HOUSE OF REPRESENTATIVES

 

 

 

DAIRY INDUSTRY SERVICE REFORM BILL 2003

 





 

 

EXPLANATORY MEMORANDUM

 

 

 

 

 

(Circulated by authority of the

Minister for Agriculture, Forestry and Fisheries, the Hon Warren Truss, MP)

 



Table of contents

1. Glossary.................................................................................................................... 1

2. General outline and financial impact........................................................................ 2

Outline........................................................................................................................................................ 2

Financial impact...................................................................................................................................... 2

3. Privatisation of ADC and DRDC.............................................................................. 3

Outline of chapter.................................................................................................................................... 3

Providing levy information to ADC and the industry services body.............................................. 3

Introduction.............................................................................................................................. 3

Contacting dairy farmers to tell them about Dairy Australia........................................ 3

Maintaining the industry services body’s register of members...................................... 4

Conversion of ADC into a Corporations Act company................................................................... 4

Transferring DRDC assets and liabilities............................................................................................. 5

Staff........................................................................................................................................................... 5

Transfer of staff........................................................................................................................ 5

Workers compensation arrangements................................................................................. 6

Maternity leave........................................................................................................................ 6

Long service leave................................................................................................................... 6

Superannuation....................................................................................................................... 7

Abolition of ADC and DRDC................................................................................................................ 7

Consequential amendments.................................................................................................................. 7

Consequential amendments relating to ADC..................................................................... 7

Miscellaneous amendments................................................................................................... 9

4. Levies....................................................................................................................... 10

Outline of chapter.................................................................................................................................. 10

Detailed explanation of the amendments........................................................................................ 10

Application of levy collected.............................................................................................. 10

Dairy farmer input into levy rate—levy poll.................................................................... 10

Consequential amendments................................................................................................ 11

5. Industry services body............................................................................................ 12

Outline of chapter.................................................................................................................................. 12

Detailed explanation of the amendments........................................................................................ 12

Declaring an industry services body................................................................................. 12

Commonwealth funding flows to the industry services body....................................... 12

Funding contract.................................................................................................................. 12

Matching payments for R&D.............................................................................................. 13

Limits on dairy service payments and matching payments........................................... 13

Consequential amendments................................................................................................................ 13

6. Dairy Structural Adjustment arrangements.......................................................... 14

Outline of chapter.................................................................................................................................. 14

Detailed explanation of the amendments........................................................................................ 14

Industry services body to hold DSAF................................................................................ 14

Industry services body to take over ADC’s role............................................................... 14

Consequential amendments................................................................................................ 14

7. Export control for dairy produce........................................................................... 14

Outline..................................................................................................................................................... 14

Detailed explanation of new law........................................................................................................ 14

Consequential amendments................................................................................................................ 14

Application............................................................................................................................................. 14

8. Commencement, transitional and other miscellaneous provisions........................ 14

Commencement.................................................................................................................................... 14

Other transitional arrangements......................................................................................................... 14

Other miscellaneous provisions........................................................................................................... 14

Miscellaneous provisions.................................................................................................... 14

Amendments of the Administrative Decisions (Judicial Review) Act 1977................ 14

Amendments of the Equal Employment Opportunity (Commonwealth Authorities) Act 1987             14

Amendments of the Farm Household Support Act 1992................................................ 14

9. Index........................................................................................................................ 14

 



1. Glossary

1.1               The following abbreviations and acronyms are used in this explanatory memorandum.



Abbreviation

Definition

ABN

Australian Business Number

ADC

Australian Dairy Corporation

AFFA

Department of Agriculture, Forestry and Fisheries

conversion time

The time when the amendments to the Dairy Produce Act and the Levies Act commence: a date fixed by proclamation

Corporations Act

Corporations Act 2001

Dairy Australia

Dairy Australia Limited

Dairy Produce Act

Dairy Produce Act 1986

DRDC

Dairy Research and Development Corporation

Long Service Leave Act

Long Service Leave (Commonwealth Employees) Act 1976

PIERD Act

Primary Industries and Energy Research and Development Act 1989

SRC Act

Safety, Rehabilitation and Compensation Act 1988

Levies Act

Primary Industries (Excise) Levies Act 1999

Levies Collection Act

Primary Industries Levies and Charges Collection Act 1991

Levy Bill

Primary Industry (Excise) Levies Amendment (Dairy) Bill 2003

DAA

Dairy Adjustment Authority

2. General outline and

financial impact

Outline

2.1               The ADC is a Commonwealth statutory corporation, established under the Dairy Produce Act 1986. Its functions include, but are not limited to, improving the marketability of Australian dairy produce, promoting the consumption of Australian dairy produce both in Australia and overseas and assist in the marketing of Australia dairy produce for export and trade and commerce.

2.2               The DRDC is established by the Dairy Research and Development Corporation Regulations 1990 , made under the PIERD Act.

2.3               This Bill:

·          converts ADC into a not for profit Corporations Act limited by guarantee (Dairy Australia) controlled by levy-paying dairy farmers and transfers to Dairy Australia all the DRDC’s staff, assets and liabilities so that Dairy Australia can provide most of the marketing, and research and development, services for the dairy industry presently provided by ADC and DRDC;
·          establishes the concept of the “industry services body”, entitled under a funding contract with the Commonwealth to levy payments and matching Commonwealth payments;
·          requires the industry services body to take over ADC’s role in relation to the DSAF;
·          simplifies the export control arrangements for dairy produce, retaining the function with the Commonwealth.

2.4               The cognate Bill, the Levy Bill, simplifies 3 of the existing levies applicable to the dairy industry—the Corporation levy, the research levy and the promotion levy—into a single levy, the dairy service levy.

2.5               The Bill requires a regular levy poll to get dairy farmer input into the rate of the dairy service levy.

Financial impact

2.6               There will be a negative impact on the Commonwealth fiscal balance in the 2002-2003 financial year of $15.2 million due to a fall in the net value of Commonwealth assets. This amount will be partially offset by subsequent gains to the Commonwealth of $4.079 million over the following three years to 2005-06. These impacts relate to the movement of DRDC net assets from the government sector to the proposed private company. The movement of the ADC assets will not have an impact as these are currently not included in the government sector.

3. Privatisation of ADC

and DRDC

Outline of chapter

3.1               This chapter covers those parts of the Bill that “privatise” these existing statutory authorities into a single Corporations Act company limited by guarantee, controlled by dairy farmers. In summary, the Bill:

·          provides for the conversion of ADC from a statutory authority to a Corporations Act company limited by guarantee named Dairy Australia Limited;
·          provides that the assets and liabilities of the DRDC are transferred to Dairy Australia;
·          provides for the staff of DRDC to transfer to Dairy Australia, with appropriate protection for their entitlements and rights;
·          makes other miscellaneous consequential provisions.

Providing levy information to ADC and the industry services body

Introduction

3.2               As a Corporations Act company limited by guarantee, Dairy Australia will have members. Qualifications for levy-payer membership of Dairy Australia will be the payment of Corporation levy, promotion levy and research levy (these are the existing levies imposed on producers of dairy produce) and, after Dairy Australia is established, payment of the new dairy service levy (see chapter 4). These qualifications will be set out in the constitution of Dairy Australia.

3.3               The present arrangements for collection of levy are that the “first purchaser” of relevant dairy produce from a farmer, who is generally a manufacturer of dairy produce, has to remit appropriate amounts as levy to the Commonwealth and deduct the amount remitted from the purchase price paid to the dairy farmer. These manufacturers and other first purchasers therefore have the most up to date information about dairy farmers’ levy payments .

Contacting dairy farmers to tell them about Dairy Australia

3.4               To ensure that as many dairy farmers as possible are given appropriate information about the restructuring effected by the Bill, and to encourage dairy farmers to consider becoming members of Dairy Australia, Part 2 authorises ADC to require “first purchasers” to give to ADC the names, addresses, contact details and ABNs of the dairy farmers whose dairy produce they have bought [clause 7] .

3.5               ADC is then authorised to use and disclose that information for the following purposes:

·          to inform dairy farmers about the amendments to be made by the Bill;
·          to make dairy farmers aware of their eligibility to become a member of Dairy Australia;
·          to invite dairy farmers to make applications to ADC to become such a member;
·          to develop a list of those dairy farmers eligible to become such a member [ clause 7 (3) ] .

Maintaining the industry services body’s register of members

3.6               The qualification for membership by dairy farmers of Dairy Australia will be the payment of levy (see above paragraph 3.2). It is expected that the voting power of a dairy farmer member of Dairy Australia will be based on the amount of levy paid in the previous financial year. It is expected that any industry services body that replaces Dairy Australia will have a similar structure.

3.7               Therefore, it will be important for information on levy payers to be available to the industry services body, so that it can ensure that new applicants for membership are qualified for membership, and that its existing members remain qualified and their voting entitlements accurately worked out. Under the Levies Collection Act, information on levy payments is given to AFFA by first purchasers and other direct levy payers in connection with AFFA’s function of collecting levy. Amendments are made to that Act to authorise AFFA to disclose to the industry services body the levy amounts paid by dairy farmers and information to allow verification and cross-checking [Schedule 1 Part 2 items 121, 122, 123 and 124] . The Dairy Produce Act is amended to restrict the industry services body’s use of that information to:

·          determining eligibility for membership;
·          maintaining the register of members of the industry services body;
·          publishing statistics;
·          performing its functions under the Dairy Produce Act or the funding contract (as to which see below paragraph 5.6) [Schedule 1 Part 1 item 51 new section 8] .

Conversion of ADC into a Corporations Act company

3.8               Dairy Australia will come into existence as a Corporations Act company by being registered as a company limited by guarantee by the Australian Securities and Investments Commission under the Corporations Act.

3.9               The Bill requires and authorises ADC to make the appropriate application under the Corporations Act for registration as a company limited by guarantee [clause 9 (1), (2)] .

3.10           Because Dairy Australia is intended to be the industry services body (see chapter 5), and therefore perform functions on behalf of the Commonwealth, the constitution of Dairy Australia, and its first directors, nominated in the registration application, are subject to Ministerial approval [clause 9 (3), (4)] .

3.11           Registration is deemed to occur at the conversion time, which is the start of a date fixed by Proclamation [clause 2 (1), table, item 2; clause 8, definition of “conversion time”] . ASIC must issue a certificate of registration and an ACN for the company as of that day [clause 11] .

3.12           As a Corporations Act company, the name, structure, constitution and membership of Dairy Australia can be changed in accordance with the ordinary law [clause 12] .

3.13           Provision is made to ensure that Dairy Australia is not regarded as a Commonwealth authority, established for public purposes or for a purpose of the Commonwealth, a Commonwealth authority or a Crown instrumentality unless some law specifically says so [clause 14] .

Transferring DRDC assets and liabilities

3.14           The Bill provides that, at the conversion time, all DRDC’s assets and liabilities become assets and liabilities of Dairy Australia by force of the Bill, and that Dairy Australia is substituted in any legal proceedings for DRDC [clauses 15, 16] . Dairy Australia therefore becomes DRDC’s successor in law in relation to DRDC’s assets and liabilities [clause 15] .

3.15           No provision is made about transferring ADC’s assets because registration of ADC as a Corporations Act company does not create a new entity; ADC’s assets continue to be owned by the continuing entity, now called Dairy Australia Limited.

3.16           The Bill provides that no stamp duty or other tax is payable under State or Territory law in respect of the transfers of assets and liabilities under the Bill or any other operation of Part 3 Division 3 of the Bill, and that the Minister may give a certificate identifying assets to which this exemption applies [clause 17] .

3.17           The Bill provides that instruments (such as agreements) to which DRDC is a party or that have been given to or in favour of DRDC, or which refer to DRDC or under which DRDC acquires a right or liability, continue to have effect after the conversion time, but with Dairy Australia substituted for DRDC [clause 18] . Provision is also made to facilitate the registration of the transfer of assets effected by the Bill by the use of certificates to the effect that the particular asset has become vested in Dairy Australia under Part 3 Division 3. This provision would, for example, apply to shares [clause 19] .

3.18           The Archives Act 1983 will apply to Dairy Australia, as it will hold records that will continue to be Commonwealth records for the purposes of that Act. The Bill confirms that Commonwealth records must be dealt with as provided in the Archives Act 1983 and requires National Archives of Australia permission to transfers of Commonwealth records under Part 3 of the Bill [clause 39] .

Staff

Transfer of staff

3.19           ADC staff continue to be employed by Dairy Australia after the conversion time.

3.20           The Bill provides that DRDC employees cease to be employed by DRDC on the conversion time and are from then on engaged as employees of Dairy Australia [clause 20] .

3.21           ADC and DRDC employees' terms and conditions of employment are, subject to the rest of Part 3 Division 4 of the Bill, the same, and their entitlements are the same, as they were immediately before the conversion time [clause 21 (1)] . Provision is expressly made that for all purposes service with Dairy Australia is continuous with service as a DRDC employee [clause 21 (2)] .

3.22           Because ADC and DRDC staff have the protection of the provisions of the Bill preserving their employment entitlements, no entitlement to redundancy or other similar benefits arises because of the operation of Division 4 of Part 3 of the Bill [clause 21 (3)] .

3.23           Clause 22 of the Bill is not a law of the Commonwealth. It therefore cannot be used to apply the “no disadvantage test” under the Workplace Relations Act 1996 [clause 22] . Terms of employment for transferring DRDC employees can still be varied in the usual way, that is, in accordance with the terms of employment, or an award or industrial agreement [clause 22] .

Workers compensation arrangements

3.24           Express provision is made to continue the rights under the SRC Act of ADC and DRDC employees who have suffered injury or loss or damage to property before the conversion time [clause 24] . “Injury” and other expressions used in Part 3 Division 4 Subdivision B of the Bill mean what they mean in the SRC Act [clause 23].

3.25           The Commonwealth assumes any liabilities of ADC arising under section 128A of the SRC Act [clause 25] . Section 128A allows Comcare to recover amounts Comcare has to pay in respect of loss, injury or damage suffered before 1 July 1989 from the relevant statutory authority. Any amounts payable by the Commonwealth under this provision will be recovered from Dairy Australia under the funding contract by way of offset of levy amounts (see below paragraph 5.6).

3.26           Consequential amendments are made to the SRC Act to omit the reference to ADC in the definition of “prescribed Commonwealth authority” in section 128A (4) [Schedule 1 Part 2 item 125] .

3.27           Arrangements for rehabilitation of employees who had, while working for ADC or DRDC, suffered injuries resulting in an incapacity for work or an impairment continue to apply. Dairy Australia must give assistance to the Commonwealth in fulfilling the Commonwealth’s obligations in these cases. For these purposes only, Dairy Australia is taken to be a Commonwealth authority [clause 26] .

3.28           The SRC must make arrangements for refunding unused workers compensation premiums under the SRC Act to Dairy Australia. The Consolidated Revenue Fund is appropriated to make these payments (which may be made subject to conditions) [clause 27] .

Maternity leave

3.29           ADC and DRDC employees on maternity leave, or who go on maternity leave within 9 months after the conversion time, will enjoy the same rights under the Maternity Leave Act as they would have been entitled to enjoy if the conversion had not occurred [clauses 28, 29] .

Long service leave

3.30           The Bill makes provision to ensure that ADC and DRDC employees maintain the benefit of their entitlements under the Long Service Leave Act. Expressions used Part 3 Division 4 Subdivision E of the Bill mean what they mean in the Long Service Leave Act [clause 32].

3.31           Dairy Australia may grant long service leave, or make appropriate payments, on the basis of past service with ADC or DRDC [clauses 21 (2), 33, 34 and 36] , makes provision for long service leave entitlements on the death of the employee [clause 35] and ensures that employees with at least 10 years service keep their long service leave entitlements [clause 37] . Any long service leave rights accrued after the conversion of ADC to Dairy are unaffected [clause 38] .

Superannuation

3.32           As ADC and DRDC employees’ employment has been transferred to a private sector company, employees will no longer be entitled to contribute to Commonwealth superannuation schemes. The Bill ensures that Dairy Australia will not become part of Commonwealth superannuation arrangements [clauses 18(3), 30 and 31] .

3.33           Dairy Australia will put in place appropriate superannuation arrangements for its employees. Employees who are members of current Commonwealth schemes will be offered financial counselling.

Abolition of ADC and DRDC

3.34           The Bill abolishes both the ADC and the DRDC by repealing the enactments that create them: in the case of the ADC, Part II of the Dairy Produce Act [Schedule 1 Part 1 item 51] ; in the case of DRDC, the Dairy Research and Development Corporation Regulations 1990 , made under the PIERD Act [Schedule 1 Part 3 item 126] .

Consequential amendments

Consequential amendments relating to ADC

3.35           Parts III and IV of the Dairy Produce Act are repealed [Schedule 1 Part 1 item 51] . Part III provides for the membership of the ADC, including selection committees to recommend the appointment of replacement members to the ADC. Part IV deals with the staff of ADC.

3.36           The following definitions in the Dairy Produce Act section 3 (1) related to the establishment, structure, operational planning obligations and staffing of ADC are repealed:

·          acting Managing Director [Schedule 1 Part 1 item 2]
·          ann ual operational plan [Schedule 1 Part 1 item 3]
·          annual repo rt [Schedule 1 Part 1 item 4]
·          appointed member [Schedule 1 Part 1 item 5]
·          Chairperson [Schedule 1 Part 1 item 6]
·          corporate plan [Schedule 1 Part 1 item 8]
·          Corporation [Schedule 1 item 9]
·          Deputy Chairperson [Schedule 1 Part 1 item 14]
·          equal employment opportunity program [Schedule 1 Part 1 item 17]
·          Managing Director [Schedule 1 Part 1 item 24]
·          member [Schedule 1 Part 1 item 28]
·          Selection Committee [Schedule 1 Part 1 item 44] .

3.37           A definition of “conversion time”—the same as in the Bill—is added to the Dairy Produce Act section 3 (1) [clause 8; Schedule 1 Part 1 item 7] .

3.38           Section 3 (1A), (1B) of the Dairy Produce Act are repealed as they relate to employment matters for ADC [Schedule 1 Part 1 items 48 and 49] .

3.39           The note to section 3 of the Dairy Produce Act (which refers to the Chairperson) is repealed [Schedule 1 Part 1 item 50] .

3.40           Schedule 1 of the Dairy Produce Act sets out requirements for the equal employment opportunity program for ADC. It is repealed [Schedule 1 Part 1 item 71] .

3.41           Section 121 of the Dairy Produce Act ensures that non-compliance with the provision of the Dairy Produce Act does not of itself invalidate a contract that ADC enters into. Section 123 sets out additional matters to be included in ADC’s annual reports under the Commonwealth Authorities and Companies Act 1997 . Section 124 protects individual members of ADC from personal liability for acts done in good faith. Section 125 authorises delegations by ADC or ADC’s General Manager. None of these provisions have further relevance and they are repealed [Schedule 1 Part 1 item 69] .

3.42           The Bill declares that ADC’s accounting records, annual reports and financial records are treated as the appropriate equivalent records and reports under the Corporations Act [clause 13] . Dairy Australia will have the obligation to prepare the final annual reports for both ADC and DRDC, under section 9 of the Commonwealth Authorities and Companies Act 1997 . The reports may include such other matters as the directors consider appropriate [Schedule 1 Part 4 item 129] .

3.43           Part VII (Finance) is repealed [Schedule 1 Part 1 item 54] . That Part, among other things, established a number of separate Funds: the Domestic Market Support Fund, the Market Support Fund, the Industry Fund and the Promotion Fund. The Domestic Market Support Fund and the Market Support Fund have been wound up and the provisions are no longer necessary. The Promotion Fund and the Industry Fund will become ordinary general assets of Dairy Australia after conversion.

3.44           The following definitions in section 3 (1) of the Dairy Produce Act relevant to financial arrangements are repealed:

·          Domestic Fund [Schedule 1 Part 1 item 15]
·          futures contract [Schedule 1 Part 1 item 20]
·          futures market [Schedule 1 Part 1 item 21]
·          Industry Fund [Schedule 1 Part 1 item 22]
·          Market Support Fund [Schedule 1 Part 1 item 25]
·          market support payment [Schedule 1 Part 1 item 26]
·          money of the Corporation [Schedule 1 Part 1 item 29]
·          Promotion Fund [Schedule 1 Part 1 item 37]
·          promotion levy [Schedule 1 Part 1 item 38]
·          R&D corporation [Schedule 1 Part 1 item 39]
·          R&D Fund [Schedule 1 Part 1 item 40]
·          relevant fund [Schedule 1 Part 1 item 41]
·          RIR&D corporation [Schedule 1 Part 1 item 43]
·          WTO agreement [Schedule 1 Part 1 item 45]
·          WFTO agreement da y [Schedule 1 Part 1 item 46]
·          WTO agreement year [Schedule 1 Part 1 item 47]

3.45           Sections 109 A and 109B of the Dairy Produce Act refer to acquisition and import offset levies, and have the effect of reducing liabilities for those levies in certain circumstances. These levies were relevant to the market support arrangements embodied in the Domestic Market Support Fund. Those arrangements have now ceased and the Fund has been wound up. The sections are therefore repealed [Schedule 1 Part 1 items 56 and 57] .

3.46           Section 109C of the Dairy Produce Act authorises the Secretary of AFFA to appoint persons to be authorised persons for the purposes of the domestic market support payment arrangements. As these arrangements no longer apply, the section is repealed [Schedule 1 Part 1 item 58] .

3.47           Section 114 of the Dairy Produce Act allows a court, when convicting a person for an offence of imposing on the Commonwealth, or a similar offence, in relation to a payment from the ADC, to order a refund to ADC as well as imposing a penalty. Section 115 provides for recovery of overpayments in relation to a payment from the ADC. As there are no relevant provisions under which persons will be entitled to payments from the industry services body, the provision is repealed [Schedule 1 Part 1 items 60, 61] . Arrangements in respect of dairy structural adjustment payments are dealt with in Schedule 2 to the Dairy Produce Act.

Miscellaneous amendments

3.48           The reference to ADC is omitted from the long title to the Dairy Produce Act [Schedule 1 Part 1 item 1] .

3.49           Section 118 of the Dairy Produce Act provides for the review of certain decisions connected with export licensing and certain payment entitlements by the ADC. As there will be no further relevant decisions under the amended Dairy Produce Act, the provision is repealed [Schedule 1 Part 1 item 63] .

3.50           Section 119 of the Dairy Produce Act imposes a secrecy obligation on members and former members, and staff and former staff, of ADC. Amendments are made to apply the secrecy obligation to officers and employees of the industry services body, but to limit the secrecy obligation to information concerning the affairs of the person acquired under or for the purposes of the Dairy Produce Act. It will therefore not apply to information acquired by Dairy Australia when acting outside the Dairy Produce Act. Provision is made to ensure that documents that Dairy Australia has and uses that were ADC documents continue to be protected from requirements to produce [Schedule 1 Part 1 items 64, 65, 66, 68] . Provision is made to ensure that persons bound by the existing secrecy obligation in the Dairy Produce Act section 119 continue to be so bound [Schedule 1 Part 4 item 128] .

3.51           The Bill makes provision to assist with proof of certificates and other documents issued under the Part 3 of the Bill [clause 40] .

4. Levies

Outline of chapter

4.1               The Levy Bill simplifies 3 of the existing levies applicable to the dairy industry—the Corporation levy, the research levy and the promotion levy—into a single levy, the dairy service levy. The explanatory memorandum for that Bill covers these matters.

4.2               The Bill covers a numbers of matters relating to the application of levy receipts, and also covers matching payments made to the industry services body for research purposes.

Detailed explanation of the amendments

Application of levy collected

4.3               Currently the Commonwealth passes Corporation levy and promotion levy on to ADC (Dairy Produce Act sections 71, 90 (1)) and research levy on to DRDC (PIERD Act Part 2 Division 5).

4.4               In the same way, the new dairy service levy will be passed on to the industry services body, as will amounts collected as outstanding Corporation levy, promotion levy and research levy. The funding contract to be entered into between the Commonwealth and the industry services body will oblige the Commonwealth to pass on these amounts (see paragraph 5.6 below) [Schedule 1 Part 1 item 51 new section 5] . The funding contract will allow the Commonwealth to retain amounts needed to recoup certain Commonwealth costs, set out in the funding contract. It is intended that these will include the cost of levy collection and administration and the cost of export and quota administration. The Consolidated Revenue Fund is appropriated to make these payments [Schedule 1 Part 1 item 51 new section 6] .

Dairy farmer input into levy rate—levy poll

4.5               The Bill amends the Dairy Produce Act to authorise regulations to provide for a poll of dairy farmers on the rate of dairy service levy. The regulations will prescribe how often the poll must be conducted. All dairy farmers who pay dairy service levy (not just dairy farmers who are members of Dairy Australia) will be eligible to vote in this poll. The subject of the poll will be the level of dairy service levy. The industry services body will be required to make a recommendation to the Minister on the rate of levy, in accordance with the results of the poll [Schedule 1 Part 1 item 51 new section 9] . In this way dairy farmers will have a role in determining the level of the levy.

4.6               As explained above at paragraph 3.3, manufacturers and other first purchasers who remit levy have the most up to date information about dairy farmers’ levy payments. It will be important for information on levy payers to be available to the industry services body, so that it can ensure that all dairy farmers entitled to vote in a levy poll are able to do so. Under the Levies Collection Act, information on levy payments is given to AFFA by first purchasers and other direct levy payers in connection with AFFA’s function of collecting levy. Amendments are made to that Act to authorise AFFA to disclose to the industry services body the levy amounts paid by dairy farmers and information to allow verification and cross-checking [Schedule 1 Part 1 item 121] . The Dairy Produce Act is amended to restrict the industry services body’s use of that information to (among other things) determining eligibility to vote in levy polls [Schedule 1 Part 1 item 51 new section 8] .

Consequential amendments

4.7               The following definitions are deleted from the Dairy Produce Act:

·          Corporation levy [Schedule 1 Part 1 item 10]
·          old dairy products levy [Schedule 1 Part 1 item 33]
·          old market support levy [Schedule 1 Part 1 item 34]
·          old promotion levy [Schedule 1 Part 1 item 35]
·          old research levy [Schedule 1 Part 1 item 36]

4.8               The following new definitions are inserted in the Dairy Produce Act:

·          dairy service levy —the new combined levy replacing the Corporation levy, the promotion levy and the R&D levy [Schedule 1 Part 1 item 12] .
·          new dairy levy amounts —amounts raised from dairy service levy imposed and collected after the conversion time and related amounts (such as penalties) [Schedule 1 Part 1 item 30] .
·          old dairy levy amounts —amounts of Corporation levy, promotion levy or research levy due before the conversion time but collected after the conversion time, and related amounts (such as penalties) [Schedule 1 Part 1 item 32] .
·          research levy —the research levy before the conversion time, and other related amounts (such as penalties) [Schedule 1 Part 1 item 42] .

 

5. Industry services body

Outline of chapter

5.1               The Bill establishes the concept of the industry services body, which will provide research and development, promotion and other relevant services to the Australian dairy industry. It will be the vehicle by which the new dairy service levy (combining the Corporation levy, the promotion levy and the research and development levy) will be expended. That body will be declared by the Minister and will be entitled to be paid those levy amounts to carry out those functions.

5.2               It is intended that Dairy Australia, when established, will be the first industry services body.

Detailed explanation of the amendments

Declaring an industry services body

5.3               The Minister is authorised to declare a body to be the industry service body. The industry services body must a company limited by guarantee, and must have entered into a funding contract (see paragraph 5.6 below). The Minister must be satisfied that, if the body is so declared, it will comply with its obligations under the funding contract and the Dairy Produce Act [Schedule 1 Part 1 item 51 new section 7] . Declarations can be revoked under the Acts Interpretation Act 1901 section 33 (3).

5.4               Although a declaration takes effect immediately, it must be tabled in each House of the Parliament within 15 sitting days [Schedule 1 Part 1 item 51 new section 7] .

Commonwealth funding flows to the industry services body

5.5               The Commonwealth will pay dairy service payments collected and matching payments to Dairy Australia.

Funding contract

5.6               The form of the funding contract is to be negotiated between the Commonwealth and the industry services body (in the first instance, Dairy Australia). The contract must provide for the payment of dairy service payments (dairy service levy amounts and outstanding Corporation levy, research levy and promotion levy) and for matching payments, in respect of R&D expenditure [Bill Schedule 1 Part 1 item 51 new clause 5] . The Minister must be satisfied, and provisions will be included in the funding contract to ensure, that the dairy service payments are spent on marketing, promotion, strategic policy development, R&D activities and other activities for the benefit of the Australian dairy industry and that matching payments are spent on R&D activities for the benefit of the dairy industry and the Australian community generally.

5.7               The funding contract will not provide for the complete flowthrough of amounts collected as levy, or matching payments. Deductions will be made to enable the Commonwealth to recoup specified expenses including expenses in levy collection, expenses in respect of the DSAF and other expenses listed in the funding contract. Provision may also be made to allow the Commonwealth to withhold payments on account of breaches by the industry services body of its obligations under the funding contract or the Dairy Produce Act [Schedule 1 Part 1 item 51 new clause 5 (3)] .

5.8               Specific provision is made to allow the funding contract to deal with transferred assets and liabilities from DRDC [Schedule 1 Part 1 item 51 new clause 5 (4)] .

5.9               The allows persons nominated as directors, or 3 of them, in the application ADC makes for regulation as a company limited by guarantee, to enter into a funding contract before registration; such a contract binds Dairy Australia when the company is registered [Schedule 1 Part 1 clause 10].

Matching payments for R&D

5.10           Under current arrangements for primary industry R&D corporations, the Commonwealth provides "matching grants" of up to 50% of the amount of an R&D corporation's "eligible R&D expenditure" (PIERD Act part 2 division 5). As the industry services body will be taking over the DRDC's role, it will also attract matching payments.

5.11           Matching payments are payable under the funding contract, which will set out what R&D expenditure attracts the payments [Bill Schedule 1 Part 1 item 51 new section 5 (2) (b)] .

5.12           Provision is specifically made to allow Dairy Australia to carry forward into the next financial year expenditure that is not 50% matched in one financial year because of the 0.5% GPV cap [Schedule 1 Part 1 item 51 new section 6 (6) and (7)] .

5.13           These provisions largely reflect the existing provisions of the PIERD Act.

Limits on dairy service payments and matching payments

5.14           The Bill imposes limits on amounts payable as dairy service payments and matching payments [Bill Schedule 1 Part 1 item 51 new section 6] .

5.15           The limits on dairy service payments is the amount collected as dairy service levy, Corporation levy, research levy and promotion levy.

5.16           There are 3 limits on matching payments. First, there is a limit of the amount collected as dairy service levy, Corporation levy, research levy and promotion levy. Secondly, for any financial year, there is a limit of the lower of 0.5% of gross value of production in the year, as determined by the Minister in accordance with the regulations, and 50% of what the funding contract defines as expenditure attracting the payment.

Consequential amendments

5.17           The following new definitions are inserted in the Dairy Produce Act section 3(1):

·          eligible body —a company limited by guarantee [Schedule 1 Part 1 item 16] .
·          funding contract [Schedule 1 Part 1 item 19] .
·          industry services body —the body declared for the time being as the industry services body by the Minister [Schedule 1 Part 1 item 23] .
·          matching payments —payments made by the Commonwealth to the industry services body, worked out on the basis of R&D spend in the previous year [Schedule 1 Part 1 item 27] .
·          dairy service payment —payments made under the funding contract [Schedule 1 Part 1 item 13, new section 5 (1) (a)] .

6. Dairy Structural Adjustment arrangements

Outline of chapter

6.1               This chapter covers the amendments made by the Bill in connection with the Dairy Structural Adjustment Fund and the Dairy Industry Adjustment Package.

6.2               Following the deregulation on 1 July 2000 of State farm-gate milk price regulatory arrangements, the Commonwealth made available to dairy producers and communities a major restructure package to help them adjust to the impacts of deregulation. The package (the Commonwealth Dairy Industry Adjustment Package (“DIAP”)) has three programs:

·          the Dairy Structural Adjustment Program (“DSAP”);
·          the Dairy Exit Program (“DEP”);
·          the Dairy Regional Assistance Program (“DairyRAP”).


In May 2001, a further package of assistance measures was made available to dairy farmers known as the Supplementary Dairy Assistance Measures.



6.3               Funding for all of the above measures is provided through a levy (the dairy adjustment levy) on retail sales of drinking milk.

6.4               The Dairy Produce Act Schedule 2 establishes the DSAF as the fund out of which these adjustment payments are made and into which amounts raised as dairy adjustment levy, and other amounts for payment in connection with the program, are paid. The DSAF is held and administered by ADC. Entitlements to assistance under the package are determined by the DAA, and appropriate payments are made out of the DSAF by ADC.

Detailed explanation of the amendments

Industry services body to hold DSAF

6.5               The DSAF will be kept and administered by the industry services body [Schedule 1 item 93 new section 77A] . In the first instance, this will be Dairy Australia.

6.6               The industry services will be, explicitly, trustee of the DSAF and will hold the assets of DSAF on trust for the purposes of Part 3 of Schedule 2 of the Dairy Produce Act [Schedule 1 item 93 new sections 77A and 77B] . There are express requirements to segregate DSAF assets from other industry services body assets, and express power to invest surplus DSAF assets in transfer investments [Schedule 1 Part 1 item 105 new sections 79A and 79B] . The industry services body must report annually to the Minister on the administration of the DSAF, and these reports must be tabled in both Houses of the Parliament [Schedule 1 Part 1 item 105 new section 79C] . No stamp duty is payable because of the creation of this trust [Schedule 1 Part 1 item 93 new clause 77A (3)].

6.7               The Commonwealth will be required to pay to the industry services body all amounts received by way of dairy adjustment levy and re levant penalties [Schedule 1 Part 1 items 108 and 109] . The costs of collection of dairy adjustment levy will be recouped through the funding contract.

6.8               The funding contract may include provisions about the DSAF [Schedule 1 Part 1 item 93 new section 77D] .

Industry services body to take over ADC’s role

6.9               As the industry body will hold the DSAF, it will take over ADC's roles in relation to the DSAF and the DIAP generally. These roles include the following.

·          The industry services body will make payments out of the DSAF for dairy farmer entitlements under the various schemes comprising the Dairy Structural Adjustment Program and for authorised expenditures of the DSAF [ Schedule 1 Part 1 items 98, 100, 102, 103 and 104 ].
·          The industry services body will provide administrative and other support to the DAA under the Dairy Produce Act Schedule 2 clause 70 [ Schedule 1 Part 1 items 86, 87, 88 and 89 ].
·          The industry services body may enter into financing facilities to making payments out of the DSAF [Schedule 1 item 93 new section 77C] .
·          The Dairy Produce Act Schedule 2 clause 80 requires both the Minister and ADC to take all reasonable steps to ensure that there is sufficient money in the DSAF to make the payments that must be made out o f the DSAF. That obligation will be an obligation of the Minister and the industry services body [schedule 1 part 1 item 106] .

Consequential amendments

6.10           The following consequential amendments are made:

·          The definitions of "deliver" and "manufacturing milk" in clause 2 of Schedule 2 are amended to bring them into line with the amendments made by the Bill [Schedule 1 Part 1 items 72 and 73]
·          The provisions of Schedule 2 setting out the policy objectives for the Dairy Structural Adjustment Program Scheme and the Supplementary Assistance Scheme are amended to change references to payments being made by the corporation out of the Dairy Structural Adjustment Fund to references to payment being made out of the Dairy Structural Adjustment Fund. The payments will be made by the industry services body [Schedule 1 Part 1 items 74, 75, 76 and 77]
·          Provisions about recovery of scheme debts, which, under the present Dairy Produce Act, are debts due to ADC but recovered by the Commonwealth on ADC's behalf, are amended to refer to the industry services body instead of ADC [Schedule 1 Part 1 items 79, 80, 81, 82, 83, 84 and 85]
·          Clause 72 of Schedule 2 of the Dairy Produce Act allows the DAA to delegate any of its functions and powers to, among other things, a senior employee of ADC (the general manager). Amendments are made to allow the DAA to make a similar delegation to the general manager of the industry services body. As Dairy Australia will be, in effect, a continuation of the ADC, it is appropriate to allow the existing arrangements, which have been working well and are well understood, to continue [Schedule 1 Part 1 items 90 and 91]
·          Consequential amendments are made to clause 77 of Schedule 2 of the Dairy Produce Act [Schedule 1 Part 1 item 92]
·          Amendments are made to clause 78 of Schedule 2 of the Dairy Produce Act. This clause prescribes what money is to be credited to the DSAF. The amendments substitute references to the industry services body for references to the ADC [Schedule 1 Part 1 items 94, 95, 96 and 97]
·          Clause 79 of Schedule 2 of the Dairy Produce Act sets out the authorised expenditures for the DSAF. It is amended by changing references to the ADC to references to the industry services body [Schedule 1 Part 1 items 98, 100, 102 and 104], by removing a redundant reference to ADC [Schedule 1 Part 1 item 103] and by omitting from the list of permitted expenditures expenditure in connection with the development of the Dairy Industry Adjustment Package and payment to the Australian Competition and Consumer Commission for price monitoring in connection with deregulation, which are no longer relevant [Schedule 1 Part 1 items 99 and 101].

7. Export control for dairy produce

Outline

7.1               The Bill introduces a simplification of the current arrangements for export control of dairy produce. Under the amendments, the regulations will identify markets to which the export of specified dairy produce is controlled. There will be no requirement, as at present, for all exporters to be licensed. Only exporters of the specified dairy produce to the relevant markets will require approval. It is intended that the arrangements presently in place for filling Australia’s quota entitlements in specified markets will be continued largely unchanged.

Detailed explanation of new law

7.2               Regulations may impose export control on particular kinds of dairy produce, specified in the regulations that impose the control. The regulations will impose control by listing the relevant kinds of dairy produce (“regulated dairy produce”) and the markets to which export of dairy produce of those kinds is regulated (“regulated dairy markets”) [Schedule 1 Part 1 item 52 new sections 51 and 52] .

7.3               It will be an offence to export regulated dairy produce to a relevant regulated market without approval under the regulations. The maximum penalty for this offence will be a fine of 180 penalty units ($19,800 for individuals; $99,000 for bodies corporate: see Crimes Act 1914 sections 4A, 4B) [Schedule 1 Part 1 item 52 new section 53 (1)] .

7.4               It will be an offence to export regulated dairy produce to a relevant regulated market in contravention of conditions imposed on an approval under the regulations. The maximum penalty for this offence will be a fine of 60 penalty units ($6,600 for individuals; $33,000 for bodies corporate: see Crimes Act 1914 sections 4A, 4B) [Schedule 1 Part 1 item 52 new section 53 (2)] .

7.5               The regulations will make provision about obtaining approvals [Schedule 1 Part 1 item 52, proposed section 54] . Decisions on applications for approvals will be reviewable.

7.6               The export controls under the Bill will be applied to administer Australia’s annual quota entitlements for concessional access to (at present):

·          the United States market—7000 tonnes of varietal cheeses; and
·          the European market—3750 tonnes of cheddar.

Consequential amendments

7.7               Section 60 of the Dairy Produce Act, which makes it clear that the Dairy Produce Act Part V does not affect the operation of any other law relating to export, is amended consequentially [Schedule 1 Part 1 item 53] .

7.8               Section 110 requires exporters to furnish returns to ADC. As export control functions are, under the Bill, to be carried out by AFFA, the provision is no longer necessary. Any returns which would be required for the purposes of the Dairy Produce Act export control arrangements will be the subject of regulations made for the purposes of the new Part 5 [Schedule 1 Part 1 item 59] .

7.9               Section 126 (c) authorises regulations to be made prescribing forms and fees for export licences under Part V. Relevant provisions authorising regulations to be made will now be in new section 54. This paragraph is therefore repealed [Schedule 1 Part 1 item 70] .

Application

7.10           These provisions apply to exports made after the conversion time.

8. Commencement, transitional and

other miscellaneous provisions

Commencement

8.1               The principal provisions of both the Bill will commence on Royal Assent [clause 2] .

8.2               However, the amendments to be made to the Dairy Produce Act and other Acts do not come into force until a date to be fixed by Proclamation [clause 2] .

8.3               Neither the Bill nor the Levy Bill include a clause providing for automatic commencement if its provisions are not commenced within 6 months after passage. This is because the commencement of the amendments can only, effectively, take place after the industry services body has been selected and a funding contract negotiated with it. It would be undesirable to commence the amendments, which include amendments imposing a new levy and providing for levy amounts to be paid to the industry services body, before the industry services body had been selected and appropriate protections for the Commonwealth’s interests put in place.

Other transitional arrangements

8.4               The effect of any declaration of a product as dairy produce under paragraph (c) of the definition of dairy produce in Dairy Produce Act section 3 (1) is continued [Schedule 1 Part 4 item 127] .

8.5               Regulations may prescribe matters of a transitional nature (including prescribing any saving or application provisions) arising from the amendments or repeals made by the Bill or from the enactment of the Bill [clause 43] .

Other miscellaneous provisions

Miscellaneous provisions

8.6               The Bill's title is the Dairy Industry Service Reform Bill 2003 [clause 1] .

8.7               The Bill is expressed to bind the Crown in all its capacities, and to apply outside Australia, including in the external Territories [clauses 4, 5 and 6] .

8.8               The Minister may delegate any of his or her powers under the Bill and under new Part II of the Dairy Produce Act to the Secretary of AFFA, or an SES or acting SES officer of AFFA [clause 41; Schedule 1 Part 1 item 51 new section 10] .

8.9               Provision is made to ensure that any acquisition of property for the purposes of section 51 (xxxi) of the Constitution effected by the Bill is on just terms [clause 42] .

8.10           Amendments are made to the Dairy Produce Act to assist with proof of declarations and other documents issued under the new Part II of the Dairy Produce Act, for example, declarations of a body as industry services body, and to require declarations under that new Part to be gazetted [Schedule 1 Part 1 item 51 new sections 11 and 12] .

8.11           An express power to make regulations for the purposes of the Bill is given [clause 43] .

8.12           A wrong cross reference in the Dairy Produce Act section 119 (2A) is corrected [Schedule 1 Part 1 item 67] .

Amendments of the Administrative Decisions (Judicial Review) Act 1977

8.13           Schedule 2, paragraph (k) of the Administrative Decisions (Judicial Review) Act 1977 provides that decisions of the ADC of a commercial character are not subject to section 13 of the Act. That section allows a person affected by a decision to obtain a statement of reasons for the decision. The provision will be no longer relevant and is accordingly repealed [Schedule 1 Part 2 item 114] .

Amendments of the Equal Employment Opportunity (Commonwealth Authorities) Act 1987

8.14           The definition of “authority” in section 3 (1) of the Equal Employment Opportunity (Commonwealth Authorities) Act 1987 specifies ADC as an authority subject to the Act. As a private sector authority, Dairy Australia will not be subject to the Act; the provision is therefore repealed [Schedule 1 Part 2 item 115] .

Amendments of the Farm Household Support Act 1992

8.15           Section 3 (2) of the Farm Household Support Act 1992 sets out definitions of terms used in that Act. A new definition of industry services body, with the same meaning as in the Dairy Produce Act as amended by the Bill, is included [Schedule 1 Part 2 item 116] .

8.16           Section 52A of the Farm Household Support Act 1992 provides for the establishment of the Farm Help Re-establishment Grant Scheme. Section 52A (5A) allows for the disclosure of certain information obtained for the administration of dairy-type grants to be provided to the ADC in connection with its administration of DSAF. An amendment is made to refer to the industry services body instead of ADC [Schedule 1 Part 2 item 117] .

8.17           Section 52C of the Farm Household Support Act 1992 provides for the creation of the Dairy Exit P ayment Scheme (“DEP Scheme”). Section 52C (5) allows the DEP Scheme to provide for the disclosure of information obtained for the purposes of the DEP Scheme to ADC in connection with its administration of DSAF. An amendment is made to refer to the industry services body instead of ADC [Schedule 1 Part 2 item 118] .

8.18           Section 56 (2A) and (3) of the Farm Household Support Act 1992 provide for the recovery by the Commonwealth, on behalf of the ADC, of overpaid farm household support amounts and exceptional service release payments. Amendments are made to refer to the industry services body instead of ADC [Schedule 1 Part 2 items 119 and 120] .



Further amendments



8.19           Item 78 amends paragraph 43(3)(a) of Schedule 2 of the Dairy Produce Act to allow for clarification of obligations of staff of the Dairy Adjustment Authority (DAA) to comply with the lawful direction of other Commonwealth bodies.  This is to ensure the staff of the DAA are afforded full protection in the Act should they be required to release information to another Commonwealth Government authority as required by law of the Commonwealth.

9. Index



9.1               This index lists each provision of the Bills (Column 1), the title or subject matter of that provision (Column 2) and the paragraph or paragraphs in this explanatory memorandum dealing with the provision.

9.2               References are to paragraphs in the explanatory memorandum unless otherwise indicated.



Column 1

Column 2

Column 3

Provision

Title etc

paragraph

clause 1

Short title

8.6

clause 2

Commencement

3.11, 8.1, 8.2, 8.3

clause 3

Schedule(s)

 

clause 4

Crown to be bound]

8.7

clause 5

External Territories

8.7

clause 6

Extraterritorial operation

8.7

clause 7

Provision of levy information to ADC

3.4, 3.5

clause 8

Definitions

3.11, 3.37

clause 9

Application for registration

3.9, 3.10

clause 10

Funding contract before registration

5.9

clause 11

Registration as a company under the Corporations Act

3.11

clause 12

Operation of the Corporations Act after conversion time

3.12

clause 13

Accounting records

3.42

clause 14

ADC not to be a Commonwealth authority etc.

3.13

clause 15

Transfer of assets and liabilities

3.14

clause 16

Transfer of pending proceedings

3.14

clause 17

Exemption from stamp duty etc.

3.16

clause 18

References in certain instruments

3.17, 3.32

clause 19

Certificates in relation to assets

3.17

clause 20

Transfer of staff

3.20

clause 21

Terms and conditions of transferred employees

3.21, 3.22, 3.23, 3.31

clause 22

Variation of terms and conditions of employment

3.23

clause 23

Expressions defined in SRC Act

3.24

clause 24

Continued application of SRC Act

3.24

clause 25

Commonwealth liability to meet certain SRC Act liabilities

3.25

clause 26

SRC Act: rehabilitation provisions

3.27

clause 27

Premiums under the SRC Act

3.28

clause 28

Maternity leave starting before conversion time

3.29

clause 29

Maternity leave starting after conversion time

3.29

clause 30

Application of other Superannuation Acts

3.32

clause 31

Application of the Superannuation Benefits (Supervisory Mechanisms) Act 1990

3.32

clause 32

Expressions defined in Long Service Leave Act

3.30

clause 33

Long service leave for employees with less than 10 years service

3.31

clause 34

Payments in lieu of long service leave for employees with less than 10 years service

3.31

clause 35

Payments on the death of an employee

3.31

clause 36

Employee’s long service leave credit for the purposes of sections clause 36 and clause 37

3.31

clause 37

Employees with at least 10 years service

3.31

clause 38

Division not to affect post-commencement long service leave rights

3.31

clause 39

Operation of Archives Act

3.18

clause 40

Certificates etc. taken to be authentic etc.

3.51

clause 41

Delegation

8.8

clause 42

Compensation for acquisition of property

8.9

clause 43

Regulations

8.5, 8.11

Schedule 1 Part 1

 

item 1

Title

8.6

item 2

Subsection 3 (1) (definition of acting Managing Director )

3.36

item 3

Subsection 3(1) (definition of annual operational plan )

3.36

item 4

Subsection 3 (1) (definition of annual report )

3.36

item 5

Subsection 3(1) (definition of appointed member )

3.36

item 6

Subsection 3(1) (definition of Chairperson )

3.36

item 7

Subsection 3(1) (new definition of conversion time )

3.36, 3.37

item 8

Subsection 3(1) (definition of corporate plan )

3.36

item 9

Subsection 3(1) (definition of Corporation )

3.36

item 10

Subsection 3(1) (definition of Corporation levy )

4.8

item 11

Subsection 3 (1) (paragraph (c) of the definition of dairy produce )

4.8

item 12

Subsection 3 (1) (new definition of dairy service levy )

 

item 13

Subsection 3 (1) (new definition of dairy service payments )

 

item 14

Subsection 3 (1) (definition of Deputy Chairperson )

3.36

item 15

Subsection 3 (1) (definition of Domestic Fund )

3.44

item 16

Subsection 3 (1) (new definition of eligible body )

5.3

item 17

Subsection 3 (1) (definition of equal employment opportunity program )

3.36

item 18

Subsection 3 (1) (definition of executive )

3.36

item 19

Subsection 3 (1) (new definition of funding contract )

5.6, 5.17

item 20

Subsection 3 (1) (definition of futures contract )

3.44

item 21

Subsection 3 (1) (definition of futures market )

3.44

item 22

Subsection 3 (1) (definition of Industry Fund )

3.44

item 23

Subsection 3 (1) (new definition of i ndustry services body )

5.17

item 24

Subsection 3 (1) (definition of Managing Director )

3.36

item 25

Subsection 3 (1) (definition of Market Support Fund )

3.44

item 26

Subsection 3 (1) (definition of market support payment )

3.44

item 27

Subsection 3 (1) (new definition of matching payments )

5.17

item 28

Subsection 3 (1) (definition of member )

3.36

item 29

Subsection 3 (1) (definition of money of the Corporation )

3.44

item 30

Subsection 3 (1) (new definition of new dairy levy amounts )

4.8

item 31

Subsection 3 (1) (definition of old corporation levy )

3.44

item 32

Subsection 3 (1) (new definition of old dairy levy amounts )

3.44, 4.8

item 33

Subsection 3 (1) (definition of old dairy products levy )

3.44, 4.7

item 34

Subsection 3 (1) (definition of old market support levy )

3.44, 4.7

item 35

Subsection 3 (1) (definition of old promotion levy )

3.44, 4.7

item 36

Subsection 3 (1) (definition of old research levy )

3.44, 4.7

item 37

Subsection 3 (1) (definition of Promotion Fund )

3.44

item 38

Subsection 3 (1) (definition of promotion levy )

3.44

item 39

Subsection 3 (1) (definition of R&D Corporation )

3.44

item 40

Subsection 3 (1) (definition of R&D Fund )

3.44

item 41

Subsection 3(1) (definition of relevant fund )

3.44

item 42

Subsection 3 (1) (new definition of research levy )

4.8

item 43

Subsection 3 (1) (definition of RIR&D Corporation )

3.44

item 44

Subsection 3 (1) (definition of Selection Committee )

3.36

item 45

Subsection 3 (1) (definition of WTO Agreement )

3.44

item 46

Subsection 3 (1) (definition of WTO Agreement day )

3.44

item 47

Subsection 3 (1) (definition of WTO Agreement year )

3.44

item 48

Subsection 3 (1A)

3.38

item 49

Subsection 3 (1B)

3.38

item 50

Section 3 (note)

3.38

item 51

Repeal of Parts II, III and IV

3.34, 3.35

 

new section 5 ( Funding contract)

4.4

 

new section 6 (Appropriation for payments under funding contract)

4.4

 

new section 7 (Declaration of industry services body)

5.3

 

new section 8 (Use of levy information provided to the industry services body)

3.7, 4.6

 

new section 9 (Recommendations about amount of dairy service levy)

4.5

 

new section 10 (Delegation)

8.8

 

new section 11 (Declarations etc. taken to be authentic etc.)

8.10

 

new section 12 (Publication of declarations)

8.10

item 52

Repeal of sections 51 to 59

 

 

new section 51 ( Definitions)

7.2

 

new section 52 (Regulated dairy produce and regulated dairy markets)

7.2

 

new section 53 (Prohibitions on certain exports of regulated dairy produce to regulated dairy markets)

7.3, 7.4

 

new section 54 (Approvals to export regulated dairy produce to regulated dairy markets)

7.5

item 53

Section 60

7.7

item 54

Part VII

3.43

item 55

Subsections 109(1) and (2)

 

item 56

Section 109A

3.45

item 57

Section 109B

3.45

item 58

Section 109C

3.46

item 59

Section 110

7.8

item 60

Section 114

3.47

item 61

Section 115

8.14

item 62

Subsection 117(1)

8.16

item 63

Section 118

8.17

item 64

Subsection 119 (1)

3.50

item 65

Paragraph 119 (2) (a)

3.50

item 66

Paragraph 119 (2) (b)

3.50

item 67

Subsection 119 (2A)

8.12

item 68

Subsection 119(4)

3.50

item 69

Sections 121 to 125

3.41

item 70

Paragraph 126(c)

7.9

item 71

Schedule 1

3.40

item 72

Clause 2 of Schedule 2 (paragraph s (b) and (c) of the definition of deliver )

6.10

item 73

Clause 2 of Schedule 2 (definition of manufacturing milk )

6.10

item 74

Paragraph 10(d) of Schedule 2

6.10

item 75

Subclause 23 (4) of Schedule 2

6.10

item 76

Subclause 23 (5) of Schedule 2

6.10

item 77

Paragraph 37B (d) of Schedule 2

6.10

item 78

Paragraph 43 (3) (a) of Schedule 2

6.10

item 79

Clause 45 of Schedule 2

6.10

item 80

Subclause 46 (1) of Schedule 2

6.10

item 81

Subclause 48 (1) of Schedule 2

6.10

item 82

Subclause 48 (2) of Schedule 2

6.10

item 83

Subclause 48 (3) of Schedule 2

6.9

item 84

Subclause 48 (6) of Schedule 2

6.10

item 85

Subclause 49 (6) of Schedule 2

6.10

item 86

Subclause 70 (1) of Schedule 2

6.9

item 87

Subclause 70 (2) of Schedule 2

6.10

item 88

Subclause 70 (2) of Schedule 2

6.9

item 89

Subclause 70 (3) of Schedule 2

6.9

item 90

Subclause 72 (1) of Schedule 2

6.10

item 91

Subclause 72 (7) of Schedule 2

6.10

item 92

Subclauses 77 (2) and (3) of Schedule 2

6.10

item 93

New clauses of Schedule 2

 

 

item new clause 77A (The industry services body to keep the Dairy Structural Adjustment Fund)

6.5, 6.6

 

new clause 77B (What the Dairy Structural Adjustment Fund consists of)

6.6

 

new clause 77C (Power to borrow for the purposes of the Dairy Structural Adjustment Fund)

6.9

 

new clause 77D (Funding contract may include provisions relating to the Dairy Structural Adjustment Fund)

6.8

item 94

Paragraphs 78 (a), (b), (c), (d), (e), (f) and (fa) of Schedule 2

6.10

item 95

Paragraph 78 (g) of Schedule 2

6.10

item 96

Paragraph 78 (h) of Schedule 2

6.10

item 97

Paragraph 78 (i) of Schedule 2

6.10

item 98

Paragraph 79 (c) of Schedule 2

6.10

item 99

Paragraph 79 (d) of Schedule 2

6.10

item 100

Paragraph 79 (g) of Schedule 2

6.10

item 101

Paragraph 79 (k) of Schedule 2

6.10

item 102

Paragraph 79 (l) of Schedule 2

6.10

item 103

Paragraph 79 (m) of Schedule 2

6.10

item 104

Paragraph 79 (n) of Schedule 2

6.10

item 105

New clauses of Schedule 2

6.10

 

item new clause 79A (How money is to be kept)

6.6

 

new clause 79B (Money in Dairy Structural Adjustment Fund may be invested)

6.6

 

new clause 79C (Report to Minister)

6.9

item 106

Clause 80 of Schedule 2

6.9

item 107

Clauses 81 and 82 of Schedule 2

6.10

item 108

Subclause 83 (1) of Schedule 2

6.7

item 109

Subclause 83 (2) of Schedule 2

6.7

item 110

Subclause 84 (1) of Schedule 2

6.10

item 111

Subclause 85 (1) of Schedule 2

6.10

item 112

Paragraph 94 (2) (c) of Schedule 2

6.10

item 113

Paragraph 94 (2) (d) of Schedule 2

6.10

Part 2—Amendment of other Acts

 

item 114

Administrative Decisions (Judicial Review) Act 1997 paragraph (k) of Schedule 2

8.13

item 115

Equal Employment Opportunity (Commonwealth Authorities) Act 1987 subsection 3(1) (definition of authority )

8.14

item 116

Farm Household Support Act 1992 subsection 3 (2)

8.15

item 117

Farm Household Support Act 1992 paragraph 52A (5A) (b)

8.16

item 118

Farm Household Support Act 1992 paragraph 52C (5) (b)

8.17

item 119

Farm Household Support Act 1992 subsection 56 (2A)

8.18

item 120

Farm Household Support Act 1992 subsection 56 (3)

8.18

item 121

Primary Industries Levies and Charges Collection Act 1991 , after subsection 27 (3)

3.7, 4.6

item 122

Primary Industries Levies and Charges Collection Act 1991 subsection 27 (4)

3.7, 4.6

item 123

Primary Industries Levies and Charges Collection Act 1991 subsection 27 (4)

3.7, 4.6

item 124

Primary Industries Levies and Charges Collection Act 1991 subsection 27 (4)

3.7, 4.6

item 125

Safety, Rehabilitation and Compensation Act 1988 , subsection 128A (4) (paragraph (e) of the definition of prescribed Commonwealth authority )

3.26

Part 3—Repeal of regulations

 

item 126

Dairy Research and Development Corporation Regulations

3.34

Part 4—Transitional provisions

 

item 127

Dairy produce

8.4

item 128

Continuation of secrecy obligations

3.50

item 129

Final annual reports

3.42

 

 

 

Levy Bill

NOTE: paragraph references are to paragraphs in the Explanatory Memorandum for the Levy Bill

clause 1

Short title

10

clause 2

Commencement

8, 9

clause 3

Schedule(s)

 

Schedule 1 Amendments

 

item 1

Primary Industries (Excise) Levies Act 1999 paragraphs 6 (1) (d), (e) and (f) of Schedule 6

4

item 2

Primary Industries (Excise) Levies Act 1999 subclause 10 (1) of Schedule 6

5

item 3

Primary Industries (Excise) Levies Act 1999 clause 11 of Schedule 6 (table items 3, 4 and 5)

5

item 4

Primary Industries (Excise) Levies Act 1999 clause 12 of Schedule 6 (table items 3, 4 and 5)

5

item 5

Primary Industries (Excise) Levies Act 1999 paragraphs 13 (4) (a), (b) and (c) of Schedule 6

5

item 6

Primary Industries (Excise) Levies Act 1999 subclause 14 (1) of Schedule 6

5

item 7

Primary Industries (Excise) Levies Act 1999 subclause 14 (3) of Schedule 6

5

item 8

Application

8