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Agriculture, Fisheries and Forestry Legislation Amendment Bill (No. 2) 2004

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2002-2003-2004

 

 

 

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

 

 

 

HOUSE OF REPRESENTATIVES

 

 

 

 

 

AGRICULTURE, FISHERIES AND FORESTRY LEGISLATION

AMENDMENT BILL (No. 2) 2004

 

 

 

 

 

 

 

EXPLANATORY MEMORANDUM

 

 

 

 

 

 

 

 

 

(Circulated by authority of the Minister for Agriculture, Fisheries and Forestry,

the Hon Warren Truss MP)

 

 



 

AGRICULTURE, FISHERIES AND FORESTRY LEGISLATION AMENDMENT BILL (No. 2) 2004

 

General Outline

 

This Bill amends the Australian Meat and Live-stock Industry Act 1997 (the AMLI Act) to allow, in addition to the current arrangements, an industry organisation representing live-stock exporters to be determined as a marketing body and as a research body for the purpose of receiving revenue derived from compulsory charges applied to the live-stock export industry from time to time. 

 

The current AMLI Act limits the determinations to only a single industry marketing body and a single industry research body, which constrains the disbursement of levies and charges collected under complementary legislation.  The amendment will allow the appropriate industry organisations to be determined by the Minister as being eligible to receive the guaranteed funding necessary for the sustained productivity of the live-stock export trade. 

 

The amendment also ensures that the matching funds provided by the Commonwealth for the live-stock export industry research activities continues to pass to the body determined to be the industry research body - currently Meat and Live-stock Australia (MLA).

 

The purpose of this Bill is to give effect in part to the Government’s response to the Keniry Report into Live-stock Exports, announced by the Minister for Agriculture, Fisheries and Forestry on 30 March 2004, by amending the AMLI Act. 

 

The Bill provides the basis for introducing greater flexibility for the disbursement of funds derived from the collection of compulsory levies and charges by:  

·             allowing for an industry organisation representing live-stock exporters to be determined as a marketing body and as a research body for the purpose of receiving revenue derived from compulsory customs charges applied to the live-stock export industry; and

·             enabling the matching funds provided by the Commonwealth for research and development to continue to be provided to the industry research body.

 

The amendments in the Bill will ensure that the legislative framework is in place for the changes to the live-stock export industry’s structural and funding arrangements that complement the package of reforms to the live-stock export trade announced by the Australian Government on 30 March 2004.

 

The amendments contained in Schedule 2 to the Bill are merely technical. These amendments make corrections to the commencement provisions of the Agriculture, Fisheries and Forestry Legislation Amendment Act (No. 1) 2003 and the Agriculture, Fisheries and Forestry Legislation Amendment Act (No. 1) 2004 to take account of changes in the Short Titles of certain Acts referred to in those commencement provisions. This will ensure that there are no problems with the commencement of these two Acts.

 

The Primary Industries Customs (Charges) Act 1999 (the Customs Charges Act) and the Primary Industries (Excise) Levies Act 1999 (the Levies Act) and their respective subordinate legislation provide that levies and charges applied under these Acts allow for revenue from those levies and charges to be directed to bodies determined by the Minister as the research body and the marketing body for the red meat industry under the AMLI Act.  This revenue is to be used by these bodies for research and marketing purposes, with the research funds being matched by the Commonwealth under conditions prescribed in the AMLI Act.

 

Charges that would be applied to the live animal export sector of the industry have their operating rates set at zero.  This was effected with the agreement of the industry at the time it underwent a major restructure in 1997-98.  The live-stock export sector sought to raise its funding by voluntary contributions from members and those funds would be directed, on a contestable basis, to the declared bodies for research and marketing purposes.  The industry agreed that, should the funding received from voluntary contributions be insufficient to meet the sector’s industry obligations, the Minister could suspend this arrangement and activate the compulsory charges.

 

The AMLI Act provides for the determination by the Minister of only a single industry body for each of research and marketing, although as is the case now, the same body may be determined to be both the industry research body and the industry marketing body.  This limits the payment of funds received from levies and charges to one organisation only.  The body determined by the Minister to be both the industry marketing body and the industry research body is MLA.

 

The Keniry Report and the subsequent government decisions flowing from that report have identified a discrete role for the Australian Livestock Export Corporation Limited (LiveCorp), the operational arm of the live-stock export sector of the red meat industry.  The Report recommended that industry should be responsible for research and development (R&D) and management of quality assurance systems to support its members translate best practice standards into outcomes consistent with best practice and that its activities should be funded by a compulsory charge.  The Government agreed that LiveCorp should continue its R&D, marketing, improved quality assurance and capability undertakings on behalf of the live export sector of the red meat industry.  The Government also agreed to put in place the compulsory charges that provide the necessary financial underpinning for LiveCorp’s new role.

 

The Bill will delete the reference to the current marketing and research bodies and permit the Minister to declare an industry marketing body and an industry research body and also allow a live-stock export marketing body and a livestock export research body to be declared.  The industry research body (at present MLA) will continue to draw Commonwealth matching funds for research activities. 

 

During the consultations leading to the restructure of the red meat industry in 1997 the government and industry agreed that certain fundamental activities should be supported by funds from compulsory levies and charges.  These included industry marketing and research activities.  These funds, specifically identified as separate components of each applicable levy or charge, were to be paid to MLA, which, although established as the industry’s producer body, was recognised at the time as the most appropriate body to coordinate marketing and research activity.

 

The live-stock export sector sought to be exempted from the imposition of compulsory levies.  It elected instead to obtain funding from voluntary contributions, which, through a formal donor company, would be paid to MLA for agreed research and marketing projects.  However, the projects were to be contestable, while Commonwealth matching funds for research would only be paid to MLA on the basis of research activities undertaken by MLA, part of which would be supported through voluntary contributions made available through the prescribed donor companies. 

 

This arrangement was accepted by the Government and the industry on the basis that, should the revenue collected be insufficient to meet the sector’s industry obligations, the Minister could apply the appropriate charges to that sector in the same manner as applied to the rest of the industry.  These arrangements required the determination of a single industry research body and a single industry marketing body.  The Minister determined that in each case this should be MLA.

 

The expanding activities of LiveCorp since that time and the role envisaged for the organisation following the resolutions of the Keniry Review have identified that the revenue obtained by LiveCorp through voluntary contributions is inadequate and inappropriate to guarantee its long term sustainability so that it can continue to undertake its industry obligations.  Under existing legislative arrangements the Minster can agree to the imposition of a customs charge to collect marketing and research funds, these funds would be directed to MLA and not LiveCorp.  The Government has agreed that the necessary legislative changes should be made to permit LiveCorp (or any other organisation that may be determined by the Minister) to receive its export charge-based revenue directly. 

 

Current legislation also requires that Commonwealth matching funds for approved research expenditure be paid to the single declared research body.  This reflects an industry position that the most appropriate body for coordinating the delivery of research activity on behalf of the industry remains MLA.  The Bill will therefore provide that MLA, or the body determined to be the industry research body, will be the only body eligible to receive Commonwealth matching funds for research.

 

Financial impact statement

 

The Bill will require no additional Commonwealth expenditure.   As a first measure, the Commonwealth will implement a compulsory charge to fund industry initiatives.  This process was considered when the Customs Charges Act and supporting legislation was prepared and includes provision for the charge but sets the amount at zero.  In lieu of the charge, industry members paid a voluntary contribution to LiveCorp designed to fund marketing activities and sector research projects and to offset operating costs.  This included contributions to MLA for agreed research projects that were matched by the Commonwealth.

 

The Minister reserved the right to activate the compulsory charge should the revenue obtained voluntarily be insufficient for LiveCorp to maintain its industry obligations and this has been identified to be the case.  Industry has requested the Government apply a compulsory charge on live-stock exports and this approach has been recommended in the Keniry Report.

 

The Commonwealth will match the research and development component of the Customs charge that is paid to the body identified as the industry research body.  Funds directed to the industry research body by the live-stock export research body will be similar to those provided from the voluntary contribution arrangements and well within the limit of 0.5% of the annual Gross Value of Production for the industry.  No additional matching Commonwealth funding is anticipated.

 



AGRICULTURE, FISHERIES AND FORESTRY AMENDMENT BILL (No. 2) 2004

 

NOTES ON CLAUSES

 

Clause 1 - Short Title

 

1.      Clause 1 is a formal provision specifying that the Act may be cited as the Agriculture, Fisheries and Forestry Legislation Amendment Act (No. 2) 2004.

 

Clause 2 - Commencement

 

2.      Clause 2 provides that sections 1 to 3 will commence on the day on which the Act receives the Royal Assent.

 

Clause 3 - Schedule

 

3.      Clause 3 provides that the amendment of each Act specified in the Schedule to the Bill and any other item in the Schedule will have effect according to its terms.

 

SCHEDULE 1 - LIVE-STOCK EXPORT MARKETING BODY AND  LIVE-STOCK EXPORT RESEARCH BODY

 

Australian Meat and Live-stock Industry Act 1997

 

Item 1

 

4.                   This item inserts a definition for an “industry marketing body” in section 58 of the Australian Meat and Live-stock Industry Act 1997 .  The definition replaces the existing term: “marketing body”.

 

Item 2

 

5.                   This item inserts a definition for an “industry research body” in section 58 of the Australian Meat and Live-stock Industry Act 1997 .  The definition replaces the existing term: “research body”.

 

Item 3

 

6.      This item inserts a new definition for a “live-stock export marketing body” in section 58 of the Australian Meat and Live-stock Industry Act 1997

 

Item 4

 

7.      This item inserts a new definition for a “live-stock export research body” in section 58 of the Australian Meat and Live-stock Industry Act 1997

 



Item 5

 

8.      This section repeals the current definition of “marketing body” in section 58.  This definition is replaced by the definition: “industry marketing body” introduced in item 1.

 

Item 6

 

9.      This section repeals the current definition of “research body” in section 58.  This definition is replaced by the definition: “industry research body” introduced in item 2.

 

Item 7

 

10.    This item amends section 60(3) by removing reference to the existing powers of the Minister to declare the same organisation as both the marketing and research bodies and replacing them with additional subsections providing the Minister with the power to declare a body to be the live-stock export marketing body (section 60(3)) and to declare a body to be the live-stock export research body (section 60(3A)).  A new section 60(3B) provides the limitations on the combinations of industry and live-stock export marketing and research bodies that may be declared by the Minister.  These allow the Minister to declare the same body to be both the industry marketing body and the industry research body and to declare the same body to be both the live-stock export marketing body and the live-stock export research body.  However the Minister must not declare the same body to be both the industry and the live-stock export marketing bodies or both the industry and the live-stock export research bodies.  The Minister is also precluded from declaring more than one body of each type at the same time.

 

Item 8 and Item 9

 

11.               These items insert “industry” before “marketing body” in section 60(4) and “industry” before “research body” in section 60(5).  These amendments redefine the bodies to separately describe the constraints applied to the Minister when determining bodies to be industry marketing or research bodies. 

 

Item 10

 

12.    This item extends the provisions of section 60, describing conditions that must satisfy the Minister before he may declare a body to be the live-stock export marketing body or the live-stock export research body.  Sections 60(5A) and 60(5B) identify that the body must have consented to the declaration, be an incorporated company limited by guarantee and, taking into account certain factors, must convince the Minister that it can appropriately represent the live-stock export industry in regard to its marketing and research activities respectively.

 

Item 11

 

13.    This item inserts “industry” before “research body” in section 61(1).  This and other similar changes differentiate the marketing body representing the broader industry and the marketing body representing the live-stock export sector. 



Item 12

 

14.    This item inserts “, live-stock export marketing body, the live-stock export research body” after “research body” in section 62.  This identifies the new range of marketing and research bodies required to inform the Minister about changes to their memoranda and articles of association. 

 

Item 13

 

15.    This item inserts “industry” before “marketing body” in section 63(1A).  This and other similar changes differentiate the marketing body representing the broader industry and the marketing body representing the live-stock export sector.

 

Item 14

 

16.    This item repeals paragraphs 63(1A)(d) and (g).  The effect of the repeal is to remove those payments to the industry marketing body of the amounts received by the Commonwealth under paragraphs 3(a), 4(a) and 5(a) of Schedule 11 of the Primary Industries Customs (Charges) Act 1999 and paragraphs 3(1)(a) of Schedule 2 of the Primary Industries Customs (Charges) Act 1999.  These amounts represent the marketing component of the customs charges relating to live-stock exports.

 

Item 15

 

17.    This item inserts “industry” before “marketing body” in section 63(1).  This and other similar changes differentiate the marketing body representing the broader industry and the marketing body representing the live-stock export sector.

 

Item 16

 

18.    This item inserts “industry” before “marketing body” in section 63(2).  This and other similar changes differentiate the marketing body representing the broader industry and the marketing body representing the live-stock export sector.

 

Item 17

 

19.    This item inserts “industry” before “research body” in section 64(1A).  This and other similar changes differentiate the research body representing the broader industry and the research body representing the live-stock export sector.

 

Item 18

 

20.    This item repeals paragraphs 64(1A)(d) and (g).  The effect of the repeal is to remove those payments to the industry research body of the amounts received by the Commonwealth under paragraphs 3(b), 4(b) and 5(b) of Schedule 11 of the Primary Industries Customs (Charges) Act 1999 and paragraphs 3(1)(b) of Schedule 2 of the Primary Industries Customs (Charges) Act 1999.  These amounts represent the research component of the customs charges relating to live-stock exports.

 

Item 19

 

21.    This item inserts “industry” before “marketing body” in section 64(1).  This and other similar changes differentiate the marketing body representing the broader industry and the marketing body representing the live-stock export sector.

 

Item 20

 

22.    This item inserts “industry” before “marketing body” in section 64(2).  This and other similar changes differentiate the marketing body representing the broader industry and the marketing body representing the live-stock export sector.

 

Item 21

 

23.    This item inserts a new section 64A, which identifies the payments to be made to the live-stock export marketing body.  It cites the payments of the amounts received by the Commonwealth under paragraphs 3(a), 4(a) and 5(a) of Schedule 11 of the Primary Industries Customs (Charges) Act 1999 and paragraphs 3(1)(a) of Schedule 2 of the Primary Industries Customs (Charges) Act 1999.  These payments were deleted in Item 14 from the payments to be made to the industry marketing body.

 

24.    This item also inserts a new section 64B, which identifies the payments to be made to the live-stock export research body.  It cites the payments of the amounts received by the Commonwealth under paragraphs 3(b), 4(b) and 5(b) of Schedule 11 of the Primary Industries Customs (Charges) Act 1999 and paragraphs 3(1)(b) of Schedule 2 of the Primary Industries Customs (Charges) Act 1999.  These payments were deleted in Item 18 from the payments to be made to the industry marketing body.

 

Item 22

 

25.    This item repeals subsection 65(2) and substitutes a new subsection 65(2) that updates references to paragraphs that make reference to penalty payments payable under the Primary Industries Levies and Charges Collection Act 1991 .  The update includes references that are affected by the addition of the live-stock export marketing body and the live-stock export research body.

 

Item 23

 

26.    This item inserts “industry” before “research body” (where occurring) in subsections 66(1), (2) and (3).  This and other similar changes differentiate the research body representing the broader industry and the research body representing the live-stock export sector of the industry.

 

Item 24

 

27.    This item inserts “industry” before “marketing body” in subsection 67(1).  This and other similar changes differentiate the marketing body representing the broader industry and the marketing body representing the live-stock export sector.



Item 25

 

28.    This item inserts “industry” before “research body” in subsections 67(2) and (3).  This and other similar changes differentiate the research body representing the broader industry and the marketing body representing the live-stock export sector.

 

Item 26

 

29.    This item inserts new subsections (3A) and (3B) after subsection 67(3).  These subsections replicate the provisions already in place under subsections 67(1) and (2) for the amounts paid to the industry marketing body and the industry research body but provide the arrangements for amounts to be paid to the live-stock export marketing body and the live-stock export research body with reference to the amounts in subsections 64A and 64B.

 

Item 27

 

30.    This item deletes “or 64” from section 68 and substitutes “, 64, 64A or 64B”.  The effect of this change is to cross reference the appropriate sections that refer to reimbursements to the Commonwealth.

 

Item 28

 

31.    This item inserts “industry” before “marketing body” in subsection 69(8) (paragraph (a) of the definition of prescribed body ).  This and other similar changes differentiate the marketing body representing the broader industry and the marketing body representing the live-stock export sector of the industry.

 

Item 29

 

32.    This item inserts “industry” before “research body” in subsection 69(8) (paragraph (a) of the definition of prescribed body ).  This and other similar changes differentiate the research body representing the broader industry and the research body representing the live-stock export sector of the industry.

 

Item 30

 

33.    This item inserts sub-paragraphs (ba) and (bb) after paragraph (b) of the definition of prescribed body in subsection 69(8).  The effect of these additions is to add the live-stock export marketing body and the live-stock export research body to those bodies identified as prescribed bodies under Part 3 of the Australian Meat and Live-stock Industry Act 1997 .

 

Primary Industries (Customs) Charges Act 1999

 

Item 31

 

34.    This item inserts into Clause 1 of Schedule 2 that “live-stock export marketing body” has the same meaning as in Part 3 of the Australian Meat and Live-stock Industry Act 1997 .



Item 32

 

35.    This item inserts into Clause 1 of Schedule 2 that “live-stock export research body” has the same meaning as in Part 3 of the Australian Meat and Live-stock Industry Act 1997 .

 

Item 33

 

36.    This item repeals the definition of “marketing body” in Clause 1 of Schedule 2.

 

Item 34

 

37.    This item repeals the definition of “research body” in Clause 1 of Schedule 2.

 

Item 35

 

38.    This item inserts “live-stock export” before “marketing” in note 1 of subclause 3(1) of Schedule 2.  This and other similar changes differentiate the live-stock export marketing body representing the live-stock export sector of the industry and the marketing body representing the broader industry.

 

Item 36

 

39.    This item inserts “live-stock export” before “research” in note 2 of subclause 3(1) of Schedule 2.  This and other similar changes differentiate the live-stock export research body representing the live-stock export sector of the industry and the research body representing the broader industry.

 

Item 37

 

40.    This item inserts into subclause 1(1) of Schedule 3 that “live-stock export marketing body” has the same meaning as in Part 3 of the Australian Meat and Live-stock Industry Act 1997 .

 

Item 38

 

41.    This item inserts into subclause 1(1) of Schedule 3 that “live-stock export research body” has the same meaning as in Part 3 of the Australian Meat and Live-stock Industry Act 1997 .

 

Item 39

 

42.    This item repeals the definition of “marketing body” in subclause 1(1) of Schedule 3.

 

Item 40

 

43.    This item repeals the definition of “research body” in subclause 1(1) of Schedule 3.



Item 41

 

44.    This item inserts “industry” before “marketing” in note 1 of subclause 3(1) of Schedule 3.  This and other similar changes differentiate the marketing body representing the broader industry and the marketing body representing the live-stock export sector.

 

Item 42

 

45.    This item inserts “industry” before “research” in note 2 of subclause 3(1) of Schedule 3.  This and other similar changes differentiate the research body representing the broader industry and the research body representing the live-stock export sector.

 

Item 43

 

46.    This item inserts “industry” before “marketing” in note 1 of subclause 3(2) of Schedule 3.  This and other similar changes differentiate the marketing body representing the broader industry and the marketing body representing the live-stock export sector.

 

Item 44

 

47.    This item inserts “industry” before “research” in note 2 of subclause 3(2) of Schedule 3.  This and other similar changes differentiate the research body representing the broader industry and the research body representing the live-stock export sector.

 

Item 45

 

48.    This item inserts into Clause 1 of Schedule 11 that “live-stock export marketing body” has the same meaning as in Part 3 of the Australian Meat and Live-stock Industry Act 1997 .

 

Item 46

 

49.    This item inserts into Clause 1 of Schedule 11 that “live-stock export research body” has the same meaning as in Part 3 of the Australian Meat and Live-stock Industry Act 1997 .

 

Item 47

 

50.    This item repeals the definition of “marketing body” in Clause 1 of Schedule 11.

 

Item 48

 

51.    This item repeals the definition of “research body” in Clause 1 of Schedule 11.

 

Item 49

 

52.    This item inserts “live-stock export” before “marketing” in note 1 of Clause 3 of Schedule 11.  This and other similar changes differentiate the live-stock export marketing body representing the live-stock export sector of the industry and the marketing body representing the broader industry.

 

Item 50

 

53.    This item inserts “live-stock export” before “research” in note 2 of Clause 3 of Schedule 11.  This and other similar changes differentiate the live-stock export research body representing the live-stock export sector of the industry and the research body representing the broader industry.

 

Item 51

 

54.    This item inserts “live-stock export” before “marketing” in note 1 of Clause 4 of Schedule 11.  This and other similar changes differentiate the live-stock export marketing body representing the live-stock export sector of the industry and the marketing body representing the broader industry.

 

Item 52

 

55.    This item inserts “live-stock export” before “research” in note 2 of Clause 4 of Schedule 11.  This and other similar changes differentiate the live-stock export research body representing the live-stock export sector of the industry and the research body representing the broader industry.

 

Item 53

 

56.    This item inserts “live-stock export” before “marketing” in note 1 of Clause 5 of Schedule 11.  This and other similar changes differentiate the live-stock export marketing body representing the live-stock export sector of the industry and the marketing body representing the broader industry.

 

Item 54

 

57.    This item inserts “live-stock export” before “research” in note 2 of Clause 5 of Schedule 11.  This and other similar changes differentiate the live-stock export research body representing the live-stock export sector of the industry and the research body representing the broader industry.

 

Item 55

 

58.    This item inserts into Clause 1 of Schedule 12 that “live-stock export marketing body” has the same meaning as in Part 3 of the Australian Meat and Live-stock Industry Act 1997 .

 

Item 56

 

59.    This item inserts into Clause 1 of Schedule 12 that “live-stock export research body” has the same meaning as in Part 3 of the Australian Meat and Live-stock Industry Act 1997 .

 

Item 57

 

60.    This item repeals the definition of “marketing body” in Clause 1 of Schedule 12.

 

Item 58

 

61.    This item repeals the definition of “research body” in Clause 1 of Schedule 12.

 

Item 59

 

62.    This item inserts “industry” before “marketing” in note 1 of Clause 3 of Schedule 12.  This and other similar changes differentiate the marketing body representing the broader industry and the marketing body representing the live-stock export sector.

 

Item 60

 

63.    This item inserts “industry” before “research” in note 2 of Clause 3 of Schedule 12.  This and other similar changes differentiate the marketing body representing the broader industry and the marketing body representing the live-stock export sector. 

 

Item 61

 

64.    This item inserts “industry” before “marketing” in note 1 of Clause 4 of Schedule 12.  This and other similar changes differentiate the marketing body representing the broader industry and the marketing body representing the live-stock export sector.

 

Item 62

 

65.    This item inserts “industry” before “research” in note 2 of Clause 4 of Schedule 12.  This and other similar changes differentiate the marketing body representing the broader industry and the marketing body representing the live-stock export sector. 

 

Item 63

 

66.    This item inserts “industry” before “marketing” in note 1 of Clause 5 of Schedule 12.  This and other similar changes differentiate the marketing body representing the broader industry and the marketing body representing the live-stock export sector.

 

Item 64

 

67.    This item inserts “industry” before “research” in note 2 of Clause 5 of Schedule 12.  This and other similar changes differentiate the marketing body representing the broader industry and the marketing body representing the live-stock export sector. 

 

Primary Industries (Excise) Levies Act 1999

 

Item 65

 

68.    This item inserts into Clause 1 of Schedule 1 that “industry marketing body” has the same meaning as in Part 3 of the Australian Meat and Live-stock Industry Act 1997 .

 



Item 66

 

69.    This item inserts into Clause 1 of Schedule 1 that “industry research body” has the same meaning as in Part 3 of the Australian Meat and Live-stock Industry Act 1997 .

 

Item 67

 

70.    This item repeals the definition of “marketing body” in Clause 1 of Schedule 1.

 

Item 68

 

71.    This item repeals the definition of “research body” in Clause 1 of Schedule 1.

 

Item 69

 

72.    This item inserts “industry” before “marketing” in note 1 of subclause 3(1) of Schedule 1.  This and other similar changes differentiate the marketing body representing the broader industry and the marketing body representing the live-stock export sector. 

 

Item 70

 

73.    This item inserts “industry” before “research” in note 2 of subclause 3(1) of Schedule 1.  This and other similar changes differentiate the marketing body representing the broader industry and the marketing body representing the live-stock export sector. 

 

Item 71

 

74.    This item inserts into Clause 1 of Schedule 3 that “industry marketing body” has the same meaning as in Part 3 of the Australian Meat and Live-stock Industry Act 1997 .

 

Item 72

 

75.    This item inserts into Clause 1 of Schedule 3 that “industry research body” has the same meaning as in Part 3 of the Australian Meat and Live-stock Industry Act 1997 .

 

Item 73

 

76.    This item repeals the definition of “marketing body” in Clause 1 of Schedule 3.

 

Item 74

 

77.    This item repeals the definition of “research body” in Clause 1 of Schedule 3.

 

Item 75

 

78.    This item inserts “industry” before “marketing” in note 1 of subclause 6(1) of Schedule 3.  This and other similar changes differentiate the marketing body representing the broader industry and the marketing body representing the live-stock export sector. 



Item 76

 

79.    This item inserts “industry” before “research” in note 2 of subclause 6(1) of Schedule 3.  This and other similar changes differentiate the research body representing the broader industry and the research body representing the live-stock export sector. 

 

Item 77

 

80.    This item inserts “industry” before “marketing” in note 1 of subclause 6(2) of Schedule 3.  This and other similar changes differentiate the marketing body representing the broader industry and the marketing body representing the live-stock export sector. 

 

Item 78

 

81.    This item inserts “industry” before “research” in note 2 of subclause 6(2) of Schedule 3.  This and other similar changes differentiate the research body representing the broader industry and the research body representing the live-stock export sector. 

 

Item 79

 

82.    This item inserts “industry” before “marketing” in note 1 of subclause 6(3) of Schedule 3.  This and other similar changes differentiate the marketing body representing the broader industry and the marketing body representing the live-stock export sector. 

 

Item 80

 

83.    This item inserts “industry” before “research” in note 2 of subclause 6(3) of Schedule 3.  This and other similar changes differentiate the research body representing the broader industry and the research body representing the live-stock export sector. 

 

Item 81

 

84.    This item inserts into Clause 1 of Schedule 17 that “industry marketing body” has the same meaning as in Part 3 of the Australian Meat and Live-stock Industry Act 1997 .

 

Item 82

 

85.    This item inserts into Clause 1 of Schedule 17 that “industry research body” has the same meaning as in Part 3 of the Australian Meat and Live-stock Industry Act 1997 .

 

Item 83

 

86.    This item repeals the definition of “marketing body” in Clause 1 of Schedule 17.

 

Item 84

 

87.    This item repeals the definition of “research body” in Clause 1 of Schedule 17.

 



Item 85

 

88.    This item inserts “industry” before “marketing” in note 1 of subclause 3(1) of Schedule 17.  This and other similar changes differentiate the marketing body representing the broader industry and the marketing body representing the live-stock export sector. 

 

Item 86

 

89.    This item inserts “industry” before “research” in note 2 of subclause 3(1) of Schedule 17.  This and other similar changes differentiate the research body representing the broader industry and the research body representing the live-stock export sector. 

 

Item 87

 

90.    This item inserts “industry” before “marketing” in note 1 of subclause 3(2) of Schedule 17.  This and other similar changes differentiate the marketing body representing the broader industry and the marketing body representing the live-stock export sector. 

 

Item 88

 

91.    This item inserts “industry” before “research” in note 2 of subclause 3(2) of Schedule 17.  This and other similar changes differentiate the research body representing the broader industry and the research body representing the live-stock export sector. 

 

Item 89

 

92.    This item inserts “industry” before “marketing” in note 1 of subclause 3(3) of Schedule 17.  This and other similar changes differentiate the marketing body representing the broader industry and the marketing body representing the live-stock export sector. 

 

Item 90

 

93.    This item inserts “industry” before “research” in note 2 of subclause 3(3) of Schedule 17.  This and other similar changes differentiate the research body representing the broader industry and the research body representing the live-stock export sector. 

 

Item 91

 

94.    This item inserts into Clause 1 of Schedule 18 that “industry marketing body” has the same meaning as in Part 3 of the Australian Meat and Live-stock Industry Act 1997 .

 

Item 92

 

95.    This item inserts into Clause 1 of Schedule 18 that “industry research body” has the same meaning as in Part 3 of the Australian Meat and Live-stock Industry Act 1997 .

 

Item 93

 

96.    This item repeals the definition of “marketing body” in Clause 1 of Schedule 18.

 

Item 94

 

97.    This item repeals the definition of “research body” in Clause 1 of Schedule 18.

 

Item 95

 

98.    This item inserts “industry” before “marketing” in note 1 of subclause 4(1) of Schedule 18.  This and other similar changes differentiate the marketing body representing the broader industry and the marketing body representing the live-stock export sector.

 

Item 96

 

99.    This item inserts “industry” before “research” in note 2 of subclause 4(1) of Schedule 18.  This and other similar changes differentiate the marketing body representing the broader industry and the marketing body representing the live-stock export sector. 

 

Item 97

 

100.  This item inserts “industry” before “marketing” in note 1 of subclause 4(3) of Schedule 18.  This and other similar changes differentiate the marketing body representing the broader industry and the marketing body representing the live-stock export sector.

 

Item 98

 

101.  This item inserts “industry” before “research” in note 2 of subclause 4(3) of Schedule 18.  This and other similar changes differentiate the marketing body representing the broader industry and the marketing body representing the live-stock export sector. 

 

Item 99

 

102.  This item inserts “industry” before “marketing” in note 1 of subclause 4(4) of Schedule 18.  This and other similar changes differentiate the marketing body representing the broader industry and the marketing body representing the live-stock export sector.

 

Item 100

 

103.  This item inserts “industry” before “research” in note 2 of subclause 4(4) of Schedule 18.  This and other similar changes differentiate the marketing body representing the broader industry and the marketing body representing the live-stock export sector. 



 

SCHEDULE 2 - TECHNICAL AMENDMENTS

 

Part 1 - Agriculture, Fisheries and Forestry Legislation Amendment Act (No. 1) 2003

 

104.  Items 1 to 6 make minor technical amendments to the Agriculture, Fisheries and Forestry Legislation Amendment Act (No. 1) 2003 .  These amendments are necessary because the Agriculture, Fisheries and Forestry Legislation Amendment Act (No. 2) 2003 passed Parliament as the Agriculture, Fisheries and Forestry Legislation Amendment Act (No. 1) 2004.

 

Item 1

 

105.  This item substitutes “ Agriculture, Fisheries and Forestry Legislation Amendment Act (No. 1) 2004 ” for “ Agriculture, Fisheries and Forestry Legislation Amendment Act (No. 2) 2003 ” in table item 4, column 2 of subsection 2(1).

 

Item 2

 

106.  This item substitutes “ Agriculture, Fisheries and Forestry Legislation Amendment Act (No. 1) 2004 ” for “ Agriculture, Fisheries and Forestry Legislation Amendment Act (No. 2) 2003 ” in table item 6, column 2 of subsection 2(1).

 

Item 3

 

107.  This item substitutes “ Agriculture, Fisheries and Forestry Legislation Amendment Act (No. 1) 2004 ” for “ Agriculture, Fisheries and Forestry Legislation Amendment Act (No. 2) 2003 ” in table item 8, column 2 of subsection 2(1).

 

Item 4

 

108.  This item substitutes “ Agriculture, Fisheries and Forestry Legislation Amendment Act (No. 1) 2004 ” for “ Agriculture, Fisheries and Forestry Legislation Amendment Act (No. 2) 2003 ” in subsection 2(3).

 

Item 5

 

109.  This item substitutes “ Agriculture, Fisheries and Forestry Legislation Amendment Act (No. 1) 2004 ” for “ Agriculture, Fisheries and Forestry Legislation Amendment Act (No. 2) 2003 ” in Schedule 5 (note to Schedule heading).

 

Item 6

 

110.  This item repeals the heading for Schedule 5 (before item 1) and substitutes “ Agriculture, Fisheries and Forestry Legislation Amendment Act (No. 1) 2004 ”.

 



Part 2 - Agriculture, Fisheries and Forestry Legislation Amendment Act (No. 1) 2004

 

Item 7

 

110.  Item 7 makes a minor technical amendment to the Agriculture, Fisheries and Forestry Legislation Amendment Act (No. 1) 2004.  The amendment replaces the reference in subsection 2(1) (table item 5B, column 2) to the Australian Federal Police and Other Legislation Amendment Act 2003 with a reference to Australian Federal Police and Other Legislation Amendment Act 2004.  This amendment reflects the new short title that has been given to this legislation which is still in the form of a Bill before Parliament.