Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
Agriculture, Fisheries and Forestry Legislation Amendment Bill (No. 2) 2004

Bill home page  


Download WordDownload Word


Download PDFDownload PDF

 

 

 

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 further provides for the tabling in the Parliament of any funding agreements entered into between the Minister and live-stock export bodies and for the tabling of compliance reports and annual reports from those bodies.

 

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).

 

In addition, the Bill includes amendments to the definitions of “meat”, “live-stock” and “edible offal” in section 3 of the AMLI Act to separate the definition of “live-stock” from the definitions of “meat” and “edible offal”.

 

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 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. 

 

The amendments contained in Schedule 3 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.

 

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 sets out commencement information in a table and specifies that each provision of the Act specified in column 1 of the table commences or is taken to have commenced on the day or at the time specified in column 2 of the table .

 

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 a new Division 4 that provides for the Minister’s requirement to report to the Parliament in regard to any funding agreement entered into between the Minister and live-stock export bodies declared under the Act.

 

32.               Subsection 68A provides that Division 4 applies if the Minister and either or both the live-stock export marketing body or the live-stock export research body enter into a funding agreement. 

 

33.               Subsection 68B requires the Minister to table in each House of the Parliament a copy of the funding agreement or a variation to the agreement within 14 sitting days after entering into or varying such an agreement. 

 

34.               Subsection 68C requires the Minister to arrange for a report on the compliance by the live-stock export body with the funding agreement to be tabled in the Parliament as soon as practicable after the end of each financial year. 

 

35.               Subsection 68D provides that if the live-stock export body with which the funding agreement is made provides the Minister with a copy of its annual report, the Minister must arrange for the report to be tabled in both Houses of Parliament as soon as practicable after the report is received.

 

Item 29.

 

36.               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 30.

 

37.               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 31.

 

38.               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 32.

 

39.               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 33.

 

40.               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 34.

 

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

 

Item 35.

 

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

 

Item 36.

 

43.               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 37.

 

44.               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 38.

 

45.               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 39.

 

46.               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 40.

 

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

 

Item 41.

 

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

 

Item 42.

 

49.               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 43.

 

50.               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 44.

 

51.               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 45.

 

52.               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 46.

 

53.               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 47.

 

54.               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 48.

 

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

 

Item 49.

 

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

 

Item 50.

 

57.               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 51.

 

58.               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 52.

 

59.               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 53.

 

60.               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 54.

 

61.               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 55.

 

62.               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 56.

 

63.               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 57.

 

64.               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 58.

 

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

 

Item 59.

 

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

 

Item 60.

 

67.               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 61.

 

68.               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 62.

 

69.               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 63.

 

70.               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 64.

 

71.               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 65.

 

72.               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 66.

 

73.               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 67.

 

74.               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 68.

 

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

 

Item 69.

 

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

 

Item 70.

 

77.               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 71.

 

78.               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 72.

 

79.               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 73.

 

80.               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 74.

 

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

 

Item 75.

 

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

 

Item 76.

 

83.               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 77.

 

84.               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 78.

 

85.               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 79.

 

86.               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 80.

 

87.               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 81.

 

88.               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 82.

 

89.               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 83.

 

90.               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 84.

 

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

 

Item 85.

 

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

 

Item 86.

 

93.               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 87.

 

94.               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 88.

 

95.               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 89.

 

96.               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 90.

 

97.               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 91.

 

98.               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 92.

 

99.               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 93.

 

100.           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 94.

 

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

 

Item 95.

 

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

 

Item 96.

 

103.           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 97.

 

104.           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 98.

 

105.           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 99.

 

106.           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 100.

 

107.           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 101.

 

108.           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 - PRESCRIBED ANIMALS FOR THE PURPOSE OF CERTAIN DEFINITIONS IN AUSTRALIAN MEAT AND LIVE-STOCK INDUSTRY ACT

 

Australian Meat and Live-stock Industry Act 1997

 

Item 1.

 

109.           This item omits the word “live-stock” from the definition of “edible offal” in section 3 of the AMLI Act and substitutes the words “cattle, calves, sheep, lambs, goats or other animals prescribed for the purposes of the definition of meat ”.

 

110.           The purpose of this amendment is to separate the definition of edible offal from the definition of live-stock and link the definition of edible offal to the definition of meat.  Currently, the prescription of animals for the definition of live-stock automatically results in the prescription of those animals for the definition of edible offal.  This amendment links the definition of edible offal to the definition of meat so that any animals prescribed for the purposes of the definition of meat will automatically be prescribed for the purposes of the definition of edible offal.

 

Item 2.

 

111.           This item omits the words “prescribed animals” from the definition of “live-stock” in section 3 of the AMLI Act and substitutes the words “animals prescribed for the purposes of this definition”.

 

112.           The purpose of this amendment is to ensure that additional species of live-stock can be prescribed without affecting the definitions of meat or edible offal.  Following the Keniry Report into Live-stock Exports, the automatic linkage between the definition of live-stock and the definitions of meat and edible offal is no longer appropriate.  In particular, the need to prescribe additional species of “live-stock” for animal welfare reasons does not automatically justify the regulation of the meat or edible offal of these species.

 

Item 3.

 

113.           This item omits the word “live-stock” from the definition of “meat” in section 3 of the AMLI Act and substitutes the words “cattle, calves, sheep, lambs, goats or other animals prescribed for the purposes of this definition”.

 

114.           The purpose of this amendment is to remove the automatic linkage between the definition of meat and the definition of live-stock.  This amendment inserts the actual species of live-stock from which meat, for the purposes of the definition of meat, is derived so that any animals prescribed for the purposes of the definition of live-stock will not affect the definition of meat.



 

Item 4.

 

115.           This item is a transitional provision explaining that any licences, orders or other instruments applied to the meat, meat product, meat by-product or edible offal of an animal that is at the time a prescribed animal for the purposes of the definition of live-stock ceases to apply after the commencement of items 1 and 3 of this Schedule.  The provision confirms, however, that the application of the licence to any other meat, meat product, meat by-product or edible offal is not affected by the amendments made by items 1 and 3.

 

116.           The purpose of this provision is to put it beyond doubt that licences, orders or other instruments applying to the meat, meat product, meat by-product or edible offal of an animal that is at the time a prescribed animal will become ineffective on the commencement of items 1 and 3 but will not effect the meat, meat product, meat by-product or edible offal of animals that are not at the time prescribed animals, such as cattle, calves, sheep, lambs and goats.

 

117.           This provision also makes it clear that the amendment made by item 2 (that is, the amendment to the definition of live-stock) does not affect the validity of any regulation made before item 2 commences.

 

SCHEDULE 3 - TECHNICAL AMENDMENTS

 

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

 

118.           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.

 

119.           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.

 

120.           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.

 

121.           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.

 

122.           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.

 

123.           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.

 

124.           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.

 

125.           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.