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Purpose This is an omnibus Bill that will make a number of largely non- contentious amendments to legislation administered by the Primary Industries and Energy portfolio. The major amendment will replace the Australian Pig Industry Policy Council with the Australian Pig Industry Council.
Background As there is no central theme to the amendments contained in this Bill, the background to each major amendment will be dealt with below.
Main Provisions
Amendments to the Pig Industry Act 1986 The Pork Council of Australia will be substituted for the Australian Pork Producer Federation as an `eligible industry body' by subclause 4(1). Under the Pig Industry Act 1986 (the Principal Act), eligible industry bodies consult with the Australian Pig Corporation on such matters as the rate of levy which may be prescribed for pig research and development and nominate two members to the Australian Pork Corporation Selection Committee. The rationale provided by the Minister in the Second Reading Speech to this Bill for the substitution proposed by subclause 4(1), is that the Australian pork industry formed the Pork Council of Australia in March 1992 to supersede the Australian Pork Producers' Federation as the sole nationally representative body of pig producers.
The Pork Council of Australia will be substituted for the Australian Pork Producers Federation as the body that may nominate two members to the Australian Pork Corporation Selection Committee by clause 8. The Committee currently consists of a Presiding Member, two members nominated by the Australian Pork Producers' Federation and one member nominated by the National Meat Processors' Association. The functions of the Committee are to select and nominate persons for appointment as members of the Australian Pork Corporation. The rationale for the substitution proposed by clause 8 is the same as for subclause 4(1).
Part III of the Principal Act will be repealed by clause 10. Part III of the Principal Act deals with the Australian Pig Industry Policy Council which is to be replaced by the Australian Pig Industry Council by clause 12. The main functions of the present Council are to inquire into and report to the Minister about matters affecting the well- being of the Australian pork industry and to develop recommendations and plans for measures to safeguard or further the interests of the industry. The Council currently consists of a Chairperson, the Chairperson of the Australian Pork Corporation, the President and Senior Vice- President of the Australian Pork Producers' Federation, the Chairpersons of the National Smallgoods Council and Pig Research and Development Corporation.
The rationale provided by the Minister in the Second Reading Speech to this Bill for the replacement, is that the proposed changes will enable the new Council to more effectively perform its role of coordinating and formulating industry policy.
Amendments to the Primary Industry Councils Act 1991 The objective of the Primary Industry Councils Act 1991 (the Principal Act) is to provide for the establishment of primary industry councils to facilitate industry involvement in the policy formation
process. The functions of primary industry councils include to review and report to the Minister on the strategic direction of the relevant primary industry; to inquire and report on matters affecting the relevant primary industry; and to convene industry review conferences. An industry council is required to report to the Minister on the strategic direction of the relevant primary industry when requested to do so by the Minister. Primary industry council reports are made public in any way the Minister thinks fit and industry council members, or their deputies, are not allowed to make public a report that has not been made public by the Minister. The Principal Act provides for primary industry councils to be established as set out in the Schedule to the Act.
The principal effect of subclause 12(2) of this Bill is to provide for the establishment and constitution of the Australian Pig Industry Council. The proposed Australian Pig Industry Council will comprise a Chairperson, three members appointed on the nomination of the Pork Council of Australia, one member appointed on the nomination of the National Meat Processors Association, one member appointed on the nomination of the Meat and Allied Trades Federation of Australia, the Chairperson of the Australian Pork Corporation and the Chairperson of the Pig Research and Development Corporation. The rationale for subclause 12(2) of this Bill is as for clause 10 of this Bill.
The principal effect of Part 1 of the Schedule to the Principal Act is to provide for the establishment and constitution of the Grains Industry Council. Clause 4 of Part 1 sets out the constitution of the Council. Paragraph 4(i) currently provides for representation by the Chairperson of the Grocery Manufacturers of Australia Limited on the Grains Industry Council. The Chairperson of the Food Committee of the Grocery Manufacturers of Australia Limited will be substituted for the Chairperson of The Grocery Manufacturers of Australia Limited by subclause 12(1) of this Bill. The rationale provided by the Minister in the Second Reading Speech to this Bill for the substitution is that after the introduction of the Principal Act the Grocery Manufacturers of Australia Limited established a Food Committee, the membership of which includes major producers of grain- based food products, and as such, it is more appropriate for that Committee rather than manufacturers of grocery products generally, to be represented on the Grains Industry Council.
Amendments to the Meat and Live- stock Corporation Act 1977 Subsection 30B(4) of the Meat and Live- stock Corporation Act 1977 (the Principal Act) sets out the purposes of an annual general meeting of the Meat and Live- stock Corporation (the Corporation). The effect of paragraph 30B(4)(d)(ii) is to allow debate and a vote on a motion to endorse a recommendation that the Corporation proposes to make to the Minister relating to the rate of levy under the Live- stock Slaughter Levy Act 1964 or the rate of charge under the Live- stock Export Charge Act 1977. The effect of paragraph 30B(4)(d)(iii) is to allow debate and a vote on a motion of no confidence in the Chairperson of the Corporation or in the Corporation.
The amendments proposed by this Bill to the Principal Act basically provide that for: * a paragraph 30B(4)(d)(ii) motion to be effective, it has to be passed by a majority of registered voters; and * a paragraph 30B(4)(d)(iii) motion to be effective, it has to be passed by two- thirds of registered voters who vote provided that there is among those voters a majority respectively of exporters and processors voting.
The rationale provided by the Minister in the Second Reading Speech for these amendments is that they will give effect to the Government's decision that levy motions at annual general meetings should be passed on a simple majority, and that any successful no confidence motion is based on strong industry support.
Amendments to the Meat Research Corporation Act 1985
The amendments proposed by this Bill to the Meat Research Corporation Act 1985 are similar in effect to those proposed by this Bill to the Australian Meat and Live- stock Corporation Act 1977.
Bills Digest Service 24 November 1992 Parliamentary Research Service
This Digest does not have any official legal status. Other sources should be consulted to determine the subsequent official status of the Bill.
Commonwealth of Australia 1992.
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Published by the Department of the Parliamentary Library, 1992.