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Agriculture and Water Resources Legislation Amendment Bill 2016

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2016

 

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

 

 

HOUSE OF REPRESENTATIVES

 

 

 

 

AGRICULTURE AND WATER RESOURCES LEGISLATION AMENDMENT BILL 2016

 

 

 

 

 

 

 

EXPLANATORY MEMORANDUM

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(Circulated by authority of the Deputy Prime Minister and

Minister for Agriculture and Water Resources

the Hon. Barnaby Joyce MP)



AGRICULTURE AND WATER RESOURCES LEGISLATION AMENDMENT BILL 2016

 

GENERAL OUTLINE

The Agriculture and Water Resources Amendment Bill 2016 ( Bill ) will make amendments to a range of portfolio legislation and repeal redundant legislation.

 

A companion bill called the Excise Levies Legislation Amendment (Honey) Bill 2016 will make minor amendments to the Primary Industries (Excise) Levy Act 1999 and to the National Residue Survey (Excise) Levy Act 1998 to remove unnecessary regulation relating to the giving of certificates that are no longer used by the honey industry.

 

The Bill will amend 13 portfolio Acts to cease four redundant statutory bodies, remove unnecessary regulation and improve the operation of existing legislation. A number of the proposed amendments include minor changes to policy.

 

The Bill will also repeal 12 Acts that are redundant or no longer required relating to legislation covering agricultural and veterinary chemicals, the national residue survey, export charges and quarantine fees, rural adjustment and the meat and live-stock and wool industries.

 

A number of portfolio industries will benefit from the Bill with the removal of unnecessary regulation, streamlined administrative practices and reduced complexity making legislation applying to them easier to understand.

 

For example, the Bill will amend the Fisheries Management Act 1991 to remove an unnecessary administrative burden on the fishing industry. Currently, permit holders need to complete an application form each year to apply for a new permit. The amendments will allow the Australian Fisheries Management Authority ( AFMA ) to grant existing permit holders a new permit without the need for them to complete application forms. This will lessen the regulatory burden for fisheries permit holders each year.

 

The Australian Meat and Live-stock Industry Act 1997 currently requires meat exporters to have a licence to export meat-by-products such as skin, hide, tallow, meat meal and inedible offal. The Bill will remove this requirement. As these products are not for human consumption, an export licence is not needed.

 

The Bill also includes a number of measures aimed at improving efficiency and reducing unnecessary administration. For example, the Bill will cease the National Rural Advisory Council, Australian Pesticides and Veterinary Medicines Authority ( APVMA ) Advisory Board and Fishing Industry Policy Council. These government bodies have either served their intended purpose or due to the range of other advice and consultation mechanisms available, are no longer required. The merit review functions of the Statutory Fishing Rights Allocation Review Panel ( panel ) will also be transferred to the Administrative Appeals Tribunal and the panel will be ceased as a separate review body.

 

A number of minor amendments are included in the Bill to improve the readability of portfolio Acts. For example, approximately 40 pages of text of an international fisheries treaty will be deleted from the Fisheries Management Act 1991 . This is consistent with current legislative drafting practice.

A summary of the Acts included in the Bill for amendment or repeal is below. The explanatory notes provide a detailed explanation, together with information about the consultation undertaken by the Department of Agriculture and Water Resources, as relevant.

 

Schedule 1 - amendments

·          Agricultural and Veterinary Chemicals (Administration) Act 1992 to cease the APVMA Advisory Board.

·          Agricultural and Veterinary Chemicals Code Act 1994 to amend the information that must be provided by the APVMA to Food Standards Australia New Zealand and to make a minor technical amendment.

·          Australian Meat and Live-stock Industry Act 1997 to remove the requirement for an export licence to export meat by-products; to repeal obsolete provisions that provide for payments to industry marketing and research bodies and to remove the requirement for certain documents relating to the Australian Livestock Export Corporation Limited to be tabled in Parliament.

·          Biosecurity Act 2015 to make minor technical amendments.

·          Dairy Produce Act 1986 to remove the requirement for certain documents relating to Dairy Australia Limited and the Dairy Structural Adjustment Fund to be tabled in Parliament.

·          Farm Household Support Act 2014 to remove the ability of the Secretary to delegate their general rule-making power. This amendment responds to concerns raised by the Senate Standing Committee on Regulations and Ordinances in its Delegated legislation monitor No. 12 of 2014 .

·          Fisheries Administration Act 1991 to cease the Fishing Industry Policy Council.

·          Fisheries Management Act 1991 to allow AFMA, on its own initiative, to renew an existing permit without existing permit holders needing to re-apply; transfer the functions of the Statutory Fishing Rights Allocation Review Panel to the Administrative Appeals Tribunal and cease the panel; and to remove the text of the Treaty on Fisheries between the Governments of Certain Pacific Island States and the United States of America .

·          Forestry Marketing and Research and Development Services Act 2007 to remove the requirement for certain documents relating to Forest and Wood Products Australia Limited to be tabled in Parliament.

·          Illegal Logging Prohibition Act 2012 to allow the Secretary to delegate powers, relating to the retention of seized things, to inspectors appointed under the Act.

·          Primary Industries Research and Development Act 1989 to remove the requirement for the Minister to organise an annual co-ordination meeting for the chairs of the statutory research and development corporations.

·          Sugar Research and Development Services Act 2013 to remove the requirement for certain documents relating to Sugar Research Australia to be tabled in Parliament.

·          Water Amendment (Review Implementation and Other Measures) Act 2016 to clarify the commencement of amendments dealing with 5 year reviews for monitoring and evaluating the effectiveness of the Basin Plan .



 

Schedule 2 - repeals

Schedule 2 of the Bill will repeal the following 12 Acts that are redundant or no longer required:

 

·          Agricultural and Veterinary Chemicals Legislation Amendment (Removing Re-approval and Re-registration) Act 2014

·          Australian Meat and Live-stock Corporation Amendment Act 1990

·          Export Inspection Charges Collection Act 1985

·          Export Inspection (Establishment Registration Charges) Act 1985

·          Export Inspection (Quantity Charge) Act 1985

·          Export Inspection (Service Charge) Act 1985

·          National Residue Survey (Consequential Provisions) Act 1992

·          National Residue Survey Levies Regulations (Validation and Commencement of Amendments) Act 1999

·          Quarantine (Validation of Fees) Act 1985

·          Rural Adjustment Act 1992

·          Wool International Act 1993

·          Wool International Privatisation Act 1999.

The repeal of the Rural Adjustment Act 1992 will have the effect of ceasing the National Rural Advisory Council.

 

Schedule 2 will also make consequential amendments to the Natural Heritage Trust of Australia Act 1997 arising from the repeal of the Rural Adjustment Act 1992 , as well as other saving and transitional provisions required as a result of the repeals.

 

FINANCIAL IMPACT STATEMENT

 

The proposed amendments have no financial impact on the Australian Government.

 

STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

 

This Bill is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

The full Statement of Compatibility with Human Rights is at the end of this explanatory memorandum.

 

 

 



 

List of Abbreviations

 



Abbreviation

Full reference

AAT

Administrative Appeals Tribunal

Agvet Admin Act

Agricultural and Veterinary Chemicals (Administration) Act 1992

Agvet Code

Agricultural and Veterinary Chemicals Code Act 1994

AHRC Act

Australian Human Rights Commission Act 1986

AIAC

Agricultural Industry Advisory Council

AFMA

Australian Fisheries Management Authority

AMLI Act

Australian Meat and Live-stock Industry Act 1997

APVMA

Australian Pesticides and Veterinary Medicines Authority

Basin Plan

Basin Plan 2012

DSAF

Dairy Structural Adjustment Fund

FA Act

Fisheries Administration Act 1991

FSANZ

Food Standards Australia New Zealand

ILP Act

Illegal Logging Prohibition Act 2012

NRAC

National Rural Advisory Council

PIRD Act

Primary Industries Research and Development Act 1989

RA Act

Rural Adjustment Act 1992

RDC

Research and Development Corporation

RP (Reform) Act

Regulatory Powers (Standardisation Reform) Act 2016

RP(SP) Act

Regulatory Powers (Standard Provisions) Act 2014

SES

Senior Executive Service

SFR

Statutory Fishing Rights

WAR Act

Water Amendment (Review Implementation and Other Measures) Act 2016

 



 

AGRICULTURE AND WATER RESOURCES LEGISLATION AMENDMENT BILL 2016

 

 

NOTES ON CLAUSES

 

Clause 1: Short Title

 

Clause 1 provides for the short title of the Act to be the Agriculture and Water Resources Legislation Amendment Act 2016 .

 

Clause 2: Commencement

 

The table in Clause 2 provides that sections 1 to 3; Schedule 1, items 1 to 52; Schedule 1, items 55 to 57; and Schedule 2 of the Act will commence the day after the Act receives the Royal Assent. Schedule 1, items 53 and 54 will commence on the later of, the day after the Act receives the Royal Assent or immediately after the commencement of the Regulatory Powers (Standardisation Reform) Act 2016 ( RP (Reform) Act ). Schedule 1, Part 2 of the Act will commence on the day being the later of 1 January 2017 or the day after the Act receives the Royal Assent.

 

Clause 3: Schedules

 

Clause 3 provides that each Act specified in a schedule to the Act is amended or repealed as set out in the applicable items in the schedule concerned, and that any other item in a schedule to the Act has effect according to its terms.

 

 

Schedule 1—Amendments

 

Part 1—Main Amendments

 

Agricultural and Veterinary Chemicals (Administration) Act 1992

 

Outline

 

The Bill will cease the Australian Pesticides and Veterinary Medicines Authority ( APVMA ) Advisory Board.

 

The Agricultural and Veterinary Chemicals (Administration) Act 1992 ( Agvet Admin Act ) provides for the establishment of the APVMA Advisory Board. The APVMA Advisory Board can provide advice and make recommendations to the Chief Executive Officer of the APVMA. However, the APVMA Chief Executive Officer already has the ability to consult specifically or more broadly on issues with stakeholders beyond the APVMA Advisory Board when setting the strategic direction of the APVMA.

 

The APVMA has a range of communication mechanisms in place that allow stakeholders to present their views on matters of chemical regulation. The APVMA will still consult with stakeholders to obtain their views through: direct contact with peak bodies or individual entities and their members as appropriate; hosting or participating in information seminars, forums and workshops; business-as-usual activities including product registration and compliance; feedback and online communication with the community and other stakeholders through public consultation, publication of key information via the APVMA’s website, subscriber distribution of industry updates, reporting of adverse experiences and the APVMA Gazette. The APVMA Chief Executive Officer also has the ability to form consultative committees, on an as needs basis, to respond to specific matters.

 

These other consultation mechanisms would not be affected by ceasing the APVMA Advisory Board. The APVMA Advisory Board comprises nine members and, as the APVMA is fully cost recovered, board expenses are paid for by chemical companies through registration fees and therefore this measure will reduce costs to industry. Ceasing the APVMA Advisory Board contributes to the government’s commitment to reducing duplication and improving efficiency through rationalising government bodies.

 

Notes on Clauses

 

Item 1: Section 4

 

Item 1 will repeal obsolete definitions from the ‘Interpretation’ section of the Agvet Admin Act relating to the APVMA Advisory Board. The obsolete definitions being repealed are ‘Advisory Board’, ‘Board member’ and ‘Chair’.

 

Item 2: Subsection 8(3)

 

Item 2 will repeal subsection 8(3) that relates to the AVPMA Advisory Board. Subsection 8(3) provides that the APVMA does not consult the APVMA Advisory Board when the Chief Executive Officer requests advice from the Board.

 

Item 3: Part 3 (heading)

 

Item 3 will repeal the heading ‘Constitution of the APVMA and Advisory Board’, which is the heading to Part 3 of the Agvet Admin Act. Item 1B also inserts a new heading to Part 3 ‘Constitution of APVMA and committees’.

 

Item 4: Divisions 2, 3 and 4 of Part 3

 

Item 4 will repeal divisions 2, 3 and 4 of Part 3 to the Agvet Admin Act. Divisions 2, 3 and 4 contain provisions for the establishment of the APVMA Advisory Board, membership, functions, appointment and terms and conditions of members and the procedures of the APVMA Advisory Board.

 

Item 5: Subsection 28(2)

 

Item 5 will omit the words ‘(whether Board members or not)’ from subsection 28(2) of the Agvet Admin Act, which deals with the establishment of committees.



 

Item 6: Subsections 29A(1) and ( 2)

Item 6 will omit the words ‘(other than a Board member)’ from subsections 29A(1) and (2) of the Agvet Admin Act. Section 29A deals with remuneration and allowances of committee members. This item is necessary following the amendments made at item 4.

 

Item 7: Section 32A

 

Item 7 will repeal section 32A of the Agvet Admin Act. Section 32A provides for how the Chief Executive Officer of the APVMA is to work with the APVMA Advisory Board.

 

Item 8: Subsection 33(2)

 

Item 8 will repeal subsection 33(2) of the Agvet Admin Act. Subsection 33(2) provides that an APVMA Advisory Board member is not eligible for appointment as the Chief Executive Officer of the APVMA.

 

Item 9: Paragraph 69EP(7)(a)

 

Item 9 will repeal paragraph 69EP(7)(a) of the Agvet Admin Act. Section 69EP provides for the APVMA to hold hearings for the purposes of the performance or exercise of its functions or powers. Paragraph (7)(a) provides that, if part of a hearing is held in private, a person must not be present unless he or she is an APVMA Advisory Board member or the Chief Executive Officer of the APVMA. Item 9 also inserts a new paragraph (7)(a) to provide that, if part of a hearing is held in private, a person must not be present unless he or she is the Chief Executive Officer of the APVMA.

 

Item 10: Transitional provision—transfer of records and documents of Advisory Board to the Department

 

Item 10 is a transitional provision that provides for any records or documents that are held by the APVMA Advisory Board immediately before the commencement of this Item to be transferred to the Department of Agriculture and Water Resources.

 

Agricultural and Veterinary Chemicals Code Act 1994

 

Outline

 

The amendments to the Agricultural and Veterinary Chemicals Code Act 1994 ( Agvet Code ) will reduce administrative complexity by removing the need to provide excessive information, not relevant to a decision. Currently, where a decision by the APVMA may, or will alter a Maximum Residue Limit ( MRL ) standard, the APVMA must give Food Standards Australia New Zealand ( FSANZ ) a range of information (set out under Section 8E of the Agvet Code), much of which is not relevant to the proposed change to the MRL standard.

 

The MRL standard sets the residue limits for agricultural and veterinary chemicals in agricultural produce, particularly produce entering the food chain. The amendment will clarify that the APVMA must provide FSANZ with information in relation to the active constituents of the chemical products, which is the information required to be recorded in the MRL standard.

The Bill also fixes an incorrect reference in the Agvet Code.

 

Notes on Clauses

 

Item 11: Subparagraph 8E(2)(b)(i) of the Code set out in the Schedule

 

Item 11 will repeal subparagraph 8E(2)(b)(i) of the Code set out in the Schedule to the Agvet Code and insert a new subparagraph 8E(2)(b)(i), which will require that the notice provided by APVMA to FSANZ sets out the names, or proposed names, of the active constituents concerned.

 

Item 12: Paragraph 117A(1)(a) of the Code set out in the Schedule

 

Item 12 will fix an incorrect reference. Currently paragraph 117A(1)(a) refers to suspension or cancellation of an approval or registration. This reference is incorrect as the section deals with the suspension or cancellation of permits. The amendment will omit the text ‘suspend or cancel the approval, or suspend or cancel the registration, as the case may be’ and substitute it with ‘suspend or cancel the permit’.

 

Item 13: Application provision

 

Item 13 provides that the amendment to section 8E of the Agvet Code, as set out in Item 11 above, will apply to notices given on or after the commencement of this item.

 

Australian Meat and Live-stock Industry Act 1997

 

Outline

 

The amendments to the Australian Meat and Live-stock Industry Act 1997 ( AMLI Act ) will remove the requirement for an export licence to export meat by-products. Meat by-products include skin, hide, tallow, meat meal and inedible offal. As these products are not for human consumption, a licence is not necessary to export these kinds of products.

 

The amendments to the AMLI Act will also repeal obsolete provisions that provide for payments to industry marketing and research bodies under several Acts (listed below), which were repealed in 1999.

 

Part 3, Division 3 of the AMLI Act provides for payments to industry bodies. Subsections 63(1) and 64(1) of the Act provide that payments to marketing bodies and industry research bodies are based on provisions of the following Acts:

·          Live-stock Transactions Levy Act 1997

·          Live-stock Slaughter (Processors) Levy Act 1997

·          Live-stock (Producers) Export Charges Act 1997

·          Live-stock (Exporters) Export Charge Act 1997

·          Beef Production Levy Act 1990

·          Cattle (Producers) Export Charges Act 1997

·          Cattle (Exporters) Export Charge Act 1997

·          Cattle Transactions Levy Act 1997 .

These Acts were repealed by the Primary Industries Levies and Charges (Consequential Amendments) Act 1999 and ceased to have effect on 1 July 1999. Payment of the amounts specified in the repealed Acts were finalised in 2008. There are no outstanding monies to be paid to or by the Commonwealth under these repealed Acts. Therefore, subsections 63(1) and 64(1) of the AMLI Act no longer operate and are obsolete.

 

Notes on Clauses

 

Item 14: Section 3 (definition of meat )

 

Item 14 will omit the text ‘meat by-products’ from the definition of meat .

 

Item 15: Section 3 (definition of meat by-product )

 

Item 15 will repeal the definition of ‘ meat by-product ’.

 

Item 16: Subsections 63(1) and 64(1)

 

Item 16 will repeal subsections 63(1) and 64(1) which provide for payments to marketing bodies and industry research bodies.

 

Item 17: Subsection 65(1)

 

Item 17 will omit the text ‘63(1)(b), 63(1)(e), 64(1)(b), 64(1)(e),’ as a result of the repeal of subsections 63(1) and 64(1).

 

Item 18: Subsection 65(2)

 

Item 18 will omit the text ‘, 63(1)(c), 63(1)(d), 63(1)(f), 63(1)(g)’ as a result of the repeal of subsection 63(1).

 

Item 19: Subsection 65(2)

 

Item 19 will omit the text ‘, 64(1)(c), 64(1)(d), 64(1)(f), 64(1)(g)’ as a result of the repeal of subsection 64(1).

 

Item 20: Subsection 65(3)

 

Item 20 will omit the text ‘, 63(1)(a), 63(1)(h)’ as a result of the repeal of subsection 63(1).

 

Item 21: Subsection 65(3)

 

Item 21 will omit the text ‘, 64(1A)(h), 64(1)(a) or 64(1)(h)’ and substitute ‘or 64(1A)(h)’ as a result of the repeal of subsection 64(1).

 



 

Item 22: Paragraph 66(2)(a)

 

Item 22 will omit the text ‘subsections 64(1A) and (1)’ and substitute ‘subsection 64(1A)’ as a result of the repeal of subsection 64(1).

 

Item 23: Validity of licences not affected by amendments

 

Item 23 provides that the amendments to section 3 of the AMLI Act, as set out in Items 10 and 15 above, will not affect the validity of any licence granted or renewed under Part 2 of the AMLI Act before the commencement of this item.

 

Biosecurity Act 2015

 

Outline

 

The amendments to the Biosecurity Act 2015 will make minor technical amendments, update obsolete references and amend headings.

 

Notes on Clauses

 

Item 24: Section 134 (heading)

 

Item 24 will repeal the heading ‘Treatment that may damage goods’ and insert a new heading to section 134 ‘Treatment that is likely to damage goods’. This amendment will mean the heading more accurately describes the content of the section.

 

Item 25: Section 209 (heading)

 

Item 25 will repeal the heading ‘Treatment that may damage conveyance’ and insert a new heading to section 209 ‘Treatment that is likely to damage conveyance’. This amendment will mean the heading more accurately describes the content of the section.

 

Item 26: Subsection 465(6) (heading)

 

Item 46 will repeal the heading ‘Cessation of biosecurity response zones determined during biosecurity emergencies’ and insert a new heading to subsection 465(6) ‘Cessation of biosecurity response zone determination’. This amendment will mean the heading more accurately describes the content of the section following the amending made in item 27.

 

Item 27: Subsection 465(6)

 

Item 27 will insert after ‘biosecurity response zone’ the word ‘determination’. This is to better align the section to the provisions related to the making of a biosecurity response zone determination in Chapter 5, Part 6 of the Biosecurity Act 2015 .

 



 

Farm Household Support Act 2014

 

Outline

 

The amendments to the Farm Household Support Act 2014 will remove the ability of the Secretary to delegate their general rule-making power. The proposed amendment responds to concerns raised by the Senate Standing Committee on Regulations and Ordinances in its Delegated legislation monitor No. 12 of 2014 .

 

Notes on Clauses

 

Item 28: At the end of section 101

 

Item 28 adds a further subsection to section 101, which provides that the Secretary’s power to make rules by legislative instrument may not be delegated.

 

Fisheries Administration Act 1991

 

Outline

 

The amendments to the Fisheries Administration Act 1991 ( FA Act ) will repeal Part 3 of the Act, which establishes the Fishing Industry Policy Council ( Council ). The Council is redundant because it has never been convened since the legislation commenced in 1991. The same consultation and advice functions that the council was to advise on are being fulfilled by other working groups and committees. This includes fisheries management advisory committees and ad hoc representative committees, such as that formed for the reviews of the Commonwealth harvest strategy and bycatch policy.

 

Direct consultation is also undertaken with stakeholders and their respective bodies, including the National Seafood Industry Alliance and the Commonwealth Fisheries Association. Additionally, the Government is supporting the development of sustainable mechanisms for strong representation through a new non-statutory national commercial fishing peak body.

 

The proposed repeal is consistent with the Government’s policy of reducing the number of government bodies. The repeal was also supported by the Review of Commonwealth Fisheries: Legislation, Policy and Management (December 2012).

 

National and major regional industry bodies have been consulted. No comments were received as a result of stakeholder consultation.

 

Notes on Clauses

 

Item 29: Title

 

Item 29 will delete ‘Fishing Industry Policy Council’ from the title at the beginning of the FA Act.

 



 

Item 30: Section 3

 

Item 30 will repeal section 3 ‘Objects of Act’ and insert a new simplified outline into the FA Act. This is consistent with Parliamentary Counsel Drafting Direction 1.3A.

 

Item 31: Subsection 4(1) (note)

 

Item 31 will repeal the note at the foot of subsection 4(1) that refers to Part 3. Part 3 will be repealed by Item 32 below.

 

Item 32: Part 3

 

Item 32 will repeal Part 3 of the FA Act, which establishes the Council.

 

Fisheries Management Act 1991

 

Outline

 

Items 33 to 52 will make a range of amendments to the Fisheries Management Act 1991 to reduce regulation relating to the issue of fishing permits; cease the Statutory Fishing Rights Allocation Review Panel ( Panel ) and transfer its functions to the Administrative Appeals Tribunal ( AAT ); and reduce complexity by removing the text of an international treaty.

 

The amendments to sections 32 and 91 will allow the Australian Fisheries Management Authority ( AFMA ) to grant existing permit holders a new permit without that permit holder needing to re-apply each time the permit is due to expire. This measure is consistent with the Government’s commitment to remove unnecessary regulation. Currently where AFMA makes a decision to provide for the same permit types in a subsequent fishing season or seasons, AFMA invites existing permit holders to apply for a new permit using a prefilled application form. The permit holder must accept the invitation to be considered for a new permit. Permit holders occasionally overlook the invitation to apply for a new permit and continue to fish without a valid authorisation. The proposed amendment will allow AFMA to grant existing permit holders, who meet eligibility criteria, a new permit without the need for them to complete the application form.

 

Similar amendments are made to section 33, which relates to scientific permits. The amendments to section 33 allow AFMA to grant existing permit holders a new scientific permit without the permit holder needing to re-apply. Scientific permits may be renewed from time to time for a period that is not greater than 6 months.

 

Part 8 of the Act will be amended to cease the Panel and transfer the review functions of the Panel to the AAT. This is consistent with the government’s policy to reduce the number of statutory bodies.

 

The Panel was established to review the merits of administrative decisions made under the Fisheries Management Act 1991 during a period of significant reform including the allocation of statutory fishing rights ( SFR ). The key workload of the Panel was completed during the height of this reform from 2005 to 2011. The Panel’s role in reviewing the allocation of SFRs has diminished, with most SFR grant processes now complete. The Panel last reviewed three applications in 2011. Any remaining SFRs will be deemed a relevant decision under section 165 of the Act, allowing fishers to request AFMA to reconsider the allocation of any SFR decisions in the first instance. As a further recourse fishers will be able to make an application to the AAT for review.

 

The amendments will also remove Schedule 1 of the Act, which contains the text of the Treaty on Fisheries between the Governments of certain Pacific Island States and the United States of America ( Treaty ). Removing the Treaty is consistent with the government’s commitment to reducing complexity in Commonwealth legislation. The amendment would remove the requirement to make legislative amendments to Schedule 1 of the Fisheries Management Act 1991 should the Treaty be revised or updated in the future. Removing the text of the Treaty is also consistent with OPC’s Drafting Direction No. 3.11 Implementing Commonwealth agreements (including treaties and conventions) and Part 7 of Drafting Instruction 2.2 .

 

Notes on Clauses

 

Item 33: Subsection 4(1)

 

Item 33 inserts a definition of ‘grant’, the definition refers to subsections (9) to (11) of section 4. The definition is required to give effect to the amendments made to sections 32, 33, and 91.

 

Item 34: Subsection 4(1)

 

Item 34 repeals the definitions of ‘member’, ‘Panel’, ‘Presiding Member’, and ‘Selection Committee’, all of which relate to the Statutory Fishing Rights Allocation Review Panel.

 

Item 35: Subsection 4(1) (definition of Treaty )

 

Item 35 will omit the words ‘a copy of which is set out in Schedule 1,’ as text of the Treaty on Fisheries between the Governments of Certain Pacific Island States and the United States of America is being removed, consistent with current drafting practice.

 

Item 36: Subsection 4(1) (at the end of the definition of Treaty )

 

Item 36 adds a Note outlining how to view the text of the Treaty.

 

Item 37: At the end of Section 4

 

Item 37 inserts three subsections that explain what is meant by a reference to the term ‘grant’ in relation to fishing permits, scientific permits, and fish receiver permits. These subsections are those referred to in item 33 and are required to give effect to the amendments to enable AFMA to renew permits granted under sections 32 (fishing permits), 33 (scientific permits), and 91 (fish receiver permits).

 

Item 38: Paragraph 23(3)(a)

 

Item 38 omits the words ‘section 143, applications to the Panel may be made for review’ as the Panel is to be ceased and substitutes ‘subsection 165(2), a request to AFMA may be made for reconsideration’. Following this amendment a decision made by AFMA, following a request for reconsideration, may on application be reviewed by the AAT.

 

Item 39: Paragraph 23(3)(b)

 

Item 39 omits the words ‘if an application in relation to the decision is made to the Panel under section 143-before the application is dealt with by the Panel’, and substitutes ‘if a request in relation to the decision is made to AFMA under subsection 165(2)-before the request is dealt with by AFMA’. This measure ensures that a grant of a fishing right must not be made until the application for review is dealt with by AFMA, rather than by the ceased Panel.

 

Item 40: At the end of section 32

 

Item 40 inserts three subsections to the end of section 32 to enable AFMA, upon application by the holder of a fishing permit or by AFMA’s own initiative, to renew the permit from time to time for a period that is not longer than five years.

 

Item 41: Paragraph 33(6)(b)

 

Item 41 inserts the phrase ‘(3) or’ after ‘condition mentioned in subsection’ which adds the conditions set down in subsection 33(3) which cannot be varied or revoked by AFMA under subsection 33(6).

 

Item 42: At the end of section 33

 

Item 42 inserts three subsections to the end of section 33 to enable AFMA, upon application by the holder of a scientific permit or by AFMA’s own initiative, to renew the permit from time to time for a period that is not greater than 6 months.

 

Item 43: After section 57H(2)

 

Item 43 inserts a requirement for AFMA, if AFMA renews a fishing permit, to alter the Fishing Permits Register to record the period of the renewal.

 

Item 44: Subsection 91(10)

 

Item 44 inserts after ‘holder of a permit’ the words ‘or on AFMA’s own initiative’ to enable a fish receiver permit to be renewed. The amendment means that a fish receiver permit can be renewed without the need for the permit holder to apply.

 

Item 45: At the end of section 91

 

Item 45 adds two subsections to support the renewal of fish receiver permits, without an application by the holder, by making any such permit subject to the conditions that attached to the permit immediately before the renewal begins and by not preventing the exercise of other powers by AFMA under subsection 91(6), following the renewal.

 

 

 

Item 46: Paragraph 113(2)(a)

 

Item 46 omits the words ‘granted under section 32’ to allow the section to operate in respect of a fishing permit that is also renewed under section 32.

 

Item 47: Part 8

 

Item 47 repeals all of Part 8. Repealing Part 8 will cease the Statutory Fishing Rights Allocation Review Panel.

 

Item 48: Subsection 165(1) (definition of relevant decision )

 

Item 48 repeals the definition and substitutes a new one which extends the current definition to include decisions mentioned in subsection 23(1) made by AFMA or a Joint Authority.

 

Item 49: Schedule 1

 

Item 49 repeals Schedule 1, which contains the text of the Treaty on Fisheries between the Governments of Certain Pacific Island States and the United States of America . The Treaty will be accessible through the Australian Treaty Series hosted by AustLII ( www.austlii.edu.au ). This amendment means that the Act does not need to be amended each time there is a change to the Treaty.

 

Item 50: Application and saving provisions—Statutory Fishing Rights Allocation Review Panel

 

Item 50 provides that:

·          The amendments made to section 23 of the Fisheries Management Act 1991 made by this Schedule apply in relation to decisions made on or after commencement of this item.

·          The amendments made to section 165 of the Fisheries Management Act 1991 made by this Schedule apply in relation to decisions made on or after commencement of this item.

·          Despite the repeal of Part 8 made by this Schedule, that Part, as in force before the commencement of this item, continues to apply to decisions mentioned in subsection 23(1) of the Fisheries Management Act 1991 that are made before the commencement of this item.

Part 8 is being saved by Item 50 in case decisions are made under section 23(1) before the commencement of these amendments, which could be under review by the Panel. Item 50 will allow for the Panel to be constituted post commencement and have matters remitted to it under section 161 post commencement.

 

Item 51: Application, saving and transitional provisions—renewals of permits

 

Item 51 details when the amendments made to sections 32, 33, and 91 apply. Item 51 makes it clear that the amendments to the sections listed apply to permits that are due to expire on or after the commencement of this item and does not affect permits issued before commencement.

Item 52: Transitional provision—transfer of records and documents of the Statutory Fishing Rights Allocation Review Panel to the Department

 

Item 52 provides that any records or documents of the Panel immediately before the commencement of this item be transferred to the Department after the commencement of this item.

 

Illegal Logging Prohibition Act 2012

 

Outline

 

Items 53 and 54 will make amendments to the Illegal Logging Prohibition Act 2012

( ILP Act ) to enable the Secretary to delegate their powers and functions to an inspector (as defined under section 19) specifically in relation to dealing with things seized during investigations.

 

The Regulatory Powers (Standardisation Reform) Bill 2016 contains amendments to the

ILP Act that will insert the standard provisions of the Regulatory Powers (Standard Provisions) Act 2014 ( RP(SP) Act ). Therefore, sections 66, 67, and 68 of the RP(SP) Act will apply in relation to returning, retaining or disposal of a seized thing on passage of the Regulatory Powers (Standardisation Reform) Bill 2016.

 

The RP (Reform) Act amendments to the ILP Act will mirror those currently in the ILP Act. When applications for retention orders are made currently, they are made in the jurisdiction in which the thing was seized. This means that Senior Executive Service ( SES ) officers from Canberra are often required to travel to hearings on the application, in the relevant jurisdiction.

 

The amendments referred to in items 53 and 54 of the Bill will ensure that the process of applying for retention orders is efficient and effective by enabling inspectors, who are the most familiar with the circumstances in which a thing is seized, to make applications for retention orders. It will no longer be a requirement that only SES officers make the application and appear at a hearing on the application.

 

If an issuing officer requires further information before deciding on an application the process is delayed while the SES officer receives that information from an inspector. This impacts both the Department, courts and the person whose thing has been seized. The ability to delegate the power to apply for retention orders will make the process more efficient.

 

To ensure the Secretary’s powers are not delegated unduly or unnecessarily, the amendment restricts the delegation of those powers and functions to specific sections of the ILP Act and a particular additional defined class of persons.

 

Notes on Clauses

 

Item 53: After subsection 22(6)

 

On commencement of the Regulatory Powers (Standardisation Reform) Act 2016 ( RP (Reform) Act ), item 53 will insert subsection 6(A) in section 22 to allow the Secretary to delegate their powers in sections 66, 67 and 68 of the RP(SP) Act to an inspector appointed under section 19(1) of the ILP Act. Currently, and also following the RP (Reform) Act amendments, the Secretary may only delegate powers to SES level officers. This amendment limits the delegation to a defined class of persons. The amendment will not otherwise affect the Secretary’s general power of delegation in section 22 of the ILP Act, once amended by the RP (Reform) Act.

 

Item 54: Subsection 22(7)

 

Item 54 will insert ‘or (6A)’ after the words ‘subsection (6)’ to reflect the changes made in Item 53. This item will require inspectors who are delegated powers under subsection 22(6) to comply with directions given by the Secretary.

 

Primary Industries Research and Development Act 1989

 

Outline

 

The Primary Industries Research and Development Act 1989 ( PIRD Act ) requires the Minister to organise an annual co-ordination meeting for the chairs of the statutory research and development corporations ( RDCs ). Only five of the 15 RDCs are statutory bodies, and the government has decided that other co-ordination mechanisms would be more appropriate.

 

Notes on Clauses

 

Item 55: Section 142

 

Item 55 will repeal section 142 to remove the requirement for yearly co-ordination meetings between the statutory RDCs to be held. This requirement is removed because, of the 15 RDCs, only five are statutory corporations to which the requirement would apply. The Government considers that regular meetings currently held by the Rural Council of Research and Development Corporations with the chairs of all 15 RDCs more appropriately fulfils this function.

 

Water Amendment (Review Implementation and Other Measures) Act 2016

 

Outline

 

The Water Amendment (Review Implementation and Other Measures) Act 2016 ( WAR Act ) amends the provisions of the Water Act 2007 concerning reviews of some aspects of the Basin Plan 2012 ( Basin Plan ) . The five yearly review of water quality and salinity targets in the water quality and salinity management plan and the environmental watering plan are to be completed by 2020 (re-phased from 2017). In addition the WAR Act amendments required a new five yearly review of social and economic impacts of the Basin Plan, the initial review to be completed by 2020. To give effect to these amendments the Basin Plan must be amended.

 

Notes on Clauses

 

Item 56: Subsection 2(1) (table item 2)

 

Item 56 repeals the current item and inserts a new commencement provision for the amendments at Item 57. Item 56 changes the commencement date for the WAR Act amendment from 1 January 2020 to the day after the Agriculture and Water Resources Legislation Amendment Act 2016 receives Royal Assent.

 

Item 57: After item 1 of Schedule 1

 

Item 57 inserts a new section 1A in Schedule 1 of the WAR Act. It is a n application provision which clarifies that while the provision for a social and economic impacts review does not apply until 1 January 2020, the Basin Plan can be amended to include such a review prior to 2020. The amendment allows the relevant provisions of the Basin Plan to be amended and the three reviews to be completed by 2020.

 

 

Part 2—Other amendments

 

Outline

 

Part 2 removes requirements contained in several Acts for the Minister to table certain documents in Parliament. As all of the industry bodies currently publish their annual reports online much of the information required to be tabled under these Acts is already publicly available.

 

Notes on Clauses

 

Australian Meat and Live-stock Industry Act 1997

 

Item 58: Division 4 of Part 3

 

Item 58 will repeal Division 4 of Part 3 of the Act to remove requirements for the Minister to table in Parliament certain documents of the live-stock export body (currently the Australian Livestock Export Corporation Limited). The documents that will no longer need to be tabled are the funding agreement between the Commonwealth and the live-stock export body, and variations to the funding agreement; the report on compliance with the funding agreement; and the annual report. The live-stock export body will still be required to produce these documents and make them publicly available and available to members. The information required in the compliance report is available in other reports prepared by the live-stock export body, such as the annual report which is published online.

 

Dairy Produce Act 1986

 

Item 59: Subsections 5(6) and (7)

 

Item 59 will repeal subsections 5(6) and 5(7) of the Act to remove the requirement for the Minister to table in Parliament the funding contract between the Commonwealth and the industry services body (currently Dairy Australia Limited), and variations to the funding contract. Dairy Australia Limited publishes their annual report on their website.

 



 

Item 60: Section 13 (heading)

 

Item 60 repeals the heading and substitutes a new one to reflect the amendment made in item 61.

 

Item 61: Subsection 13(2)

 

Item 61 will repeal subsection 13(2) of the Act to remove the requirement for the Minister to table in Parliament the annual report (referred to as a financial report in the Act) of the industry services body. The industry services body will still be required to provide the annual report to the Minister.

 

Item 62: Section 14

 

Item 62 will repeal section 14 of the Act to remove the requirement for the Minister to table in Parliament a report, following the annual general meeting of the industry services body, in relation to the year before the meeting. The information required to be in this report is available in other reports produced by the industry services body, such as the annual report.

 

Item 63: Subclause 79C(1) of Schedule 2

 

Item 63 will re-number subclause 79C of Schedule 2.

 

Item 64: Subclause 79C(2) of Schedule 2

 

Item 64 will repeal subclause 79C(2) to remove the requirement for the Minister to table in Parliament the report on the administration of the Dairy Structural Adjustment Fund ( DSAF ).  This report is no longer produced as the DSAF wound up in July 2009. Department of Agriculture and Water Resources now handles any administrative matters that arise in relation to DSAF.

 

Forestry Marketing and Research and Development Services Act 2007

 

Item 65: Subsections 8(6) and (7)

 

Item 65 will repeal subsections 8(6) and 8(7) of the Act to remove the requirement for the Minister to table in Parliament the funding contract between the Commonwealth and the industry services body (currently Forest and Wood Products Australia Limited), and variations to the funding contract. Forest and Wood Products Australia Limited publishes their annual report on their website.

 

Sugar Research and Development Services Act 2013

 

Item 66: Subsections 6(6) and (7)

 

Item 66 will repeal subsections 6(6) and 6(7) of the Act to remove the requirement for the Minister to table in Parliament the funding contract between the Commonwealth and the industry services body (currently Sugar Research Australia Limited), and variations to the funding contract. The industry services body will still be required to make the funding contract publicly available. Sugar Research Australia Limited publishes their annual report on their website.

 

Schedule 2—Repeals

 

Part 1—Repeals

 

Outline

 

Schedule 2 will repeal 12 whole Acts administered by the Department of Agriculture and Water Resources portfolio.

 

Notes on Clauses

 

Part 1—Repeals

 

Agricultural and Veterinary Chemicals Legislation Amendment (Removing Re-approval and Re-registration) Act 2014

 

Item 1: The whole of the Act

 

Item 1 will repeal the Agricultural and Veterinary Chemicals Legislation Amendment (Removing Re-approval and Re-registration) Act 2014 .

 

The Act amends laws relating to agricultural and veterinary chemicals to remove the requirement for agricultural chemicals and veterinary medicines re-registration, and removes redundant provisions that allow applications to re-approve and re-register active constituents and chemical products.

 

This is solely an amending Act. All amendments have now been made and transitional provisions are no longer required. The Act is redundant and can be repealed.

 

Australian Meat and Live-Stock Corporation Amendment Act 1990

 

Item 2: The whole of the Act

 

Item 2 will repeal the Australian Meat and Live-Stock Corporation Amendment Act 1990 as the Act which it amended has already been repealed and this Act is spent and redundant.

 



 

Export Inspection Charges Collection Act 1985

 

Item 3: The whole of the Act

 

Export Inspection (Establishment Registration Charges) Act 1985

 

Item 4: The whole of the Act

 

Export Inspection (Quantity Charge) Act 1985

 

Item 5: The whole of the Act

 

Export Inspection (Service Charge) Act 1985

 

Item 6: The whole of the Act

 

Items 3 to 6 will repeal the Export Inspection Charges Collection Act 1985 , Export Inspection (Establishment Registration Charges) Act 1985 , Export Inspection (Quantity Charge) Act 1985 and Export Inspection (Service Charge) Act 1985 .

 

The Export Inspection Charges Collection Act 1985 provides for the collection of the charges imposed by the Export Inspection (Establishment Registration Charges) Act 1985 , Export Inspection (Quantity Charge) Act 1985, Export Inspection (Service Charge) Act 1985 and the Domestic Meat Premises Charge Act 1993 (repealed).

 

The Export Inspection (Establishment Registration Charges) Act 1985 imposes charges in relation to the registration of export establishments.

 

The Export Inspection (Quantity Charge) Act 1985 imposes a charge on the inspection of certain goods intended for export.

 

The Export Inspection (Service Charge) Act 1985 imposes a charge on the provision of certain export inspection services.

 

From 1 December 2015 charges for export related activities were imposed under a new legislative framework comprising the Export Charges (Collection) Act 2015 , Export Charges (Imposition—General) Act 2015 , Export Charges (Imposition—Customs) Act 2015 , Export Charges (Imposition—Excise) Act 2015 and related subordinate legislation.

 

The Export Inspection and Meat Charges Collection Regulations 1985, Export Inspection (Establishment Registration Charges) Regulations 1985, Export Inspection (Quantity Charge) Regulations 1985, and Export Inspection (Service Charge) Regulations 1985 were repealed on 1 December 2015. The Domestic Meat Premises Charge Act 1993 was repealed on 5 May 2016.

 

The Export Inspection and Meat Charges Collection Act 1985, Export Inspection (Establishment Registration Charges) Act 1985, Export Inspection (Quantity Charge) Act 1985 , and Export Inspection (Service Charge) Act 1985 are now redundant and can be repealed.

 

The four 1985 Acts are no longer in use. All of the current functions of these four Acts are now enabled by the 2015 legislation and the related 1985 regulations have been repealed. The Domestic Meat Premises Charge Act 1993 was repealed on 5 May 2016.

 

National Residue Survey (Consequential Provisions) Act 1992

 

Item 7: The whole of the Act

 

Item 7 will repeal the National Residue Survey (Consequential Provisions) Act 1992 .

 

The Act amended the Cattle Transaction Levy Act 1990 and the Primary Industries Levies and Charges Collection Act 1991 and provided for the transfer of certain funds due to the enactment of the National Residue Survey Administration Act 1992 .

 

As the various provisions have already had their intended effect and/or relate to legislation no longer in use, the Act is redundant and can be repealed.

 

National Residue Survey Levies Regulations (Validation and Commencement of Amendments) Act 1999

 

Item 8: The whole of the Act

 

Item 8 will repeal the National Residue Survey Levies Regulations (Validation and Commencement of Amendments) Act 1999. The Act is redundant and can be repealed.

 

The Act had the effect of validating the Primary Industries Levies and Charges (National Residue Survey Levies) Regulations 1998 (Amendment) ( amendment regulations ) and commencing the amendment regulations retrospectively on and from 1 August 1998. The amendment regulations were repealed by the Agriculture, Fisheries and Forestry (Spent and Redundant Instruments) Repeal Regulation 2013, which expressly provided in subsection 5(2) that the repeal of an instrument by section 5 did not affect any amendment made by that instrument. That is, the amendments to the regulation on 1 August 1998 have been preserved by subsection 5(2) of the 2013 repeal regulation. Repealing the Act will not have any impact on the validity of the amendment regulations.

 

Quarantine (Validation of Fees) Act 1985

 

Item 9: The whole of the Act

 

Item 9 will repeal the Quarantine (Validation of Fees) Act 1985.

 

As the various provisions have already had their intended effect and/or relate to legislation no longer in use, the Act is redundant and can be repealed. The Act validated various fees that were charged during a specified period of time in 1984 and 1985. No other fees are charged under the Act and no fees from the period are outstanding.

 



 

Rural Adjustment Act 1992

 

Item 10: The whole of the Act

 

Item 10 will repeal the Rural Adjustment Act 1992 ( RA Act ). The objectives of the RA Act were to foster the development of a more profitable farm sector that is able to operate competitively in a deregulated financial and market environment, and to improve the competitiveness of the farm sector in a sustainable manner. Provisions within the RA Act have been superseded and the advisory functions established under the RA Act are now carried out through other bodies.

 

The RA Act contains obsolete provisions relating to the Rural Adjustment Scheme and the Farm Business Improvement Program. The Rural Adjustment Scheme ceased in 1997 and all financial commitments were acquitted by 30 June 2000. Funding for the Farm Business Improvement Program ceased on 29 February 2008. The programs were superseded by new reforms for drought support as part of the Intergovernmental Agreement on National Drought Program Reform (agreed on 3 May 2013).

 

The RA Act also established the National Rural Advisory Council ( NRAC ). NRAC was established as a statutory body in December 1999 as a skills-based independent advisory council. As part of the Smaller Government, Towards A Sustainable Future , December 2014, the positions of NRAC members were allowed to lapse or were revoked on 30 June 2015. Information, advice, and recommendations on issues affecting Australia’s agricultural, fishing, forestry, and water sectors are now be fulfilled by the Agricultural Industry Advisory Council ( AIAC ).

 

The purpose of the AIAC is to provide the Minister for Agriculture and Water Resources with information, advice, and recommendations from a cross-section of industries and stakeholders on contemporary issues affecting Australia’s agricultural, fishing, and forestry sectors.

 

Wool International Act 1993

 

Item 11: The whole of the Act

 

Item 11 will repeal the Wool International Act 1993 , which is redundant. The Act provided equity to wool growers in respect of contributions made to WoolStock Australia Limited through payment of a wool tax and gave registered equity holders a right to a share in the surplus money of WoolStock Australia Limited. WoolStock Australia Limited was the private sector owner and manager of the wool stockpile. The Act is now redundant because WoolStock Australia Limited was wound up and delisted from the Australian Stock Exchange in 2001 following a major reduction in the wool stockpile.

 

Wool International Privatisation Act 1999

 

Item 12: The whole of the Act

 

Item 12 will repeal the Wool International Privatisation Act 1999 , which is redundant. The Act provided for the privatisation of the statutory authority Wool International and the creation of WoolStock Australia Limited. The privatisation process is now complete and the privatised company, WoolStock Australia Limited, ceased to exist in 2001.

 

 

Part 2—Consequential amendments

 

Outline

 

Items 13 to 17 will make consequential amendments to sections 18, 19, 20, and 49 of the Natural Heritage Trust of Australia Act 1997 to remove references to the RA Act and make appropriate updates to punctuation and headings arising from the removal of these references.

 

Notes on Clauses

 

Natural Heritage Trust of Australia Act 1997

 

Item 13: Paragraph 18(b)

 

Item 13 will update punctuation in paragraph 18(b).

 

Item 14: Paragraph 18(d)

 

Item 14 will repeal paragraph 18(d).

 

Item 15: Subsections 19(7) and 20(4)

 

Item 15 will repeal subsections 19(7) and 20(4), excluding the notes.

 

Item 16: Section 49 (heading)

 

Item 16 will update the heading of section 49.

 

Item 17: Subsections 49(4) and (5)

 

Item 17 will repeal subsections 49(4) and (5).

 

Part 3—Saving and transitional provisions

 

Item 18: Saving provisions—export charges

 

Item 18 provides that despite the repeals by Part 1 of the Export Inspection Charges Collection Act 1985 , the Export Inspection (Establishment Registration Charges) Act 1985 , the Export Inspection (Quantity Charge) Act 1985 , and the Export Inspection (Service Charge) Act 1985 , each Act will continue to apply in relation to a charge imposed before the commencement of this item. This ensures that any charges made by the Department under these Acts can be recovered.

 



 

Item 19: Transitional provision—transfer of records and documents of National Rural Advisory Council to the Department

 

Item 19 is a transitional provision that provides for any records or documents that are held by NRAC immediately before the commencement of this item are to be transferred to the Department of Agriculture and Water Resources.



 

STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

AGRICULTURE AND WATER RESOURCES LEGISLATION AMENDMENT BILL 2016

This Bill is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Bill

The Agriculture and Water Resources Amendment Bill 2016 ( Bill ) will make amendments to a range of portfolio legislation and repeal redundant legislation.

 

A companion bill called the Excise Levies Legislation Amendment (Honey) Bill 2016 will make minor amendments to the Primary Industries (Excise) Levy Act 1999 and to the National Residue Survey (Excise) Levy Act 1998 to remove unnecessary regulation relating to the issue of certificates that are no longer used by the honey industry.

 

The Bill will amend 13 portfolio Acts to cease four redundant statutory bodies, remove unnecessary regulation, improve the operation of existing legislation and make minor technical amendments. A number of the proposed amendments include minor changes to policy.

 

The Bill will also repeal 12 Acts that are redundant or no longer required relating to legislation covering agricultural and veterinary chemicals, the national residue survey, export charges and quarantine fees, rural adjustment and the meat and live-stock and wool industries.

 

A summary of the Acts included in the Bill for amendment or repeal is below.

 

Schedule 1 - amendments

·          Agricultural and Veterinary Chemicals (Administration) Act 1992 to cease the Australian Pesticides and Veterinary Medicines Authority ( APVMA ) Advisory Board.

·          Agricultural and Veterinary Chemicals Code Act 1994 to amend the information that must be provided by the APVMA to Food Standards Australia New Zealand and to make a minor technical amendment.

·          Australian Meat and Live-stock Industry Act 1997 to remove the requirement for an export licence to export meat by-products; to repeal obsolete provisions that provide for payments to industry marketing and research bodies ; and to remove the requirement for certain documents relating to the Australian Livestock Export Corporation Limited to be tabled in parliament.

·          Biosecurity Act 2015 to make minor technical amendments.

·          Dairy Produce Act 1986 to remove the requirement for certain documents relating to Dairy Australia Limited and the Dairy Structural Adjustment Fund to be tabled in parliament.

·          Farm Household Support Act 2014 to remove the ability of the Secretary to delegate their general rule-making power. This amendment responds to concerns raised by the Senate Standing Committee on Regulations and Ordinances in its Delegated legislation monitor No. 12 of 2014 .

·          Fisheries Administration Act 1991 to cease the Fishing Industry Policy Council.

·          Fisheries Management Act 1991 to allow the Australian Fisheries Management Authority ( AFMA ), on its own initiative, to renew an existing permit without existing permit holders needing to re-apply; transfer the functions of the Statutory Fishing Rights Allocation Review Panel ( Panel ) to the Administrative Appeals Tribunal ( AAT ) and cease the panel; and to remove the text of the Treaty on Fisheries between the Governments of Certain Pacific Island States and the United States of America .

·          Forestry Marketing and Research and Development Services Act 2007 to remove the requirement for certain documents relating to Forest and Wood Products Australia Limited to be tabled in parliament.

·          Illegal Logging Prohibition Act 2012 to allow the Secretary to delegate powers relating to the retention of seized things to inspectors appointed under the Act.

·          Primary Industries Research and Development Act 1989 to remove the requirement for the Minister to organise an annual co-ordination meeting for the chairs of the statutory research and development corporations.

·          Sugar Research and Development Services Act 2013 to remove the requirement for certain documents relating to Sugar Research Australia to be tabled in parliament.

·          Water Amendment (Review Implementation and Other Measures) Act 2016 to clarify the commencement of amendments dealing with 5 year reviews for the monitoring and evaluating effectiveness of the Basin Plan.

Schedule 2 - repeals

Schedule 2 of the Bill will repeal the following 12 Acts that are redundant or no longer required:

 

·          Agricultural and Veterinary Chemicals Legislation Amendment (Removing Re-approval and Re-registration) Act 2014

·          Australian Meat and Live-stock Corporation Amendment Act 1990

·          Export Inspection Charges Collection Act 1985

·          Export Inspection (Establishment Registration Charges) Act 1985

·          Export Inspection (Quantity Charge) Act 1985

·          Export Inspection (Service Charge) Act 1985

·          National Residue Survey (Consequential Provisions) Act 1992

·          National Residue Survey Levies Regulations (Validation and Commencement of Amendments) Act 1999

·          Quarantine (Validation of Fees) Act 1985

·          Rural Adjustment Act 1992

·          Wool International Act 1993

·          Wool International Privatisation Act 1999.

The repeal of the Rural Adjustment Act 1992 will have the effect of ceasing the National Rural Advisory Council.

 

Schedule 2 will also make consequential amendments to the Natural Heritage Trust of Australia Act 1997 arising from the repeal of the Rural Adjustment Act 1992 , as well as other saving and transitional provisions required as a result of the repeals.

 

Human rights implications

Schedule 1, Part 1 - Main amendments

Agricultural and Veterinary Chemicals (Administration) Act 1992

Ceasing the APVMA Advisory Board does not engage any of the applicable rights or freedoms. The Agricultural and Veterinary Chemicals (Administration) Act 1992 contains a range of mechanisms for consultation with stakeholders that will not be affected by ceasing the APVMA Advisory Board.

This measure was considered by the Joint Committee on Human Rights in its report 18/44. The committee’s decision was deferred.

Agricultural and Veterinary Chemicals Code Act 1994

The amendments to the Agricultural and Veterinary Chemicals Code Act 1994 relating to the information that the APVMA must provide to Food Standards Australia New Zealand do not engage any of the applicable rights or freedoms because the APVMA will still be required to provide all relevant information in relation to a proposal to vary the Maximum Residue Limits Standard.

This measure was considered by the Joint Committee on Human Rights in its report 18/44. The committee’s decision was deferred.

The Bill will also make a technical amendment to paragraph 117A(1)(a) of the Agricultural and Veterinary Chemicals Code Act 1994 to correct a drafting error. It will not change laws relating to agricultural and veterinary chemicals. Therefore the correction does not engage any of the applicable rights or freedoms.

Australian Meat and Live-stock Industry Act 1997

The amendment to section 3 of the Australian Meat and Live-stock Industry Act 1997 will remove the requirement for an export licence to export meat by-products. The Australian Meat and Live-stock Industry Act 1997 is designed to ensure that only compliant products are exported in order to protect human health and protect Australia’s good reputation as an exporter of safe and quality products. Meat by-products include skin, hide, tallow, meat meal and inedible offal. As these products are not for human consumption and are exported for use in industrial purposes a licence should not be necessary to export these kinds of products.

The repeal of subsections 63(1) and 64(1) of the Australian Meat and Live-stock Industry Act 1997 relating to the provision of payments to industry marketing and research bodies, does not engage any of the applicable rights or freedoms because the Acts on which these provisions are based have been inoperative since 1 July 1999 and payments of the amounts specified in the repealed Acts listed above were finalised in 2008.

The repeals were considered by the Joint Committee on Human Rights in its report 18/44. The committee’s decision was deferred.



 

Biosecurity Act 2015

The amendments to the Biosecurity Act 2015 are minor amendments of a technical nature. They do not change laws relating to biosecurity. Therefore they do not engage any of the applicable rights or freedoms.

Farm Household Support Act 2014

The amendment to the Farm Household Support Act 2014 will have no impact on any of the applicable rights or freedoms rights because it does not change the Secretary’s power under the Act; it only removes the ability of the Secretary to delegate to an officer of the Department all or any of his or her powers or functions under the Act.

Fisheries Administration Act 1991

The repeal of Part 3 of the Fisheries Administration Act 1991 relating to the establishment of the Fishing Industry Policy Council does not engage any of the applicable rights or freedoms. A Fishing Industry Policy Council has never been convened since the Act commenced in 1991.

This measure was considered by the Joint Committee on Human Rights in its report 18/44. The committee’s decision was deferred.

Fisheries Management Act 1991

The amendments to the Fisheries Management Act 1991 do not raise any human rights issues on the following bases.

The amendments to the issuing of permits are administrative in nature and do not engage any of the applicable rights or freedoms.

The amendments to cease the Statutory Fishing Rights Allocation Review Panel ( Panel ) and transfer its review functions to the AAT engage the right to a fair hearing in Article 14 of the International Covenant on Civil and Political Rights . The Panel was established as an independent panel to review the merits of administrative decisions made under the Act regarding the allocation of statutory fishing rights by AFMA. The amendments will include the allocation of statutory fishing rights as a relevant decision under section 165 of the Act, allowing fishers to request AFMA to reconsider the allocation of any statutory fishing rights in the first instance. As a further recourse fishers will be able to make an application to the AAT for review. The amendments will not limit a fisher’s right of review nor right to a fair hearing.

The amendments to remove the text of the Treaty on Fisheries between the Governments of ertain Pacific Island States and the United States of America do not affect the efficacy of the treaty and do not engage any of the applicable rights or freedoms.

Illegal Logging Prohibition Act 2012

The amendments to the Illegal Logging Prohibition Act 2012 will have no impact on any of the applicable rights or freedoms because they do not change the powers under the Act. The amendments will allow the Secretary to delegate powers relating to returning, retaining or disposing of a seized thing to inspectors appointed under the Act.



 

Primary Industries Research and Development Act 1989

The Primary Industries Research and Development Act 1989 does not engage any of the applicable rights or freedoms. It affects only the relevant corporations, not individuals.

These amendments have already been considered by the Joint Committee on Human Rights in report 13/44. The committee made no comments.

Water Legislation Amendment (Review Implementation and Other Measures) Act 2016

The amendments to the Water Amendment (Review Implementation and Other Measures) Act 2016 do not engage any of the applicable rights or freedoms. The amendments will clarify dates for water-related reviews and change a commencement date.

 

Schedule 1, Part 2 - Other amendments

The amendments in Part 2 of Schedule 1 of the Bill to the Australian Meat and Live-stock Industry Act 1997 , Dairy Produce Act 1986, Forestry Marketing and Research Development Services Act 2007 and Sugar Research and Development Services Act 2013 do not engage any of the applicable rights or freedoms. The amendments affect only the relevant corporations and not individuals.

These amendments have already been considered by the Joint Committee on Human Rights in report 13/44. The committee made no comments.

 

Schedule 2, Part 1 - Repeals

Part 1 of Schedule 2 of the Bill will repeal 12 whole Acts.

The repeal of the Agricultural and Veterinary Chemicals Legislation Amendment (Removing Re-approval and Re-registration) Act 2014 has no practical effect and does not engage any of the applicable rights or freedoms.

The repeal of the Australian Meat and Live-stock Corporation Amendment Act 1990 does not engage any of the applicable rights or freedoms. The Act is no longer in use and is redundant.

The repeal of the Export Inspection and Meat Charges Collection Act 1985, Export Inspection (Establishment Registration Charges) Act 1985, Export Inspection (Quantity Charge) Act 1985 and Export Inspection (Service Change) Act 1985 does not engage any of the applicable rights or freedoms. The Acts impose and collect charges for regulatory export inspection functions undertaken by the Department, and all four Acts are now redundant.

The repeal of the National Residue Survey (Consequential Provisions) Act 1992 does not engage any of the applicable rights or freedoms. The Act provides for amendments to be made to the Primary Industries Levies and Charges Collection Act 1991 and the Cattle Transaction Levy Act 1990 . The amendments to the Primary Industries Levies and Charges Collection Act 1991 have been made. The Cattle Transaction Levy Act 1990 was repealed by the Meat and Live-stock Industry Legislation Repeal Act 1995 on 1 July 1995.

The repeal of the National Residue Survey Levies Regulations (Validation and Commencement of Amendments) Act 1999 does not engage any of the applicable rights or freedoms. The Act is machinery in nature and is redundant.

The repeal of the Quarantine (Validation of Fees) Act 1985 does not engage any of the applicable rights or freedoms. The Act is no longer in use and is redundant.

The repeal of the Rural Adjustment Act 1992 does not engage any of the applicable human rights or freedoms because the Rural Adjustment Scheme and the Farm Business Improvement Program provided for under the Act have been superseded and the advisory functions of National Rural Advisory Council can be carried out by the Agricultural Industry Advisory Council.

Part 2 of Schedule 2 of the Bill will make minor consequential amendments to the Natural Heritage Trust of Australia Act 1997. These amendments are minor and technical in nature and do not engage any of the applicable rights or freedoms.

The repeal of the Rural Adjustment Act 1992 was considered by the Joint Committee on Human Rights in its report 18/44. The committee’s decision was deferred.

The repeal of the Wool International Act 1993 and the Wool International Privatisation Act 1999 does not engage any applicable human rights because the Acts are inoperative following the winding up of WoolStock Australia Limited.

The repeal of the two wool Acts was considered by the Joint Committee on Human Rights in report 18/44. The committee’s decision was deferred.

Conclusion

 

This Bill is compatible with human rights as it does not raise any human rights issues.

 

 

 

 

The Hon. Barnaby Joyce MP, Deputy Prime Minister and

Minister for Agriculture and Water Resources