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This is a Bill, not an Act. For current law, see the Acts databases.
1996-97
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Primary
Industries and Energy Legislation Amendment Bill (No. 2)
1997
No. ,
1997
(Primary Industries and
Energy)
A Bill for an Act to amend the law
relating to primary industries and energy, and for related
purposes
9704920--975/21.3.1997--(49/97) Cat. No. 96 7466 4 ISBN 0644
500530
Contents
A Bill for an Act to amend the law relating to primary
industries and energy, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Primary Industries and Energy Legislation
Amendment Act (No. 2) 1997.
(1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
(2) Schedule 1 commences on 1 August 1997.
(3) Schedules 3 and 9 commence, or are taken to have commenced, on
1 October 1997, immediately after the commencement of Schedule 18 to
the Social Security Legislation Amendment (Budget and other Measures) Act
1996.
(4) The items of Schedules 4, 6, 7 and 8 commence on a day or days to be
fixed by Proclamation.
(5) If an item of Schedule 4, 6, 7 or 8 does not commence within the
period of 6 months beginning on the day on which this Act receives the Royal
Assent, it commences on the first day after the end of that period.
Subject to section 2, each Act that is specified in a Schedule to this
Act is amended or repealed as set out in the applicable items in the Schedule
concerned, and any other item in a Schedule to this Act has effect according to
its terms.
1 Paragraph 13(1)(d)
Omit “6”, substitute “4”.
2 Paragraph 26(5)(a)
Omit “5”, substitute “4”.
1 Subsection 23(1)
After “the Secretary”, insert “, an authorised officer or
a person who is approved in writing by the Secretary for the purposes of the
regulations”.
2 Paragraph 23(2)(b)
Omit “the Secretary”, substitute “a person empowered by
the regulations to issue a certificate”.
3 Validation of orders and
certificates
In spite of anything in section 23 of the Export Control Act 1982 as
in force immediately before the commencement of this item:
(a) any order purportedly made under section 25 of that Act in respect of
a matter for which regulations may be made under section 23 of that Act as so in
force is taken to have been validly made; and
(b) any certificate purportedly issued under such an order is taken to
have been validly issued.
4 Subsection 24A(1)
Repeal the subsection, substitute:
(1) The regulations may prescribe specifications (the
specifications) for the transmission of information and documents
from a person to another person for the purposes of any provision of this Act or
the regulations that requires the information or documents to be given to that
other person.
(1A) Without limiting subsection (1), the specifications may
require:
(a) information and documents to be transmitted on specified data
processing devices; or
(b) a person transmitting the information or documents to authenticate the
transmission in a particular manner.
5 Subsections 24A(3) and
(4)
Repeal the subsections, substitute:
(3) A person (including the Secretary) may transmit information or a
document to another person in accordance with the specifications for the
purposes of any provision of this Act or the regulations that requires the
information or document to be given to that other person.
6 Paragraph 24B(2)(a)
Omit “to the Secretary”.
7 At the end of subsection
24B(2)
Add:
; and (c) that the information or document was transmitted to the person
specified in the print-out as the person to whom the information or document was
transmitted.
8 Subsection 24B(3)
Omit “office of the Secretary”, substitute “office of the
Department”.
1 At the end of section 29A
Add:
Note 2: An instalment of drought relief payment may be
reduced for the purpose of the recovery of a debt under section 56 of this Act
(see section 1231A of the Social Security Act 1991).
2 At the end of section 56
Add:
Note: A debt due to the Commonwealth under this section in
respect of an amount of drought relief payment may be recovered in accordance
with provisions of the Social Security Act 1991 (see sections 1227A and
1231A of that Act).
1 Before paragraph 7(1)(a)
Insert:
(aa) food that is imported from New Zealand and is of a kind that is
specified by the regulations to be food to which this Act does not apply;
or
1 After Part 8
Insert:
In this Part, unless the contrary intention appears:
easement includes an interest in an easement, and any other
right in relation to land.
Moomba pipeline has the same meaning as in Part 6.
MSP easement means an easement that is owned by the
Commonwealth and that:
(a) was owned by the Authority, or by Pacenco, immediately before the sale
day; or
(b) was acquired by the Commonwealth on or after the sale day under the
Lands Acquisition Act 1989, for purposes in connection with a Moomba
pipeline.
Gazette notice by authorised person
(1) An authorised person may, by notice in the Gazette,
specify:
(a) an MSP easement; and
(b) a transfer type for the easement, being either a full transfer or half
transfer; and
(c) one or 2 transferees in the case of a full transfer, or one transferee
in the case of a half transfer; and
(d) the transfer day for the easement.
Full transfer
(2) If the notice specifies a full transfer, then the MSP easement
specified in the notice:
(a) ceases to be an asset of the Commonwealth; and
(b) becomes an asset of the transferee or, in the case of 2 transferees,
becomes an asset of the transferees as tenants in common in equal
shares.
Half transfer
(3) If the notice specifies a half transfer, then the MSP easement
specified in the notice:
(a) ceases to be an asset of the Commonwealth; and
(b) becomes an asset of the transferee and the Commonwealth as tenants in
common in equal shares.
When transfer happens etc.
(4) A change in the ownership of an MSP easement under this section
happens:
(a) at the beginning of the transfer day; and
(b) by force of this section.
Commonwealth may receive payment for transfer
(5) The Commonwealth may receive a payment for a change of ownership under
this section.
Multiple easements in same Gazette notice
(6) A single notice under subsection (1) may cover more than one MSP
easement, in which case this section applies separately to each of the easements
covered by the notice.
(1) An authorised person may, by notice in the Gazette, on or
before the transfer day for a particular MSP easement, specify an instrument
that relates to the easement for the purposes of this section.
(2) An instrument specified in a notice under subsection (1) continues to
have effect, on and after the transfer day, for the MSP easement concerned, as
if a reference in the instrument to the Commonwealth were a reference to the
person or persons who became the owners of the easement under section
173B.
(3) In this section:
instrument includes a document.
(1) This section applies if:
(a) an interest in land becomes an interest in land of a person or persons
under this Part; and
(b) there is lodged with a land registration official a certificate
that:
(i) is signed by an authorised person; and
(ii) identifies the interest, whether by reference to a map or otherwise;
and
(iii) states that the interest has become an interest in land of that
person or those persons under this Part.
(2) The land registration official may:
(a) register the matter in the same way in which dealings in interests in
land of that kind are registered; and
(b) deal with, and give effect to, the certificate.
(3) A document that appears to be a certificate under subsection (1) is
taken to be such a certificate and to have been properly given unless the
contrary is established.
(4) In this section:
land registration official means the Registrar of Titles or
other proper officer of the State or Territory in which the land concerned is
situated.
(1) This Part has effect, and must be given effect to, in spite of
anything in:
(a) any law of the Commonwealth or any law of a State or Territory;
or
(b) any instrument.
(2) Without limiting subsection (1), if the consent of a person is
necessary in order to give effect to this Part in a particular respect, the
consent is taken to have been given.
(1) No stamp duty is payable under a law of a State or Territory in
respect of an exempt matter or anything connected with an exempt
matter.
(2) An authorised person may, by signed writing, certify that:
(a) a specified matter or thing is an exempt matter; or
(b) a specified thing was done in connection with a specified exempt
matter.
(3) In all courts and for all purposes, a certificate under subsection (2)
is evidence of the matter stated in the certificate.
(4) A document that appears to be a certificate under subsection (2) is
taken to be such a certificate and to have been properly given unless the
contrary is established.
(5) In this section:
exempt matter means:
(a) an MSP easement ceasing to be an asset of the Commonwealth and
becoming an asset of another person or persons, or of the Commonwealth and
another person, under this Part; or
(b) the operation of this Part in any other respect.
1 Title
Omit “the Continental Shelf of Australia and of certain
Territories of the Commonwealth and of certain other Submerged Land”,
substitute “, and to the transfer of Petroleum Resources (wherever
recovered) across, the Continental Shelf of Australia and of certain Territories
of the Commonwealth and certain other Submerged Land”.
2 Subsection 5(1) (definition of
petroleum)
Omit “in an adjacent area”.
3 Subsection 5(1) (definition of
pipeline)
After “adjacent area for conveying petroleum”, insert “,
whether the petroleum is petroleum recovered from an adjacent area or
not,”.
4 Subsection 5(1) (paragraph (d) of the
definition of pipeline)
Repeal the paragraph, substitute:
(d) for conveying petroleum from a well, wherever located, to a terminal
station in an adjacent area without passing through another terminal
station;
5 After section 5A
Insert:
(1) If:
(a) a pipeline licence has been granted under this Act on the basis that
an area is within the adjacent area in respect of a State or the Northern
Territory; and
(b) there is a change to the baseline of Australia’s territorial sea
or, because new data is obtained or existing data is reconsidered, the location
of the baseline is reassessed; and
(c) as a result of the change to, or reassessment of the location of, the
baseline, the area:
(i) ceases to be within the adjacent area in respect of the State or
Territory; and
(ii) falls within the coastal waters of the State or Territory;
this Act applies in relation to the pipeline licence as if the
first-mentioned area were still within the adjacent area in respect of that
State or Territory.
(2) Subsection (1) continues to apply to the area only while the pipeline
licence remains in force.
(3) If:
(a) a pipeline licence has been granted by a State or the Northern
Territory on the basis that an area is within the coastal waters of that State
or Territory; and
(b) there is a change to the baseline of Australia’s territorial sea
or, because new data is obtained or existing data is reconsidered, the location
of the baseline is reassessed; and
(c) as a result of the change to, or reassessment of the location of, the
baseline, the area:
(i) ceases to be within the coastal waters of the State or Territory;
and
(ii) falls within the adjacent area in respect of the State or
Territory;
then, so far as the pipeline licence is concerned, this Act does not apply
to the first-mentioned area.
(4) Subsection (3) continues to apply to the area only while the pipeline
licence granted by the State or the Northern Territory remains in
force.
(5) In this section:
coastal waters, in relation to a State or the Northern
Territory, means so much of the area off the coast of the State or Territory
that is described in Schedule 2 as is constituted by:
(a) the first 3 nautical miles of the territorial sea from the baseline;
and
(b) any waters that are within the baseline and not within the limit of
the State or Territory.
6 At the end of Part 1
Add:
The provisions of this Act relating to pipelines referred to in
subsection 65(2A) have effect subject to the obligations of Australia under
international law, including obligations under any agreement between Australia
and any other country or countries.
7 Subsection 9(4)
Repeal the subsection, substitute:
(4) The provisions referred to in subsection (1) apply in relation to all
acts, omissions, matters, circumstances and things touching, concerning, arising
out of or connected with:
(a) the exploration of the sea-bed or subsoil of the adjacent area for
petroleum, and the exploitation of the natural resources (consisting of
petroleum) of that sea-bed or subsoil; or
(b) the conveyance of petroleum (wherever recovered) across the adjacent
area.
8 Paragraph 9(5)(a)
Omit all words after “touching,”, substitute:
concerning, arising out of or connected with:
(iii) the exploration of the sea-bed or subsoil of the adjacent area for
petroleum, or the exploitation of the natural resources (consisting of
petroleum) of that sea-bed or subsoil; or
(iv) the conveyance of petroleum (wherever recovered) across the adjacent
area;
9 Subsection 11(4)
Repeal the subsection, substitute:
(4) The provisions referred to in subsection (1) apply in relation to all
acts, omissions, matters, circumstances and things touching, concerning, arising
out of or connected with:
(a) the exploration of the sea-bed or subsoil of the adjacent area for
petroleum, or the exploitation of the natural resources (consisting of
petroleum) of that sea-bed or subsoil; or
(b) the conveyance of petroleum (wherever recovered) across the adjacent
area.
10 Paragraph 11(5)(a)
Omit all words after “touching,”, substitute:
concerning, arising out of or connected with:
(iii) the exploration of the sea-bed or subsoil of the adjacent area for
petroleum, or the exploitation of the natural resources (consisting of
petroleum) of that sea-bed or subsoil; or
(iv) the conveyance of petroleum (wherever recovered) across the adjacent
area;
11 Subsection 64(1)
After “pipeline licence”, insert “, whether or not that
licence is for the conveyance of petroleum recovered from an area within an
adjacent area”.
12 Subsection 64(2)
Omit “the licensee”, substitute “the registered holder of
the production licence for that area (the
licensee)”.
13 Paragraph 64(3)(a)
Repeal the paragraph, substitute:
(a) a notice is published in the Gazette of an application by a
person other than the registered holder of the production licence for a licence
area for a pipeline licence in respect of the construction of the pipeline for
the conveyance of petroleum recovered in that area; and
14 Subsection 64(4)
Omit “under this section”, substitute “under subsection
(1)”.
Note 1: The following heading to subsection 64(1) is
inserted “General requirements for all applications for pipeline
licences”.
Note 2: The following heading to subsection 64(2) is
inserted “Rights of production licensees following application for
certain pipeline licences by other persons”.
Note 3: The following heading to subsection 64(3) is
inserted “Joint Authority must refuse application under subsection (2)
if a successful application is made by production
licensee”.
Note 4: The following heading to subsection 64(4) is
inserted “Designated Authority may seek further information in relation
to any pipeline licence application”.
15 Subsection 65(1)
Omit all words after “within or outside”, substitute:
that, or another, adjacent area, the Joint Authority may, if:
(a) that person is not the registered holder of the production licence for
that licence area; and
(b) the application has not been rejected under subsection
64(3);
inform that person, by instrument in writing served on the person, that it
is prepared to grant the person a pipeline licence.
16 Subsection 65(2)
Omit “the licensee”, substitute “the registered holder of
the production licence for that licence area (the
licensee)”.
17 Subsection 65(2)
Omit “the licence is” (wherever occurring), substitute
“the production licence for that licence area is”.
18 After subsection 65(2)
Insert:
(2A) If a person makes an application in accordance with section 64 for a
pipeline licence in respect of the construction in an adjacent area of a
pipeline for the conveyance of petroleum recovered from a place beyond the outer
limits of any adjacent area, the Joint Authority may inform the person, by
instrument in writing served on the person, that it is prepared to grant the
person a pipeline licence.
19 Subsection 65(3)
Omit “the licensee”, substitute “the registered holder of
the production licence for that licence area (the
licensee)”.
20 Paragraph 65(3)(a)
Omit “the licence”, substitute “the production
licence”.
21 Subsection 65(4)
Omit “to a licensee”, substitute “for the conveyance of
petroleum recovered in a licence area to the registered holder of the production
licence for that area (the licensee)”.
22 Subsection 65(5)
Omit “the licensee”, substitute “the registered holder of
the production licence for a licence area”.
23 Subsection 65(5)
Omit “a licence area”, substitute “that licence
area”.
24 Subsections 65(7), (8), (9), (10) and
(11)
Omit “or (2)” (wherever occurring), substitute “, (2) or
(2A)”.
Note 1: The following heading to subsection 65(1) is
inserted “Notification of preparedness to grant pipeline licence
relating to licence area to person other than production
licensee”.
Note 2: The following heading to subsection 65(2) is
inserted “Notification of preparedness to grant pipeline licence
relating to licence area to production licensee”.
Note 3: The following heading to subsection 65(2A) is
inserted “Notification of preparedness to grant other pipeline
licences”.
Note 4: The following heading to subsection 65(3) is
inserted “Joint Authority may refuse to grant pipeline licence relating
to licence area if production licence conditions not complied with,
etc.”.
Note 5: The following heading to subsection 65(4) is
inserted “Joint Authority must not refuse to grant pipeline licence to
production licensee under subsection (3) unless notice
given”.
Note 6: The following heading to subsection 65(5) is
inserted “Joint Authority may refuse to grant pipeline licence relating
to a licence area to a person other than the production
licensee”.
Note 7: The following heading to subsection 65(7) is
inserted “Instrument indicating preparedness to grant a pipeline
licence must specify route of pipeline and conditions of
licence”.
Note 8: The following heading to subsection 65(8) is
inserted “Route to be specified in respect of all pipeline
licences”.
Note 9: The following heading to subsection 65(9) is
inserted “All persons notified of preparedness to grant pipeline
licence have 3 months to request grant of licence”.
Note 10: The following heading to subsection 65(10) is
inserted “If request for grant of pipeline licence is made within due
time, Joint Authority must grant licence”.
Note 11: The following heading to subsection 65(11) is
inserted “If grant of pipeline licence not requested within time,
application for licence lapses”.
25 Paragraph 67(1)(b)
Omit “where the Joint Authority is of the opinion that, having regard
to the dates of expiration of the licences”, substitute “if, in the
case of a pipeline licence for the conveyance of petroleum from a licence area
or licence areas, the Joint Authority is of the opinion that, having regard to
the dates of expiration of the production licences for that area or for each of
those areas.”.
1 Section 4
After “introduction”, insert “,
establishment”.
2 Subsection 5(1) (definition of
goods)
Omit “and plants”, insert “, plants, mail of any
kind”.
3 Paragraph 13(1)(e)
After “introduce”, insert “, establish or
spread”.
4 Subsection 13(2A)
Repeal the subsection, substitute:
(2A) A Proclamation made under subsection (1):
(a) prohibiting the importation into Australia or the Cocos Islands of any
thing; or
(b) prohibiting the removal of any thing from any part of the Commonwealth
to any other part of the Commonwealth or from any part of the Cocos Islands to
any other part of the Cocos Islands;
may provide that the importation or removal of that thing is prohibited
unless a permit granting permission to import or remove that thing or a class of
those things is granted by a Director of Quarantine.
5 Saving provision
If:
(a) a Proclamation made under subsection 13(1) of the Quarantine Act
1908 before the day on which items 3 and 4 of this Schedule commence
prohibited the importation into Australia or the Cocos Islands of any thing
unless a permit granting permission to import that thing was granted by a
Director of Quarantine or a person authorised in writing by a Director of
Quarantine; and
(b) that Proclamation was not revoked before that day;
then, on and after that day:
(c) the Proclamation continues to have effect as if it were a Proclamation
made in accordance with subsection 13(2A)(a) of that Act as amended by this Act;
and
(d) any permit granted under that Proclamation and not revoked before that
day has effect as if it were a permit granted under the Proclamation as so
continued in force.
6 Subsection 13(2B)
After “importation”, insert “or removal”.
7 After subsection 13(2B)
Insert:
(2C) If, after the grant of a permit under a Proclamation made in
accordance with subsection (2A), a Director of Quarantine is
satisfied:
(a) that the risk of the introduction, establishment or spread of diseases
or pests attaching to the importation or removal of the thing or class of things
to which the permit relates has altered; or
(b) that the person to whom the permit was granted has breached a
condition of the permit;
that Director of Quarantine may, by notice in writing given to the person
to whom the permit was issued, revoke the permit.
8 Subsection 13(3)
After “for the purpose of preventing the”, insert
“introduction, establishment or”.
9 Section 16
Repeal the section.
10 Subsection 29(2)
Omit “, goods, mails or loose letters”, substitute “or
goods”.
11 After section 63
Insert:
The owner of an animal held, or to be held, in a quarantine station may
agree with the Commonwealth, on such terms and conditions as are set out in the
agreement, to provide sustenance for the animal during the period, or a part of
the period, while the animal is so held.
12 Section 78A
Repeal the section, substitute:
(1) In this section:
Commonwealth includes the Cocos Islands.
installation means:
(a) an Australian installation; or
(b) a resources installation which is in Australian waters for the purpose
of becoming attached to the Australian seabed; or
(c) a sea installation which is in Australian waters for the purpose of
becoming installed in an adjacent area or in a coastal area.
internal waters, in relation to a State or an internal
Territory, means the area comprising the waters of the sea within the limits of
the State or the internal Territory and includes the space above or below that
area.
vessel means:
(a) an Australian vessel; or
(b) a Cocos Islands vessel; or
(c) an overseas vessel that is:
(i) in the coastal area or the internal waters of a State or an internal
Territory; and
(ii) is travelling to a port or a place in the Commonwealth; or
(d) a vessel in any port in the Commonwealth.
(2) If a quarantine officer reasonably believes that a vessel or an
installation is likely to be in an insanitary condition, or is likely to be
carrying diseases or pests, the officer may, by written order given to the owner
or master of the vessel or installation, require a specified process to be
carried out in respect of the vessel or installation in the manner specified in
the order.
(3) Without limiting subsection (2):
(a) the process that may be specified in an order includes:
(i) cleansing, disinfection, fumigation or other treatment of the vessel
or installation for the purposes of preventing the introduction, establishment
or spread of diseases or pests; or
(ii) production of samples of, or exchange or other treatment of, ballast
water in a vessel; and
(b) the order may specify where the specified process is to be carried
out.
(4) The person to whom an order under subsection (2) is given must not
refuse or fail to comply with the order.
Penalty: 500 penalty units.
Note: If a body corporate is convicted of an offence,
subsection 4B(3) of the Crimes Act 1914 allows a court to impose a fine
of an amount that is not greater than 5 times the maximum fine that could be
imposed by a court on an individual convicted of the same
offence.
13 After subsection
86E(2AA)
Insert:
(2AB) The Minister may remit a part of a fee payable by a person in
respect of a quarantine service if he or she is satisfied that it is appropriate
to do so having regard to the fact that, during the whole or a part of the
period that an animal was held in a quarantine station, the person provided
sustenance for the animal in accordance with an agreement under section
63A.
14 After section 86E
Insert:
(1) If:
(a) the operation of this Act results in the acquisition of property from
a person; and
(b) the Commonwealth and the person agree on an amount of compensation for
the acquisition;
the Commonwealth must pay the person the agreed amount of
compensation.
(2) If:
(a) the operation of this Act results in the acquisition of property from
a person; and
(b) the Commonwealth and the person do not agree on an amount of
compensation for the acquisition;
the Commonwealth must pay the person the amount of compensation (if any)
that is determined by a court of competent jurisdiction.
(3) This section does not affect the operation of section 69A.
(4) In this section:
acquisition of property means an acquisition of property
within the meaning of paragraph 51(xxxi) of the Constitution.
15 Subsection 87(1)
Omit “in particular for any of”, substitute “, without
limiting the generality of the foregoing, may make regulations
concerning”.
16 Paragraphs 87(1)(b), (c) and
(d)
Repeal the paragraphs, substitute:
(b) for regulating and protecting quarantine stations, quarantine areas
and places approved under section 46A and for prescribing measures of quarantine
within any such stations, areas and places;
(c) for regulating or preventing the entry of persons into, or the exit of
persons from, quarantine stations, quarantine areas and places approved under
section 46A;
(d) for regulating or preventing the taking of animals, plants, goods or
things into, or out of, quarantine stations, quarantine areas and places
approved under section 46A;
17 Paragraph 87(1)(j)
Omit “or the spread,”, substitute “or the establishment
or spread,”.
18 Paragraph 87(1)(k)
Repeal the paragraph, substitute:
(k) for regulating the discharge or removal from any vessel of any water
(including ballast water), of any equipment or thing used for purposes
associated with the transportation of animals, plants, goods or any other thing,
or of any refuse;
19 Paragraph 87(1)(la)
After “measures to be taken”, insert “(including measures
relating to the examination of animals, plants, goods or things, or of any
equipment or thing used for purposes associated with the transportation of
animals, plants, goods or any other thing and to the sampling of ballast
water)”.
20 Paragraph 87(1)(lb)
Repeal the paragraph, substitute:
(lb) for prescribing measures to be taken in relation to a vessel engaged
in navigation by air by:
(i) persons authorised by a Director of Quarantine; or
(ii) the master of the vessel;
for the spraying, fumigation or disinfection of the vessel or any other
measure of quarantine control in relation to the vessel before or after landing
in Australia or the Cocos Islands;
21 Paragraph 87(1)(ra)
Repeal the paragraph, substitute:
(ra) for prescribing matters relating to:
(i) the making of an application for a permission or authorisation
(however described) under this Act or under the regulations, the procedures for
consideration of such an application and the grant or refusal of such an
application; and
(ii) the giving of a notice or declaration, or the making of a
requirement, (however described), under this Act or under the
regulations;
(rb) for prescribing the manner in which a permission or authorisation, or
a notice, declaration or requirement, referred to in paragraph (ra), may be
produced to a person or body.
22 Paragraph 87(1)(s)
Omit “$2,000”, substitute “50 penalty
units”.
23 Paragraph 87(1)(u)
Repeal the paragraph, substitute:
(u) for prescribing the circumstances in which reports are to be made in
relation to vessels, the matters to be covered in those reports, and the persons
by whom, and the manner in which, those reports are to be made;
24 Saving of regulations
Any regulation made, or purportedly made, for the purposes of a paragraph
of subsection 87(1) of the Quarantine Act 1908, before the day on which
items 15 to 23 of this Schedule commence that has not been revoked, or
purportedly revoked, immediately before that day continues in force, on and
after that day, as if it had been made under that paragraph of that subsection
of the Quarantine Act 1908 as amended by this Act.
1 Subsection 4(1) (after paragraph (q) of the
definition of sea installation)
Insert:
(qa) any pipeline in respect of which a pipeline licence is required to be
issued under the Petroleum (Submerged Lands) Act 1967;
1 After section 1227
Insert:
(1) A debt that is recoverable under section 56 of the Farm Household
Support Act 1992 in respect of an amount of drought relief payment is also a
debt that is due to, and recoverable by, the Commonwealth under this
Act.
(2) The debt may be recovered by the Commonwealth by means of:
(a) if the person liable to pay the debt is receiving a drought relief
payment under the Farm Household Support Act 1992—deductions from
that person’s drought relief payment; or
(b) if the person liable to pay the debt is receiving a social security
payment under this Act—deductions from that person’s social security
payment; or
(c) if section 1234A applies to another person who is receiving a social
security payment under this Act—deductions from that other person’s
social security payment; or
(d) legal proceedings; or
(e) garnishee notice.
Note 1: For deductions see sections 1231,
1231A and 1234A.
Note 2: For legal proceedings see section
1232.
Note 3: For garnishee notice see section
1233.
Note 4: If the person does not pay the debt within 3 months
after receiving a notice of the amount of the debt, the amount of the debt will
increase under section 1229.
2 Section 1230B
After “1227”, insert “, 1227A”.
3 Section 1231AA
Omit “Sections 1231”, substitute “Sections 1231,
1231A”.
4 Paragraph 1231AA(a)
Omit “section 1231”, substitute “sections 1231 and
1231A”.
5 After paragraph
1231(1)(a)
Insert:
(aa) a debt recoverable under section 1227A;
6 After section 1231
Insert:
(1) If:
(a) a person is liable to pay a debt under section 56 of the Farm
Household Support Act 1992; and
(b) the person is receiving drought relief payment under that
Act;
the debt is to be deducted from the person’s drought relief payment
in the following way:
Method statement
Step 1. Take the amount, decided under subsection (2), by which each
instalment of the person’s drought relief payment is to be
reduced.
Step 2. Each instalment of the person’s drought relief payment
is to be reduced by that amount, until the sum of those amounts is equal to the
debt.
(2) The Secretary is to decide in each case the amount by which each
instalment of the person’s drought relief payment is to be reduced, and
may vary the amount from time to time.
(3) The debt must be deducted in accordance with this section
unless:
(a) the Secretary takes action under Part 5.4 (write off and waiver) in
relation to the amount; or
(b) the amount is otherwise recovered by the Commonwealth under another
provision of this Chapter.
(4) A claim under this section for the recovery of a debt is not to be
commenced after the end of the period of 6 years starting on the day on which
the debt arose.
7 Subsection 1233(1)
After “section” (second occurring), insert “1227A
or”.
8 Application
The amendments of the Social Security Act 1991 made by this Schedule
apply to any debt that is recoverable under section 56 of the Farm Household
Support Act 1992 in respect of an amount of drought relief payment, whether
the debt arose before the commencement of the amendments or not.