Commonwealth of Australia Explanatory Memoranda Commonwealth of Australia Explanatory Memoranda[Index] [Search] [Download] [Bill] [Help]
2004
(Circulated by authority
of the Minister for Agriculture, Fisheries and Forestry,
the Hon Warren Truss
MP)
This Bill amends the Australian Meat and Live-stock Industry Act
1997 (the AMLI Act) to allow, in addition to the current arrangements, an
industry organisation representing live-stock exporters to be determined as a
marketing body and as a research body for the purpose of receiving revenue
derived from compulsory charges applied to the live-stock export industry from
time to time.
The current AMLI Act limits the determinations to only a
single industry marketing body and a single industry research body, which
constrains the disbursement of levies and charges collected under complementary
legislation. The amendment will allow the appropriate industry organisations to
be determined by the Minister as being eligible to receive the guaranteed
funding necessary for the sustained productivity of the live-stock export trade.
The amendment further provides for the tabling in the Parliament of any funding
agreements entered into between the Minister and live-stock export bodies and
for the tabling of compliance reports and annual reports from those
bodies.
The amendment also ensures that the matching funds provided by
the Commonwealth for the live-stock export industry research activities
continues to pass to the body determined to be the industry research body
– currently Meat and Live-stock Australia (MLA).
In addition, the
Bill includes amendments to the definitions of “meat”,
“live-stock” and “edible offal” in section 3 of the AMLI
Act to separate the definition of “live-stock” from the definitions
of “meat” and “edible offal”.
The purpose of this
Bill is to give effect in part to the Government’s response to the Keniry
Report into Live-stock Exports, announced by the Minister for Agriculture,
Fisheries and Forestry on 30 March 2004, by amending the AMLI Act.
The
Bill provides the basis for introducing greater flexibility for the disbursement
of funds derived from the collection of compulsory levies and charges by:
• allowing for an industry organisation representing live-stock exporters to be determined as a marketing body and as a research body for the purpose of receiving revenue derived from compulsory customs charges applied to the live-stock export industry; and
• enabling the matching funds provided by the
Commonwealth for research and development to continue to be provided to the
industry research body.
The amendments in the Bill will ensure that the
legislative framework is in place for the changes to the live-stock export
industry’s structural and funding arrangements that complement the package
of reforms to the live-stock export trade announced by the Australian Government
on 30 March 2004.
The Primary Industries Customs (Charges) Act
1999 (the Customs Charges Act) and the Primary Industries (Excise) Levies
Act 1999 (the Levies Act)
and their respective subordinate legislation provide that levies and charges
applied under these Acts allow for revenue from those levies and charges to be
directed to bodies determined by the Minister as the research body and the
marketing body for the red meat industry under the AMLI Act. This revenue is to
be used by these bodies for research and marketing purposes, with the research
funds being matched by the Commonwealth under conditions prescribed in the AMLI
Act.
Charges that would be applied to the live animal export sector of
the industry have their operating rates set at zero. This was effected with the
agreement of the industry at the time it underwent a major restructure in
1997-98. The live-stock export sector sought to raise its funding by voluntary
contributions from members and those funds would be directed, on a contestable
basis, to the declared bodies for research and marketing purposes. The industry
agreed that, should the funding received from voluntary contributions be
insufficient to meet the sector’s industry obligations, the Minister could
suspend this arrangement and activate the compulsory charges.
The AMLI
Act provides for the determination by the Minister of only a single industry
body for each of research and marketing, although as is the case now, the same
body may be determined to be both the industry research body and the industry
marketing body. This limits the payment of funds received from levies and
charges to one organisation only. The body determined by the Minister to be
both the industry marketing body and the industry research body is
MLA.
The Keniry Report and the subsequent government decisions flowing
from that report have identified a discrete role for the Australian Livestock
Export Corporation Limited (LiveCorp), the operational arm of the live-stock
export sector of the red meat industry. The Report recommended that industry
should be responsible for research and development (R&D) and management of
quality assurance systems to support its members translate best practice
standards into outcomes consistent with best practice and that its activities
should be funded by a compulsory charge. The Government agreed that LiveCorp
should continue its R&D, marketing, improved quality assurance and
capability undertakings on behalf of the live export sector of the red meat
industry. The Government also agreed to put in place the compulsory charges
that provide the necessary financial underpinning for LiveCorp’s new
role.
The Bill will delete the reference to the current marketing and
research bodies and permit the Minister to declare an industry marketing body
and an industry research body and also allow a live-stock export marketing body
and a livestock export research body to be declared. The industry research body
(at present MLA) will continue to draw Commonwealth matching funds for research
activities.
The amendments contained in Schedule 3 to the Bill are
merely technical. These amendments make corrections to the commencement
provisions of the Agriculture, Fisheries and Forestry Legislation Amendment
Act (No. 1) 2003 and the Agriculture, Fisheries and Forestry
Legislation Amendment Act (No. 1) 2004 to take account of changes in
the Short Titles of certain Acts referred to in those commencement provisions.
This will ensure that there are no problems with the commencement of these
two Acts.
During the consultations leading to the restructure of the red meat industry
in 1997 the government and industry agreed that certain fundamental activities
should be supported by funds from compulsory levies and charges. These included
industry marketing and research activities. These funds, specifically
identified as separate components of each applicable levy or charge, were to be
paid to MLA, which, although established as the industry’s producer body,
was recognised at the time as the most appropriate body to coordinate marketing
and research activity.
The live-stock export sector sought to be exempted
from the imposition of compulsory levies. It elected instead to obtain funding
from voluntary contributions, which, through a formal donor company, would be
paid to MLA for agreed research and marketing projects. However, the projects
were to be contestable, while Commonwealth matching funds for research would
only be paid to MLA on the basis of research activities undertaken by MLA, part
of which would be supported through voluntary contributions made available
through the prescribed donor companies.
This arrangement was accepted
by the Government and the industry on the basis that, should the revenue
collected be insufficient to meet the sector’s industry obligations, the
Minister could apply the appropriate charges to that sector in the same manner
as applied to the rest of the industry. These arrangements required the
determination of a single industry research body and a single industry marketing
body. The Minister determined that in each case this should be MLA.
The
expanding activities of LiveCorp since that time and the role envisaged for the
organisation following the resolutions of the Keniry Review have identified that
the revenue obtained by LiveCorp through voluntary contributions is inadequate
and inappropriate to guarantee its long term sustainability so that it can
continue to undertake its industry obligations. Under existing legislative
arrangements the Minster can agree to the imposition of a customs charge to
collect marketing and research funds, these funds would be directed to MLA and
not LiveCorp. The Government has agreed that the necessary legislative changes
should be made to permit LiveCorp (or any other organisation that may be
determined by the Minister) to receive its export charge-based revenue directly.
Current legislation also requires that Commonwealth matching funds for
approved research expenditure be paid to the single declared research body.
This reflects an industry position that the most appropriate body for
coordinating the delivery of research activity on behalf of the industry remains
MLA. The Bill will therefore provide that MLA, or the body determined to be the
industry research body, will be the only body eligible to receive Commonwealth
matching funds for research.
The Bill will require no additional Commonwealth expenditure. As a
first measure, the Commonwealth will implement a compulsory charge to fund
industry initiatives. This process was considered when the Customs Charges
Act and supporting legislation was prepared and includes provision for
the charge but sets the amount at zero. In lieu of the charge, industry members
paid a voluntary contribution to LiveCorp designed to fund marketing activities
and sector research projects and to offset operating costs. This included
contributions to MLA for agreed research projects that were matched by the
Commonwealth.
The Minister reserved the right to activate the compulsory
charge should the revenue obtained voluntarily be insufficient for LiveCorp to
maintain its industry obligations and this has been identified to be the case.
Industry has requested the Government apply a compulsory charge on live-stock
exports and this approach has been recommended in the Keniry Report.
The
Commonwealth will match the research and development component of the Customs
charge that is paid to the body identified as the industry research body. Funds
directed to the industry research body by the live-stock export research body
will be similar to those provided from the voluntary contribution arrangements
and well within the limit of 0.5% of the annual Gross Value of Production for
the industry. No additional matching Commonwealth funding is
anticipated.
AGRICULTURE, FISHERIES AND FORESTRY AMENDMENT BILL (No.
2) 2004
1. Clause 1 is a formal provision specifying that the Act may be cited as the
Agriculture, Fisheries and Forestry Legislation Amendment Act (No. 2)
2004.
2. Clause 2 sets out commencement information in a table and specifies
that each provision of the Act specified in column 1 of the table commences or
is taken to have commenced on the day or at the time specified in column 2 of
the table.
3. Clause 3 provides that the amendment of each Act specified in the
Schedule to the Bill and any other item in the Schedule will have effect
according to its terms.
SCHEDULE 1 – LIVE-STOCK EXPORT
MARKETING BODY AND LIVE-STOCK EXPORT RESEARCH BODY
4. This item inserts a definition for an “industry marketing
body” in section 58 of the Australian Meat and Live-stock Industry Act
1997. The definition replaces the existing term: “marketing
body”.
5. This item inserts a definition for an “industry research
body” in section 58 of the Australian Meat and Live-stock Industry Act
1997. The definition replaces the existing term: “research
body”.
6. This item inserts a new definition for a “live-stock export
marketing body” in section 58 of the Australian Meat and Live-stock
Industry Act 1997.
7. This item inserts a new definition for a “live-stock export
research body” in section 58 of the Australian Meat and Live-stock
Industry Act 1997.
8. This section repeals the current definition of “marketing
body” in section 58. This definition is replaced by the definition:
“industry marketing body” introduced in item 1.
9. This section repeals the current definition of “research
body” in section 58. This definition is replaced by the definition:
“industry research body” introduced in item 2.
11. These items insert “industry” before “marketing
body” in section 60(4) and “industry” before “research
body” in section 60(5). These amendments redefine the bodies to
separately describe the constraints applied to the Minister when determining
bodies to be industry marketing or research bodies.
12. This item extends the provisions of section 60, describing conditions
that must satisfy the Minister before he may declare a body to be the live-stock
export marketing body or the live-stock export research body. Sections 60(5A)
and 60(5B) identify that the body must have consented to the declaration, be an
incorporated company limited by guarantee and, taking into account certain
factors, must convince the Minister that it can appropriately represent the
live-stock export industry in regard to its marketing and research activities
respectively.
13. This item inserts “industry” before “research
body” in section 61(1). This and other similar changes differentiate the
marketing body representing the broader industry and the marketing body
representing the live-stock export sector.
14. This item inserts “, live-stock export marketing body, the
live-stock export research body” after “research body” in
section 62. This identifies the new range of marketing and research bodies
required to inform the Minister about changes to their memoranda and articles of
association.
15. This item inserts “industry” before “marketing
body” in section 63(1A). This and other similar changes differentiate the
marketing body representing the broader industry and the marketing body
representing the live-stock export sector.
16. This item repeals paragraphs 63(1A)(d) and (g). The effect of the
repeal is to remove those payments to the industry marketing body of the amounts
received by the Commonwealth under paragraphs 3(a), 4(a) and 5(a) of Schedule 11
of the Primary Industries Customs (Charges) Act 1999 and paragraphs
3(1)(a) of Schedule 2 of the Primary Industries Customs (Charges) Act 1999.
These amounts represent the marketing component of the customs charges
relating to live-stock exports.
17. This item inserts “industry” before “marketing
body” in section 63(1). This and other similar changes differentiate the
marketing body representing the broader industry and the marketing body
representing the live-stock export sector.
18. This item inserts “industry” before “marketing
body” in section 63(2). This and other similar changes differentiate the
marketing body representing the broader industry and the marketing body
representing the live-stock export sector.
19. This item inserts “industry” before “research
body” in section 64(1A). This and other similar changes differentiate the
research body representing the broader industry and the research body
representing the live-stock export sector.
20. This item repeals paragraphs 64(1A)(d) and (g). The effect of the
repeal is to remove those payments to the industry research body of the amounts
received by the Commonwealth under paragraphs 3(b), 4(b) and 5(b) of Schedule 11
of the Primary Industries Customs (Charges) Act 1999 and paragraphs
3(1)(b) of Schedule 2 of the Primary Industries Customs (Charges) Act 1999.
These amounts represent the research component of the customs charges
relating to live-stock exports.
21. This item inserts “industry” before “marketing
body” in section 64(1). This and other similar changes differentiate the
marketing body representing the broader industry and the marketing body
representing the live-stock export sector.
22. This item inserts “industry” before “marketing
body” in section 64(2). This and other similar changes differentiate the
marketing body representing the broader industry and the marketing body
representing the live-stock export sector.
23. This item inserts a new section 64A, which identifies the payments to
be made to the live-stock export marketing body. It cites the payments of the
amounts received by the Commonwealth under paragraphs 3(a), 4(a) and 5(a) of
Schedule 11 of the Primary Industries Customs (Charges) Act 1999 and
paragraphs 3(1)(a) of Schedule 2 of the Primary Industries Customs (Charges)
Act 1999. These payments were deleted in Item 14 from the payments to be
made to the industry marketing body.
24. This item also inserts a new
section 64B, which identifies the payments to be made to the live-stock export
research body. It cites the payments of the amounts received by the
Commonwealth under paragraphs 3(b), 4(b) and 5(b) of Schedule 11 of the
Primary Industries Customs (Charges) Act 1999 and paragraphs 3(1)(b) of
Schedule 2 of the Primary Industries Customs (Charges) Act 1999. These
payments were deleted in Item 18 from the payments to be made to the industry
marketing body.
25. This item repeals subsection 65(2) and substitutes a new subsection 65(2)
that updates references to paragraphs that make reference to penalty payments
payable under the Primary Industries Levies and Charges Collection Act
1991. The update includes references that are affected by the addition of
the live-stock export marketing body and the live-stock export research
body.
26. This item inserts “industry” before “research
body” (where occurring) in subsections 66(1), (2) and (3). This and other
similar changes differentiate the research body representing the broader
industry and the research body representing the live-stock export sector of the
industry.
27. This item inserts “industry” before “marketing
body” in subsection 67(1). This and other similar changes differentiate
the marketing body representing the broader industry and the marketing body
representing the live-stock export sector.
28. This item inserts “industry” before “research
body” in subsections 67(2) and (3). This and other similar changes
differentiate the research body representing the broader industry and the
marketing body representing the live-stock export sector.
29. This item inserts new subsections (3A) and (3B) after subsection
67(3). These subsections replicate the provisions already in place under
subsections 67(1) and (2) for the amounts paid to the industry marketing body
and the industry research body but provide the arrangements for amounts to be
paid to the live-stock export marketing body and the live-stock export research
body with reference to the amounts in subsections 64A and 64B.
30. This item deletes “or 64” from section 68 and substitutes
“, 64, 64A or 64B”. The effect of this change is to cross reference
the appropriate sections that refer to reimbursements to the
Commonwealth.
31. This item inserts a new Division 4 that provides for the
Minister’s requirement to report to the Parliament in regard to any
funding agreement entered into between the Minister and live-stock export bodies
declared under the Act.
32. Subsection 68A provides that Division 4
applies if the Minister and either or both the live-stock export marketing body
or the live-stock export research body enter into a funding agreement.
33. Subsection 68B requires the Minister to table in each House of the
Parliament a copy of the funding agreement or a variation to the agreement
within 14 sitting days after entering into or varying such an agreement.
34. Subsection 68C requires the Minister to arrange for a report on the
compliance by the live-stock export body with the funding agreement to be tabled
in the Parliament as soon as practicable after the end of each financial year.
35. Subsection 68D provides that if the live-stock export body with
which the funding agreement is made provides the Minister with a copy of its
annual report, the Minister must arrange for the report to be tabled in both
Houses of Parliament as soon as practicable after the report is
received.
36. This item inserts “industry” before “marketing
body” in subsection 69(8) (paragraph (a) of the definition of
prescribed body). This and other similar changes differentiate the
marketing body representing the broader industry and the marketing body
representing the live-stock export sector of the industry.
37. This item inserts “industry” before “research
body” in subsection 69(8) (paragraph (a) of the definition of
prescribed body). This and other similar changes differentiate the
research body representing the broader industry and the research body
representing the live-stock export sector of the industry.
38. This item inserts sub-paragraphs (ba) and (bb) after paragraph (b) of
the definition of prescribed body in subsection 69(8). The effect of these
additions is to add the live-stock export marketing body and the live-stock
export research body to those bodies identified as prescribed bodies
under Part 3 of the Australian Meat and Live-stock Industry Act
1997.
39. This item inserts into Clause 1 of Schedule 2 that “live-stock
export marketing body” has the same meaning as in Part 3 of the
Australian Meat and Live-stock Industry Act 1997.
40. This item inserts into Clause 1 of Schedule 2 that “live-stock
export research body” has the same meaning as in Part 3 of the
Australian Meat and Live-stock Industry Act 1997.
41. This item repeals the definition of “marketing body” in
Clause 1 of Schedule 2.
42. This item repeals the definition of “research body” in
Clause 1 of Schedule 2.
43. This item inserts “live-stock export” before
“marketing” in note 1 of subclause 3(1) of Schedule 2. This and
other similar changes differentiate the live-stock export marketing body
representing the live-stock export sector of the industry and the marketing body
representing the broader industry.
44. This item inserts “live-stock export” before
“research” in note 2 of subclause 3(1) of Schedule 2. This and
other similar changes differentiate the live-stock export research body
representing the live-stock export sector of the industry and the research body
representing the broader industry.
45. This item inserts into subclause 1(1) of Schedule 3 that
“live-stock export marketing body” has the same meaning as in Part 3
of the Australian Meat and Live-stock Industry Act 1997.
46. This item inserts into subclause 1(1) of Schedule 3 that
“live-stock export research body” has the same meaning as in Part 3
of the Australian Meat and Live-stock Industry Act 1997.
47. This item repeals the definition of “marketing body” in
subclause 1(1) of Schedule 3.
48. This item repeals the definition of “research body” in
subclause 1(1) of Schedule 3.
53. This item inserts into Clause 1 of Schedule 11 that “live-stock
export marketing body” has the same meaning as in Part 3 of the
Australian Meat and Live-stock Industry Act 1997.
54. This item inserts into Clause 1 of Schedule 11 that “live-stock
export research body” has the same meaning as in Part 3 of the
Australian Meat and Live-stock Industry Act 1997.
55. This item repeals the definition of “marketing body” in
Clause 1 of Schedule 11.
56. This item repeals the definition of “research body” in
Clause 1 of Schedule 11.
57. This item inserts “live-stock export” before
“marketing” in note 1 of Clause 3 of Schedule 11. This and other
similar changes differentiate the live-stock export marketing body representing
the live-stock export sector of the industry and the marketing body representing
the broader industry.
58. This item inserts “live-stock export” before
“research” in note 2 of Clause 3 of Schedule 11. This and other
similar changes differentiate the live-stock export research body representing
the live-stock export sector of the industry and the research body representing
the broader industry.
59. This item inserts “live-stock export” before
“marketing” in note 1 of Clause 4 of Schedule 11. This and other
similar changes differentiate the live-stock export marketing body representing
the live-stock export sector of the industry and the marketing body representing
the broader industry.
60. This item inserts “live-stock export” before
“research” in note 2 of Clause 4 of Schedule 11. This and other
similar changes differentiate the live-stock export research body representing
the live-stock export sector of the industry and the research body representing
the broader industry.
61. This item inserts “live-stock export” before
“marketing” in note 1 of Clause 5 of Schedule 11. This and other
similar changes differentiate the live-stock export marketing body representing
the live-stock export sector of the industry and the marketing body representing
the broader industry.
62. This item inserts “live-stock export” before
“research” in note 2 of Clause 5 of Schedule 11. This and other
similar changes differentiate the live-stock export research body representing
the live-stock export sector of the industry and the research body representing
the broader industry.
63. This item inserts into Clause 1 of Schedule 12 that “live-stock
export marketing body” has the same meaning as in Part 3 of the
Australian Meat and Live-stock Industry Act 1997.
64. This item inserts into Clause 1 of Schedule 12 that “live-stock
export research body” has the same meaning as in Part 3 of the
Australian Meat and Live-stock Industry Act 1997.
65. This item repeals the definition of “marketing body” in
Clause 1 of Schedule 12.
66. This item repeals the definition of “research body” in
Clause 1 of Schedule 12.
68. This item inserts “industry” before
“research” in note 2 of Clause 3 of Schedule 12. This and other
similar changes differentiate the marketing body representing the broader
industry and the marketing body representing the live-stock export sector.
70. This item inserts “industry” before
“research” in note 2 of Clause 4 of Schedule 12. This and other
similar changes differentiate the marketing body representing the broader
industry and the marketing body representing the live-stock export sector.
72. This item inserts “industry” before
“research” in note 2 of Clause 5 of Schedule 12. This and other
similar changes differentiate the marketing body representing the broader
industry and the marketing body representing the live-stock export sector.
73. This item inserts into Clause 1 of Schedule 1 that “industry
marketing body” has the same meaning as in Part 3 of the Australian
Meat and Live-stock Industry Act 1997.
74. This item inserts into Clause 1 of Schedule 1 that “industry
research body” has the same meaning as in Part 3 of the Australian Meat
and Live-stock Industry Act 1997.
75. This item repeals the definition of “marketing body” in
Clause 1 of Schedule 1.
76. This item repeals the definition of “research body” in
Clause 1 of Schedule 1.
77. This item inserts “industry” before
“marketing” in note 1 of subclause 3(1) of Schedule 1. This and
other similar changes differentiate the marketing body representing the broader
industry and the marketing body representing the live-stock export sector.
78. This item inserts “industry” before
“research” in note 2 of subclause 3(1) of Schedule 1. This and
other similar changes differentiate the marketing body representing the broader
industry and the marketing body representing the live-stock export sector.
79. This item inserts into Clause 1 of Schedule 3 that “industry
marketing body” has the same meaning as in Part 3 of the Australian
Meat and Live-stock Industry Act 1997.
80. This item inserts into Clause 1 of Schedule 3 that “industry
research body” has the same meaning as in Part 3 of the Australian Meat
and Live-stock Industry Act 1997.
81. This item repeals the definition of “marketing body” in
Clause 1 of Schedule 3.
82. This item repeals the definition of “research body” in
Clause 1 of Schedule 3.
83. This item inserts “industry” before
“marketing” in note 1 of subclause 6(1) of Schedule 3. This and
other similar changes differentiate the marketing body representing the broader
industry and the marketing body representing the live-stock export sector.
84. This item inserts “industry” before
“research” in note 2 of subclause 6(1) of Schedule 3. This and
other similar changes differentiate the research body representing the broader
industry and the research body representing the live-stock export sector.
85. This item inserts “industry” before
“marketing” in note 1 of subclause 6(2) of Schedule 3. This and
other similar changes differentiate the marketing body representing the broader
industry and the marketing body representing the live-stock export sector.
86. This item inserts “industry” before
“research” in note 2 of subclause 6(2) of Schedule 3. This and
other similar changes differentiate the research body representing the broader
industry and the research body representing the live-stock export sector.
87. This item inserts “industry” before
“marketing” in note 1 of subclause 6(3) of Schedule 3. This and
other similar changes differentiate the marketing body representing the broader
industry and the marketing body representing the live-stock export sector.
88. This item inserts “industry” before
“research” in note 2 of subclause 6(3) of Schedule 3. This and
other similar changes differentiate the research body representing the broader
industry and the research body representing the live-stock export sector.
89. This item inserts into Clause 1 of Schedule 17 that “industry
marketing body” has the same meaning as in Part 3 of the Australian
Meat and Live-stock Industry Act 1997.
90. This item inserts into Clause 1 of Schedule 17 that “industry
research body” has the same meaning as in Part 3 of the Australian Meat
and Live-stock Industry Act 1997.
91. This item repeals the definition of “marketing body” in
Clause 1 of Schedule 17.
92. This item repeals the definition of “research body” in
Clause 1 of Schedule 17.
93. This item inserts “industry” before
“marketing” in note 1 of subclause 3(1) of Schedule 17. This and
other similar changes differentiate the marketing body representing the broader
industry and the marketing body representing the live-stock export sector.
94. This item inserts “industry” before
“research” in note 2 of subclause 3(1) of Schedule 17. This and
other similar changes differentiate the research body representing the broader
industry and the research body representing the live-stock export sector.
95. This item inserts “industry” before
“marketing” in note 1 of subclause 3(2) of Schedule 17. This and
other similar changes differentiate the marketing body representing the broader
industry and the marketing body representing the live-stock export sector.
96. This item inserts “industry” before
“research” in note 2 of subclause 3(2) of Schedule 17. This and
other similar changes differentiate the research body representing the broader
industry and the research body representing the live-stock export sector.
97. This item inserts “industry” before
“marketing” in note 1 of subclause 3(3) of Schedule 17. This and
other similar changes differentiate the marketing body representing the broader
industry and the marketing body representing the live-stock export sector.
98. This item inserts “industry” before
“research” in note 2 of subclause 3(3) of Schedule 17. This and
other similar changes differentiate the research body representing the broader
industry and the research body representing the live-stock export sector.
99. This item inserts into Clause 1 of Schedule 18 that “industry
marketing body” has the same meaning as in Part 3 of the Australian
Meat and Live-stock Industry Act 1997.
100. This item inserts into Clause 1 of Schedule 18 that “industry
research body” has the same meaning as in Part 3 of the Australian Meat
and Live-stock Industry Act 1997.
101. This item repeals the definition of “marketing body” in
Clause 1 of Schedule 18.
102. This item repeals the definition of “research body” in
Clause 1 of Schedule 18.
104. This item inserts “industry” before
“research” in note 2 of subclause 4(1) of Schedule 18. This and
other similar changes differentiate the marketing body representing the broader
industry and the marketing body representing the live-stock export sector.
106. This item inserts “industry” before
“research” in note 2 of subclause 4(3) of Schedule 18. This and
other similar changes differentiate the marketing body representing the broader
industry and the marketing body representing the live-stock export sector.
108. This item inserts “industry” before
“research” in note 2 of subclause 4(4) of Schedule 18. This and
other similar changes differentiate the marketing body representing the broader
industry and the marketing body representing the live-stock export sector.
109. This item omits the word “live-stock” from the
definition of “edible offal” in section 3 of the AMLI Act and
substitutes the words “cattle, calves, sheep, lambs, goats or other
animals prescribed for the purposes of the definition of
meat”.
110. The purpose of this amendment is to separate the
definition of edible offal from the definition of live-stock and link the
definition of edible offal to the definition of meat. Currently, the
prescription of animals for the definition of live-stock automatically results
in the prescription of those animals for the definition of edible offal. This
amendment links the definition of edible offal to the definition of meat so that
any animals prescribed for the purposes of the definition of meat will
automatically be prescribed for the purposes of the definition of edible
offal.
Item 2.
111. This item omits the words
“prescribed animals” from the definition of “live-stock”
in section 3 of the AMLI Act and substitutes the words “animals prescribed
for the purposes of this definition”.
112. The purpose of this
amendment is to ensure that additional species of live-stock can be prescribed
without affecting the definitions of meat or edible offal. Following the Keniry
Report into Live-stock Exports, the automatic linkage between the definition of
live-stock and the definitions of meat and edible offal is no longer
appropriate. In particular, the need to prescribe additional species of
“live-stock” for animal welfare reasons does not automatically
justify the regulation of the meat or edible offal of these
species.
Item 3.
113. This item omits the word
“live-stock” from the definition of “meat” in
section 3 of the AMLI Act and substitutes the words “cattle, calves,
sheep, lambs, goats or other animals prescribed for the purposes of this
definition”.
114. The purpose of this amendment is to remove the
automatic linkage between the definition of meat and the definition of
live-stock. This amendment inserts the actual species of live-stock from which
meat, for the purposes of the definition of meat, is derived so that any animals
prescribed for the purposes of the definition of live-stock will not affect the
definition of meat.
Item 4.
115. This item is a
transitional provision explaining that any licences, orders or other instruments
applied to the meat, meat product, meat by-product or edible offal of an animal
that is at the time a prescribed animal for the purposes of the definition of
live-stock ceases to apply after the commencement of items 1 and 3 of this
Schedule. The provision confirms, however, that the application of the licence
to any other meat, meat product, meat by-product or edible offal is not affected
by the amendments made by items 1 and 3.
116. The purpose of this
provision is to put it beyond doubt that licences, orders or other instruments
applying to the meat, meat product, meat by-product or edible offal of an animal
that is at the time a prescribed animal will become ineffective on the
commencement of items 1 and 3 but will not effect the meat, meat product, meat
by-product or edible offal of animals that are not at the time prescribed
animals, such as cattle, calves, sheep, lambs and goats.
117. This
provision also makes it clear that the amendment made by item 2 (that is, the
amendment to the definition of live-stock) does not affect the validity of any
regulation made before item 2 commences.
SCHEDULE 3 – TECHNICAL
AMENDMENTS
Part 1 – Agriculture, Fisheries and Forestry
Legislation Amendment Act (No. 1) 2003
118. Items 1 to 6 make minor
technical amendments to the Agriculture, Fisheries and Forestry Legislation
Amendment Act (No. 1) 2003. These amendments are necessary because the
Agriculture, Fisheries and Forestry Legislation Amendment Act (No. 2) 2003
passed Parliament as the Agriculture, Fisheries and Forestry Legislation
Amendment Act (No. 1) 2004.
119. This item substitutes “Agriculture, Fisheries and Forestry
Legislation Amendment Act (No. 1) 2004” for “Agriculture,
Fisheries and Forestry Legislation Amendment Act (No. 2) 2003” in
table item 4, column 2 of subsection 2(1).
Item
2.
120. This item substitutes “Agriculture, Fisheries and
Forestry Legislation Amendment Act (No. 1) 2004” for
“Agriculture, Fisheries and Forestry Legislation Amendment Act (No. 2)
2003” in table item 6, column 2 of subsection 2(1).
Item
3.
121. This item substitutes “Agriculture, Fisheries and
Forestry Legislation Amendment Act (No. 1) 2004” for
“Agriculture, Fisheries and Forestry Legislation Amendment Act (No. 2)
2003” in table item 8, column 2 of subsection 2(1).
Item
4.
122. This item substitutes “Agriculture, Fisheries and
Forestry Legislation Amendment Act (No. 1) 2004” for
“Agriculture, Fisheries and Forestry Legislation Amendment Act (No. 2)
2003” in subsection 2(3).
Item 5.
123. This item
substitutes “Agriculture, Fisheries and Forestry Legislation Amendment
Act (No. 1) 2004” for “Agriculture, Fisheries and Forestry
Legislation Amendment Act (No. 2) 2003” in Schedule 5 (note to
Schedule heading).
Item 6.
124. This item repeals the
heading for Schedule 5 (before item 1) and substitutes “Agriculture,
Fisheries and Forestry Legislation Amendment Act (No. 1)
2004”.
Part 2 – Agriculture, Fisheries and Forestry
Legislation Amendment Act (No. 1) 2004
Item 7.