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1997
THE PARLIAMENT OF THE COMMONWEALTH OF
AUSTRALIA
HOUSE OF
REPRESENTATIVES
PRIMARY INDUSTRIES AND ENERGY
LEGISLATION
AMENDMENT BILL (No 2) 1997
EXPLANATORY
MEMORANDUM
(Circulated
by authority of the Minister for Primary Industries and Energy,
the Hon John
Anderson, MP)
80944 Cat. No. 96 7385 7 ISBN 0644 49893 5
PRIMARY
INDUSTRIES AND ENERGY LEGISLATION AMENDMENT
BILL (NO. 2) 1997
GENERAL
OUTLINE
1. The purpose of this Bill is to introduce amendments to the
Australian Horticultural Corporation Act 1987, the Export Control
Act
1982, the Farm Household Support Act 1992, the Imported Food
Control Act
1992, the Moomba-Sydney Pipeline System Sale Act
1994, the Petroleum
(Submerged Lands) Act 1967, the Quarantine
Act 1908, the Sea Installations
Act 1987 and the Social Security Act
1991.
2. The Australian
Horticultural Corporation Act 1987 (AHC Act)
specifies that the Australian
Horticultural Corporation consists of a
Chairperson, a government member, a
Managing Director and six
other members. The purpose of the amendments to
the AHC Act is
to reduce the number of Òother membersÓ on the
Australian
Horticultural Corporation from six to four. The number of
members required for a quorum will be reduced from five to
four.
3. Section 23 of the Export Control Act 1982 permits the making of
regulations by the Governor-General which provide for the issue by
the
Secretary of particular types of certificates in relation to goods to
be
exported from Australia. Section 24A of the Export Control Act
1982
provides that regulations may be made which prescribe
specifications for the
transmission of information and documents to
the Secretary and from the
Secretary to a person who has given
notice of intention to export goods, by
means of a process that
includes the use of data processing devices.
Section 24B of the
Export Control Act 1982 provides that a print-out of
information or
a document from a data processing device is prima facie
evidence of
the transmission of that information or document.
4. The
amendments to sections 23, 24A and 24B of the Export Control
Act 1982 are to
allow the Australian Quarantine and Inspection
Service (AQIS) to confirm
that AustraliaÕs export control legislation
provides appropriate
coverage to contemporary administrative
arrangements for the issue of
certificates and for the use of electronic
data transfer.
5. The
amendments to the Farm Household Support Act 1992 (the
FHS Act) and the
Social Security Act 1991 (the Social Security Act)
provide a range of
mechanisms by which drought relief payment
(DRP) overpayments may be
recovered.
6. The FHS Act provides for overpayments of DRP to be
recovered as a
debt due to the Commonwealth, but it does not specify the
means by
which these debts may be recovered. This amendment will provide
mechanisms by which DRP debts can be recovered, thereby
maintaining
equity with social security payments such as Newstart
Allowance.
7. The amendment to the Imported Food Control Act 1992
provides
power to make exemptions from all the provisions of the Act for
certain New Zealand food and that regulations specify the Òfood of a
kindÓ to which exemption applies.
8. The ability to exempt
specific food from the provisions of the
Imported Food Control Act will
allow Australia to meet its
obligations in respect of the Trans Tasman
Mutual Recognition
Agreement where food standards and food safety issues are
considered equivalent.
9. The exemption provided under the Imported
Food Control Act does
not affect AustraliaÕs quarantine
requirements.
10. The purpose of these amendments to the Moomba-Sydney
Pipeline
System Act 1994 is to provide a mechanism to deal with outstanding
pipeline easement issues related to the sale of the Moomba-Sydney
Pipeline (MSP) in 1994 and to allow the Commonwealth to dispose
of its
residual pipeline easement interests should it so wish.
11. At the time
of the sale of the MSP to East Australian Pipeline Ltd
(EAPL) in June 1994,
the Commonwealth undertook to rectify any
deficiencies in respect to the
pipeline easement corridor notified to it
within two years of the sale date.
EAPL have advised the
Commonwealth of a number of easement requirements
falling into
this category. Shortly after the sale, an easement description
error
was also discovered in respect of one of the easements that was
being transferred from the ownership of the Pipeline Authority to
that
of EAPL and the Commonwealth jointly.
12. These amendments will allow an
interest in both the misdescribed
easement and the additional easements
being created by the
Commonwealth to be held jointly with EAPL in a manner
consistent with the existing easements They will also provide for
any
future easement description or transfer matters to be dealt with
without
recourse to further legislation.
13. As the Commonwealth has withdrawn
from any direct
involvement in gas transportation, there are now no policy
reasons
for it to continue to retain an ownership interest in the MSP
easements indefinitely. Accordingly, these amendments also
provide a
mechanism for the future disposal of the
CommonwealthÕs easements
which it owns jointly with EAPL.
14. The amendments proposed to the
Quarantine Act 1908 are intended
to clarify and confirm the legislative
authority for quarantine policy
shifts that reflect areas of heightened
quarantine interest, eg the
discharge of ballast water from vessels, and for
changes in modern
quarantine operational practices.
15. Following a
review of the Quarantine Proclamations and the
Quarantine Regulations, some
amendments are proposed to the
proclamation and regulation making powers.
The objective is to
ensure that the enabling legislation properly supports
consolidated
sets of Quarantine Proclamations and Regulations, which in turn
will enable the administration of quarantine operations to be
applied in
a manner consistent with the scope of the Quarantine
Act. It is proposed to
submit the revised Proclamations and
Regulations to the Executive Council
after these proposals have
been considered by Parliament.
16. The
amendments to the Petroleum (Submerged Lands) Act 1967
(the P(SL) Act) are
to
. to bring the licensing of offshore petroleum pipelines
originating
from outside Australia within the scope of the
P(SL) Act; and
. to ensure
that changes to the territorial sea baseline do not
impact on any petroleum
pipeline licence granted within
offshore areas under Commonwealth
jurisdiction.
17. The effect of the amendments to the Sea Installations Act
1987 is to
exempt all Commonwealth offshore petroleum pipelines from the
provisions of that Act.
FINANCIAL IMPACT STATEMENT
18. The
amendments to the Social Security Act 1991 will result in
savings to the
Commonwealth as the Department of Social Security
will now be able to
recover overpayments of DRP, using the
mechanisms specified in the Social
Security Act.
19. These amendment to the Moomba-Sydney Pipeline System
Sale Act
1994 do not impact on the costs of correcting the easement
misdescription and creating several new easements which the
Commonwealth
is contractually obligated to do. The amendments
providing for the
Commonwealth to transfer its jointly owned
easements to another party may
result in some financial proceeds
being received in the event that any such
transfer occurs.
NOTES ON CLAUSES
Clause 1 - Short
title
20. This clause provides for the Act to be called the Primary
Industries
and Energy Legislation Amendment Act (No. 2) 1997.
Clause
2 - Commencement
21. This clause provides for the Act to come into effect
on the day it
receives Royal Assent expect for the
following.
22. Schedule 1 commences on 1 August
1997.
23. Schedules 3 and 9 commence on 1 October 1997 which is the date
on
which the Social Security Legislation Amendment (Budget and
other
Measures) Act 1996 (Social Security Legislation Amendment
Act) commences.
This date was selected for commencement as
some of the items in these
schedules amend sections which are to be
inserted or amended by the Social
Security Legislation Amendment
Act.
24. Schedules 4, 6, 7 & 8
commence on a day to be fixed by Proclamation.
If these schedules do not
commence within 6 months of Royal
Assent they commence on the first day
after the end of that period.
Clause 3 - Schedule(s)
25. This
clause provides, subject to clause 2, that the Acts referred to in
the
Schedules are amended as set out in the Schedules and the other
items in the
Schedules have effect according to their terms.
SCHEDULE
1
AMENDMENT OF THE AUSTRALIAN HORTICULTURAL
CORPORATION ACT
1987
Item 1: Paragraph 13(1)(d)
26. This item reduces the number
of Òother membersÓ on the Australian
Horticultural Corporation
from six to four
Item 2: Paragraph 26(5)(a)
27. This item reduces
the number of members required for a quorum
from five to
four.
SCHEDULE 2
AMENDMENT OF THE EXPORT CONTROL ACT
1982
Item 1: Subsection 23(1)
28. This item will amend subsection
23(1) of the Act to allow for the
making of regulations which provide for
the issuing of certificates
by authorised officers and persons approved in
writing by the
Secretary, as well as by the Secretary.
Item 2:
Paragraph 23(2)(b)
29. This item will amend paragraph 23(2)(b) to reflect
the amendment
to subsection 23(1).
Item 3: Validation of orders and
certificates
30. By virtue of paragraph 25(2)(g) of the Act, the
regulations empower
the Minister to make orders, not inconsistent with the
regulations,
with respect to any matter for or in relation to which
provision may
be made by the regulations. This item is a savings provision
that
will ensure Ministerial orders made under the Act about the issuing
of certificates by authorised officers and authorised signatories
continue to be effective. The item also validates any certificates
issued under such orders prior to these amendments.
Item 4:
Subsection 24A(1)
31. This item will amend subsection 24A(1) to extend
the regulation-
making power in relation to specifications addressing the
transmission of information and documents via data processing
devices to
cover transmissions between people other than the
Secretary and the person
intending to export the goods. The
amendment will also insert a further
subsection (24A(1A)) to enable
the specifications to prescribe
authentication procedures for the
transmission of electronic information and
documents.
Item 5: Subsections 24A(3) and (4)
32. This item will
amend subsections 24A(3) and (4) to reflect the
amendment to subsection
24A(1).
Item 6: Paragraph 24B(2)(a)
33. This item will amend
subsection 24B(2)(a) to reflect the amendment
to subsection
24A(1).
Item 7: At the end of subsection 24B(2)
34. This item
will amend subsection 24(B)(2) to reflect the fact that not
all information
and documents transmitted electronically for the
export of prescribed goods
from Australia may include the name of
the person they are being transmitted
to.
Item 8: Subsection 24B(3)
35. This item will amend subsection
24B(3) to reflect the reality that
most electronic transmissions sent to
AQIS for the export of
prescribed goods are not transmitted to the office of
the Secretary,
but to AQIS regional offices.
SCHEDULE
3
AMENDMENT OF THE FARM HOUSEHOLD SUPPORT ACT 1992
Item 1: At the
end of section 29A
36. This item inserts a note which explains that an
instalment of
drought relief payment (DRP) may be reduced to recover a debt
resulting from the overpayment of the DRP.
Item 2: At the end of
section 56
37. This item inserts a note which outlines the provisions of
the Social
Security Act 1991 through which debts under this section may be
recovered.
SCHEDULE 4
AMENDMENT OF THE IMPORTED
FOOD CONTROL ACT 1992
Item 1: Before paragraph 7(1)(a)
38. This
item amends section 7 by excluding food imported from New
Zealand, specified
in regulations made by the Governor-General
under section 7, from the
application of the Act.
SCHEDULE 5
AMENDMENT OF THE
MOOMBA-SYDNEY PIPELINE SYSTEM SALE ACT 1994
Item 1: After Part
8
Part 8A - Transfer of easements by the Commonwealth
173A
Interpretation
39. This item defines an easement in sufficiently broad
terms to cover
the existing misdescribed easement, the new easements which
are
required but are yet to be created and those easements which are
currently jointly owned by the Commonwealth.
173B Transfer of MSP
easements
40. This item provides the actual statutory mechanism by which
ownership of easements pertaining to the Moomba-Sydney Pipeline
(MSP) is
transferred from the Commonwealth to the nominated
party or parties. The
references in the item to full and half transfer
and one or two transferees
are included in order to cover both those
actions required for the
Commonwealth to meet its contractual
obligations in respect of MSP easement
deficiencies and to facilitate
any future transfer of the
CommonwealthÕs existing easement
interests.
41. This item also
makes it clear that the Commonwealth may lawfully
receive payment for
transferring the ownership of its residual
easement interests but is not
intended to apply in respect of those
transfers where the Commonwealth has
an obligation to correct
deficiencies or errors at its own cost.
173C
Instruments relating to transferred easements
42. This item provides for
any relevant supporting documents which
may be required to aid in the
identification of particular easements
to be included in the process of
gazettal.
173D Certificates in relation to interests in
land
43. This item establishes a process whereby a transfereeÕs
interest in
easements transferred to it by the Commonwealth can be noted and
recorded by land registration officials in relevant State titles offices.
The purpose of this Section is to indicate that the Commonwealth's
intention is that the transferee has a registerable interest in those
easements it receives from the Commonwealth.
44. However, this item
does not purport to effect the registerability of a
transfereeÕs
interests in easements as this is a matter ultimately for
decision by
relevant State authorities. Rather, it is intended to
facilitate to the
degree possible the likelihood of such registration by
land title
officials.
173E Part to have effect in spite of laws prohibiting
transfers
45. This item is included to ensure that the process of
easement transfer
provided for in this Part is not unintentionally thwarted
by the
operation of some other legislative provisions. It is the same
provision as was used to support the transfer in 1996 of some
easements
from the Pipeline Authority to ICI in respect of the
Moomba-Botany ethane
pipeline.
46. The type of contingency this item provides for is where an
easement
or other interest in land might be secured in the first instance by
force of a statute under which any subsequent divestiture would see
the
easement lapse or revert to a former owner.
47. This item also ensures
that any consent that would otherwise be
required to be obtained to give
effect to this transfer can be taken to
have been obtained. This provision
is included as the transfer in
ownership of easements covered by this Part
does not have any
impact on the intended purpose or method of use of the
land subject
to those easements.
173F Exemption from certain State
and Territory stamp duties
48. This item provides for the same exemptions
as applied to the
original easement transfers provided for by the
Moomba-Sydney
Pipeline System Sale Act 1994. Inclusion of the exemption is
appropriate as any transfer of easements would not alter the way in
which they can be used and it is not intended to permit the
transferee
to use them to generate income from third parties.
SCHEDULE
6
AMENDMENT OF THE PETROLEUM (SUBMERGED LANDS) ACT 1967
Item 1:
Title
49. This item amends the title of the legislation to extend the
coverage
of the Act to include the conveyance of petroleum recovered from
outside of Australia and its Territories.
Item 2: Subsection 5(1)
(definition of petroleum)
50. This item amends the definition of
ÔpetroleumÕ contained in ss5(1)
of the Petroleum (Submerged
Lands) Act 1967 to extend to
petroleum recovered from any location.
Item
3: Subsection 5(1) (definition of pipeline)
51. This item amends the
definition of ÔpipelineÕ contained in ss5(1) of
the Petroleum
(Submerged Lands) Act 1967 to extend to pipelines
conveying petroleum from
outside an adjacent area.
Item 4: Subsection 5(1) (paragraph (d) of the
definition of pipeline)
52. This item amends the definition of pipeline
contained in paragraph
5(1)(d) of the Petroleum (Submerged Lands) Act 1967
to exempt all
pipes that convey petroleum from wells, wherever located, to a
terminal station in an adjacent area without passing through another
terminal station.
Item 5: After section 5A
5AAA Effect of
changes in the baseline of AustraliaÕs territorial sea on pipeline
licences
53. This item inserts a new section (5AAA) into the Petroleum
(Submerged Lands) Act 1967 to ensure that changes in AustraliaÕs
territorial sea baselines do not impact on any petroleum pipeline
licence granted within offshore areas under Commonwealth
jurisdiction.
Item 6: At the end of part 1
8AA Act to apply
subject to international obligations
54. This item inserts a new
section (8AA) into the Petroleum
(Submerged Lands) Act 1967 to ensure that
the Act is consistent with
AustraliaÕs international obligations
under
. the 1982 United Nations Convention on the Law of the Sea
. the
Treaty between Australia and the independent state of
Papua New Guinea
concerning sovereignty and maritime
boundaries in the area between the two
countries, including
the area known as Torres Strait, and related
matters
. the Treaty between Australia and the Republic of Indonesia
on
the Zone of Co-operation in an area between the
Indonesian province of East
Timor and Northern Australia
. the recently signed Maritime Boundary Treaty
between
Australia and Indonesia, once that treaty is ratified.
Item 7:
Subsection 9(4)
Item 8: Paragraph 9(5)(a)
55. These items amend
ss9(4) and paragraph 9(5)(a) of the Petroleum
(Submerged Lands) Act 1967 to
ensure that where State laws apply to
petroleum related matters in the
adjacent areas, they also include
matters relating to the conveyance of
petroleum recovered from
outside an adjacent area.
Item 9: Subsection
11(4)
Item 10: Paragraph 11(5)(a)
56. These items amend ss11(4) and
paragraph 11(5)(a) of the Petroleum
(Submerged Lands) Act 1967 to ensure
that where Australian
Territories laws apply to petroleum related matters in
the adjacent
areas, they also include matters relating to the conveyance of
petroleum recovered from outside an adjacent area.
Item 11: Subsection
64(1)
57. This item amends ss64(1) of the Petroleum (Submerged Lands) Act
1967 to enable a person to apply for a for pipeline licence for the
conveyance of petroleum recovered from outside an adjacent area.
Item 12:
Subsection 64(2)
58. This item clarifies in ss64(2) of the Petroleum
(Submerged Lands)
Act 1967 that the reference to Ôthe licenseeÕ
is the registered holder of
the production licence for that area.
Item
13: Paragraph 64(3)(a)
59. This item clarifies in paragraph 64(3)(a) of
the Petroleum
(Submerged Lands) Act 1967 that the reference to Ôthe
licenseeÕ is the
registered holder of the production licence for that
area.
Item 14: Subsection 64(4)
60. This item clarifies the
person to whom the Designated Authority is
to serve an instrument under
ss64(4) of the Petroleum (Submerged
Lands) Act 1967.
Item 15: Subsection
65(1)
61. This item amends ss65(1) of the Petroleum (Submerged Lands) Act
1967 to enable the Joint Authority to grant, or refuse to grant, an
application for a pipeline licence for petroleum, regardless of
whether
the petroleum is recovered from an adjacent area or not.
Item 16: Subsection
65(2)
62. This item clarifies in ss65(2) of the Petroleum (Submerged
Lands)
Act 1967 that the reference to Ôthe licenseeÕ is the
registered holder of
the production licence for that area.
Item 17:
Subsection 65(2)
63. This item clarifies the reference to a production
licence in ss65(2) of
the Petroleum (Submerged Lands) Act 1967.
Item 18:
After subsection 65(2)
64. This item inserts a new subsection (ss65(2A))
into the Petroleum
(Submerged Lands) Act 1967 to enable the Joint Authority
to grant a
pipeline licence for the conveyance of petroleum recovered from
outside the outer limits of any adjacent area.
Item 19: Subsection
65(3)
65. This item clarifies in ss65(3) of the Petroleum (Submerged
Lands)
Act 1967 that the reference to Ôthe licenseeÕ is the
registered holder of
the production licence for that area.
Item 20:
Paragraph 65(3)(a)
66. This item clarifies the reference to the
production licence in
paragraph 65(3)(a) of the Petroleum (Submerged Lands)
Act 1967.
Item 21: Subsection 65(4)
67. This item clarifies in
ss64(2) of the Petroleum (Submerged Lands)
Act 1967 that the reference to
Ôthe licenseeÕ is the registered holder of
the production
licence for that area, to ensure that the Joint
Authority shall not refuse
to grant a pipeline licence to the
registered holder of a production licence
unless the Joint Authority
has met the conditions specified in this
subsection.
Item 22: Subsection 65(5)
Item 23: Subsection
65(5)
68. These items clarify ss65(5) of the Petroleum (Submerged Lands)
Act
1967 by specifying that the Joint Authority can refuse to grant a
pipeline licence for petroleum recovered from a production licence
area
where the applicant is not the registered holder of that
production
licence.
Item 24: Subsections 65(7), (8), (9), (10) and (11)
69. This
item inserts a reference to the new ss65(2A) in ss 65(7), (8), (9),
(10) and
(11) of the Petroleum (Submerged Lands) Act 1967.
Item 25: Paragraph
67(1)(b)
70. This item amends ss67(1)(b) of the Petroleum (Submerged
Lands)
Act 1967 to ensure that the Joint AuthorityÕs power to
determine
that a pipeline licence may be issued for less than 21 years only
applies to pipelines related to a production licence for petroleum
recovered in an adjacent area.
SCHEDULE 7
AMENDMENT OF THE
QUARANTINE ACT 1908
Item 1: Section 4
71. The addition of the
word ÒestablishmentÓ in section 4 ensures that
the scope of
the Quarantine Act reflects fully the matters of
quarantine interest, ie
introduction, establishment and spread of
disease or pests affecting human
beings, animals or plants.
Item 2: Subsection 5(1) (definition of
goods)
72. The addition, in subsection 5(1), of the direct reference to
ÒmailÓ in
the definition of ÒgoodsÓ confirms
that the quarantine regime
applies to these items of increasingly
significant quarantine interest.
Item 3: Paragraph
13(1)(e)
73. It is seen as necessary to augment the term
ÒspreadÓ in paragraph
13(1)(e) with the words
ÒintroductionÓ and ÒestablishmentÓ to
reflect
the scope of the Act, as detailed in section 4, and application
to the
Proclamation making powers.
Item 4: Subsection
13(2A)
74. This item will amend subsection 13 (2A) to clarify that the
authority
of the permit system to impose conditions on the importation of
goods otherwise prohibited may extend to the subsequent
movement of
those goods to another part of Australia. This is
intended to strengthen
the controls to over spread of exotic disease
or pests across
Australia.
Item 5: Saving Provision
75. This is a savings
provision to ensure that Proclamations made
under the provisions to be
repealed will continue to have operative
effect after the commencement of
the new provision.
Item 6: Subsection 13(2B)
76. This item will
amend the wording of sub-section 13(2B) to clarify
that permits issued by
the Director of Quarantine pursuant to a
Quarantine Proclamation may contain
conditions to be applied to
the subsequent movement of imported goods from
one area of
Australia to another to protect the disease free status of a
particular
region.
Item 7: After subsection 13(2B)
77. This
item proposes to insert a new provision to clarify that where
the Director
has issued a permit to allow the controlled entry of an
otherwise prohibited
importation, the Director of Quarantine may
revoke that permit in
circumstances where the quarantine risk has
changed, or where there has been
a breach of the permit conditions
by the importer.
Item 8:
Subsection 13(3)
78. This item will amend the wording of sub-section
13(3) to adopt
wording consistent with the that used to describe the scope
of
quarantine in section 4 of the Quarantine Act 1908 (see Item 1
above).
Item 9: Section 16
79. This item will repeal section
16 of the Quarantine Act 1908. See
comments on Item 12.
Item 10:
Subsection 29(2)
80. This item will remove the specific reference to
Òmails and loose
lettersÓ in sub-section 29(2) of the
Quarantine Act 1908. These
elements are to be covered by the amendment to
the definition of
ÒgoodsÓ proposed under Item 2
above.
Item 11: After section 63
63A Provision of sustenance for
animals in quarantine
81. This item will insert a new provision in the
Quarantine Act to
clarify the availability of the option for an importer to
provide
sustenance for animals in a quarantine station rather than AQIS
being responsible for feeding the animals and recouping such
expenses
under section 86E of the Quarantine Act. There is also a
consequential
amendment of section 86E at Item 13. This is a
practical issue for certain
high performance livestock eg racehorses.
Item 12: Section
78A
78A Cleansing etc. of vessels
82. This item will repeal the
existing sections 78A of the Quarantine Act
1908 and replace that provision
and section 16 (see Item 9) with a
consistently worded provision dealing
with cleansing and sanitary
requirements on all vessels in Australian
waters. The proposed
amendment will also provide specific powers for the
strict control of
the discharge of ballast water from vessels in Australian
waters.
Item 13: After subsection 86E(2AA)
83. This item will
insert a new provision as a consequential
amendment to the optional
arrangements to be allowed under Item
11 whereby importers may provide
sustenance for their livestock
while in quarantine.
Item 14: After
86E
86F Compensation for acquisition of property
84. This item
provides for compensation where an action taken under
the Act (eg taking of
samples for examination and testing) could
constitute an acquisition of
property as defined under the
Constitution.
Item 15: Subsection
87(1)
85. This item proposes the insertion of words to clarify that the
list of
specific regulation amending powers included in section 87 of the
Quarantine Act 1908 does not unduly limit, as a matter of statutory
interpretation, the power to include in regulations matters that are
necessary and convenient to be prescribed for the purposes of
administering the Quarantine Act. The following items deal with
amendments proposed to the more specific regulation making
powers.
Item 16: Paragraph 87(1)(b)(c) and (d)
86. This item
will amend paragraphs 87(1)(b), 87(1)(c) and 87(1)(d) to
apply consistent
wording across the provisions and to ensure that
regulations made pursuant
to these powers will be applicable to
places approved for the performance of
quarantine by goods (see
section 46A of the Quarantine Act) as well as to
quarantine stations
or quarantine areas where human, animal and plant
quarantine
procedures are carried out.
Item 17: Paragraph
87(1)(j)
87. This item will amend paragraph 87(1)(j) to adopt wording
consistent
with that used to describe the scope of quarantine in section 4
of the
Quarantine Act 1908 (see Items 1 and 8 above).
Item 18:
Paragraph 87(1)(k)
88. This item will amend paragraph 87(1)(k) to clarify
that this may also
regulate the discharge of such things as straw used for
bedding of
animals, dunnage, and packing for plant materials.
Item
19: Paragraph 87(1)(la)
89. This item will amend paragraph 87(1)(la) to
clarify that measures
may be prescribed for the examination of all goods
brought into an
Australian port but not intended to be imported (in the
common
usage sense of this word) eg ballast water on vessels.
Item
20: Paragraph 87(1)(lb)
90. This item will amend paragraph 87(1)(lb) to
clarify a potential
ambiguity in the present wording and to change the
reference from
ÒChief Quarantine OfficerÓ to ÒDirector
of QuarantineÓ to reflect
current administration arrangements for
AQIS quarantine
operations. The term ÒChief Quarantine
OfficerÓ was relevant
when State authorities were responsible for
quarantine
administration.
Item 21: Paragraph
87(1)(ra)
91. This item will insert new provisions into section 87(1) of
the
Quarantine Act 1908 to more fully cover all aspects of
communication
between Australian quarantine authorities and
persons who may be affected by
quarantine decisions.
Item 22: Paragraph 87(1)(s)
92. This item
will amend the penalty ceiling in paragraph 87(1)(s) for
offence provisions
in the Regulations from the current level of
$2,000 to $5,000 (50 penalty
units). In individual cases of conviction
the actual penalty is a matter of
discretion for the presiding
magistrate to judge.
Item 23: Paragraph
87(1)(u)
93. This item will amend paragraph 87(1)(u) to recognise that
modern
forms of communication (eg facsimiles and electronic data transfer)
may be utilised for communication between vessels and quarantine
authorities.
Item 24: Saving of Regulations
94. This is a
savings provision to ensure that Regulations made under
the provisions to be
repealed, or repealed and substituted, will
continue to have operative
effect after the commencement of the
new provision.
SCHEDULE
8
AMENDMENT OF THE SEA INSTALLATIONS ACT 1987
Item 1: Subsection
4(1) (after paragraph (q) of the definition of sea installation)
95. This
item inserts a new paragraph (4(1)(qa)) into the Sea
Installations Act 1987
to exempt from the operation of this Act all
offshore petroleum pipelines
requiring a licence under the
Petroleum (Submerged Lands) Act 1967. This
ensures that all
Commonwealth offshore petroleum pipelines are covered by
the
same legislation and prevents overlapping
jurisdictions.
SCHEDULE 9
AMENDMENT OF THE SOCIAL SECURITY ACT
1991
Item 1: After section 1227
1227A Debts arising under the
Farm Household Support Act 1992 in
respect of drought relief
payment
96. Item 1 inserts section 1227A into the Social Security Act.
Subsection
1227A(1) provides that a debt recoverable under section 56 of the
Farm Household Support (FHS) Act in respect of drought relief
payment
(DRP) is a debt that is due to, and recoverable by, the
Commonwealth under
the Social Security Act.
97. Subsection 1227A(2) details the methods by
which such a debt may
be recovered. These are:
. deductions from the
personÕs drought relief payment;
. deductions from the personÕs
social security payment;
. deductions from another personÕs social
security payment
where section 1234A applies to that other
person;
. legal proceedings; or
. garnishee notices.
98. These
recovery mechanisms are not mutually exclusive and a debt
may be recovered
through more than one mechanism.
99. Notes 1 to 3 of section 1227A
specify the sections of the Social
Security Act that detail the recovery
procedures in respect of
deductions, legal proceedings and garnishee
notices.
100. Note 4 of section 1227A explains that the debt will
increase if it is
not paid within three months of the debtor being notified
of the
amount of the debt.
Item 2: Section 1230B
101. Item 2
inserts reference to section 1227A into a new section (1230B)
which is to be
inserted by the Social Security Legislation
Amendment Act to ensure section
1227A has overseas application.
Item 3: Section 1231AA
102. Item
3 amends section 1231AA to insert a reference to a new section
1231A to
provide for the recovery of the debt by deduction.
Item 4: Paragraph
1231AA(a)
103. Item 4 amends paragraph 1231AA(a) to insert a reference to
a new
section 1231A to provide for the recovery of the debt by deduction,
from the person who incurred the debt.
Item 5: After paragraph
1231(1)(a)
104. Item 5 amends subsection 1231(1) to insert a paragraph
1231(1)(aa)
after paragraph 1231(1)(a). This amendment will ensure
deductions
from social security payments which are due to the overpayment of
DRP are deducted according to the method set down in subsection
1231(1).
Item 6: After section 1231
1231A Deductions
from debtorÕs drought relief payment
105. Item 6 inserts section
1231A into the Social Security Act. Subsection
1231A(1) details the method
to be followed in the recovery of a debt
by deduction from the
debtorÕs DRP.
106. Subsection 1231A(2) provides that the Secretary
is to determine the
amount by which each instalment of the personÕs
DRP is to be
reduced.
107. Subsection 1231A(3) specifies the
circumstances under which a debt
need not be recovered in accordance with
section 1231A.
108. Subsection 1231A(4) limits the period in which a
claim for the
recovery of a debt must be commenced to within six years from
the
day on which the debt arose.
Item 7: Subsection
1233(1)
109. Item 7 amends subsection 1233(1) by inserting a reference to
a new
section 1227A to provide the Commonwealth with the power to
issue
a garnishee notice in respect of debts accruing as a result of the
overpayment of DRP.
Item 8: Application
110. Item 8 clarifies
that the amendments in this schedule apply to any debt
recoverable under
section 56 of the FHS Act in relation to DRP,
regardless of whether the debt
arose before or after the commencement
of these amendments.