2004-2005-2006

The Parliament of the
Commonwealth of Australia

HOUSE OF REPRESENTATIVES



Presented and read a first time




Agriculture, Fisheries and Forestry
Legislation Amendment (Export Control
and Quarantine) Bill 2006
No.           , 2006
(Agriculture, Fisheries and Forestry)




A Bill for an Act to amend the law relating to
agriculture, fisheries and forestry, and for related
purposes


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                  1        Short title ........................................................................................... 1
                  2        Commencement ................................................................................. 1
                  3        Schedule(s) ........................................................................................ 2

Schedule 1--Export control amendments                                                                                             3
           Export Control Act 1982                                                                                                3

Schedule 2--Amendment of the Quarantine Act 1908                                                                                  9




i   Agriculture, Fisheries and Forestry Legislation Amendment (Export Control and
Quarantine) Bill 2006    No.    , 2006


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 1

     agriculture, fisheries and forestry, and for related
 2

     purposes
 3


     The Parliament of Australia enacts:
 4


     1 Short title
 5

                    This Act may be cited as the Agriculture, Fisheries and Forestry
 6
                    Legislation Amendment (Export Control and Quarantine) Act
 7
                    2006.
 8


     2 Commencement
 9

               (1) Each provision of this Act specified in column 1 of the table
10
                   commences, or is taken to have commenced, in accordance with
11
                   column 2 of the table. Any other statement in column 2 has effect
12
                   according to its terms.
13



     Agriculture, Fisheries and Forestry Legislation Amendment (Export Control and Quarantine) Bill
                                                                       2006     No.   , 2006     1


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      Commencement information
      Column 1               Column 2                                            Column 3
      Provision(s)           Commencement                                        Date/Details
      1. Sections 1 to 3     The day on which this Act receives the
      and anything in        Royal Assent.
      this Act not
      elsewhere covered
      by this table
      2. Schedule 1          The 28th day after the day on which this Act
                             receives the Royal Assent.
      3. Schedule 2          The day after this Act receives the Royal
                             Assent.
                     Note:     This table relates only to the provisions of this Act as originally
 2
                               passed by the Parliament and assented to. It will not be expanded to
 3
                               deal with provisions inserted in this Act after assent.
 4

              (2) Column 3 of the table contains additional information that is not
 5
                  part of this Act. Information in this column may be added to or
 6
                  edited in any published version of this Act.
 7


     3 Schedule(s)
 8

                     Each Act that is specified in a Schedule to this Act is amended or
 9
                     repealed as set out in the applicable items in the Schedule
10
                     concerned, and any other item in a Schedule to this Act has effect
11
                     according to its terms.
12




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     Quarantine) Bill 2006    No.    , 2006


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 1

     Schedule 1--Export control amendments
 2
 3


     Export Control Act 1982
 4


     1 Section 3
 5

              Insert:
 6

                    fish means aquatic vertebrates and aquatic invertebrates but
 7
                    excludes mammals and birds.
 8


     2 Section 3 (paragraph (b) of the definition of premises)
 9

              After "or not", insert "and whether on land, or in or on water, or not".
10


     3 Section 3 (after paragraph (a) of the definition of
11
          preparation)
12

              Insert:
13
                    (aa) the capturing or taking of fish (whether from the wild or from
14
                         stocks maintained using aquaculture) that are prescribed
15
                         goods or from which prescribed goods are obtained;
16


     4 Section 3
17

              Insert:
18

                    registered establishment means an establishment that is registered
19
                    under the regulations.
20

                    Note:      As the term establishment includes premises, what is registered under
21
                               the regulations may be premises.
22


     5 Section 3 (definition of registered premises)
23

              Repeal the definition.
24


     6 After section 8
25

              Insert:
26


     8A Preparation of prescribed goods for export--offence
27


                    Export to any place
28

               (1) A person commits an offence if:
29



     Agriculture, Fisheries and Forestry Legislation Amendment (Export Control and Quarantine) Bill
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                     (a) the person, either alone or in conjunction with another
 1
                          person, is the occupier of an establishment; and
 2
                     (b) goods are prepared at the establishment; and
 3
                     (c) the goods are prescribed goods; and
 4
                     (d) the goods are exported after preparation (with or without
 5
                          further preparation); and
 6
                     (e) regulations made for the purposes of subsection 7(1) prohibit
 7
                          the export of the goods unless specified conditions or
 8
                          restrictions are complied with; and
 9
                      (f) one of those conditions or restrictions applies in relation to
10
                          the occupier, the establishment or the preparation of the
11
                          goods at the establishment; and
12
                     (g) the condition or restriction is not complied with.
13

                   Penalty: Imprisonment for 5 years.
14


                   Export to a particular place
15

              (2) A person commits an offence if:
16
                   (a) the person, either alone or in conjunction with another
17
                        person, is the occupier of an establishment; and
18
                   (b) goods are prepared at the establishment; and
19
                   (c) the goods are prescribed goods; and
20
                   (d) the goods are exported to a particular place after preparation
21
                        (with or without further preparation); and
22
                   (e) regulations made for the purposes of subsection 7(1) prohibit
23
                        the export of the goods to that place unless specified
24
                        conditions or restrictions are complied with; and
25
                    (f) one of those conditions or restrictions applies in relation to
26
                        the occupier, the establishment or the preparation of the
27
                        goods at the establishment; and
28
                   (g) the condition or restriction is not complied with.
29

                   Penalty: Imprisonment for 5 years.
30

                   Note:      See section 9.4 of the Criminal Code in relation to paragraphs (1)(c),
31
                              (e) and (f) and (2)(c), (e) and (f).
32

              (3) In this section:
33

                   occupier means:
34




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                     (a) in relation to a registered establishment--an individual,
 1
                         corporation or other legal entity (or any combination of
 2
                         these) in whose name the registered establishment is
 3
                         registered; and
 4
                     (b) in relation to an unregistered establishment--the individual,
 5
                         corporation or other legal entity (or any combination of
 6
                         these) who:
 7
                           (i) is the operator of a business preparing prescribed goods
 8
                               at the establishment; or
 9
                          (ii) if that person cannot be ascertained--is the person in
10
                               charge of the operations for the preparation of
11
                               prescribed goods at the establishment.
12


     8B Preparation of prescribed goods for export--strict liability
13
              offence
14


                    Export to any place
15

               (1) A person commits an offence if:
16
                    (a) the person, either alone or in conjunction with another
17
                         person, is the occupier of an establishment; and
18
                    (b) goods are prepared at the establishment; and
19
                    (c) the goods are prescribed goods; and
20
                    (d) the goods are exported after preparation (with or without
21
                         further preparation); and
22
                    (e) regulations made for the purposes of subsection 7(1) prohibit
23
                         the export of the goods unless specified conditions or
24
                         restrictions are complied with; and
25
                     (f) one of those conditions or restrictions applies in relation to
26
                         the occupier, the establishment or the preparation of the
27
                         goods at the establishment; and
28
                    (g) the condition or restriction is not complied with.
29

                    Penalty: 60 penalty units.
30


                    Export to a particular place
31

               (2) A person commits an offence if:
32
                    (a) the person, either alone or in conjunction with another
33
                        person, is the occupier of an establishment; and
34
                    (b) goods are prepared at the establishment; and
35


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                     (c) the goods are prescribed goods; and
 1
                     (d) the goods are exported to a particular place after preparation
 2
                          (with or without further preparation); and
 3
                     (e) regulations made for the purposes of subsection 7(1) prohibit
 4
                          the export of the goods to that place unless specified
 5
                          conditions or restrictions are complied with; and
 6
                      (f) one of those conditions or restrictions applies in relation to
 7
                          the occupier, the establishment or the preparation of the
 8
                          goods at the establishment; and
 9
                     (g) the condition or restriction is not complied with.
10

                   Penalty: 60 penalty units.
11

                   Note:      See section 9.4 of the Criminal Code in relation to paragraphs (1)(c),
12
                              (e) and (f) and (2)(c), (e) and (f).
13

              (3) Strict liability applies:
14
                    (a) in paragraphs (1)(a) and 2(a) to the physical element of the
15
                         circumstance that the person, either alone or in conjunction
16
                         with another person, is the occupier of an establishment; and
17
                   (b) in paragraphs (1)(b) and 2(b) to the physical element of the
18
                         conduct of preparing prescribed goods at the establishment;
19
                         and
20
                    (c) in paragraphs (1)(g) and (2)(g) to the physical element of the
21
                         circumstance that the condition or restriction is not complied
22
                         with.
23

                   Note:      For strict liability, see section 6.1 of the Criminal Code.
24

              (4) In this section:
25

                   occupier means:
26
                    (a) in relation to a registered establishment--an individual,
27
                        corporation or other legal entity (or any combination of
28
                        these) in whose name the registered establishment is
29
                        registered; and
30
                    (b) in relation to an unregistered establishment--the individual,
31
                        corporation or other legal entity (or any combination of
32
                        these) who:
33
                          (i) is the operator of a business preparing prescribed goods
34
                              at the establishment; or
35




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                           (ii) if that person cannot be ascertained--is the person in
 1
                                charge of the operations for the preparation of
 2
                                prescribed goods at the establishment.
 3


     7 Subparagraph 10A(1)(a)(i)
 4

              Repeal the subparagraph, substitute:
 5
                          (i) any premises that form part of a registered
 6
                              establishment; or
 7

     Note:    The heading to section 10A is altered by omitting "registered premises" and
 8
              substituting "premises that form part of a registered establishment,".
 9


     8 Paragraph 10D(2)(a)
10

              Repeal the paragraph, substitute:
11
                   (a) the premises form part of a registered establishment; or
12

     Note:    The heading to section 10D is altered by omitting "Registered premises" and
13
              substituting "Premises that form part of a registered establishment,".
14


     9 Division 6 of Part III (heading)
15

              Repeal the heading, substitute:
16


     Division 6--General rules about registered establishments,
17

               premises entered by consent and warrants
18


     10 Subsection 11P(1)
19

              Omit "registered premises", substitute "premises that form part of a
20
              registered establishment".
21


     11 Subsection 24(1)
22

              Repeal the subsection, substitute:
23

               (1) A person must not supply goods or services to an authorized
24
                   officer if:
25
                     (a) the person, either alone or in conjunction with another
26
                         person, is the occupier of a registered establishment; or
27
                    (b) the person is an employee or agent of such a person.
28

                    Penalty: Imprisonment for 12 months.
29


     12 Subsection 24(1A)
30

              Repeal the subsection, substitute:
31


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            (1A) An authorized officer must not receive goods or services supplied
 1
                 to him or her by:
 2
                   (a) a person who, either alone or in conjunction with another
 3
                       person, is the occupier of a registered establishment; or
 4
                   (b) an employee or agent of such a person.
 5

                   Penalty: Imprisonment for 12 months.
 6


     13 Subsection 24(3)
 7

              Insert:
 8

                   occupier, in relation to a registered establishment, means the
 9
                   individual, corporation or other legal entity (or any combination of
10
                   these) in whose name the registered establishment is registered.
11


     14 Subsection 24(3) (definition of registered establishment)
12

              Repeal the definition.
13


     15 Subsection 24(3) (definition of registered owner)
14

              Repeal the definition.
15


     16 Paragraph 25(2)(a)
16

              Omit "premises", substitute "an establishment".
17


     17 After paragraph 25(2)(d)
18

              Insert:
19
                 (daaa) the imposition of fees in connection with the performance of
20
                        a service under this Act by the Secretary or a delegate of the
21
                        Secretary, and the remission of fees so imposed;
22


     18 At the end of section 25
23

              Add:
24

              (9) A fee imposed under regulations or an order must not be such as to
25
                  amount to taxation.
26




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 1

     Schedule 2--Amendment of the Quarantine
 2

           Act 1908
 3
 4

     1 After section 86E
 5

              Insert:
 6


     86EA Commonwealth etc. not liable to pay fees
 7

               (1) The Commonwealth is not liable to pay quarantine fees that are
 8
                   payable under this Act. However, it is the Parliament's intention
 9
                   that the Commonwealth should be notionally liable to pay
10
                   quarantine fees.
11

               (2) The Finance Minister may give such written directions as are
12
                   necessary or convenient for carrying out or giving effect to
13
                   subsection (1) and, in particular, may give directions in relation to
14
                   the transfer of money within an account, or between accounts,
15
                   operated by the Commonwealth.
16

               (3) Directions under subsection (2) have effect, and must be complied
17
                   with, despite any other Commonwealth law.
18

               (4) Directions under subsection (2) are not legislative instruments.
19

               (5) In this section:
20

                    Commonwealth includes:
21
                      (a) an Agency (within the meaning of the Financial
22
                          Management and Accountability Act 1997); and
23
                      (b) a Commonwealth authority (within the meaning of the
24
                          Commonwealth Authorities and Companies Act 1997);
25
                    that cannot be made liable to taxation by a Commonwealth law.
26

                    Finance Minister means the Minister who administers the
27
                    Financial Management and Accountability Act 1997.
28

                    quarantine fees means the fees specified in determinations made
29
                    under subsection 86E(1B).
30


     2 Application
31




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                                                                    2006     No.    , 2006       9


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             The amendment made by item 1 of this Schedule applies to quarantine
1
             fees that are incurred on or after the commencement of this Schedule.
2




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    Quarantine) Bill 2006     No.    , 2006