2004-2005-2006-2007 The Parliament of the Commonwealth of Australia HOUSE OF REPRESENTATIVES Presented and read a first time Forestry Marketing and Research and Development Services (Transitional and Consequential Provisions) Bill 2007 No. , 2007 (Fisheries, Forestry and Conservation) A Bill for an Act to deal with transitional and consequential matters related to the enactment of the Forestry Marketing and Research and Development Services Act 2007, and for related purposes [Page Break] 1 Short title ........................................................................................... 1 2 Commencement ................................................................................. 2 3 Schedule(s) ........................................................................................ 3 Schedule 1--Transitional provisions 4 Part 1--Preliminary 4 Part 2--Transfer of assets and liabilities of FWPRDC 6 Part 3--Transferring employees 9 Division 1--Preliminary 9 Division 2--Application of the Safety, Rehabilitation and Compensation Act 10 Division 3--Provisions relating to superannuation 12 Division 4--Provisions relating to long service leave 12 Part 4--Other provisions 18 Schedule 2--Consequential provisions 22 Primary Industries and Energy Research and Development Act 1989 22 Primary Industries (Customs) Charges Act 1999 22 Primary Industries (Excise) Levies Act 1999 22 Primary Industries Levies and Charges Collection Act 1991 23 [Page Break] 1 consequential matters related to the enactment of 2 the Forestry Marketing and Research and 3 Development Services Act 2007, and for related 4 purposes 5 The Parliament of Australia enacts: 6 1 Short title 7 This Act may be cited as the Forestry Marketing and Research and 8 Development Services (Transitional and Consequential Provisions) 9 Act 2007. 10 [Page Break] 1 (1) Each provision of this Act specified in column 1 of the table 2 commences, or is taken to have commenced, in accordance with 3 column 2 of the table. Any other statement in column 2 has effect 4 according to its terms. 5 6 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 later of: (a) the start of the day after this Act receives the Royal Assent; and (b) the time the Forestry Marketing and Research and Development Services Act 2007 commences. However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur. 3. Schedule 2 A single day to be fixed by Proclamation. However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period. Note: This table relates only to the provisions of this Act as originally 7 passed by both Houses of the Parliament and assented to. It will not be 8 expanded to deal with provisions inserted in this Act after assent. 9 (2) Column 3 of the table contains additional information that is not 10 part of this Act. Information in this column may be added to or 11 edited in any published version of this Act. 12 [Page Break] 1 Each Act that is specified in a Schedule to this Act is amended or 2 repealed as set out in the applicable items in the Schedule 3 concerned, and any other item in a Schedule to this Act has effect 4 according to its terms. 5 [Page Break] Schedule 1--Transitional provisions 2 Part 1--Preliminary 3 1 Definitions 4 In this Schedule: 5 asset means: 6 (a) any legal or equitable estate or interest in real or personal 7 property, whether actual, contingent or prospective; or 8 (b) any right, power, privilege or immunity, whether actual, 9 contingent or prospective. 10 cessation time means the time when the FWPRDC ceases to exist 11 because of the repeal of the Forest and Wood Products Research and 12 Development Corporation Regulations 1993. 13 combined service period, in relation to a transferring employee, means 14 the total of: 15 (a) the period that is, immediately before the cessation time, the 16 employee's period of service for the purposes of the Long 17 Service Leave Act; and 18 (b) the period during which the employee continues to be an 19 employee of the successor body. 20 employee of FWPRDC means a person who is the Executive Director, 21 or an employee, of FWPRDC immediately before the cessation time. 22 FWPRDC means the Forest and Wood Products Research and 23 Development Corporation established by the Primary Industries and 24 Energy Research and Development Act 1989. 25 liability means any liability, duty or obligation, whether actual, 26 contingent or prospective. 27 Long Service Leave Act means the Long Service Leave 28 (Commonwealth Employees) Act 1976, as in force immediately before 29 the cessation time. 30 SRC Act means the Safety, Rehabilitation and Compensation Act 1988, 31 as in force immediately before the cessation time. 32 successor body means the first body that is declared under the Forestry 33 Marketing and Research and Development Services Act 2007 as the 34 industry services body. 35 [Page Break] 1 engaged as an employee of the successor body under Part 3. 2 2 Extension to external Territories 3 This Schedule extends to all the external Territories. 4 3 Extraterritorial operation 5 This Schedule applies within and outside Australia. 6 [Page Break] Part 2--Transfer of assets and liabilities of FWPRDC 2 4 Transfer of assets and liabilities 3 (1) This item applies to: 4 (a) the assets of FWPRDC; and 5 (b) the liabilities of FWPRDC. 6 (2) At the cessation time, the assets and liabilities cease to be assets and 7 liabilities of FWPRDC and become assets and liabilities of the 8 successor body without any conveyance, transfer or assignment. 9 Note: Assets that are Commonwealth records (as defined in the Archives Act 1983) do not 10 become assets of the successor body under this item unless the National Archives of 11 Australia gives permission under paragraph 24(2)(b) of that Act: see item 26. 12 (3) Immediately after the cessation time, the successor body becomes 13 FWPRDC's successor in law in relation to the assets and liabilities. 14 (4) This item has effect despite section 145 of the Primary Industries and 15 Energy Research and Development Act 1989. 16 Note: Section 145 of the Primary Industries and Energy Research and Development Act 1989 17 still transfers to the Commonwealth at the cessation time the FWPRDC's records (if 18 any) that the National Archives of Australia has not permitted to be transferred to the 19 successor body. This is because this item does not transfer those records to the 20 successor body: see item 26. 21 5 Transfer of pending proceedings 22 If any proceedings to which FWPRDC was a party: 23 (a) were pending in any court or tribunal immediately before the 24 cessation time; and 25 (b) related, in whole or in part, to an asset or liability of 26 FWPRDC; 27 the successor body is, by force of this item, substituted for FWPRDC as 28 a party to the proceedings to the extent to which the proceedings relate 29 to the asset or liability. 30 6 Exemption from stamp duty etc. 31 (1) No stamp duty or other tax is payable under a law of a State or Territory 32 in respect of an exempt matter, or anything connected with an exempt 33 matter. 34 [Page Break] 1 (a) that a specified matter is an exempt matter; or 2 (b) that a specified thing was done in connection with a specified 3 exempt matter. 4 (3) In all courts, and for all purposes, a certificate under subitem (2) is 5 evidence of the matter stated in the certificate. 6 (4) In this item: 7 exempt matter means: 8 (a) the transfer of an asset or a liability under this Part; or 9 (b) the operation of this Part in any other respect. 10 7 References in certain instruments 11 (1) This item applies to an instrument if: 12 (a) it is in operation immediately before the cessation time; and 13 (b) it is an instrument: 14 (i) to which FWPRDC is a party; or 15 (ii) which was given to, or in favour of, FWPRDC; or 16 (iii) in which a reference is made to FWPRDC; or 17 (iv) under which any right or liability accrues or may accrue 18 to FWPRDC. 19 (2) The instrument continues to have effect after the cessation time as if a 20 reference in the instrument to FWPRDC were a reference to the 21 successor body. 22 (3) This item has effect despite section 147 of the Primary Industries and 23 Energy Research and Development Act 1989. 24 (4) In this item: 25 instrument does not include regulations or any other instrument made 26 under the Superannuation Act 1976, the Superannuation Act 1990 or the 27 Superannuation Act 2005. 28 8 Certificates in relation to assets 29 (1) This item applies if: 30 (a) an asset vests in the successor body under this Part; and 31 (b) there is lodged with an assets official a certificate that: 32 [Page Break] 1 (ii) identifies the asset; and 2 (iii) states that the asset has become vested in the successor 3 body under this Part. 4 (2) The assets official may: 5 (a) deal with, and give effect to, the certificate as if it were a 6 proper and appropriate instrument for transactions in relation 7 to assets of that kind; and 8 (b) make such entries in the register as are necessary having 9 regard to the effect of this Part. 10 (3) In this item: 11 assets official means the person or authority who, under a law of the 12 Commonwealth, a State or a Territory, under a trust instrument or 13 otherwise, has responsibility for keeping a register in relation to assets 14 of the kind concerned. 15 [Page Break] Part 3--Transferring employees 2 Division 1--Preliminary 3 9 Transfer of staff 4 At the cessation time, each employee of FWPRDC ceases to be 5 employed by FWPRDC and is taken to have been engaged as an 6 employee of the successor body. 7 10 Terms and conditions of transferring employees 8 (1) A transferring employee is taken: 9 (a) to have been engaged by the successor body on the same 10 terms and conditions as those that applied to the person, 11 immediately before the cessation time, as an employee of 12 FWPRDC; and 13 (b) to have accrued an entitlement to benefits, in connection with 14 that engagement by the successor body, that is equivalent to 15 the entitlement that the person had accrued, as an employee 16 of FWPRDC, immediately before the cessation time. 17 (2) The service of a transferring employee as an employee of the successor 18 body is taken, for all purposes, to be continuous with his or her service 19 as an employee of FWPRDC. 20 (3) Except as provided by this Part, a transferring employee is not entitled 21 to receive any payment or other benefit merely because of the operation 22 of this Part. 23 (4) This item has effect subject to this Part. 24 11 Variation of terms and conditions of employment 25 (1) This Schedule does not prevent the terms and conditions of a 26 transferring employee's employment after the cessation time from being 27 varied: 28 (a) in accordance with those terms and conditions; or 29 (b) by or under a law, award, determination, agreement or other 30 instrument providing for the terms or conditions of the 31 transferring employee's employment. 32 [Page Break] 1 law means: 2 (a) a law of the Commonwealth or of a State or Territory; or 3 (b) regulations or any other instrument (other than an award, 4 determination or industrial agreement) made under such a 5 law. 6 vary, in relation to terms and conditions, includes: 7 (a) omitting any of those terms and conditions; or 8 (b) adding to those terms and conditions; or 9 (c) substituting new terms or conditions for any of those terms 10 and conditions. 11 Division 2--Application of the Safety, Rehabilitation and 12 Compensation Act 13 12 Expressions defined in SRC Act 14 Expressions that are defined in the SRC Act and used in this Division 15 have the same meanings as in that Act. 16 13 Continued application of SRC Act 17 The SRC Act continues to apply after the cessation time in relation to: 18 (a) injuries suffered before that time by a transferring employee; 19 and 20 (b) loss of, or damage to, property incurred before that time by a 21 transferring employee. 22 14 Commonwealth liability to meet certain SRC Act liabilities 23 (1) After the cessation time, the Commonwealth is taken to have been the 24 employer of the transferring employees before the cessation time for the 25 purposes of the application of the SRC Act. 26 (2) Subitem (1) has effect subject to item 15. 27 15 SRC Act: rehabilitation provisions 28 (1) If, before the cessation time, a transferring employee suffered an injury 29 resulting in an incapacity for work or an impairment: 30 [Page Break] 1 and after that time in relation to the injury as if the employee 2 were employed by the Department; and 3 (b) after that time the successor body must provide reasonable 4 co-operation and assistance to enable the exercise of powers 5 and performance of duties under that application of those 6 sections. 7 Note: The main effects of paragraph (1)(a) are that sections 36, 37, 38, 39, 41 and 41A of the 8 SRC Act apply in relation to the transferring employee's injury as if the Secretary of the 9 Department were the rehabilitation authority and Comcare were the relevant authority. 10 (2) After the cessation time, the successor body is, for the purposes of 11 section 40 of the SRC Act, taken to be the relevant employer of each 12 transferring employee. 13 (3) After the cessation time, the successor body is, for the purposes of 14 applying section 71 of the SRC Act in relation to each transferring 15 employee, taken to be a Commonwealth authority. 16 16 Premiums under the SRC Act 17 (1) Comcare must, as soon as practicable after the cessation time, determine 18 the amount (if any) by which the premium for FWPRDC for the 19 transitional financial year should be reduced. 20 (2) If: 21 (a) an amount equal to the premium for FWPRDC for the 22 transitional financial year has been paid under Division 4A of 23 Part VII of the SRC Act; and 24 (b) the amount of the premium is reduced as a result of a 25 determination under subitem (1); 26 the Secretary of the Department may, in writing, direct that an amount 27 equal to the refund amount, or amounts that together add up to the 28 refund amount, be paid to the successor body in accordance with the 29 direction. 30 (3) A direction by the Secretary of the Department may be given subject to 31 such conditions (if any) about the use or expenditure of the amount or 32 amounts to which it relates as are set out in the direction. 33 (4) If the Secretary of the Department gives a direction, the amount or 34 amounts to which it relates are payable to the successor body out of the 35 Consolidated Revenue Fund, which is appropriated accordingly. 36 [Page Break] 1 accordance with the direction, and is subject to the conditions (if any) 2 set out in the direction. 3 (6) A copy of each direction must be published in the Gazette within 14 4 days after the direction is given. 5 (7) The direction is not invalid merely because it has not been published as 6 required under subitem (6). 7 (8) A direction made under subitem (2) is not a legislative instrument. 8 (9) In this item: 9 refund amount means the amount equal to the difference between the 10 amount of premium for FWPRDC for the transitional financial year and 11 the amount of that premium as reduced because of a determination 12 under subitem (1). 13 transitional financial year means the financial year in which the 14 cessation time occurs. 15 Division 3--Provisions relating to superannuation 16 17 Application of Superannuation Acts 17 The successor body is not an approved authority for the purposes of the 18 Superannuation Act 1976, the Superannuation Act 1990 or the 19 Superannuation Act 2005. 20 18 Application of the Superannuation Benefits (Supervisory 21 Mechanisms) Act 1990 22 (1) The Minister must not declare the successor body to be a relevant body 23 for the purposes of the Superannuation Benefits (Supervisory 24 Mechanisms) Act 1990. 25 (2) In this item: 26 Minister has the same meaning as in the Superannuation Benefits 27 (Supervisory Mechanisms) Act 1990. 28 Division 4--Provisions relating to long service leave 29 19 Expressions defined in Long Service Leave Act 30 [Page Break] 1 this Division have the same meanings as in that Act. 2 20 Long service leave for employees with less than 10 years 3 service 4 (1) This item applies in relation to a transferring employee whose period of 5 service for the purposes of the Long Service Leave Act immediately 6 before the cessation time was less than 10 years. 7 (2) This item does not apply in relation to an employee who dies. 8 (3) If the employee continues to be employed by the successor body until 9 his or her combined service period is at least 10 years, the successor 10 body may grant the employee long service leave on full salary for a 11 period up to the employee's long service leave credit under subitem 12 23(1). 13 (4) If: 14 (a) the employee stops being an employee of the successor body 15 on or after reaching the minimum retiring age, or because of 16 retrenchment; and 17 (b) the employee's combined service period at the time when he 18 or she stops being an employee of the successor body is at 19 least one year; 20 the successor body may grant the employee long service leave on full 21 salary for a period up to the employee's long service leave credit under 22 subitem 23(1). 23 (5) If a period of long service leave may be granted to an employee under 24 subitem (3) or (4), the successor body may, if the employee asks in 25 writing, grant the employee long service leave on half salary for a 26 period not longer than twice the first-mentioned period. 27 (6) Long service leave granted in the circumstances set out in subitem (4) 28 must be taken so as to end immediately before the employee stops being 29 an employee. 30 (7) For the purposes of this item, the rate of salary to be used in working 31 out the full salary of an employee is the rate that would apply to the 32 employee under section 20 of the Long Service Leave Act if: 33 (a) that section applied to the employee; and 34 [Page Break] 1 were substituted the expression "item 20 of Schedule 1 to the 2 Forestry Marketing and Research and Development Services 3 (Transitional and Consequential Provisions) Act 2007". 4 21 Payments in lieu of long service leave for employees with 5 less than 10 years service 6 (1) This item applies to a transferring employee whose period of service for 7 the purposes of the Long Service Leave Act immediately before the 8 cessation time was less than 10 years. 9 (2) This item does not apply in relation to an employee who dies. 10 (3) If the employee stops being an employee of the successor body on or 11 after the day on which his or her combined service period reaches 10 12 years, the successor body must pay him or her an amount equal to full 13 salary in respect of his or her long service leave credit under subitem 14 23(2). 15 (4) If: 16 (a) the employee stops being an employee of the successor body, 17 on or after reaching the minimum retiring age, or because of 18 retrenchment; and 19 (b) at that time the employee's combined service period is at 20 least one year; 21 the successor body must pay him or her an amount equal to full salary 22 in respect of his or her long service leave credit under subitem 23(2). 23 (5) If: 24 (a) the employee stops being an employee of the successor body; 25 and 26 (b) the successor body is satisfied that the employee left the 27 successor body's employment because of ill-health that 28 justified his or her so leaving; and 29 (c) when the employee left, his or her combined service period 30 was at least one year; 31 the successor body must pay him or her an amount equal to full salary 32 in respect of his or her long service leave credit under subitem 23(2). 33 [Page Break] 1 out the full salary of an employee is the rate that would apply to the 2 employee under section 21 of the Long Service Leave Act if: 3 (a) that section applied to the employee; and 4 (b) for the expression "sections 16 and 17" in that section there 5 were substituted the expression "item 21 of Schedule 1 to the 6 Forestry Marketing and Research and Development Services 7 (Transitional and Consequential Provisions) Act 2007". 8 22 Payments on the death of an employee 9 (1) This item applies to a transferring employee whose period of service for 10 the purposes of the Long Service Leave Act immediately before the 11 cessation time was less than 10 years. 12 (2) If the employee dies after the cessation time and immediately before his 13 or her death: 14 (a) the employee was an employee of the successor body; and 15 (b) the employee's combined service period was at least one 16 year; and 17 (c) the employee had one or more dependants; 18 the successor body must make a payment to the dependant or 19 dependants. 20 (3) The total amount of the payment or payments is the amount that would 21 have been payable to the person under item 21 if, on the day of his or 22 her death, the person had instead stopped being an employee of the 23 successor body on or after reaching the minimum retiring age. 24 (4) If subitem (2) applies, section 23 of the Long Service Leave Act has 25 effect as if: 26 (a) that section applied to an employee of the successor body; 27 and 28 (b) a reference in that section to the approving authority were a 29 reference to the successor body; and 30 (c) for the expression "this Act" in that section there were 31 substituted the expression "item 22 of Schedule 1 to the 32 Forestry Marketing and Research and Development Services 33 (Transitional and Consequential Provisions) Act 2007"; and 34 (d) for the expression "subsection 16(7) or 17(5)" there were 35 substituted the expression "item 22 of Schedule 1 to the 36 [Page Break] 1 (Transitional and Consequential Provisions) Act 2007"; and 2 (e) the references to whichever is applicable were omitted; and 3 (f) for the expression "whichever of those subsections is 4 applicable" there were substituted the expression "that item". 5 23 Employee's long service leave credit for the purposes of 6 items 20 and 21 7 (1) For the purposes of item 20, an employee's long service leave credit is 8 equal to the long service leave credit that the employee would have 9 under the Long Service Leave Act for the period: 10 (a) beginning when the employee began his or her period of 11 service; and 12 (b) ending at the cessation time; 13 if the employee had been retrenched at the cessation time. 14 (2) For the purposes of item 21, an employee's long service leave credit is 15 the employee's long service leave credit worked out under subitem (1) 16 of this item reduced by any long service leave credit used under 17 item 20. 18 24 Employees with at least 10 years service 19 (1) This item applies to a transferring employee whose period of service for 20 the purposes of the Long Service Leave Act immediately before the 21 cessation time was at least 10 years. 22 (2) Even though the employee ceases to be employed in Government 23 Service for the purposes of the Long Service Leave Act, the employee's 24 accrued rights under that Act continue. However, the employee is not 25 entitled to receive any payment because he or she ceases to be in 26 Government Service. 27 (3) The Long Service Leave Act has effect after the cessation time in 28 relation to the employee's rights under that Act that accrued before the 29 cessation time, as if the successor body were an approving authority for 30 the purposes of that Act. 31 25 Division not to affect post-commencement long service 32 leave rights 33 [Page Break] 1 leave rights. 2 (2) In this item: 3 law means: 4 (a) a law of the Commonwealth or of a State or Territory; or 5 (b) regulations or any other instrument (other than an award, 6 determination or industrial agreement) made under such a 7 law. 8 post-cessation long service leave rights means any long service leave 9 rights the employee acquires after the cessation time under: 10 (a) an award; or 11 (b) a determination; or 12 (c) an industrial agreement; or 13 (d) another instrument providing for terms or conditions of the 14 employee's employment; or 15 (e) a law (other than this Act). 16 [Page Break] Part 4--Other provisions 2 26 Operation of Archives Act 3 (1) This Schedule does not authorise a Commonwealth record (within the 4 meaning of the Archives Act 1983) to be transferred or otherwise dealt 5 with except in accordance with the provisions of that Act. 6 (2) A Commonwealth record (within the meaning of the Archives Act 1983) 7 must not be transferred to a person under this Schedule unless the 8 National Archives of Australia has given permission under paragraph 9 24(2)(b) of that Act. 10 27 FWPRDC's final annual reports etc. 11 (1) The purpose of this item is to provide for the following activities after 12 the cessation time: 13 (a) preparing and dealing with reports and financial statements 14 relating to the FWPRDC and its subsidiaries (if any) for: 15 (i) a financial year that ended before the cessation time; or 16 (ii) the period (the final FWPRDC period) starting on the 17 last 1 July before the cessation time and ending at the 18 cessation time; 19 (b) auditing those financial statements; 20 (c) investigating, and imposing penalties for, failure to comply 21 with requirements relating to those reports or financial 22 statements. 23 (2) Despite the repeal of the Forest and Wood Products Research and 24 Development Corporation Regulations 1993, Subdivision A of 25 Division 2 of Part 3 of the Commonwealth Authorities and Companies 26 Act 1997, the other provisions of that Act so far as they relate to that 27 Subdivision and the Finance Minister's Orders (as defined in that Act) 28 apply for the purpose of this item as if: 29 (a) those regulations had not been repealed; and 30 (b) the final FWPRDC period were a financial year; and 31 (c) the persons who were directors (as defined in that Act) of the 32 FWPRDC immediately before the repeal continued to be 33 directors of the FWPRDC. 34 [Page Break] 1 1993 had not been repealed, the FWPRDC would continue to exist under the Primary 2 Industries and Energy Research and Development Act 1989 and would continue to be a 3 Commonwealth authority for the purposes of the Commonwealth Authorities and 4 Companies Act 1997. 5 (3) This item does not limit sections 8 and 8A of the Acts Interpretation Act 6 1901. 7 Note: Those sections ensure that obligations relating to the FWPRDC incurred before the 8 cessation time continue after that time, and allow investigations and legal proceedings 9 relating to those obligations to be undertaken after that time. 10 28 FWPRDC's expenditure and funding treated as industry 11 service body's 12 (1) This item has effect for the purposes of working out under section 9 of 13 the Forestry Marketing and Research and Development Services Act 14 2007 the limit on the appropriation for matching payments for a 15 financial year. 16 (2) For the purposes of subsection (6) of that section, there is an 17 unmatched R and D excess for the last full financial year before the 18 cessation time if: 19 (a) the FWPRDC spent a particular amount (the R and D spend 20 amount) in the financial year on activities that qualify, under 21 the funding contract with the successor body, as research and 22 development activities; and 23 (b) because of subsection 32(1) of the Primary Industries and 24 Energy Research and Development Act 1989, the payments 25 (the matching payments) under paragraph 30(1)(b) of that 26 Act to the FWPRDC for the financial year are less than 50% 27 of the R and D spend amount. 28 The amount of the unmatched R and D excess is: 29 R and D spend amount - 2 × matching payments for The amount of the 30 in the financial year the financial year (3) If the cessation time is in a financial year after the start of the year, 31 subsection 9(7) of the Forestry Marketing and Research and 32 Development Services Act 2007 has effect as if: 33 (a) the amount spent in that year by the successor body on 34 activities that qualify, under the funding contract, as research 35 [Page Break] 1 on those activities by the FWPRDC in that year; and 2 (b) the matching payments for the financial year included 3 payments made under paragraph 30(1)(b) of the Primary 4 Industries and Energy Research and Development Act 1989 5 to the FWPRDC during the financial year. 6 29 Certificates etc. taken to be authentic etc. 7 A document that appears to be a certificate or other document made or 8 issued under this Schedule: 9 (a) is taken to be such a certificate or other document; and 10 (b) is taken to have been properly given; 11 unless the contrary is established. 12 30 Delegation 13 (1) The Minister may, by writing, delegate all or any of his or her powers 14 and functions under this Schedule to: 15 (a) the Secretary of the Department; or 16 (b) an SES employee, or acting SES employee, in the 17 Department. 18 (2) In exercising powers or functions under a delegation, the delegate must 19 comply with any directions of the Minister. 20 31 Compensation for acquisition of property 21 (1) If the operation of this Schedule would result in an acquisition of 22 property from a person otherwise than on just terms, the 23 Commonwealth is liable to pay a reasonable amount of compensation to 24 the person. 25 (2) If the Commonwealth and the person do not agree on the amount of the 26 compensation, the person may institute proceedings in the Federal Court 27 of Australia for the recovery from the Commonwealth of such 28 reasonable amount of compensation as the court determines. 29 (3) In this item: 30 acquisition of property has the same meaning as in paragraph 51(xxxi) 31 of the Constitution. 32 [Page Break] 1 Constitution. 2 32 Regulations 3 (1) The Governor-General may make regulations prescribing matters: 4 (a) required or permitted by this Act to be prescribed; or 5 (b) necessary or convenient to be prescribed for carrying out or 6 giving effect to this Act. 7 (2) In particular, regulations may be made prescribing matters of a 8 transitional nature (including prescribing any saving or application 9 provisions) arising from: 10 (a) the amendments or repeals made by this Act; and 11 (b) the enactment of this Act. 12 [Page Break] Schedule 2--Consequential provisions 2 3 Primary Industries and Energy Research and Development 4 Act 1989 5 1 Subsection 25(4) 6 Repeal the subsection. 7 2 Paragraph 33(1)(db) 8 Repeal the paragraph. 9 3 Section 33A 10 Repeal the section. 11 Primary Industries (Customs) Charges Act 1999 12 4 Clause 1 of Schedule 7 (definition of industry body) 13 Repeal the definition, substitute: 14 industry body means a body for which both of the following 15 conditions are met: 16 (a) members of the body are exporters of logs; 17 (b) the body is prescribed by the regulations for the purposes of 18 this paragraph. 19 5 Clause 1 of Schedule 8 (definition of industry body) 20 Repeal the definition, substitute: 21 industry body means a body for which both of the following 22 conditions are met: 23 (a) members of the body are importers of forest products; 24 (b) the body is prescribed by the regulations for the purposes of 25 this paragraph. 26 Primary Industries (Excise) Levies Act 1999 27 6 Clause 1 of Schedule 10 (definition of industry body) 28 [Page Break] 1 industry body means a body for which both of the following 2 conditions are met: 3 (a) members of the body are operators of mills; 4 (b) the body is prescribed by the regulations for the purposes of 5 this paragraph. 6 Primary Industries Levies and Charges Collection Act 1991 7 7 Subsection 4(1) (paragraph (da) of the definition of 8 producer) 9 Repeal the paragraph. 10 8 Subsection 4(1) (paragraph (j) of the definition of producer) 11 After "(2)", insert ", (2A) or (2B)". 12 9 Subsection 4(1) (definition of forest industries levy or 13 charge) 14 Repeal the definition. 15 10 After subsection 4(2) 16 Insert: 17 (2A) The operator of a mill to which logs are delivered is taken to be the 18 producer of the logs for the operation of this Act relating to levy 19 imposed by Schedule 10 to the Primary Industries (Excise) Levies 20 Act 1999 on the logs. 21 Note: In subsection (2A), logs, mill and operator have the meanings they 22 have in Schedule 10 to the Primary Industries (Excise) Levies Act 23 1999: see subsection (4) of this section. 24 (2B) The person prescribed by regulations for the purposes of this 25 subsection is taken to be the producer of logs (as defined in 26 Schedule 10 to the Primary Industries (Excise) Levies Act 1999) 27 for the operation of this Act relating to levy imposed by regulations 28 made for the purposes of Schedule 27 to that Act on the logs. 29 11 Subsections 10(7) and (8) and 11(8) and (9) 30 Repeal the subsections. 31