PRIMARY INDUSTRIES AND ENERGY LEGISLATION AMENDMENT ACT 1992 NO. 17, 1992 PRIMARY INDUSTRIES AND ENERGY LEGISLATION AMENDMENT ACT 1992 NO. 17, 1992 - TABLE OF PROVISIONS 1. Short title 2. Commencement 3. Principal Act 4. Interpretation 5. Regulations with respect to inspection of meat 6. Obstructing authorised officers 7. Persons to assist authorised officers 8. Indictable offences 9. Authorised officers 10. Supply of any goods or services to authorised officers 11. Saving - Meat Inspection (Fees) Orders 12. Principal Act 13. Interpretation 14. Evidence of expenditure 15. Principal Act 16. Delegation 17. Principal Act 18. Development 19. Development 20. 21. Annual report PRIMARY INDUSTRIES AND ENERGY LEGISLATION AMENDMENT ACT 1992 No. 17, 1992 - LONG TITLE An Act to amend various Acts relating to matters dealt with by the Department of Primary Industries and Energy, and for related purposes PRIMARY INDUSTRIES AND ENERGY LEGISLATION AMENDMENT ACT 1992 No. 17, 1992 - SECT 1 Short title (Assented to 10 April 1992) 1. This Act may be cited as the Primary Industries and Energy Legislation Amendment Act 1992. (Minister's second reading speech made in- House of Representatives on 29 November 1991 Senate on 26 February 1992) PRIMARY INDUSTRIES AND ENERGY LEGISLATION AMENDMENT ACT 1992 No. 17, 1992 - SECT 2 Commencement 2.(1) Subject to subsection (2), this Act commences on the day on which it receives the Royal Assent. (2) Part 5 of this Act commences, or is taken to have commenced, on 30 June 1992 or the day on which this Act receives the Royal Assent, whichever is the earlier. PRIMARY INDUSTRIES AND ENERGY LEGISLATION AMENDMENT ACT 1992 No. 17, 1992 - SECT 3 Principal Act 3. In this Part, "Principal Act" means the Meat Inspection Act 1983*1*. *1* No. 71, 1983, as amended. For previous amendments, see No. 72, 1984; No. 65, 1985; No. 141, 1987; and Nos. 99 and 111, 1988. PRIMARY INDUSTRIES AND ENERGY LEGISLATION AMENDMENT ACT 1992 No. 17, 1992 - SECT 4 Interpretation 4. Section 3 of the Principal Act is amended by omitting from subsection (1) the definition of "authorized officer" and substituting the following definition: " 'authorised officer' means a person appointed under section 32 to be an authorised officer;". PRIMARY INDUSTRIES AND ENERGY LEGISLATION AMENDMENT ACT 1992 No. 17, 1992 - SECT 5 Regulations with respect to inspection of meat 5. Section 20 of the Principal Act is amended by inserting in paragraph (2)(b) ", and the remission of fees so imposed" after "officers". PRIMARY INDUSTRIES AND ENERGY LEGISLATION AMENDMENT ACT 1992 No. 17, 1992 - SECT 6 Obstructing authorised officers 6. Section 27 of the Principal Act is amended by omitting "$1,000 or imprisonment for 6 months, or both" and substituting "Imprisonment for 6 months". PRIMARY INDUSTRIES AND ENERGY LEGISLATION AMENDMENT ACT 1992 No. 17, 1992 - SECT 7 Persons to assist authorised officers 7. Section 28 of the Principal Act is amended by omitting from subsection (1) "$1,000 or imprisonment for 6 months, or both" and substituting "Imprisonment for 6 months". PRIMARY INDUSTRIES AND ENERGY LEGISLATION AMENDMENT ACT 1992 No. 17, 1992 - SECT 8 Indictable offences 8. Section 29 of the Principal Act is amended: (a) by omitting from subsection (1) all the words after "punishable" and substituting "on conviction by a fine not exceeding $20,000."; (b) by omitting from subsection (3) all the words after "impose" and substituting "is a fine not exceeding $5,000."; (c) by omitting paragraphs (4)(c) to (f) (inclusive) and substituting the following paragraphs: "(c) if the sentencing court is not a court of summary jurisdiction - imprisonment for a period not exceeding 5 years; or (d) if the sentencing court is a court of summary jurisdiction - imprisonment for a period not exceeding 2 years.". PRIMARY INDUSTRIES AND ENERGY LEGISLATION AMENDMENT ACT 1992 No. 17, 1992 - SECT 9 Authorised officers 9. Section 32 of the Principal Act is amended by omitting "writing signed by the Secretary" and substituting "signed instrument". PRIMARY INDUSTRIES AND ENERGY LEGISLATION AMENDMENT ACT 1992 No. 17, 1992 - SECT 10 Supply of any goods or services to authorised officers 10. Section 35 of the Principal Act is amended: (a) by omitting from subsection (1) "by the Secretary by writing signed" and substituting "in writing"; (b) by omitting from subsection (1) "$2,000 or imprisonment for 12 months, or both" and substituting "Imprisonment for 12 months"; (c) by inserting after subsection (1) the following subsection: "(1A) An authorised officer must not receive any goods or services supplied to him or her by the owner of prescribed premises, or an employee or agent of such a person, unless the supply of the goods or services has been approved in writing by the Secretary under subsection (1). Penalty: Imprisonment for 12 months."; (d) by omitting from subsection (2) "subsection (1)" and substituting "this section". PRIMARY INDUSTRIES AND ENERGY LEGISLATION AMENDMENT ACT 1992 No. 17, 1992 - SECT 11 Saving - Meat Inspection (Fees) Orders 11. Order 18 of the Meat Inspection (Fees) Orders made under the Meat Inspection (Orders) Regulations has effect, and is taken to have always had effect, as if section 5 of this Act had commenced immediately before that order was made. PRIMARY INDUSTRIES AND ENERGY LEGISLATION AMENDMENT ACT 1992 No. 17, 1992 - SECT 12 Principal Act 12. In this Part, "Principal Act" means the National Water Resources (Financial Assistance) Act 1978*2*. *2* No. 5, 1978, as amended. For previous amendments, see No. 141, 1987. PRIMARY INDUSTRIES AND ENERGY LEGISLATION AMENDMENT ACT 1992 No. 17, 1992 - SECT 13 Interpretation 13. Section 3 of the Principal Act is amended by inserting the following definition: " 'State' includes the Australian Capital Territory and the Northern Territory.". PRIMARY INDUSTRIES AND ENERGY LEGISLATION AMENDMENT ACT 1992 No. 17, 1992 - SECT 14 Evidence of expenditure 14. Section 9 of the Principal Act is amended by omitting paragraph (a) and substituting the following paragraphs: "(a) if the whole or a part of the expenditure was expended by the State - a statement in respect of that expenditure or that part, as the case requires, in accordance with a form approved by the Minister accompanied by a certificate of: (i) the Auditor-General of the State; or (ii) the head of the Department of the State responsible for the expenditure; certifying that, in his or her opinion, the amount shown in the statement as having been expended was expended in accordance with an agreement; and (aa) if the whole or a part of the expenditure was expended by an approved body - a statement in respect of that expenditure or that part, as the case requires, in accordance with a form approved by the Minister accompanied by a certificate of the chief executive officer of the approved body certifying that, in his or her opinion, the amount shown in the statement as having been expended was expended in accordance with an agreement; and". PRIMARY INDUSTRIES AND ENERGY LEGISLATION AMENDMENT ACT 1992 No. 17, 1992 - SECT 15 Principal Act 15. In this Part, "Principal Act" means the Petroleum (Submerged Lands) Act 1967*3*. *3* No. 118, 1967, as amended. For previous amendments, see No. 1, 1968; Nos. 36 and 216, 1973; No. 57, 1974; No. 37, 1976; No. 80, 1980 (as amended by Nos. 79 and 176, 1981); No. 79, 1981; No. 80, 1982; Nos. 22 and 166, 1984; Nos. 80 and 132, 1985; Nos. 106 and 145, 1987; No. 127, 1988; Nos. 15 and 37, 1990; and No. 75, 1991. PRIMARY INDUSTRIES AND ENERGY LEGISLATION AMENDMENT ACT 1992 No. 17, 1992 - SECT 16 Delegation 16. Section 8H of the Principal Act is amended by inserting ", or under an Act that incorporates this Act," after "under this Act". PRIMARY INDUSTRIES AND ENERGY LEGISLATION AMENDMENT ACT 1992 No. 17, 1992 - SECT 17 Principal Act 17. In this Part, "Principal Act" means the Wheat Marketing Act 1989*4*. *4* No. 58, 1989, as amended. For previous amendments, see Nos. 16 and 134, 1990; and No. 26, 1991. PRIMARY INDUSTRIES AND ENERGY LEGISLATION AMENDMENT ACT 1992 No. 17, 1992 - SECT 18 Development 18. Section 49 of the Principal Act is amended by omitting from subsection (1) "1989 and before 1 July in each subsequent" and substituting "in each". PRIMARY INDUSTRIES AND ENERGY LEGISLATION AMENDMENT ACT 1992 No. 17, 1992 - SECT 19 Development 19. Section 54 of the Principal Act is amended: (a) by omitting subsection (1) and substituting the following subsection: "(1) The Board must, before 1 October in each calendar year, give to the Minister an annual operational plan relating to the period commencing on that date."; (b) by adding at the end the following subsections: "(3) An annual operational plan must be consistent with the provisions of the relevant corporate plan. "(4) An annual operational plan comes into force at the commencement of the period to which the plan relates.". PRIMARY INDUSTRIES AND ENERGY LEGISLATION AMENDMENT ACT 1992 No. 17, 1992 - SECT 20 20. Sections 55 and 56 of the Principal Act are repealed and the following section is substituted: Variation "55.(1) The Board may vary an annual operational plan at any time. "(2) The Board must give a copy of any such variation to the Minister within 28 days after the day on which the variation is made. "(3) A variation takes effect on the day on which the Board makes the variation.". PRIMARY INDUSTRIES AND ENERGY LEGISLATION AMENDMENT ACT 1992 No. 17, 1992 - SECT 21 Annual report 21. Section 89 of the Principal Act is amended: (a) by omitting from the end of subparagraph (3)(b)(vii) "and"; (b) by omitting subparagraph (3)(b)(viii) and substituting the following subparagraphs: "(viii) variations to the corporate plan agreed to by the Minister during the year; and (ix) variations to the applicable annual operational plan made by the Board during the year;".