Commonwealth Numbered Acts

PRIMARY INDUSTRIES AND ENERGY LEGISLATION AMENDMENT ACT (No. 2) 1994 No. 129, 1994 - SCHEDULE 1

                                 SCHEDULE               Section 3

AMENDMENTS OF ACTS
Agricultural and Veterinary Chemicals Code Act 1994 Paragraph 159(1)(e): After
"application", insert ", reconsideration or decision". Subsection 159(3):
After "subsection (1)", insert "that was made for the purposes of an
application referred to in paragraph (1)(a) or (b),".
Australian Meat and Live-stock Industry Policy Council Act 1984 Section 3:
Insert the following definition:

" 'ARMCANZ' means:

   (a)  subject to paragraph (b), Agriculture and Resource Management Council
        of Australia and New Zealand, whether known by that name or any other
        name; or

   (b)  if another body is prescribed by the regulations for the purposes of
        this definition-that other body;". Paragraph 5(1)(c): Omit "the
        Australian Agricultural Council", substitute "ARMCANZ". Subsection
        9(6): Omit "the Australian Agricultural Council", substitute
        "ARMCANZ". Subsection 11(2): Omit "the Australian Agricultural
        Council", substitute "ARMCANZ".
        Australian Wine and Brandy Corporation Act 1980 Subsection 29U(1):
        Omit the definitions of "eligible winemaker" and "list of winemakers",
        substitute the following definitions:

" 'eligible producer', in relation to a year, means a person on the list of
producers prepared in that year;
'list of producers' means a list of persons prepared under section 29V.".
Section 29V: Repeal the section, substitute: List of producers

"29V.(1) As soon as practicable after each 30 September, the Department must
prepare and give to the Corporation a list of the persons who the Department,
at the time of the preparation of the list, knows became liable to pay levy
imposed under the Levy Act in respect of the year that ended on 30 June
immediately preceding that 30 September.

"(2) The Corporation must not use a list of persons prepared under this
section except for the purposes of this Part.". Subsection 29W(1): Omit
"winemakers", substitute "producers". Subsection 29W(2): Omit "winemaker",
substitute "producer". Section 29X: Omit "winemakers", substitute "producers".
Paragraph 29Y(b): Omit "winemakers", substitute "producers". Subsection
29Z(1): Omit "winemaker", substitute "producer".
Australian Wool Research and Promotion Organisation Act 1993 Section 6: After
subsection (1), insert the following subsection:

"(1A) In performing its functions under paragraph (1)(c), the Organisation
must take account of the need to further the sustainable use and sustainable
management of natural resources.". Section 10: Add the following subsection:

"(2) In preparing a corporate plan, the Organisation must have regard to its
obligations under subsection 6(1A).". Subsection 28(2): At the end of the
subsection, add the following paragraph:

"(f) environmental and ecological matters.". Subparagraph 54(1)(d)(iii): Omit
the subparagraph, substitute:

"(iii) from dealing with patents or trade marks vested in the Organisation by
subsection 37(4) of the Wool Legislation (Repeals and Consequential
Provisions) Act 1993 or acquired by the Organisation with money from the Fund;
or".
Biological Control Act 1984 Subsection 2(1) (definition of "Council"): Omit
the definition, substitute:

" 'Council' means:

   (a)  subject to paragraph (b), Agriculture and Resource Management Council
        of Australia and New Zealand, whether known by that name or any other
        name; or

   (b)  if another body is prescribed by the regulations for the purposes of
        this definition-that other body;".
Exotic Animal Disease Control Act 1989 Section 3 (definition of "approved
veterinary emergency plan"): Omit "the Australian Agricultural Council",
substitute "ARMCANZ". Section 3: Insert the following definition:

" 'ARMCANZ' means:

   (a)  subject to paragraph (b), Agriculture and Resource Management Council
        of Australia and New Zealand, whether known by that name or any other
        name; or

   (b)  if another body is prescribed by the regulations for the purposes of
        this definition-that other body;". Paragraph 11(1)(c): Omit "the
        Australian Agricultural Council", substitute "ARMCANZ".
Farm Household Support Act 1992 Paragraph 4(2)(a): Omit the paragraph,
substitute:

"(a) if it was issued within 30 days (or within such further period as the
Secretary allows) after the day on which the farmer made a claim for farm
household support-for a period of 6 months from that day; or". Subsection
5(5): Omit "by the Secretary of the Department of Primary Industries and
Energy". After section 5: Insert the following section: Review of decision in
relation to grant periods

"5A.(1) In this section:
'decision' means a decision under subsection 5(4), whether made by the
Secretary himself or herself or by a delegate of the Secretary;
'Secretary' means the Secretary to the Department of Primary Industries and
Energy.

"(2) The Secretary may review a decision if satisfied that there is sufficient
reason to do so.

"(3) The Secretary may review a decision on his or her own initiative or on
the application of a person affected by the decision.

"(4) A person may apply for review of a decision, and the Secretary may review
a decision, even if an application has been made to the Administrative Appeals
Tribunal for review of the decision.

"(5) The Secretary may:
  (a)   affirm the decision; or

  (b)   vary the decision; or

  (c)   set the decision aside and substitute a new decision.


"(6) If:

   (a)  a person applies under subsection (4) for review of a decision; and

   (b)  an application for review of the decision is, or has been, made to the
        Administrative Appeals Tribunal before the Secretary makes a decision
        on the review; the Secretary must give the Registrar of the Tribunal
        written notice of the making of the application under subsection (4).

"(7) If the Secretary makes a decision under subsection (5) on the application
of a person, the Secretary must give the person written notice of the decision
that includes:
  (a)   a statement that:

    (i)   sets out the reasons for the decision; and


        (ii)   sets out the findings by the Secretary on material questions of
               fact; and

        (iii)  refers to the evidence or other material on which those
               findings were based; and

   (b)  a statement to the effect that, if the person is dissatisfied with the
        decision, application may, subject to the Administrative  Appeals
        Tribunal Act 1975 , be made to the Administrative Appeals Tribunal for
        review of the decision.

"(8) A contravention of subsection (7) in relation to a decision does not
affect the validity of the decision.

"(9) If:
  (a)   the Secretary makes a decision under subsection (5); and


   (b)  before the Secretary made the decision, a person applied to the
        Administrative Appeals Tribunal for review of the decision that was
        reviewed by the Secretary; the Secretary must give the Registrar of
        the Administative Appeals Tribunal written notice of the Secretary's
        decision under subsection (5).". After section 50: Insert the
        following section: Notice of certain matters to be given

"50A.(1) A person who is liable to repay an amount to the Commonwealth under
subsection 50(1) or (2) must not, if any of the events referred to in
subsection (2) of this section occurs, intentionally or recklessly fail to
give in the prescribed manner full and correct written particulars of the
event to the Secretary to the Department of Primary Industries and Energy as
soon as practicable after the event occurs. Penalty: Imprisonment for 6
months.

"(2) The events to which subsection (1) applies are the following:
  (a)   the person changes his or her place of residence;

  (b)   the person sells his or her farm;


   (c)  a change takes place in the person's financial situation that affects
        his or her ability to repay the amount concerned.

"(3) This section extends to:
  (a)   events that occur outside Australia; and

  (b)   all people whether or not Australian citizens or Australian
residents.". Section 52: Before subsection (2), insert:

"(1B) If:

   (a)  subsection (1A) has applied to a person because the person sold his or
        her farm; and

   (b)  after the sale the person sells another farm, whether the other farm
        was acquired before or after the sale of the first-mentioned farm;
        that subsection does not apply to the person in respect of the sale of
        the other farm.". Section 53: At the end of the section add the
        following subsection:

"(2) The Secretary to the Department of Primary Industries and Energy may, by
signed writing, delegate to an officer of that Department all or any of his or
her powers under this Act.".
Fisheries Administration Act 1991 Subsection 4(1) (definition of "Australian
Fisheries Council"): Omit the definition. Subsection 4(1): Insert the
following definition:

" 'Ministerial Council' means:

   (a)  subject to paragraph (b), Ministerial Council on Forestry, Fisheries
        and Aquaculture, whether known by that name or any other name; or

   (b)  if another body is prescribed by the regulations for the purposes of
        this definition-that other body;". Paragraph 28(1)(c): Omit the
        paragraph, substitute:

"(c) give to the Ministerial Council a written notice requesting the body to
nominate to the Minister a person for appointment to the Selection Committee;
and". Paragraph 29(1)(d): Omit "Australian Fisheries Council", substitute
"Ministerial Council". Subsection 80(1): Omit the subsection, substitute:

"(1) If a levy amount is received by the Commonwealth after the commencement
of this subsection, there is to be paid to the Authority an amount worked out
using the formula: Levy amount less Deductible component.

"(1A) In subsection (1):
'Levy amount' means any of the following amounts:

   (a)  an amount received by the Commonwealth as levy imposed by the
        Foreign Fishing Boats Levy Act 1981;

   (b)  an amount received by the Commonwealth as levy imposed by the
        Fisheries Levy Act 1984;

   (c)  an amount received by the Commonwealth as levy imposed by the
        Fishing Levy Act 1991;

   (d)  an amount received by the Commonwealth as levy imposed by the
        Foreign Fishing Licences Levy Act 1991;

   (e)  an amount received by the Commonwealth as charge imposed by the
        Statutory Fishing Rights Charge Act 1991;

   (f)  an amount received by the Commonwealth as mentioned in the
        Fisheries Agreements (Payments) Act 1991;

   (g)  an amount received by the Commonwealth in repayment of a loan made
        under a fisheries adjustment program or a fisheries restructuring
        program;

   (h)  an amount received by the Commonwealth as a penalty under section 112
        of the Fisheries Management Act 1991;

   (i)  an amount received by the Commonwealth as a fee under regulations made
        under paragraph 168(2)(e) of the Fisheries Management  Act 1991 ;

   (j)  an amount received by the Commonwealth as a fee under regulations made
        for the purposes of subsection 9(8) of the Fisheries Act 1952; other
        than an amount that is declared by the regulations not to be a levy
        amount for the purposes of this section;
'Deductible component', in relation to a levy amount, means:

   (a)  if, as a result of the receipt by the Commonwealth of the levy amount,
        an amount is required to be paid under subparagraph 30A(1)(a)(i) or
        (ii) of the Primary Industries and Energy Research and  Development
        Act 1989 to an R & D Corporation (within the meaning of that Act)
        established in respect of the fishing industry-an amount equal to the
        amount so required to be paid; or

   (b)  if the levy amount is an amount referred to in paragraph (f) of the
        definition of 'Levy amount'-an amount equal to so much (if any) of the
        levy amount as is determined by the Minister to be an amount paid to
        the Commonwealth for the right to engage in fishing in the Australian
        fishing zone; or

   (c)  if a part of the levy amount is prescribed for the purposes of this
        paragraph-an amount equal to the part so prescribed.". Paragraph
        81(c): At the end of (and as part of) paragraph (c), insert ",
        including, to remove any doubt, any amounts payable to, or received
        by, the Authority for or in respect of publications issued by it".
Fisheries Management Act 1991 Subsection 32(1): Omit the subsection,
substitute:

"(1) AFMA may, upon application made in the approved form, grant to a person a
fishing permit authorising, subject to subsections (1A), (1B) and (1C), the
use by that person, or by a person acting on that person's behalf, of an
Australian boat for fishing in a specified area of the AFZ or a specified
fishery.

"(1A) Subject to subsection (1C), if an Australian boat is specified in the
permit, the permit authorises the use as mentioned in subsection (1) of:

   (a)  subject to paragraph (b)-that boat; or

   (b)  if the person to whom the permit is granted, from time to time, by
        written notice given to AFMA, nominates for the purposes of the permit
        another Australian boat in lieu of that boat-the boat so nominated.

"(1B) Subject to subsection (1C), if no Australian boat is specified in the
permit, the permit authorises the use as mentioned in subsection (1) of such
Australian boat (if any) as the person to whom the permit is granted, from
time to time, by written notice given to AFMA, nominates for the purposes of
the permit.

"(1C) The permit does not authorise the use of an Australian boat unless the
boat complies with any conditions to which the permit is subject.". Paragraph
43(1)(a): Omit the paragraph, substitute:

"(a) to deal with:

        (i)    emergencies; or

        (ii)   other circumstances where urgent action is required for
               purposes related to the management of a fishery; or". Paragraph
               84(1)(f): After the paragraph, insert:

"(fa) if a fishing concession provides for the use of equipment of a
particular type-require the holder of the concession to give the officer such
help as the officer reasonably requires for the purpose of measuring the
equipment; and". Paragraph 84(1)(g): Before "seize", insert "subject to
subsection (1A),". Paragraph 84(1)(k): Omit the paragraph, substitute:

"(k) if the officer has reasonable grounds to believe that a boat has been
used, is being used or is intended to be used in contravention of this Act,
require the master of the boat:

        (i)    if the boat is at a place in Australia or a Territory-to remain
               in control of the boat at that place; or

        (ii)   if the boat is not at a place in Australia or a Territory-to
               bring the boat to such a place, or to a place at sea, specified
               by the officer and to remain in control of the boat at that
               place; until an officer permits the master to depart from that
               place; and". Subsection 84(1): After the subsection, insert:

"(1A) If an officer takes any action under subparagraph (1)(g)(i) or (ii), the
officer must, within 7 days after the action is taken, give written notice of
the grounds for the taking of the action to the person believed by the
officer:

   (a)  if the action is taken in relation to any fish-to have taken,
        processed, carried or landed the fish, as the case may be; or

   (b)  if the action is taken in relation to any boat-to be the owner of the
        boat; or

   (c)  if the action is taken in relation to any net, trap or other
        equipment-to have used, to be using or to be intending to use the net,
        trap or other equipment, as the case may be.". Subsection 91(1): Omit
        "managed" (wherever occurring). Paragraph 91(4)(a): Omit the
        paragraph, substitute:

"(a) if the permit relates to a managed fishery-the permit will cease to have
effect if the plan of management for the fishery is revoked under subsection
20(3);". Subsection 106(1): After "forfeiture of", insert "all or any of the
following". Paragraph 106(1)(a): Omit "or" (last occurring). Paragraph
106(1)(b): Omit "or". Paragraph 168(2)(e): After subparagraph (iii), insert:

"(iiia) the giving of a notice to AFMA nominating an Australian boat under
paragraph 32(1A)(b) or subsection 32(1B); and".
Horticultural Policy Council Act 1987 Section 3: Insert the following
definition:

" 'ARMCANZ' means:

   (a)  subject to paragraph (b), Agriculture and Resource Management Council
        of Australia and New Zealand, whether known by that name or any other
        name; or

   (b)  if another body is prescribed by the regulations for the purposes of
        this definition-that other body;". Paragraph 9(1)(e): Omit "the
        Australian Agricultural Council", substitute "ARMCANZ".
        National Residue Survey Administration Act 1992 Section 7: After
        paragraph (d) insert:

"(da) any amount paid to the Commonwealth for the purposes of the Account;
and". Paragraph 7(e): After "Survey", add "or the Account". Paragraph 8(1)(a):
Omit the paragraph, substitute:

"(a) making payments, in accordance with an expenditure program approved by
the Minister, for purposes related to:

        (i)    the monitoring and reporting of the level of contaminants in
               food products, animal feed, or fibre products, produced in
               Australia or produced from animals or plants produced in
               Australia; and

        (ii)   if the relevant body (as determined by the Minister) in the
               industry concerned agrees to the program extending to
               expenditure under this subparagraph-the testing, either on a
               random basis or in specific cases, of such food products,
               animal feed or fibre products for the purpose of tracing the
               sources, and identifying the causes, of contaminants; and

        (iii)  if the relevant body (as determined by the Minister) in the
               industry concerned agrees to the program extending to
               expenditure under this subparagraph-the prevention of
               contamination in such food products, animal feed or fibre
               products; and". Subparagraph 8(1)(b)(iii): Omit the
               subparagraph, substitute:

"(iii) the carrying out of any activities of the kinds referred to in
subparagraphs (a)(i), (ii) and (iii); and". After paragraph 8(1)(b): Add the
following word and paragraphs:

"; and (c) if an amount that was paid into the Account was given by a person
or body to the Commonwealth for a particular purpose but has not been fully
spent for that purpose-repaying the unspent amount to the person or body; and

   (d)  if an amount that was paid into the Account was appropriated by the
        Parliament for the purposes of the Account on condition that the
        amount be repaid-repaying the amount.".
Primary Industries and Energy Research and Development Act 1989 Paragraph
30A(2)(c):

   (a)  After "to the Corporation" insert "or to the Commonwealth".

   (b)  Before "to the Commonwealth" insert "to the Corporation or".
Primary Industry Councils Act 1991 Section 4: Insert the following definition:

" 'ARMCANZ' means:

   (a)  subject to paragraph (b), Agriculture and Resource Management Council
        of Australia and New Zealand, whether known by that name or any other
        name; or

   (b)  if another body is prescribed by the regulations for the purposes of
        this definition-that other body;". Schedule: Omit from paragraph 4(l)
        of Part 1 "the Australian Agricultural Council", substitute "ARMCANZ".
Rural Industries Research Act 1985 Subsection 4(1): Insert the following
definition:

" 'ARMCANZ' means:

   (a)  subject to paragraph (b), Agriculture and Resource Management Council
        of Australia and New Zealand, whether known by that name or any other
        name; or

   (b)  if another body is prescribed by the regulations for the purposes of
        this definition-that other body;". Paragraph 43(1)(c): Omit "the
        Australian Agricultural Council", substitute "ARMCANZ".
Rural Industries Research (Transitional Provisions and 
Consequential Amendments) Act 1985  Schedule 1: Omit from column 3 of Part IV
"the Australian Agricultural Council", substitute "ARMCANZ".
Sugar Cane Levy Act 1987 Subsection 4(1) (definition of "sugar industry
organisations"): Omit the definition, substitute:

" 'sugar industry organisations' means the organisations prescribed for the
purposes of this definition;".
Wheat Marketing Act 1989 Subsection 3(1) (definition of "grain"): Omit all the
words from and including "pulses,", substitute:

"and pulses, and:

   (a)  where the expression 'grain' is used in relation to the promotion,
        funding or undertaking of research into matters relating to the
        marketing of grain-includes pasture seeds, horticultural seeds and
        tree seeds and any other seeds declared by the regulations to be seeds
        to which this paragraph applies; and

   (b)  where the expression 'grain' is used in relation to value adding
        activities, and the activities concerned relate to seed testing and
        seed certification-includes pasture seeds, horticultural seeds and
        tree seeds and any other seeds declared by the regulations to be seeds
        to which this paragraph applies; and

   (c)  includes products of the soil declared by the regulations to be grain
        for the purposes of this Act;". Subsections 15(6) and (7): Omit the
        subsections. Subsection 94(3): Add at the end the following word and
        paragraph:

"; and (i) prescribing penalties, not exceeding a fine of 10 penalty units,
for offences against the regulations.".
Wool Legislation (Repeals and Consequential Provisions) Act 1993 Paragraph
36(3)(c): Omit "Australian Wool Realisation Commission Act 1993", substitute "
Australian Wool Realisation Commission Act 1991".
Wool Tax Act (No. 3) 1964 Title: Omit "Registered". Paragraph 4(1)(b): Omit
"registered". Subsections 5(1) and (2): Omit "registered".