New South Wales Bills Explanatory Notes New South Wales Bills Explanatory Notes[Index] [Search] [Download] [Bill] [Help]
Control Funding) Bill 1998
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.*
Under the Bill. the Minister may declare that services for the control of any
particular disease in livestock are to be funded under the proposed Act (a
designated disease control service). Once such a service is designated. the
Minister may establish an industry contribution fund for voluntary
contributions from the relevant livestock producers to fund the service. If that
funding may be insufficient. the Minister may establish an industry levy fund
from a compulsory levy on ratable land used by the relevant livestock
producers based on the livestock carrying capacity of the land. Appropriate
exemptions are provided from the compulsory levy for persons who make a
minimum contribution to the industry contribution fund to fund the
designated service concerned. The Bill establishes an industry advisory
committee for each designated service to advise the Minister on the funding
of the service under the proposed Act.
* Amended in committee-see
table at end of volume.
Preliminary
Clause 1 sets out the name (also called the short title) of the proposed Act.
Clause 2 provides for the commencement of the proposed Act on a day or
days to be appointed by proclamation.
Clause 3 defines certain words and expressions used in the proposed Act. In
particular:
(a) Director-General is defined to mean the Director-General of the
Department of Agriculture,
(b) industry fund is defined to mean an industry contribution fund or
industry levy fund under the proposed Act.
Clause 4 provides that notes in the text of the proposed Act do not form part
of the Act.
Part 2
Disease control services
Clause 5 defines a disease control service for the purposes of the proposed
Act. Such a service may include programs for the detection of a disease, for
the control of the disease. for research into the disease and for assistance to
livestock producers adversely affected by the disease.
Clause 6 authorises the Minister. by order in the Gazette. to approve the
funding of a disease control service under the proposed Act for the purpose
of assisting the relevant sector of the agricultural industry to control a disease
that is a significant risk to the livelihood of livestock producers. Any such
service is a designated service. the disease is a designated disease and the
producers are designated livestock producers.
Clause 7 requires the Minister to establish an industry advisory committee
(comprising a majority of designated livestock producers) for each
designated service. Such a committee is to advise the Minister on the funding
of the service under the proposed Act.
Part 3
Voluntary industry funding
Clause 8 requires the Director-General to establish an industry contribution
fund for each designated service.
Clause 9 provides that the purpose of an industry contribution fund is to
provide a means by which the relevant livestock producers can make
appropriate contributions to fund the disease control service provided to
them.
Explanatory note page 2
Clause 10 requires voluntary contributions of livestock producers and
others to be paid into the industry contribution fund.
Clause 11 provides for the payment from the fund of costs to fund the
designated service (as approved by the Minister after consultation with the
relevant industry advisory committee). The clause also authorises the
payment from the fund of the costs of the administration of the fund and of
the industry advisory committee.
Part 4
Compulsory industry funding
Clause 12 authorises the Minister to impose, in respect of a designated
disease control service, an industry levy under the proposed Act to assist the
funding of the designated service if the relevant industry contribution fund
may not be sufficient for that purpose.
Clause 13 provides that the industry levy is a special rate levied on the
occupiers of ratable land under the Rural Lands Protection Act 1989 on
which designated livestock is raised. The special rate is to be levied
according to the carrying capacity of the land. The clause provides that a levy
is not payable if the person liable to pay the levy has made a contribution to
the industry contribution fund during the levy period of the relevant
minimum amount determined by the Minister.
Clause 14 specifies the period for which industry levies are payable
Clause 15 provides for the Minister to fix the rate of an industry levy.
Clause 16 gives a person who has made the relevant minimum contribution
to an industry contribution fund an entitlement to a refund of any industry
levy that has been paid by the person during the relevant levy period.
Clause 17 requires the Director-General to establish a separate industry levy
fund for money collected from an industry levy.
Clause 18 requires money received from an industry levy to be paid into the
relevant industry levy fund.
Clause 19 provides for the payment from the fund of costs to fund the
designated service (as approved by the Minister after consultation with the
relevant industry advisory committee). The clause also authorises the
payment from the fund of the costs of collecting the levy and the costs of the
administration of the fund.
Explanatory note page 3
Part 5
Collection of industry levies
Clause 20 provides that the Part applies to the collection of industry levies.
Clause 21 enables the Director-General to obtain from rural lands protection
boards the information required for the purposes of imposing and collecting
an industry levy.
Clause 22 provides for collection of industry levies by the relevant rural
lands protection boards and the payment of the money collected to the
Director-General.
Clause 23 applies the provisions of the Rural Lands Protection Act 1989
relating to the collection of rates under that Act to the collection of industry
levies.
Clause 24 enables livestock producers to seek a review by the
Administrative Decisions Tribunal of decisions of the Director-General with
respect to industry levies.
Part 6
General provisions relating to industry funds
Clause 25 provides for the investment of money in the industry funds.
including their investment as a common pool.
Clause 26 authorises internal loans between industry funds.
Clause 27 enables the Director-General to appoint the Rural Assistance
Authority or any other body as an agent to administer any expenditure from
an industry fund.
Clause 28 provides for the audit of industry funds by the Auditor-General.
Clause 29 requires the Director-General to prepare annual reports for the
Minister and Parliament on the operation of industry funds.
Part 7
Miscellaneous
Clause 30 provides that the proposed Act binds the Crown.
Clause 31 provides for the summary disposal of proceedings for offences
under the proposed Act.
Clause 32 empowers the making of regulations for the purposes of the
proposed Act.
Clause 33 gives effect to the Schedule of savings. transitional and other
Explanatory note page 4
Clause 34 provides for a review of the proposed Act after 5 years.
Schedule 1 sets out machinery provisions relating to the constitution and
procedure of industry advisory committees.
Schedule 2 contains savings, transitional and other provisions. In particular,
the Schedule empowers the making of savings and transitional regulations
and makes consequential amendments to the Act on the commencement of
legislation that replaces the Rural Lands Protection Act 1989.
Explanatory note page 5