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Agricultural Standards
AGRICULTURAL STANDARDS BILL 1994
EXPLANATORY NOTES
GENERAL OUTLINE
Objective of the Legislation
The objective of the Bill is to--
· rationalise the regulatory controls over the quality and sale of
seeds, stock foods and fertilisers;
· continue to provide the administrative framework for the
operation of certification schemes for the genetic purity of seed;
· consolidate the controls over the use and non-use of hormonal
growth promotants (HGP's) in cattle; and
· facilitate the transfer of the registration of agricultural and
veterinary chemicals to the National Registration Authority.
Reasons for the Bill
Since 1991, there have been a number of factors necessitating a review of
and changes to the Agricultural Standards Act 1952. These include--
· the Public Sector Management Commission (PSMC) Review of
the Queensland Department of Primary Industries. One of the
recommendations of this Review was that "The Agricultural
Standards Act 1952 be reviewed with the view to determining if
any or all agricultural inputs can be excluded from the provisions
of the legislation.";
· the Systematic Review of Business Legislation in Queensland,
undertaken in accordance with the requirements of the Business
Regulation and Review Unit (BRRU) of the Department of
Business, Industry and Regional Development;
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Agricultural Standards
· the introduction of mutual recognition legislation and its
consequent impact on Queensland producers and manufacturers;
· national working parties' proposals for uniform controls over the
quality and sale of seeds, stock foods and fertilisers;
· the introduction of national registration for agricultural and
veterinary chemicals, to replace existing State registration
controls.
The impact of each of these factors is discussed in detail below.
PSMC Review
As a result of the PSMC review, consultation took place regarding the
controls required over the quality and sale of seeds, stock foods, fertilisers
and agricultural and veterinary (agvet) chemicals. The pending introduction
of national registration for agvet chemicals was recognised, and the
abolition of State registration controls currently in the Agricultural
Standards Act 1952 was supported. Produce, seed and grain merchants and
stock foods and fertiliser manufacturers favoured the elimination of the
current quality standards and regulatory controls over the sale of these
commodities. However, producer industry bodies generally favoured the
retention of existing controls. All organisations consulted favoured the
retention of certification schemes to protect the genetic purity of seed.
BRRU Review
The BRRU Reviews are essentially focussed on reducing government
regulation in business. The review of the Agricultural Standards Act 1952
therefore questioned the need for controls such as registration, labelling, and
quality parameters in relation to the sale of seeds, stock foods and fertilisers.
Mutual Recognition
Controls over the quality and sale of agricultural inputs such as seeds,
fertilisers and stock foods, vary from State to State. Queensland, in
particular, has more stringent controls over these commodities than many
other States. For example, Queensland is the only State which prescribes
minimum physical quality criteria for uncertified seed. With the
introduction of mutual recognition legislation, Queensland seed producers
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Agricultural Standards
have been disadvantaged through having to comply with their State's
rigorous quality criteria, and compete with seed from other States which do
not have to comply with the criteria.
National Uniformity
National committees and working parties on seeds, stock foods and
fertilisers have been reviewing the controls over the quality and sale of these
commodities for some time. These groups have made recommendations
regarding the abolition of registration for some commodities and uniformity
in labelling requirements and physical/purity criteria. The recommendations
have the support of industry.
National Registration
The Commonwealth and the States and Territories have agreed on the
introduction of a national registration scheme for agvet chemicals. The
Commonwealth has introduced legislation providing for the scheme and all
States and Territories will give effect to the agreement through the abolition
of State registration controls and the introduction of legislation which will
adopt the Commonwealth legislation as State laws. The provisions for the
registration of agvet chemicals in Queensland are currently contained in the
Agricultural Standards Act 1952.
Substantial amendments to the existing Act would be needed to
implement the changes necessary to provide for all of the above factors. It
was considered more appropriate for the existing Agricultural Standards
Act 1952 to be repealed and replaced by a new Bill.
Repeal of the existing Act would cater for--
· the abolition of the provisions for the registration of stock foods
and fertilisers and the existing quality criteria for these
commodities and seed; and
· the abolition of the provisions for registration and controls over
the sale of agvet chemicals.
The new Bill provides for standards to be made with respect to--
· seed certification schemes to protect the genetic purity of certain
seed;
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Agricultural Standards
· the labelling of seed, stock foods and fertilisers offered for sale;
and
· prohibited materials and harmful ingredients in seed, stock foods
and fertilisers.
The introduction of a new Bill was seen as opportune for the inclusion of
provisions relating to hormonal growth promotants (HGP's), used in cattle.
Retention of HGP sensitive international markets and increasing
discrimination by local consumers has led to demands for a national
system, supported by individual State legislation which provides consumers
with the utmost confidence that meat products are HGP free. The complex
nature of the control system has required elements of this legislative support
to reside in regulations under the Stock Act 1915, the Chemical Usage
(Agricultural and Veterinary) Control Act 1988, the Agricultural Standards
Act 1952 and the Export Control Act 1982 (Commonwealth).
The necessity to include these provisions has arisen from an agreement
between the Commonwealth and the States to urgently revise the existing
HGP control system and to make the system operationally more effective
and administratively simpler.
Estimated Cost for Government Implementation
There will be no additional cost to the government with the
implementation of the legislation.
Rationalisation of resources in anticipation of the amendments to the
legislation took place during 1992/93 and 1993/94, resulting in cost savings
to the government of approximately $300,000 for the activities other than
the registration of agvet chemicals. The savings to the government
associated with the implementation of the national registration scheme for
agvet chemicals have amounted to a further $250,000.
The infrastructure for the enforcement of HGP controls is already in
existence. This Bill simply consolidates the existing control provisions.
Consultation
Extensive consultation took place with industry and other government
bodies following the PSMC Review in 1991. A discussion paper
canvassing comments on options for legislative amendments was released
at that time.
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Agricultural Standards
Producer organisations, such as the Queensland Graingrowers
Association, the Queensland Farmers Federation, Canegrowers, and the
Queensland Fruit & Vegetable Growers Association expressed some
opposition to the removal of registration, surveillance and inspection
arrangements. They generally favoured the retention of existing controls.
However, these organisations now recognise the impacts of mutual
recognition legislation and the need for national uniformity in regulatory
controls and no further concerns regarding the proposals have been
expressed.
There has been strong support from the outset from stock food and
fertiliser manufacturers and from produce, seed and grain merchant groups
for the introduction of the new legislation. There has also been universal
support for the retention of seed certification, mandatory labelling
provisions, and for the national registration of agvet chemicals.
Cabinet also approved the release of an information paper to advise
industry of the proposals for amendments to the legislation. That paper was
released in April 1994. It was not intended to elicit further comment or
discussion from industry.
BRRU has been involved throughout this consultation process and has
endorsed the proposals outlined in the information paper. On 21 July 1994,
BRRU advised that it would recommend to Cabinet in its next report, that
the review of the Agricultural Standards Act 1952 be accepted as
completed.
HGP's
Agriculture and Resource Management Council of Australia and New
Zealand (ARMCANZ) (July 1993) endorsed in principle the revisions to
the HGP control system to be implemented from 1 January 1994. Further
discussion and meetings have been held with relevant Commonwealth and
other States/Territories departments to obtain a consistent and
complementary national approach. The government/industry Beef Residue
Management Group Draft Strategic Plan (March 1994) recommended that
the States implement a statutory tag identification system and amend
legislation as required. Standing Committee on Agriculture and Resource
Management (SCARM) (April 1994) has also noted the need for an
effective national HGP control system and has called for any further action
which may be necessary to assist the credibility of the system. Within
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Agricultural Standards
Queensland regular consultation with the Queensland Livestock and Meat
Authority (QLMA) and the Australian Quarantine and Inspection Service
(AQIS) has taken place.
A number of meetings have been convened which have been attended by
representatives of the cattle and meat industry organisations and associated
commercial interests. These organisations have included:
United Graziers Association
Cattlemen's Union
Queensland Meat Exporters Association
Queensland Livestock, Property and Produce Brokers Association
Australian Lot Feeders Association
Australian and Veterinary Chemicals Association
Cattle Council of Australia
Australian Meat and Livestock Corporation
These contacts have been continued in both formal and informal ways
and a State coordinating group for HGP's has been established to facilitate
the process and to develop a formal mechanism for ensuring timely and
appropriate communication channels.
All parties have expressed commitment to the system and are in
agreement with the policy.
Further meetings with industry are planned to develop the timetable for
implementation and to coordinate publicity prior to the introduction of any
changes to the system.
The proposal has no direct impact on the community. Provided the
substance is legally registered and used according to directions, HGP
residues in meat are permissible provided they are below the maximum
residue limit. Concerns have been expressed by the Queensland
Consumers Association Inc in correspondence to the Minister for Primary
Industries that a system of distinction between treated and untreated animals
is not required within Queensland. The provision of a regulatory
framework which meets European standards would provide the same
assurance to the Australian community if an extension to the local market is
demanded in the future.
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Agricultural Standards
NOTES ON PROVISIONS
PART 1--PRELIMINARY
Clause 1 sets out the short title of the Bill.
Clause 2 provides for the commencement by proclamation.
Clause 3 establishes that the main object of the Bill is to provide for the
making of standards about agriculture and indicates how that object is to be
achieved.
Clause 4 defines words and phrases used in the Bill.
PART 2--STANDARDS
Clause 5 allows the chief executive to make standards about agriculture
including standards about:--
(a) protecting the genetic purity or other qualities of seed for
agriculture;
(b) regulating the ingredients of agricultural requirements;
(c) labelling and packing of agricultural requirements;
(d) selling or using hormonal growth promotants; or
(e) marking or non-marking of stock in relation to the use or non-use
of hormonal growth promotants.
The standard can also create offences with a maximum penalty of 20
penalty units.
Clause 6 provides for a standard to be subordinate legislation.
Clause 7 allows the chief executive to establish advisory committees to
advise the chief executive about standards.
Clause 8 sets out the procedure to make a standard including requiring
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the chief executive to prepare a draft standard and take reasonable steps to
engage in consultation about that draft standard.
Clause 9 provides that compensation is not payable merely because the
standard is made, amended or repealed.
Clause 10 provides for a regulation to prevail over a standard if there is
any inconsistency between the regulation and the standard, to the extent of
that inconsistency.
PART 3--OFFENCES ABOUT AGRICULTURE
Clause 11 prohibits the selling of an agricultural requirement unless it is
packed or labelled in a way required by a standard.
Maximum penalty--$3,000 (50 penalty units).
Clause 12 creates an offence for a person to make a false or misleading
representation about an agricultural requirement in the course of trade or
commerce and in connection with the supply or possible supply of that
agricultural requirement. To omit from a statement attached to an
agricultural requirement anything that to the person's knowledge would be
misleading in a material particular is also an offence.
Maximum penalty--$3,000 (50 penalty units).
Clause 13 prohibits a person from possessing an agricultural
requirement that contains a prohibited material or too much of a harmful
ingredient, in the course of trade or commerce in connection with the supply
or possible supply of that agricultural requirement. A standard can
prescribe things that are prohibited materials or harmful ingredients, and the
maximum amount of harmful ingredients that can be included in an
agricultural requirement.
Maximum penalty--$3,000 (50 penalty units).
Clause 14 creates an offence for a person to make a false or misleading
representation about the use or non-use of a hormonal growth promotant in
the course of trade or commerce.
Maximum penalty--$3,000 (50 penalty units).
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PART 4--ENFORCEMENT OF ACT
Clause 15 provides for the chief executive to appoint inspectors provided
the person has the necessary expertise or experience, or has satisfactorily
completed approved training.
Clause 16 allows for an inspector's powers to be limited by regulation,
condition of appointment or by written notice from the chief executive to the
inspector.
Clause 17 provides for an inspector to hold office on conditions set out
in the instrument of appointment, and sets out how an appointment may
terminate.
Clause 18 provides for requirements in relation to an inspector's identity
card, and its return when the person ceases to be an inspector. Failure to
return the identity card when a person ceases to be an inspector is an
offence.
Maximum penalty--$600 (10 penalty units).
Clause 19 provides for an inspector to produce an identity card for
inspection, when the inspector is exercising a power.
Clause 20 provides for an inspector to enter places in certain
circumstances. For example, if the place is a public place and the entry is
made when the place is open to the public, or if the occupier consents to the
entry.
Clause 21 sets out the process by which an inspector can obtain consent
to entry of a place, and the completion of an acknowledgment by the
occupier if consent is given.
Clause 22 provides for an inspector to apply to a Magistrate for a warrant
to enter a place, and for a Magistrate to issue the warrant if satisfied the
inspector has reasonable grounds for suspecting that evidence may be
gained in respect of an offence against the Act and the evidence is, or may
be within the next seven days, at the place.
Clause 23 allows an inspector to apply for a warrant by phone, fax and
other forms of communication if necessary because of urgent
circumstances or other special circumstances, such as the inspector's
remote location. The clause also provides for procedures for the inspector
to obtain a warrant in those special circumstances.
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Clause 24 provides for an inspector to enter a vehicle if the inspector
suspects the vehicle is being or has been used to commit an offence against
the Act, and the vehicle or something in the vehicle may provide evidence
of an offence against the Act. The clause also sets out powers in relation to
how the inspector may enter the vehicle. Failure to comply with an
inspector's requirement is an offence.
Maximum penalty--$2,400 (40 penalty units).
Clause 25 provides a power for an inspector, who enters a vehicle, to
seize something in the vehicle if the inspector believes on reasonable
grounds the thing is evidence of an offence against the Act. Tampering
with a seized thing can amount to an offence.
Maximum penalty--$2,400 (40 penalty units).
Clause 26 provides for the inspector to give written notice to enable a
thing to be seized and require the person to take it to a stated place or to
remain in control of the seized thing.
Maximum penalty--$2,400 (40 penalty units).
Clause 27 requires an inspector to give a receipt for anything seized.
Clause 28 allows the owner of a seized thing to gain access to that thing
for certain purposes.
Clause 29 provides for a seized thing to be returned to the owner in
certain circumstances.
Clause 30 provides for an inspector to require the owner of a seized thing
to alter it to make it comply with the Act, if possible. If the alteration does
not take place, then the seized thing will be forfeited to the State.
Clause 31 provides for the forfeiture of a seized thing if it cannot be
made to comply with the Act and it is necessary to retain it to prevent the
commission of an offence.
Clause 32 provides for a seized thing to be forfeited to the State if the
owner cannot be located or it cannot be returned to its owner.
Clause 33 sets out inspectors' powers after entering places or vehicles,
including such things as searching the place or vehicle, copying documents
found in the place or vehicle and taking samples of anything in the place or
vehicle.
Maximum penalty--$2,400 (40 penalty units).
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Clause 34 provides for an inspector to require a person to state that
person's name and address if the inspector finds the person committing an
offence against the Act or finds the person in circumstances that lead the
inspector to suspect the person has just committed an offence against the
Act. The person does not commit an offence of failing to provide a name
and address if that person is not convicted of the original offence.
Maximum penalty--$2,400 (40 penalty units).
Clause 35 provides for an inspector to require the production of
documents that must be kept under the Act. The inspector may keep the
document for such things as making copies of the document.
Maximum penalty--$3,000 (50 penalty units).
Clause 36 provides for an inspector to destroy an agricultural
requirement which the inspector believes is a serious risk of potential harm
to such things as health, trade or commerce or the environment.
Maximum penalty--$4,800 (80 penalty units).
Clause 37 allows the chief executive to have a sample analysed which
has been taken by an inspector. The clause also provides for an offence for
tampering with the sample.
Maximum penalty--$2,400 (40 penalty units).
Clause 38 allows the chief executive to publish a document containing
such things as the analysis results, the name and address of the person who
manufactured the analysed thing and an explanation of the analysis results.
Clause 39 provides for an offence to be created if a person gives false or
misleading information to an inspector in a material particular, or omits
from a statement to an inspector information which makes the statement
misleading in a material particular.
Maximum penalty--$2,400 (40 penalty units).
Clause 40 provides for an offence to be created if a person supplies a
document containing information which the person knows is false,
misleading or incomplete in a material particular. It is not an offence if the
person when supplying the document informs the chief executive or an
inspector how the document is false, misleading or incomplete.
Maximum penalty--$2,400 (40 penalty units).
Clause 41 allows for a person to claim compensation from the State if
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that person incurs loss or expense arising from the exercise of a power
under the Act, if a court is satisfied that it would be just to make the order in
the circumstances of the particular case.
Clause 42 allows for a court to order the forfeiture of something, the
subject of an offence, if a person is convicted of the offence.
Clause 43 provides that something forfeited to the State becomes the
State's property and may be dealt with as the chief executive considers
appropriate.
Clause 44 provides for an inspector to give notice to the owner of a thing
if the inspector damages that thing when exercising a power under the Act.
Clause 45 prohibits a person obstructing an inspector exercising a power
under the Act.
Maximum penalty--$3,600 (60 penalty units).
Clause 46 prohibits persons from pretending to be inspectors.
Maximum penalty--$3,600 (60 penalty units).
PART 5--REVIEW OF CHIEF EXECUTIVE'S
DECISIONS
Clause 47 provides for an appeal to the chief executive by persons who
are adversely affected by a decision under certain parts of the Act.
Clause 48 provides for an appeal of a decision to be made within 28 days
after notice of the decision is given to the person.
Clause 49 requires the chief executive to make a decision on an
application for review within 28 days after the application is made, and if
the decision is not made within that time the original decision is confirmed.
Clause 50 allows for an applicant for a review of a decision to apply to a
Magistrates Court for a stay of the decision.
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PART 6--APPEALS
Clause 51 provides for an appeal to a Magistrates Court by a person
dissatisfied with a decision of the chief executive or an inspector, but only if
the person has sought a review of the decision by the chief executive.
Clause 52 sets out the procedure for making an appeal to the Magistrates
Court.
Clause 53 allows for a Magistrates Court to grant a stay of the decision
appealed against.
Clause 54 sets out the powers of the Magistrates Court on appeal.
Clause 55 provides that if the Magistrates Court substitutes another
decision then the substituted decision is taken to be the chief executive's
decision.
Clause 56 allows rules of court to be made for appeals to the court.
Clause 57 provides that an appeal to the District Court from a decision of
a Magistrates Court can only be made on a question of law.
PART 7--LEGAL PROCEEDINGS
Clause 58 provides that an offence against the Act is to be a summary
offence brought under the Justices Act 1886.
Clause 59 provides that a person who attempts to commit an offence
commits an offence with the maximum penalty of half of the maximum
penalty for actually committing the offence.
Clause 60 limits the time in which a proceeding for an offence can be
brought.
Clause 61 provides for the chief executive to issue certificates which will
be evidence of specified matters as stated in the certificate, such as whether
at a particular time the person stated in the certificate was the holder of an
approval or a licence.
Clause 62 provides for notice to be given to the chief executive in relation
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Agricultural Standards
to a prosecution if the person intends to challenge specified matters, such as
the appointment of the chief executive or an inspector.
Clause 63 provides for a certificate or report of the result of an analysis
to be evidence of the contents of that certificate or report, if it is signed by a
person competent to make the analysis.
Clause 64 provides that if a person is convicted of an offence the court
may order that person to pay the costs of the analysis.
Clause 65 provides for an indemnity to be given, to inspectors or
persons acting under the direction of inspectors, by the State.
PART 8--MISCELLANEOUS
Clause 66 provides for a power of delegation of the chief executive.
Clause 67 provides a power for the Governor in Council to make
regulations.
PART 9--TRANSITIONAL PROVISIONS
Clause 68 provides for definitions which relate to Part 9.
Clause 69 provides for existing permissions to continue in effect as if
made under the new Act unless the permission would permit something
that could not be permitted under the new Act.
Clause 70 provides for existing inspectors' appointments to continue for
a period of 6 months after the commencement of the Act.
Clause 71 provides for an order, direction, requirement or other decision
made under the existing Act to continue as if it were made under the new
Act.
Clause 72 provides for a regulation or rule made under the existing Act
to continue in effect for 6 months after the commencement of the new Act.
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Clause 73 allows the Governor in Council to make a regulation in
relation to transitional matters if the Governor in Council considers that no
provision or insufficient provision has been made for that transitional
matter.
Clause 74 provides for the Minister to review the Act as soon as
practicable after 5 years from the commencement of the Act.
PART 10--REPEALS
Clause 75 provides for a number of Acts to be repealed.
© The State of Queensland 1994