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Egg Industry Service Provision Act 2002

Authoritative Version
Act No. 116 of 2002 as amended, taking into account amendments up to Rural Research and Development Legislation Amendment Act 2013
An Act relating to service provision for the egg industry
Administered by: Agriculture
Registered 03 Jan 2014
Start Date 13 Dec 2013

Commonwealth Coat of Arms

Egg Industry Service Provision Act 2002

No. 116, 2002 as amended

Compilation start date:                     13 December 2013

Includes amendments up to:            Act No. 146, 2013

 

About this compilation

This compilation

This is a compilation of the Egg Industry Service Provision Act 2002 as in force on 13 December 2013. It includes any commenced amendment affecting the legislation to that date.

This compilation was prepared on 23 December 2013.

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of each amended provision.

Uncommenced amendments

The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in the endnotes.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If a provision of the compiled law is affected by a modification that is in force, details are included in the endnotes.

Provisions ceasing to have effect

If a provision of the compiled law has expired or otherwise ceased to have effect in accordance with a provision of the law, details are included in the endnotes.

  

  

  


Contents

Part 1—Preliminary                                                                                                             1

1............ Short title............................................................................................. 1

2............ Commencement................................................................................... 1

3............ Simplified outline................................................................................ 1

4............ Definitions.......................................................................................... 2

5............ Application of this Act........................................................................ 4

Part 2—Declaration of the industry services body                                            5

6............ Declaration of industry services body................................................. 5

Part 3—Funding of the industry services body                                                   7

7............ Funding contract................................................................................. 7

8............ Appropriation for payments under funding contract etc...................... 8

Part 4—Miscellaneous provisions                                                                               12

9............ Ministerial directions......................................................................... 12

10.......... Delegations....................................................................................... 13

11.......... Compensation for acquisition of property......................................... 13

12.......... Regulations....................................................................................... 14

Endnotes                                                                                                                                    15

Endnote 1—About the endnotes                                                                            15

Endnote 2—Abbreviation key                                                                                17

Endnote 3—Legislation history                                                                             18

Endnote 4—Amendment history                                                                           19

Endnote 5—Uncommenced amendments [none]                                          20

Endnote 6—Modifications [none]                                                                         20

Endnote 7—Misdescribed amendments [none]                                             20

Endnote 8—Miscellaneous [none]                                                                        20


An Act relating to service provision for the egg industry

Part 1Preliminary

  

1  Short title

                   This Act may be cited as the Egg Industry Service Provision Act 2002.

2  Commencement

                   This Act commences on the day on which it receives the Royal Assent.

3  Simplified outline

                   The following is a simplified outline of this Act and the Egg Industry Service Provision (Transitional and Consequential Provisions) Act 2002:

This Act provides for a company to be declared as the industry services body for the Australian egg industry (see Part 2).

It also provides for the industry services body to receive funding from the Commonwealth (see Part 3).

The Egg Industry Service Provision (Transitional and Consequential Provisions) Act 2002 provides for transfers of assets and liabilities to the industry services body from the Rural Industries Research and Development Corporation (which provided services to the Australian egg industry at the time this Act was enacted).

4  Definitions

                   In this Act, unless the contrary intention appears:

Australia, when used in a geographical sense, includes the external Territories.

egg means an egg of a domesticated chicken.

eligible body means a body that is registered under the Corporations Act 2001 as a company limited by guarantee.

funding contract means a contract entered into under section 7.

industry services body means the body declared to be the industry services body under subsection 6(1).

matching amounts means:

                     (a)  amounts of levy imposed under subclause 3(1) of Schedule 16 to the Primary Industries (Excise) Levies Act 1999 at a rate set under paragraph 4(a) of that Schedule and received by the Commonwealth on or after the transfer time; and

                     (b)  amounts a person is liable to pay under section 7 of the Primary Industries Levies and Charges Collection Act 1991 in relation to the levy mentioned in paragraph (a) of this definition that are received by the Commonwealth on or after the transfer time; and

                     (c)  amounts prescribed by the regulations.

Note:          Section 7 of the Primary Industries Levies and Charges Collection Act 1991 concerns liability of intermediaries.

matching payments means payments referred to in paragraph 7(1)(c).

Presiding Officer means:

                     (a)  in relation to the House of Representatives—the Speaker of the House of Representatives; and

                     (b)  in relation to the Senate—the President of the Senate.

promotion amounts means:

                     (a)  amounts of levy (egg levy) imposed on eggs under Schedule 27 to the Primary Industries (Excise) Levies Regulations 1999 and received by the Commonwealth on or after the transfer time; and

                     (b)  amounts a person is liable to pay under section 7 of the Primary Industries Levies and Charges Collection Act 1991 in relation to egg levy that are received by the Commonwealth on or after the transfer time; and

                     (c)  amounts payable under section 15 of the Primary Industries Levies and Charges Collection Act 1991 in relation to egg levy that are received by the Commonwealth on or after the transfer time.

Note:          Section 7 of the Primary Industries Levies and Charges Collection Act 1991 concerns liability of intermediaries and section 15 of that Act concerns penalty for late payment.

promotion payments means payments referred to in paragraph 7(1)(a).

R&D amounts means:

                     (a)  amounts of levy (laying chicken levy) imposed under subclause 3(1) of Schedule 16 to the Primary Industries (Excise) Levies Act 1999 at a rate set under paragraph 4(a) of that Schedule and received by the Commonwealth on or after the transfer time; and

                     (b)  amounts a person is liable to pay under section 7 of the Primary Industries Levies and Charges Collection Act 1991 in relation to laying chicken levy that are received by the Commonwealth on or after the transfer time; and

                     (c)  amounts payable under section 15 of the Primary Industries Levies and Charges Collection Act 1991 in relation to laying chicken levy that are received by the Commonwealth on or after the transfer time.

Note:          Section 7 of the Primary Industries Levies and Charges Collection Act 1991 concerns liability of intermediaries and section 15 of that Act concerns penalty for late payment.

R&D payments means payments referred to in paragraph 7(1)(b).

transfer time means the time declared as the transfer time under section 8 of the Egg Industry Service Provision (Transitional and Consequential Provisions) Act 2002.

5  Application of this Act

                   This Act applies both within and outside Australia.

Part 2Declaration of the industry services body

  

6  Declaration of industry services body

             (1)  The Minister may, in writing, declare an eligible body to be the industry services body if:

                     (a)  the Minister is satisfied that, if the body is so declared, it will comply with its obligations under the funding contract and this Act; and

                     (b)  the Commonwealth and the eligible body have entered into a funding contract.

Note 1:       For information about the assets and liabilities of the eligible body first declared as the industry services body, see the Egg Industry Service Provision (Transitional and Consequential Provisions) Act 2002.

Note 2:       Subsection 33(3) of the Acts Interpretation Act 1901 provides for the repeal, variation etc. of instruments.

             (2)  A declaration under this section must specify the day on and after which the relevant body is to be the industry services body. That day must not be earlier than the day after the day, or the later of the days (as the case may be), that paragraph (3)(a) is complied with.

             (3)  The Minister must cause a copy of each declaration under this section to be:

                     (a)  laid before each House of the Parliament or, if a House is not sitting, presented to the Presiding Officer of that House for circulation to the members of that House and tabling on the next sitting day, within 5 days after the declaration is made; and

                     (b)  published in the Gazette within 14 days after the declaration is made.

             (4)  For the purposes of subsection (3), if a House has been dissolved and the newly‑elected House has not met when a declaration is provided to the Presiding Officer, circulation to the persons who were members of that House immediately before the dissolution is taken to be circulation to the members of the House.

             (5)  To avoid doubt, the function of a Presiding Officer of receiving, circulating and tabling a declaration under subsection (3) is a function of the Presiding Officer for the purposes of the Parliamentary Presiding Officers Act 1965.

             (6)  A declaration is not invalid merely because it has not been published as required under paragraph (3)(b).

Part 3Funding of the industry services body

  

7  Funding contract

             (1)  The Minister may, on behalf of the Commonwealth, enter into a contract for the purposes of this subsection with an eligible body that provides for the Commonwealth to make payments of the following kinds to the body if the body is declared to be the industry services body:

                     (a)  payments referred to as promotion payments;

                     (b)  payments referred to as R&D payments;

                     (c)  payments made in respect of particular financial years, referred to as matching payments.

             (2)  Before entering into a contract for the purposes of subsection (1), the Minister must be satisfied that the terms of the contract make adequate provision to ensure that:

                     (a)  promotion payments are spent by the body on all or any of the following for the benefit of the Australian egg industry:

                              (i)  the marketing of eggs and egg products;

                             (ii)  the promotion of eggs and egg products;

                            (iii)  the provision of industry services; and

                     (b)  R&D payments are spent by the body on research and development activities for the benefit of the Australian egg industry; and

                     (c)  matching payments are spent by the body on:

                              (i)  research and development activities for the benefit of the Australian egg industry and the Australian community generally; and

                             (ii)  making payments to the Commonwealth under subsection 8(3).

             (3)  The contract may require the Commonwealth to pay amounts up to, but not exceeding, the limits applicable under section 8.

Note:          For example, the contract may provide that the Commonwealth will pay a lesser amount so it can deduct the costs of collecting promotion amounts and R&D amounts and have the capacity to deal appropriately with refunds and payments made in error.

             (4)  The contract may include provisions relating to assets and liabilities that are transferred to the body under the contract or the Egg Industry Service Provision (Transitional and Consequential Provisions) Act 2002. This subsection does not impliedly limit the matters that may be included in the contract.

             (5)  This section does not impliedly limit the executive power of the Commonwealth to enter into agreements.

8  Appropriation for payments under funding contract etc.

             (1)  The Consolidated Revenue Fund is appropriated for the purposes of payments by the Commonwealth under the funding contract.

Overall limits for payments

             (2)  The total limit on the appropriation for the purposes of each type of payment under the funding contract is:

                     (a)  for promotion payments—the total amount of promotion amounts; and

                     (b)  for R&D payments—the total amount of R&D amounts; and

                     (c)  for matching payments—the total amount of matching amounts.

          (2A)  Paragraph (2)(c) does not apply if the regulations so provide.

Matching payments—retention limit

             (3)  The matching payments made to the industry services body during a particular financial year are subject to the condition that, if:

                     (a)  before the end of 31 October next following the financial year, the Minister determines the amount of the gross value of egg production in Australia in the financial year; and

                     (b)  as at the end of 31 October next following the financial year, the sum of the matching payments that were paid to the industry services body during the financial year exceeds the lesser of:

                              (i)  0.5% of the amount of the gross value of egg production in Australia in the financial year as determined by the Minister; and

                             (ii)  50% of the amount spent by the industry services body in the financial year on activities that qualify, under the funding contract, as research and development activities;

the industry services body will pay to the Commonwealth an amount equal to the excess.

Note:          This ensures that the sum of the matching payments that are retained by the industry services body in relation to the financial year does not exceed the lesser of the amounts calculated under subparagraphs (b)(i) and (b)(ii).

          (3A)  If:

                     (a)  before the end of 31 October next following a financial year, the Minister has not determined under subsection (3) the amount of the gross value of egg production in Australia in the financial year; and

                     (b)  the Minister has determined under subsection (3) the amount of the gross value of egg production in Australia in the previous financial year;

the Minister is taken to have made, immediately before the end of that 31 October, a determination under subsection (3) that the amount of the gross value of egg production in Australia in the financial year is equal to the amount of the gross value of egg production in Australia determined under subsection (3) for the previous financial year.

          (3B)  An amount payable under subsection (3) by the industry services body:

                     (a)  is a debt due to the Commonwealth; and

                     (b)  may be recovered by the Minister, on behalf of the Commonwealth, by action in a court of competent jurisdiction.

          (3C)  A determination made under subsection (3) is not a legislative instrument.

             (4)  For the purposes of subsection (3), the regulations may prescribe the manner in which the Minister is to determine the gross value of egg production in Australia in a financial year.

Matching payments—unmatched R&D excess

             (5)  If there is an unmatched R&D excess for a financial year, the amount spent by the eligible body in the following financial year on activities that qualify, under the funding contract, as research and development activities is taken, for the purposes of this section (including for the purposes of this subsection and subsection (6)), to be increased by the amount of the unmatched R&D excess.

Note:          This means that research and development expenditure that is not “50% matched” in one financial year because of the cap in paragraph (2)(c) or the condition in subparagraph (3)(b)(i) can be carried forward into later years.

             (6)  For the purposes of subsection (5), there is an unmatched R&D excess for a financial year if:

                     (a)  the eligible body spends a particular amount (the R&D spend amount) in the financial year on activities that qualify, under the funding contract, as research and development activities; and

                     (b)  because of the operation of paragraph (2)(c) or subparagraph (3)(b)(i), the net matching payments for the financial year are less than 50% of the R&D spend amount;

and the amount of the unmatched R&D excess is:

Set off

             (7)  If:

                     (a)  an amount (the first amount) is payable by the industry services body under subsection (3); and

                     (b)  another amount (the second amount) is payable by the Commonwealth to the industry services body under the funding contract;

the Minister may, on behalf of the Commonwealth, set off the whole or a part of the first amount against the whole or a part of the second amount.

Net matching payments

             (8)  For the purposes of this section, net matching payments for a financial year means the total of the matching payments made to the industry services body during the financial year, less the amount payable by the industry services body under subsection (3) as a condition of those matching payments.

Part 4Miscellaneous provisions

  

9  Ministerial directions

             (1)  The Minister may give a written direction to the industry services body if:

                     (a)  the Minister:

                              (i)  is satisfied that the direction is in Australia’s national interest because of exceptional and urgent circumstances; and

                             (ii)  is satisfied that the direction would not require the body to incur expenses greater than the sum of the amounts previously paid to the body under the funding contract that have not been spent or committed and the amounts the body will receive under the funding contract during the period to which the direction relates; and

                            (iii)  has given the body’s directors an adequate opportunity to discuss with the Minister the need for the proposed direction and the impact of compliance with subsection (3) on the body’s commercial activities; and

                     (b)  the direction is made for a purpose that is within the Commonwealth’s legislative power.

             (2)  If the body is given a direction under subsection (1), it must comply with it.

             (3)  Subject to subsection (4), if the Minister gives a direction to the body under subsection (1):

                     (a)  the Minister must cause a copy of the direction:

                              (i)  to be published in the Gazette as soon as practicable after giving the direction; and

                             (ii)  to be tabled in each House of the Parliament within 5 sitting days of that House after giving the direction; and

                     (b)  the annual reports of the body applicable to periods in which the direction has effect must include:

                              (i)  particulars of the direction; and

                             (ii)  an assessment of the impact that the direction has had on the operations of the body during the period.

             (4)  Subsection (3) does not apply in relation to a particular direction if:

                     (a)  the Minister, on the recommendation of the body, determines, in writing, that compliance with the subsection would, or would be likely to, prejudice the commercial activities of the body; or

                     (b)  the Minister determines, in writing, that compliance with the subsection would be contrary to the public interest.

             (5)  The Minister is not to be taken to be a director of the body for the purposes of the Corporations Act 2001 merely because of the power conferred on the Minister by this section.

             (6)  The Commonwealth is not to be taken to be in a position to exercise control over the body merely because of the power conferred on the Minister by this section.

10  Delegations

             (1)  The Minister may delegate all or any of the Minister’s powers and functions under this Act or the regulations to:

                     (a)  the Secretary of the Department; or

                     (b)  an SES employee, or acting SES employee, in the Department.

The delegation must be in writing.

             (2)  In exercising powers or functions under a delegation, the delegate must comply with any directions of the Minister.

11  Compensation for acquisition of property

             (1)  If:

                     (a)  apart from this section, the operation of this Act would result in the acquisition of property from a person otherwise than on just terms; and

                     (b)  the acquisition would be invalid because of paragraph 51(xxxi) of the Constitution;

the Commonwealth is liable to pay the person a reasonable amount of compensation in respect of the acquisition.

             (2)  If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.

             (3)  In this section:

acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.

just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.

12  Regulations

                   The Governor‑General may make regulations prescribing matters:

                     (a)  required or permitted by this Act to be prescribed; or

                     (b)  necessary or convenient to be prescribed for carrying out or giving effect to this Act.


Endnotes

Endnote 1—About the endnotes

The endnotes provide details of the history of this legislation and its provisions. The following endnotes are included in each compilation:

 

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnote 5—Uncommenced amendments

Endnote 6—Modifications

Endnote 7—Misdescribed amendments

Endnote 8—Miscellaneous

 

If there is no information under a particular endnote, the word “none” will appear in square brackets after the endnote heading.

 

Abbreviation key—Endnote 2

The abbreviation key in this endnote sets out abbreviations that may be used in the endnotes.

 

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

 

The legislation history in endnote 3 provides information about each law that has amended the compiled law. The information includes commencement information for amending laws and details of application, saving or transitional provisions that are not included in this compilation.

 

The amendment history in endnote 4 provides information about amendments at the provision level. It also includes information about any provisions that have expired or otherwise ceased to have effect in accordance with a provision of the compiled law.

 

Uncommenced amendments—Endnote 5

The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in endnote 5.

 

Modifications—Endnote 6

If the compiled law is affected by a modification that is in force, details of the modification are included in endnote 6.

 

Misdescribed amendments—Endnote 7

An amendment is a misdescribed amendment if the effect of the amendment cannot be incorporated into the text of the compilation. Any misdescribed amendment is included in endnote 7.

 

Miscellaneous—Endnote 8

Endnote 8 includes any additional information that may be helpful for a reader of the compilation.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

pres = present

am = amended

prev = previous

c = clause(s)

(prev) = previously

Ch = Chapter(s)

Pt = Part(s)

def = definition(s)

r = regulation(s)/rule(s)

Dict = Dictionary

Reg = Regulation/Regulations

disallowed = disallowed by Parliament

reloc = relocated

Div = Division(s)

renum = renumbered

exp = expired or ceased to have effect

rep = repealed

hdg = heading(s)

rs = repealed and substituted

LI = Legislative Instrument

s = section(s)

LIA = Legislative Instruments Act 2003

Sch = Schedule(s)

mod = modified/modification

Sdiv = Subdivision(s)

No = Number(s)

SLI = Select Legislative Instrument

o = order(s)

SR = Statutory Rules

Ord = Ordinance

Sub‑Ch = Sub‑Chapter(s)

orig = original

SubPt = Subpart(s)

par = paragraph(s)/subparagraph(s)

/sub‑subparagraph(s)

 

 

Endnote 3—Legislation history

 

Act

Number and year

Assent

Commencement

Application, saving and transitional provisions

Egg Industry Service Provision Act 2002

116, 2002

2 Dec 2002

2 Dec 2002

 

Financial Framework Legislation Amendment Act (No. 2) 2012

82, 2012

28 June 2012

Schedule 1 (items 44–53): 29 June 2012

Sch. 1 (items 52, 53)

Rural Research and Development Legislation Amendment Act 2013

146, 2013

13 Dec 2013

Sch 5 (items 3, 4) and Sch 9 (item 1): Royal Assent

 

Endnote 4—Amendment history

 

Provision affected

How affected

Pt 1

 

s 4........................................

am No 146, 2013

Part 3

 

s. 7.......................................

am. No. 82, 2012; No 146, 2013

Heading to s. 8.....................

rs. No. 82, 2012

s. 8.......................................

am. No. 82, 2012; No 146, 2013

Note to s. 8(5) .....................

am. No. 82, 2012

 

Endnote 5—Uncommenced amendments [none]

Endnote 6—Modifications [none]

Endnote 7—Misdescribed amendments [none]

Endnote 8—Miscellaneous [none]