A Bill for an Act to amend and repeal various Acts administered by the Department of Agriculture and Water Resources, and for related purposes
The Parliament of Australia enacts:
1 Short title
This Act is the Agriculture and Water Resources Legislation Amendment Act 2016.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
| Commencement information |
| Column 1 | Column 2 | Column 3 |
| Provisions | Commencement | Date/Details |
| 1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day this Act receives the Royal Assent. | |
| 2. Schedule 1, items 1 to 52 | The day after this Act receives the Royal Assent. | |
| 3. Schedule 1, items 53 and 54 | The later of: (a) immediately after the commencement of the provisions covered by table item 2; and (b) immediately after the commencement of Schedule 9 to the Regulatory Powers (Standardisation Reform) Act 2016. However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. | |
| 4. Schedule 1, items 55 to 57 | The day after this Act receives the Royal Assent. | |
| 5. Schedule 1, Part 2 | The later of: (a) 1 January 2017; and (b) the day after this Act receives the Royal Assent. | |
| 6. Schedule 2 | The day after this Act receives the Royal Assent. | |
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 Schedules
Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendments
Part 1—Main amendments
Agricultural and Veterinary Chemicals (Administration) Act 1992
1 Section 4
Repeal the following definitions:
(a) definition of Advisory Board;
(b) definition of Board member;
(c) definition of Chair.
2 Subsection 8(3)
Repeal the subsection.
3 Part 3 (heading)
Repeal the heading, substitute:
Part 3—Constitution of APVMA and committees
4 Divisions 2, 3 and 4 of Part 3
Repeal the Divisions.
5 Subsection 28(2)
Omit “(whether Board members or not)”.
6 Subsections 29A(1) and (2)
Omit “(other than a Board member)”.
7 Section 32A
Repeal the section.
8 Subsection 33(2)
Repeal the subsection.
9 Paragraph 69EP(7)(a)
Repeal the paragraph, substitute:
(a) is the Chief Executive Officer of the APVMA; or
10 Transitional provision—transfer of records and documents of Advisory Board to the Department
(1) This item applies to any records or documents that were in the possession of the Advisory Board immediately before the commencement of this item.
(2) The records and documents are to be transferred to the Department after the commencement of this item.
Note: The records and documents transferred are Commonwealth records for the purposes of the Archives Act 1983.
Agricultural and Veterinary Chemicals Code Act 1994
11 Subparagraph 8E(2)(b)(i) of the Code set out in the Schedule
Repeal the subparagraph, substitute:
(i) the names, or proposed names, of the active constituents concerned; and
12 Paragraph 117A(1)(a) of the Code set out in the Schedule
Omit “suspend or cancel the approval, or suspend or cancel the registration, as the case may be”, substitute “suspend or cancel the permit”.
13 Application provision
The repeal and substitution of subparagraph 8E(2)(b)(i) of the Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994 made by this Schedule applies in relation to notices given under section 8E of that Code on or after the commencement of this item.
Australian Meat and Live‑stock Industry Act 1997
14 Section 3 (definition of meat)
Omit “, meat by‑products”.
15 Section 3 (definition of meat by‑product)
Repeal the definition.
16 Subsections 63(1) and 64(1)
Repeal the subsections.
17 Subsection 65(1)
Omit “63(1)(b), 63(1)(e), 64(1)(b), 64(1)(e),”.
18 Subsection 65(2)
Omit “, 63(1)(c), 63(1)(d), 63(1)(f), 63(1)(g)”.
19 Subsection 65(2)
Omit “, 64(1)(c), 64(1)(d), 64(1)(f), 64(1)(g)”.
20 Subsection 65(3)
Omit “, 63(1)(a), 63(1)(h)”.
21 Subsection 65(3)
Omit “, 64(1A)(h), 64(1)(a) or 64(1)(h)”, substitute “or 64(1A)(h)”.
22 Paragraph 66(2)(a)
Omit “subsections 64(1A) and (1)”, substitute “subsection 64(1A)”.
23 Validity of licences not affected by amendments
The amendments of section 3 of the Australian Meat and Live‑stock Industry Act 1997 made by this Schedule do not affect the validity of any licence granted or renewed under Part 2 of that Act before the commencement of this item.
Biosecurity Act 2015
24 Section 134 (heading)
Repeal the heading, substitute:
134 Treatment that is likely to damage goods
25 Section 209 (heading)
Repeal the heading, substitute:
209 Treatment that is likely to damage conveyance
26 Subsection 465(6) (heading)
Repeal the heading, substitute:
Cessation of biosecurity response zone determination
27 Subsection 465(6)
After “biosecurity response zone”, insert “determination”.
Farm Household Support Act 2014
28 At the end of section 101
Add:
(3) Subsections (1) and (2) do not apply in relation to the Secretary’s power under subsection 106(2) (about Secretary’s rules).
Fisheries Administration Act 1991
29 Title
Omit “and a Fishing Industry Policy Council”.
30 Section 3
Repeal the section, substitute:
3 Simplified outline of this Act
This Act establishes a body corporate called the Australian Fisheries Management Authority.
The Authority has a variety of functions and objectives, relating to the management of fisheries on behalf of the Commonwealth. It consists of the CEO, the Commission and the AFMA staff members.
The Commission is responsible for domestic fisheries management functions and powers of the Authority. It consists of the Chairperson, the CEO and up to 7 additional part‑time members.
The CEO is responsible for foreign compliance functions and powers of the Authority and assisting the Commission.
The Minister may give directions to the Authority in exceptional circumstances and to the CEO about foreign compliance.
Committees may assist in the performance of the Authority’s functions and exercise of its powers.
The Act also deals with miscellaneous matters, such as consultation, planning and reporting, delegation and financial matters.
31 Subsection 4(1) (note)
Repeal the note.
32 Part 3
Repeal the Part.
Fisheries Management Act 1991
33 Subsection 4(1)
Insert:
grant in relation to a fishing permit, a fish receiver permit or a scientific permit: see subsections (9) to (11).
34 Subsection 4(1)
Repeal the following definitions:
(a) definition of member;
(b) definition of Panel;
(c) definition of Presiding Member;
(d) definition of Selection Committee.
35 Subsection 4(1) (definition of Treaty)
Omit “a copy of which is set out in Schedule 1,”.
36 Subsection 4(1) (at the end of the definition of Treaty)
Add:
Note: The Treaty is in Australian Treaty Series 1988 No. 42 ([1988] ATS 42) and could in 2016 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
37 At the end of section 4
Add:
(9) A reference in a provision of this Act (except sections 32, 57G and 57H) to the grant of a fishing permit is taken to include a reference to the renewal of the fishing permit.
(10) A reference in a provision of this Act (except section 33) to the grant of a scientific permit is taken to include a reference to the renewal of the scientific permit.
(11) A reference in a provision of this Act (except section 91) to the grant of a fish receiver permit is taken to include a reference to the renewal of the fish receiver permit.
38 Paragraph 23(3)(a)
Omit “section 143, applications to the Panel may be made for review”, substitute “subsection 165(2), a request to AFMA may be made for reconsideration”.
39 Paragraph 23(3)(b)
Omit “if an application in relation to the decision is made to the Panel under section 143—before the application is dealt with by the Panel”, substitute “if a request in relation to the decision is made to AFMA under subsection 165(2)—before the request is dealt with by AFMA”.
40 At the end of section 32
Add:
(12) AFMA may, on AFMA’s own initiative, renew a fishing permit from time to time for a period that is not greater than 5 years.
(13) Subject to subsection (14), a fishing permit that is renewed under subsection (12) is subject to the conditions attaching to the permit immediately before the renewal begins.
(14) Subsection (13) does not prevent the exercise of a power under subsection (8) at the time of renewing the fishing permit or at any later time.
41 Paragraph 33(6)(b)
After “condition mentioned in subsection”, insert “(3) or”.
42 At the end of section 33
Add:
(9) AFMA may, on AFMA’s own initiative, renew a scientific permit from time to time for a period that is not greater than 6 months.
(10) Subject to subsection (11), a scientific permit that is renewed under subsection (9) is subject to the conditions attaching to the permit immediately before the renewal begins.
(11) Subsection (10) does not prevent the exercise of a power under paragraph (6)(b) at the time of renewing the scientific permit or at any later time.
43 After subsection 57H(2)
Insert:
(2A) Without limiting subsection (2), if AFMA renews a fishing permit under section 32, AFMA must alter the Fishing Permits Register to record the period of the renewal.
44 Subsection 91(10)
Omit “upon application made by the holder of a permit, renew the permit”, substitute “on AFMA’s own initiative, renew a fish receiver permit”.
45 At the end of section 91
Add:
(11) Subject to subsection (12), a fish receiver permit that is renewed under subsection (10) is subject to the conditions attaching to the permit immediately before the renewal begins.
(12) Subsection (11) does not prevent the exercise of a power under subsection (6) at the time of renewing the fish receiver permit or at any later time.
46 Paragraph 113(2)(a)
Omit “granted under section 32”.
47 Part 8
Repeal the Part.
48 Subsection 165(1) (definition of relevant decision)
Repeal the definition, substitute:
relevant decision means:
(a) a decision of AFMA under subsection 4(2), 4(3), 22(5) or 26(2), section 31 (other than a decision following an auction or tender), paragraph 31B(1)(b), section 31C, subsection 31F(7), section 32 or 33, subsection 34(9), 38(1), (2) or (3), section 39, subsection 40(5) or (8) or section 91; or
(b) a decision mentioned in subsection 23(1) made by AFMA or a Joint Authority as to the person or persons to whom the grant of a fishing right in a managed fishery is to be made.
49 Schedule 1
Repeal the Schedule.
50 Application and saving provisions—Statutory Fishing Rights Allocation Review Panel
(1) The amendments of section 23 of the Fisheries Management Act 1991 made by this Schedule apply in relation to decisions mentioned in subsection 23(1) of that Act that are made on or after the commencement of this item.
(2) Section 165 of the Fisheries Management Act 1991 applies on and after the commencement of this item in relation to decisions mentioned in subsection 23(1) of that Act that are made on or after that commencement.
(3) Despite the repeal of Part 8 of the Fisheries Management Act 1991 made by this Schedule, that Part, as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to decisions mentioned in subsection 23(1) of that Act that are made before that commencement.
51 Application, saving and transitional provisions—renewals of permits
(1) Subsections 32(12) to (14) of the Fisheries Management Act 1991, as added by this Schedule, apply in relation to fishing permits due to expire on or after the commencement of this item.
(2) Subsections 33(9) to (11) of the Fisheries Management Act 1991, as added by this Schedule, apply in relation to scientific permits due to expire on or after the commencement of this item.
(3) The amendments of section 91 of the Fisheries Management Act 1991 made by this Schedule apply in relation to fish receiver permits due to expire on or after the commencement of this item.
(4) Subsection 91(10) of the Fisheries Management Act 1991, as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to an application made under that subsection before that commencement.
(5) The amendments of section 91 of the Fisheries Management Act 1991 made by this Schedule do not affect the validity of a renewal given under subsection 91(10) of that Act before the commencement of this item.
52 Transitional provision—transfer of records and documents of Statutory Fishing Rights Allocation Review Panel to the Department
(1) This item applies to any records or documents that were in the possession of the Statutory Fishing Rights Allocation Review Panel immediately before the commencement of this item.
(2) The records and documents are to be transferred to the Department after the commencement of this item.
Note: The records and documents transferred are Commonwealth records for the purposes of the Archives Act 1983.
Illegal Logging Prohibition Act 2012
53 After subsection 22(6)
Insert:
(6A) The Secretary may, in writing, delegate to an inspector the Secretary’s powers and functions under sections 66, 67 and 68 of the Regulatory Powers Act in relation to evidential material that relates to a provision mentioned in subsection (1) of this section.
54 Subsection 22(7)
After “subsection (6)”, insert “or (6A)”.
Primary Industries Research and Development Act 1989
55 Section 142
Repeal the section.
Water Amendment (Review Implementation and Other Measures) Act 2016
56 Subsection 2(1) (table item 2)
Repeal the item, substitute:
| 2. Schedule 1, items 1 and 1A | At the same time as item 56 of Schedule 1 to the Agriculture and Water Resources Legislation Amendment Act 2016 commences. | |
57 After item 1 of Schedule 1
Insert:
1A Application of requirement for Basin Plan to include certain additional reviews
(1) The requirement in item 13 of the table in subsection 22(1) of the Water Act 2007 (as amended by this Schedule) for the program for monitoring and evaluating the effectiveness of the Basin Plan to include 5 yearly reviews of the matter mentioned in paragraph (c) of that item does not apply until 1 January 2020.
(2) Subitem (1) does not prevent the Basin Plan from being amended, before that time, to include those reviews in the program.
Part 2—Other amendments
Australian Meat and Live‑stock Industry Act 1997
58 Division 4 of Part 3
Repeal the Division.
Dairy Produce Act 1986
59 Subsections 5(6) and (7)
Repeal the subsections.
60 Section 13 (heading)
Repeal the heading, substitute:
13 Financial report
61 Subsection 13(2)
Repeal the subsection.
62 Section 14
Repeal the section.
63 Subclause 79C(1) of Schedule 2
Omit “(1)”.
64 Subclause 79C(2) of Schedule 2
Repeal the subclause.
Forestry Marketing and Research and Development Services Act 2007
65 Subsections 8(6) and (7)
Repeal the subsections.
Sugar Research and Development Services Act 2013
66 Subsections 6(6) and (7)
Repeal the subsections.
Schedule 2—Repeals
Part 1—Repeals
Agricultural and Veterinary Chemicals Legislation Amendment (Removing Re‑approval and Re‑registration) Act 2014
1 The whole of the Act
Repeal the Act.
Australian Meat and Live‑stock Corporation Amendment Act 1990
2 The whole of the Act
Repeal the Act.
Export Inspection Charges Collection Act 1985
3 The whole of the Act
Repeal the Act.
Export Inspection (Establishment Registration Charges) Act 1985
4 The whole of the Act
Repeal the Act.
Export Inspection (Quantity Charge) Act 1985
5 The whole of the Act
Repeal the Act.
Export Inspection (Service Charge) Act 1985
6 The whole of the Act
Repeal the Act.
National Residue Survey (Consequential Provisions) Act 1992
7 The whole of the Act
Repeal the Act.
National Residue Survey Levies Regulations (Validation and Commencement of Amendments) Act 1999
8 The whole of the Act
Repeal the Act.
Quarantine (Validation of Fees) Act 1985
9 The whole of the Act
Repeal the Act.
Rural Adjustment Act 1992
10 The whole of the Act
Repeal the Act.
Wool International Act 1993
11 The whole of the Act
Repeal the Act.
Wool International Privatisation Act 1999
12 The whole of the Act
Repeal the Act.
Part 2—Consequential amendments
Natural Heritage Trust of Australia Act 1997
13 Paragraph 18(b)
Omit “1992;”, substitute “1992.”.
14 Paragraph 18(d)
Repeal the paragraph.
15 Subsections 19(7) and 20(4)
Repeal the subsections (not including the notes).
16 Section 49 (heading)
Repeal the heading, substitute:
49 Appropriations for the purposes of the Natural Resources Management (Financial Assistance) Act 1992
17 Subsections 49(4) and (5)
Repeal the subsections.
Part 3—Saving and transitional provisions
18 Saving provisions—export charges
(1) Despite the repeal of the Export Inspection Charges Collection Act 1985 made by Part 1, that Act, as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to charge imposed before that commencement.
(2) Despite the repeal of the Export Inspection (Establishment Registration Charges) Act 1985 made by Part 1, that Act, as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to charge imposed before that commencement.
(3) Despite the repeal of the Export Inspection (Quantity Charge) Act 1985 made by Part 1, that Act, as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to charge imposed before that commencement.
(4) Despite the repeal of the Export Inspection (Service Charge) Act 1985 made by Part 1, that Act, as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to charge imposed before that commencement.
19 Transitional provision—transfer of records and documents of National Rural Advisory Council to the Department
(1) This item applies to any records or documents that were in the possession of the National Rural Advisory Council immediately before the commencement of this item.
(2) The records and documents are to be transferred to the Department after the commencement of this item.
Note: The records and documents transferred are Commonwealth records for the purposes of the Archives Act 1983.