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A Bill for an Act to establish the Halal Certification Transitional Authority, and for related purposes
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Registered 29 Nov 2018
Introduced Senate 28 Nov 2018

2016‑2017‑2018

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

Presented and read a first time

 

 

 

 

Halal Certification Transitional Authority Bill 2018

 

No.      , 2018

 

(Senator Bernardi)

 

 

 

A Bill for an Act to establish the Halal Certification Transitional Authority, and for related purposes

  

  

  


Contents

Part 1—Preliminary                                                                                                             1

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

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

3............ Object.................................................................................................. 2

4............ Simplified outline of this Act.............................................................. 2

5............ Definitions.......................................................................................... 3

6............ Crown to be bound............................................................................. 4

7............ Extension to external Territories.......................................................... 4

8............ Concurrent operation of State and Territory laws................................ 4

9............ Free exercise of religion...................................................................... 4

10.......... Sunset provision................................................................................. 5

Part 2—Halal Certification Transitional Authority                                          6

Division 1—Establishment etc. of Authority                                                    6

11.......... Establishment of the Halal Certification Transitional Authority.......... 6

12.......... Membership of Authority................................................................... 6

13.......... Function of Authority......................................................................... 6

14.......... Powers of Authority........................................................................... 6

15.......... Authority does not have privileges and immunities of the Crown....... 7

Division 2—Director and staff of Authority                                                    8

16.......... Director............................................................................................... 8

17.......... Appointment of Director..................................................................... 8

18.......... Function of Director............................................................................ 8

19.......... Powers of Director.............................................................................. 8

20.......... Acting appointments........................................................................... 8

21.......... Remuneration and allowances............................................................. 9

22.......... Leave of absence................................................................................. 9

23.......... Other paid work.................................................................................. 9

24.......... Other terms and conditions................................................................. 9

25.......... Resignation......................................................................................... 9

26.......... Termination of appointment.............................................................. 10

27.......... Delegation by Director...................................................................... 10

28.......... Staff.................................................................................................. 11

Part 3—Halal certificates                                                                                                 12

29.......... Application for halal certificate.......................................................... 12

30.......... Grant of halal certificate.................................................................... 12

31.......... Authority may impose conditions..................................................... 12

32.......... Matters to be specified in a halal certificate....................................... 13

33.......... Renewal of halal certificate................................................................ 13

34.......... Revocation of halal certificate............................................................ 13

35.......... Basis on which halal certificates granted........................................... 13

Part 4—Offences and civil penalties                                                                         15

36.......... Physical elements of offences........................................................... 15

37.......... Constitutional corporations selling or offering to sell uncertified halal food             15

38.......... Selling or offering to sell uncertified halal food in the course of constitutional trade and commerce        16

39.......... Constitutional corporations certifying or purporting to certify that food is halal       17

40.......... Certifying or purporting to certify that food is halal in the course of constitutional trade and commerce  17

Part 5—Enforcement                                                                                                         19

41.......... Appointment of authorised officers................................................... 19

42.......... Monitoring powers........................................................................... 19

43.......... Investigation powers......................................................................... 20

44.......... Civil penalty provisions.................................................................... 22

45.......... Infringement notices.......................................................................... 22

46.......... Injunctions........................................................................................ 23

Part 6—Miscellaneous                                                                                                       25

47.......... Treatment of partnerships.................................................................. 25

48.......... Treatment of unincorporated associations......................................... 25

49.......... Treatment of trusts............................................................................ 26

50.......... Review of decisions by Administrative Appeals Tribunal................ 27

51.......... Rules................................................................................................. 27

52.......... Independent review........................................................................... 27

 


A Bill for an Act to establish the Halal Certification Transitional Authority, and for related purposes

The Parliament of Australia enacts:

Part 1Preliminary

  

1  Short title

                   This Act is the Halal Certification Transitional Authority Act 2018.

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 and 2 and anything in this Act not elsewhere covered by this table

The day after this Act receives the Royal Assent.

 

2.  Sections 3 to 52

The day the Consolidated Revenue Fund is appropriated to fund the Halal Certification Transitional Authority.

 

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  Object

                   The object of this Act is to protect consumers by promoting the accurate labelling of food.

4  Simplified outline of this Act

This Act promotes the accurate labelling of food by regulating the certification of food as halal.

This Act establishes the Halal Certification Transitional Authority headed by a Director appointed by the Minister.

The Authority may grant a halal certificate to a person if satisfied that the person is a fit and proper person and that the food to be covered by the certificate is halal.

This Act creates offences and civil penalties relating to the sale, by constitutional corporations or in the course of constitutional trade and commerce, of food claimed to be halal that is not covered by a halal certificate.

It also creates offences and civil penalties relating to the certification, or purported certification, of food as halal by constitutional corporations or in the course of constitutional trade and commerce.

A range of compliance and enforcement powers are provided, including by applying the Regulatory Powers Act.

Decisions made under this Act by the Authority may be reviewed by the Administrative Appeals Tribunal.

The Minister may make rules for the purposes of this Act.

An independent review of the operation of this Act, and a report of that review, must be completed within 3 years of the commencement of the operative provisions.

This Act ceases to have effect 5 years after the commencement of the operative provisions.

5  Definitions

                   In this Act:

authorised officer means a person appointed as an authorised officer by the Director under section 41.

Authority means the Halal Certification Transitional Authority established by section 11.

civil penalty provision has the same meaning as in the Regulatory Powers Act.

constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.

constitutional trade and commerce means the following:

                     (a)  trade or commerce between Australia and places outside Australia;

                     (b)  trade or commerce among the States;

                     (c)  trade or commerce within a Territory, between a State and a Territory or between 2 Territories.

Director means the Director of the Authority.

halal certificate means a halal certificate granted under section 30.

paid work means work for financial gain or reward (whether as an employee, a self‑employed person or otherwise).

Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.

staff of the Authority means the staff of the Authority mentioned in section 28.

6  Crown to be bound

                   This Act binds the Crown in each of its capacities.

7  Extension to external Territories

                   This Act extends to every external Territory.

8  Concurrent operation of State and Territory laws

                   This Act is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Act.

9  Free exercise of religion

                   This Act does not apply to the extent (if any) that it would prohibit the free exercise of any religion.

10  Sunset provision

                   This Act ceases to have effect at the end of the 5‑year period beginning when this section commences.

Part 2Halal Certification Transitional Authority

Division 1Establishment etc. of Authority

11  Establishment of the Halal Certification Transitional Authority

             (1)  The Halal Certification Transitional Authority is established by this section.

             (2)  For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):

                     (a)  the Authority is a listed entity; and

                     (b)  the Director is the accountable authority of the Authority; and

                     (c)  the following persons are officials of the Authority:

                              (i)  the Director;

                             (ii)  the staff referred to in section 28; and

                     (d)  the purposes of the Authority include:

                              (i)  the function of the Authority referred to in section 13; and

                             (ii)  the function of the Director referred to in section 18.

12  Membership of Authority

                   The Authority consists of:

                     (a)  the Director; and

                     (b)  the staff of the Authority.

13  Function of Authority

                   The function of the Authority is to perform functions that are permitted or required to be performed by or under this Act.

14  Powers of Authority

                   The Authority has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.

15  Authority does not have privileges and immunities of the Crown

                   The Authority does not have the privileges and immunities of the Crown in right of the Commonwealth.

Division 2Director and staff of Authority

16  Director

                   There is to be a Director of the Authority.

17  Appointment of Director

             (1)  The Director is to be appointed by the Minister by written instrument on a full‑time basis.

Note:          The Director may be reappointed: see section 33AA of the Acts Interpretation Act 1901.

             (2)  The Director holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.

18  Function of Director

                   The function of the Director is to perform functions that are permitted or required to be performed by or under this Act.

19  Powers of Director

                   The Director has power to do all things necessary or convenient to be done for or in connection with the performance of his or her functions.

20  Acting appointments

                   The Minister may, by written instrument, appoint a person to act as the Director:

                     (a)  during a vacancy in the office of Director (whether or not an appointment has previously been made to the office); or

                     (b)  during any period, or during all periods, when the Director:

                              (i)  is absent from duty or from Australia; or

                             (ii)  is, for any reason, unable to perform the duties of the office.

Note:          For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.

21  Remuneration and allowances

             (1)  The Director is to be paid the remuneration that is determined by the Remuneration Tribunal.

             (2)  The Director is to be paid the allowances that are specified in the rules.

             (3)  This section has effect subject to the Remuneration Tribunal Act 1973.

22  Leave of absence

             (1)  The Director has the recreation leave entitlements that are determined by the Remuneration Tribunal.

             (2)  The Minister may grant the Minister leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.

23  Other paid work

                   The Director must not engage in paid work outside the duties of his or her office without the Minister’s approval.

24  Other terms and conditions

                   The Director holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.

25  Resignation

             (1)  The Director may resign his or her appointment by giving the Minister a written resignation.

             (2)  The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.

26  Termination of appointment

             (1)  The Minister may terminate the appointment of the Director:

                     (a)  for misbehaviour; or

                     (b)  if the Director is unable to perform the duties of his or her office because of physical or mental incapacity.

             (2)  The Minister may terminate the appointment of the Director if:

                     (a)  the Director:

                              (i)  becomes bankrupt; or

                             (ii)  applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or

                            (iii)  compounds with his or her creditors; or

                            (iv)  makes an assignment of his or her remuneration for the benefit of his or her creditors; or

                     (b)  the Director is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or

                     (c)  the Director engages, except with the Minister’s approval, in paid work outside the duties of his or her office (see section 23).

Note:          The appointment of the Director may also be terminated under section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials).

27  Delegation by Director

             (1)  The Director may, in writing, delegate all or any of his or her functions or powers under this Act to a member of the staff of the Authority.

Note:          Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.

             (2)  In performing a delegated function or exercising a delegated power, the delegate must comply with any written directions of the Director.

28  Staff

             (1)  The staff of the Authority must be persons engaged under the Public Service Act 1999.

             (2)  For the purposes of the Public Service Act 1999:

                     (a)  the Director and the APS employees assisting the Director together constitute a Statutory Agency; and

                     (b)  the Director is the Head of that Statutory Agency.

Part 3Halal certificates

  

29  Application for halal certificate

             (1)  A person may apply to the Authority for a halal certificate that covers a kind of food.

             (2)  The application must be in a form approved, in writing, by the Authority.

             (3)  The application must be accompanied by the fee (if any) specified in the rules.

             (4)  A fee specified under subsection (3) must not amount to taxation.

30  Grant of halal certificate

             (1)  On receiving an application under section 29 for a halal certificate, the Authority must decide:

                     (a)  to grant the applicant a halal certificate; or

                     (b)  to refuse to grant the applicant a halal certificate.

             (2)  The Authority must not grant the applicant a halal certificate that covers a kind of food unless the Authority is satisfied that:

                     (a)  the applicant is a fit and proper person to hold a halal certificate; and

                     (b)  the kind of food covered is halal.

             (3)  For the purposes of deciding whether to grant, or refuse to grant the applicant a halal certificate, the Authority may have regard to any matter that the Authority considers relevant.

31  Authority may impose conditions

                   If the Authority decides to grant a halal certificate, the Authority may impose conditions to which the certificate is subject.

32  Matters to be specified in a halal certificate

                   A halal certificate must specify the following:

                     (a)  the name of the certificate holder;

                     (b)  the kind of food covered by the certificate;

                     (c)  the period for which the certificate is in force;

                     (d)  the conditions (if any) imposed by the Authority under section 31;

                     (e)  any other matter specified in the rules.

33  Renewal of halal certificate

             (1)  The holder of a halal certificate may apply to the Authority to renew the certificate.

             (2)  An application to renew a halal certificate must be made before the certificate expires.

             (3)  If an application to renew a halal certificate is made before the certificate expires, the application is taken to be an application for a new halal certificate, and the provisions of this Part (apart from this section) apply in relation to the application.

34  Revocation of halal certificate

             (1)  The Authority may revoke a halal certificate if the Authority reasonably believes that a condition of the certificate has been, or is being, contravened.

             (2)  If the Authority revokes a halal certificate, the Authority must give the licensee a written notice stating:

                     (a)  that the certificate is to be revoked;

                     (b)  the reasons for the revocation; and

                     (c)  the date the revocation is to take effect.

35  Basis on which halal certificates granted

                   A halal certificate granted under this Part is granted on the basis that:

                     (a)  the certificate may be revoked under section 34; and

                     (b)  the certificate may be cancelled, revoked, terminated or varied by or under later legislation; and

                     (c)  no compensation is payable if the licence is cancelled, revoked, terminated or varied as mentioned in either of the above paragraphs.

Part 4Offences and civil penalties

  

36  Physical elements of offences

                   For the purposes of applying Chapter 2 of the Criminal Code to an offence in a section in this Part, the physical elements of the offence are set out in subsection (1) of the section.

Note:          Chapter 2 of the Criminal Code sets out general principles of criminal responsibility.

37  Constitutional corporations selling or offering to sell uncertified halal food

             (1)  A person contravenes this subsection if:

                     (a)  the person is a constitutional corporation; and

                     (b)  the person sells, or offers to sell, food; and

                     (c)  the person claims that the food is halal; and

                     (d)  the food is not covered by a halal certificate.

Fault‑based offence

             (2)  A person commits an offence if the person contravenes subsection (1).

Note:          See section 36 in relation to the physical elements of the offence.

Penalty:  500 penalty units.

Strict liability offence

             (3)  A person commits an offence of strict liability if the person contravenes subsection (1).

Note:          For strict liability, see section 6.1 of the Criminal Code.

Penalty:  50 penalty units.

Civil penalty provision

             (4)  A person is liable to a civil penalty if the person contravenes subsection (1).

Civil penalty:          500 penalty units.

38  Selling or offering to sell uncertified halal food in the course of constitutional trade and commerce

             (1)  A person contravenes this subsection if:

                     (a)  the person sells, or offers to sell, food in the course of constitutional trade and commerce; and

                     (b)  the person claims that the food is halal; and

                     (c)  the food is not covered by a halal certificate.

Fault‑based offence

             (2)  A person commits an offence if the person contravenes subsection (1).

Note:          See section 36 in relation to the physical elements of the offence.

Penalty:  500 penalty units.

Strict liability offence

             (3)  A person commits an offence of strict liability if the person contravenes subsection (1).

Note:          For strict liability, see section 6.1 of the Criminal Code.

Penalty:  50 penalty units.

Civil penalty provision

             (4)  A person is liable to a civil penalty if the person contravenes subsection (1).

Civil penalty:          500 penalty units.

39  Constitutional corporations certifying or purporting to certify that food is halal

             (1)  A person contravenes this subsection if:

                     (a)  the person is a constitutional corporation; and

                     (b)  the person certifies, or purports to certify, that food is halal.

Fault‑based offence

             (2)  A person commits an offence if the person contravenes subsection (1).

Note:          See section 36 in relation to the physical elements of the offence.

Penalty:  500 penalty units.

Strict liability offence

             (3)  A person commits an offence of strict liability if the person contravenes subsection (1).

Note:          For strict liability, see section 6.1 of the Criminal Code.

Penalty:  50 penalty units.

Civil penalty provision

             (4)  A person is liable to a civil penalty if the person contravenes subsection (1).

Civil penalty:          500 penalty units.

40  Certifying or purporting to certify that food is halal in the course of constitutional trade and commerce

             (1)  A person contravenes this subsection if:

                     (a)  the person certifies, or purports to certify, that food is halal; and

                     (b)  the person does so in the course of constitutional trade and commerce.

Penalty:  50 penalty units.

Fault‑based offence

             (2)  A person commits an offence if the person contravenes subsection (1).

Note:          See section 36 in relation to the physical elements of the offence.

Penalty:  500 penalty units.

Strict liability offence

             (3)  A person commits an offence of strict liability if the person contravenes subsection (1).

Note:          For strict liability, see section 6.1 of the Criminal Code.

Penalty:  50 penalty units.

Civil penalty provision

             (4)  A person is liable to a civil penalty if the person contravenes subsection (1).

Civil penalty:          500 penalty units.

Part 5Enforcement

  

41  Appointment of authorised officers

             (1)  The Director may, in writing, appoint a member of the staff of the Authority as an authorised officer for the purposes of this Part.

             (2)  The Director must not appoint a person as an authorised officer unless the Director is satisfied that the person has the knowledge or experience necessary to properly exercise the powers of an authorised officer.

             (3)  An authorised officer must, in exercising powers as such, comply with any directions of the Director.

             (4)  If a direction is given under subsection (3) in writing, the direction is not a legislative instrument.

42  Monitoring powers

Provisions subject to monitoring

             (1)  This Act is subject to monitoring under Part 2 of the Regulatory Powers Act.

Note:          Part 2 of the Regulatory Powers Act creates a framework for monitoring whether this Act has been complied with. It includes powers of entry and inspection.

Information subject to monitoring

             (2)  Information given in compliance or purported compliance with a provision of this Act is subject to monitoring under Part 2 of the Regulatory Powers Act.

Note:          Part 2 of the Regulatory Powers Act creates a framework for monitoring whether the information is correct. It includes powers of entry and inspection.

Related provisions, authorised applicant, authorised person, issuing officer, relevant chief executive and relevant court

             (3)  For the purposes of Part 2 of the Regulatory Powers Act, as it applies in relation to the provisions of this Act:

                     (a)  an authorised officer is an authorised applicant; and

                     (b)  an authorised officer is an authorised person; and

                     (c)  a magistrate is an issuing officer; and

                     (d)  the Director is the relevant chief executive; and

                     (e)  the Federal Circuit Court of Australia and the Federal Court of Australia are the relevant courts.

             (4)  The relevant chief executive may, in writing, delegate the powers and functions mentioned in subsection (5) to an authorised person.

             (5)  The powers and functions that may be delegated are:

                     (a)  powers under Part 2 of the Regulatory Powers Act in relation to the provisions of this Act; and

                     (b)  powers and functions under the Regulatory Powers Act that are incidental to a power mentioned in paragraph (a).

             (6)  A person exercising powers or performing functions under a delegation under subsection (4) must comply with any directions of the relevant chief executive.

Extension to external Territories

             (7)  Part 2 of the Regulatory Powers Act, as it applies in relation to this Act, extends to every external Territory.

43  Investigation powers

Provisions subject to investigation

             (1)  A provision is subject to investigation under Part 3 of the Regulatory Powers Act if it is:

                     (a)  a civil penalty provision of this Act; or

                     (b)  an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act.

Note:          Part 3 of the Regulatory Powers Act creates a framework for investigating whether a provision has been contravened. It includes powers of entry, search and seizure.

Related provisions, authorised applicant, authorised person, issuing officer, relevant chief executive and relevant court

             (2)  For the purposes of Part 3 of the Regulatory Powers Act, as it applies in relation to evidential material that relates to a provision mentioned in subsection (1):

                     (a)  the provisions of Part 4 of this Act are related to that evidential material; and

                     (b)  an authorised officer is an authorised applicant; and

                     (c)  an authorised officer is an authorised person; and

                     (d)  a magistrate is an issuing officer; and

                     (e)  the Director is the relevant chief executive; and

                      (f)  the Federal Circuit Court of Australia and the Federal Court of Australia are the relevant courts.

             (3)  The relevant chief executive may, in writing, delegate the powers and functions mentioned in subsection (4) to an authorised person.

             (4)  The powers and functions that may be delegated are:

                     (a)  powers under Part 3 of the Regulatory Powers Act in relation to evidential material that relates to a provision mentioned in subsection (1); and

                     (b)  powers and functions under the Regulatory Powers Act that are incidental to a power mentioned in paragraph (a).

             (5)  A person exercising powers or performing functions under a delegation under subsection (3) must comply with any directions of the relevant chief executive.

Extension to external Territories

             (6)  Part 3 of the Regulatory Powers Act, as it applies in relation to the provisions mentioned in subsection (1), extends to every external Territory.

44  Civil penalty provisions

                   Enforceable civil penalty provisions

             (1)  Each civil penalty provision of this Act is enforceable under Part 4 of the Regulatory Powers Act.

Note:          Part 4 of the Regulatory Powers Act allows a civil penalty provision to be enforced by obtaining an order for a person to pay a pecuniary penalty for the contravention of the provision.

Authorised applicant

             (2)  For the purposes of Part 4 of the Regulatory Powers Act, the Director is an authorised applicant in relation to the civil penalty provisions of this Act.

Relevant court

             (3)  For the purposes of Part 4 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the civil penalty provisions of this Act:

                     (a)  the Federal Circuit Court of Australia;

                     (b)  the Federal Court of Australia.

Extension to external Territories

             (4)  Part 4 of the Regulatory Powers Act, as it applies in relation to the provisions mentioned in subsection (1), extends to every external Territory.

45  Infringement notices

Provisions subject to an infringement notice

             (1)  A civil penalty provision of this Act is subject to an infringement notice under Part 5 of the Regulatory Powers Act.

Note:          Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.

Infringement officer

             (2)  For the purposes of Part 5 of the Regulatory Powers Act, an authorised officer is an infringement officer in relation to the provisions mentioned in subsection (1).

Relevant chief executive

             (3)  For the purposes of Part 5 of the Regulatory Powers Act, the Director is the relevant chief executive in relation to the provisions mentioned in subsection (1).

             (4)  The relevant chief executive may, in writing, delegate the powers and functions mentioned in section 102 of the Regulatory Powers Act to an infringement officer.

             (5)  A person exercising powers or performing functions under a delegation under subsection (4) must comply with any directions of the relevant chief executive officer.

Extension to external Territories

             (6)  Part 5 of the Regulatory Powers Act, as it applies in relation to the provisions mentioned in subsection (1), extends to every external Territory.

46  Injunctions

Enforceable provisions

             (1)  The civil penalty provisions of this Act are enforceable under Part 7 of the Regulatory Powers Act.

Note:          Part 7 of the Regulatory Powers Act creates a framework for using injunctions to enforce provisions.

Authorised person

             (2)  For the purposes of Part 7 of the Regulatory Powers Act, the Director is an authorised person in relation to the provisions mentioned in subsection (1).

Relevant court

             (3)  For the purposes of Part 7 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):

                     (a)  the Federal Circuit Court of Australia;

                     (b)  the Federal Court of Australia.

Consent injunctions

             (4)  A relevant court may grant an injunction under Part 7 of the Regulatory Powers Act in relation to a provision mentioned in subsection (1) by consent of all the parties to proceedings brought under that Part, whether or not the court is satisfied that section 121 of that Act applies.

Extension to external Territories

             (5)  Part 7 of the Regulatory Powers Act, as it applies in relation to the provisions mentioned in subsection (1), extends to every external Territory.

Part 6Miscellaneous

  

47  Treatment of partnerships

             (1)  This Act applies to a partnership as if it were a person, but with the changes set out in this section.

             (2)  An obligation that would otherwise be imposed on the partnership by this Act is imposed on each partner instead, but may be discharged by any of the partners.

             (3)  A contravention of a civil penalty provision in this Act that would otherwise have been committed by the partnership is taken to have been committed by each partner in the partnership, at the time of the contravention, who:

                     (a)  did the relevant act or made the relevant omission; or

                     (b)  aided, abetted, counselled or procured the relevant act or omission; or

                     (c)  was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the partner).

             (4)  For the purposes of this Act, a change in the composition of a partnership does not affect the continuity of the partnership.

48  Treatment of unincorporated associations

             (1)  This Act applies to an unincorporated association as if it were a person, but with the changes set out in this section.

             (2)  An obligation that would otherwise be imposed on the association by this Act is imposed on each member of the association’s committee of management instead, but may be discharged by any of the members.

             (3)  A contravention of a civil penalty provision in this Act that would otherwise have been committed by the unincorporated association is taken to have been committed by each member of the association’s committee of management, at the time of the contravention, who:

                     (a)  did the relevant act or made the relevant omission; or

                     (b)  aided, abetted, counselled or procured the relevant act or omission; or

                     (c)  was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the member).

49  Treatment of trusts

             (1)  This Act applies to a trust as if it were a person, but with the changes set out in this section.

Trusts with a single trustee

             (2)  If the trust has a single trustee:

                     (a)  an obligation that would otherwise be imposed on the trust by this Act is imposed on the trustee instead; and

                     (b)  a contravention of a civil penalty provision in this Act that would otherwise have been committed by the trust is taken to have been committed by the trustee.

Trusts with multiple trustees

             (3)  If the trust has 2 or more trustees:

                     (a)  an obligation that would otherwise be imposed on the trust by this Act is imposed on each trustee instead, but may be discharged by any of the trustees; and

                     (b)  a contravention of a civil penalty provision in this Act that would otherwise have been committed by the trust is taken to have been committed by each trustee of the trust, at the time of the contravention, who:

                              (i)  did the relevant act or made the relevant omission; or

                             (ii)  aided, abetted, counselled or procured the relevant act or omission; or

                            (iii)  was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the trustee).

50  Review of decisions by Administrative Appeals Tribunal

             (1)  Applications may be made to the Administrative Appeals Tribunal for review of decisions made by the Authority under this Act.

             (2)  In this section:

decision has the same meaning as in the Administrative Appeals Tribunal Act 1975.

51  Rules

             (1)  The Minister may, by legislative instrument, make rules prescribing matters:

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

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

             (2)  To avoid doubt, the rules may not do the following:

                     (a)  create an offence or civil penalty;

                     (b)  provide powers of:

                              (i)  arrest or detention; or

                             (ii)  entry, search or seizure;

                     (c)  impose a tax;

                     (d)  set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;

                     (e)  directly amend the text of this Act.

52  Independent review

             (1)  The Minister must cause an independent review to be conducted of the operation of this Act and the rules.

             (2)  The review must be completed within 3 years of the commencement of this section.

             (3)  The review must make provision for public consultation.

             (4)  The persons who conduct the review must give the Minister a written report of the review.

             (5)  The Minister must cause copies of the report to be tabled in each House of the Parliament within 15 sitting days of that House after the report is given to the Minister.