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This is a Bill, not an Act. For current law, see the Acts databases.
1996
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Primary
Industries and Energy Legislation Amendment Bill (No. 1)
1996
No. ,
1996
(Primary Industries and
Energy)
A Bill for an Act to amend or
repeal various Acts administered by the Department of Primary Industries and
Energy, and for related
purposes
9601221—950/7.5.1996—(12/96)
Cat. No. 96 4518 7 ISBN 0644 448482
Contents
Part
1—Amendments 6piel1h1.html
Part 2—Transitional
provisions 6piel1h1.html
Egg Industry Research (Hen Quota) Levy Act
1987 6piel1h1.html
Poultry Industry Assistance Act
1965 6piel1h1.html
Poultry Industry Levy Act 1965 6piel1h1.html
9601221—950/7.5.1996—(12/96)
Cat. No. 96 4518 7 ISBN 0644 448482
The Parliament of Australia enacts:
This Act may be cited as the Primary Industries and Energy Legislation
Amendment Act (No. 1) 1996.
(1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
(2) Schedule 1 is taken to have commenced on 25 February 1994.
(3) Schedules 3, 4 and 8 commence on the day on which a notice is
published in the Gazette under subsection 6(6) of the Poultry Industry
Assistance Act 1965.
Subject to section 2, each Act 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Act is amended or repealed as set out in the applicable items in the Schedule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.
1 Paragraphs 15(1)(a), (b) and
(c)
Repeal the paragraphs, substitute:
(a) a licence has been granted on the basis that an area is within an
offshore area; and
(b) there is a change to the baseline of Australia’s territorial sea
or, because new data is obtained or existing data is reconsidered, the location
of the baseline is reassessed; and
(c) as a result of the change to, or reassessment of the location of, the
baseline, the area ceases to be within an offshore area;
2 Paragraphs 15(3)(a), (b) and
(c)
Repeal the paragraphs, substitute:
(a) a State offshore mining licence has been granted on the basis that an
area is within the State’s coastal waters; and
(b) there is a change to the baseline of Australia’s territorial sea
or, because new data is obtained or existing data is reconsidered, the location
of the baseline is reassessed; and
(c) as a result of the change to, or reassessment of the location of, the
baseline, the area:
(i) ceases to be within the State’s coastal waters; and
(ii) falls within an offshore area;
Note: The heading to section 15 is altered by omitting
“in baseline” and substituting “to, or reassessment
of the location of, baseline”.
1 Section 6
Add at the end:
(5) The Minister may approve the amount standing to the credit of the Fund
being paid to the Egg Industry Development Fund established under section 107 of
the Primary Industries and Energy Research and Development Act
1989.
(6) When the amount standing to the credit of the Fund is paid to the Egg
Industry Development Fund pursuant to an approval under subsection (5), the
Minister must cause notice of the payment to be published in the
Gazette.
1 Schedule 2
Omit:
Poultry Industry Levy Act 1965
1 Schedule 1 (Part 1)
Omit:
|
Levy imposed by Poultry Industry Levy Act 1965 |
So much of levy referred to in Column 1 as is received by virtue of
paragraph 6(1)(b) of the Poultry Industry Levy Act 1965 |
Egg Industry Research Trust Fund |
Egg Industry Research Council |
1 Subsection 9(2)
Omit “Australian Council of Egg Producers”, substitute
“Australian Egg Industry Association Incorporated or, if another body is
declared by the Minister to be the body representing the Australian egg
industry, the body so declared”.
2 After subsection 9(2)
Insert:
(2A) The Minister may, by notice published in the Gazette, declare
a body referred to in the notice to be the body representing the Australian egg
industry.
1 Section 9
Add at the end:
(3) In addition to its powers under subsection (1), Wool International
may, with the written approval of the Minister:
(a) form, or participate with others in the formation of, a company;
or
(b) acquire, hold or dispose of shares or stock in the capital of, or
debentures or other securities of, a company;
being a company whose objects include the carrying on of activities
relating to trading in any wool (whether or not the wool exists) for the
purposes specified in subsection 8(2).
(4) The Minister’s approval mentioned in subsection (2) may be
subject to any condition that the Minister thinks appropriate.
2 Subsection 43(2)
Repeal the subsection, substitute:
(2) After the Commonwealth receives the full amount of tax imposed by any
of the Wool Tax Acts in a financial year on a particular sale, purchase, export
or processing of shorn wool (other than carpet wool), the Commonwealth must pay
to Wool International an amount equal to the prescribed percentage of the sale
value of that wool.
(3) For the purpose of the Wool Tax Acts, the percentage that applies to a
particular financial year under subsection (2) of this section is taken to have
been fixed by subsection (2) of this section.
(4) In this section:
prescribed percentage, in relation to an amount of wool tax,
means:
(a) 4.5%; or
(b) if a lower percentage (which may be 0%) is prescribed by the
regulations for the financial year in which the tax is imposed—that
percentage.
3 Section 45
Repeal the section.
4 Section 46
Omit “43, 44 or 45”, substitute “43 or
44”.
5 Section 49
Omit “Money”, substitute “Subject to section 49A,
money”.
6 After section 49
Insert:
Wool International may, when expending money (in accordance with section
49):
(a) in the exercise of its powers under subsection 9(3); or
(b) in relation to a company referred to in subsection 9(3);
use only the income specified in subsection 51(1) or income derived from
it.
7 Section 52
Omit “43, 44 and 45”, substitute “43 and
44”.
Note: The heading to section 52 is altered by omitting
“43, 44 and 45” and substituting “43 and
44”.
8 Subsection 64(2)
Repeal the subsection, substitute:
(2) The purpose of a wool tax record is to inform the recipient of the
amounts paid to the Australian Wool Realisation Commission or Wool International
that represent wool tax referred to in subsection (1) and paid by the
person.
9 Subsection 69(2)
Omit “45,”.
Part
2—Transitional provisions
10 Interpretation
In this Part:
Principal Act means the Wool International Act
1993.
Wool International means the body corporate continued in
existence under subsection 7(1) of the Principal Act.
11 Repayment of additional
contributions
If:
(a) a person has made an additional contribution under section 45 of the
Principal Act after 20 June 1995; and
(b) Wool International was paid, under subsection 45(4) of the Principal
Act, an amount equal to the contribution;
Wool International must pay to the person an amount equal to the
contribution.
12 Amendments of register
If:
(a) a person has made an additional contribution under section 45 of the
Principal Act after 20 June 1995; and
(b) an entry was made in the register (referred to in section 66 of the
Principal Act) to record that payment; and
(c) Wool International has made a payment to the person under item
11;
Wool International must make an entry in the register to record that an
amount under item 11 has been paid to the person.
13 Application
The amendment effected by item 7 does not apply in respect of the financial
year ending on 30 June 1996.
14 Compensation for acquisition of
property
(1) If, apart from this item, the operation of this Part would result in
the acquisition of property from a person otherwise than on just terms, the
Commonwealth is liable to pay reasonable compensation to the person.
(2) If the Commonwealth and the person do not agree on the amount of the
compensation, the person may apply to the Federal Court to determine a
reasonable amount of compensation.
(3) The jurisdiction of the Federal Court is exclusive of the jurisdiction
of all other courts except that of the High Court.
(4) Any damages or compensation recovered, or other remedy given, in a
proceeding begun otherwise than under this item must be taken into account in
assessing compensation payable in a proceeding begun under this item and arising
out of the same event or transaction.
(5) In this item:
acquisition of property and just terms have the
same meaning as in paragraph 51(xxxi) of the Constitution.
1 Subsection 51(5)
Repeal the subsection, substitute:
(5) The total of the percentages specified in recommendations that are
approved under this section in relation to a particular kind of wool for the
same financial year must not exceed the difference between:
(a) the rate of tax that applies under the Wool Tax Acts for that
financial year in respect of that kind of wool; and
(b) the percentage that applies under subsection 43(2) of the Wool
International Act 1993 for that financial year.
2 Section 79
Repeal the section, substitute:
(1) This section has effect if a body known as the Australian Animal
Health Council Limited is incorporated under the Corporations Law before 30 June
1997.
(2) The Organisation is required to make contributions to the Australian
Animal Health Council in respect of each financial year ending on or before 30
June 1997.
(3) The total amount of the contributions in respect of a financial year
is the amount prescribed in relation to that year.
(4) A contribution may be paid by quarterly instalments.
(5) Before making regulations prescribing an amount for a particular
financial year, the Governor-General must take into consideration any
recommendation with respect to the amount to be prescribed that has been made to
the Minister by the Wool Council of Australia. The regulations may not prescribe
an amount that is greater than the amount recommended.