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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. 3)
1996
No. ,
1996
(Primary Industries and
Energy)
A Bill for an Act to amend or
repeal various Acts administered by the Minister for Primary Industries and
Energy, and for related
purposes
9621220—975/10.12.1996—(212/96) Cat.
No. 96 5700 2 ISBN 0644 483766
Contents
Part 1—Repeal of the
Act 6piel3h1.html
Tobacco Marketing Act
1965 6piel3h1.html
Part 2—Saving
provisions 6piel3h1.html
Dried Vine Fruits Equalization Act
1978 6piel3h1.html
Forestry and Timber Bureau Act
1930 6piel3h1.html
Primary Industries and Energy Research and Development Act
1989 6piel3h1.html
Primary Industries Levies and Charges Collection (Consequential
Provisions) Act 1991 6piel3h1.html
A Bill for an Act to amend or repeal various Acts
administered by the Minister for Primary Industries and Energy, and for related
purposes
The Parliament of Australia enacts:
This Act may be cited as the Primary Industries and Energy Legislation
Amendment Act (No. 3) 1996.
(1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
(2) Item 1 of Schedule 3 commences immediately after the commencement of
Item 2 of Schedule 3.
(3) Items 1 and 2 of Schedule 5 are taken to have commenced immediately
after the commencement of Schedule 1 to the Primary Industries Levies and
Charges Collection (Consequential Provisions) Act 1991.
(4) Items 4 of Schedule 5 is taken to have commenced on the day on which
the Primary Industries and Energy Research and Development Act 1989
received the Royal Assent.
(5) Items 5 to 9 of Schedule 5 are taken to have commenced on the day on
which the Primary Industries Levies and Charges Collection (Consequential
Provisions) Act 1991 received the Royal Assent.
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this Act is amended or repealed as set out in the applicable items in the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 Section 3
Insert:
primary active constituent has the meaning given in section
59.
2 Section 3 (definition of primary
applicant)
Repeal the definition, substitute:
primary applicant means:
(a) in relation to a primary active constituent—the interested
person by whom, or on whose behalf, protected information was given to the NRA
in respect of the constituent; or
(b) in relation to a primary chemical product—the interested person
by whom, or on whose behalf, protected information was given to the NRA in
respect of the product.
3 Section 3
Insert:
protected active constituent means an approved active
constituent for a proposed or existing chemical product, being an active
constituent to which both of the following paragraphs apply:
(a) the constituent is or includes an invention in respect of which
letters patent were granted under the Patents Act 1952 or the Patents
Act 1990;
(b) the term of the letters patent (including any extension of that term)
has ended, or will end, during the protection period that applies to protected
information about that constituent.
4 Section 3 (paragraph (b) of the definition of
protected chemical product)
Omit “protected registration information”, substitute
“protected information”.
5 Section 3
Insert:
protected information, in relation to an active constituent
for a proposed or existing chemical product or in relation to a chemical
product, means information that has been obtained because of trials or
laboratory experiments and relates to the interaction between the constituent or
product, as the case may be, and:
(a) the environment; or
(b) living organisms or naturally occurring populations in ecosystems,
including human beings;
but does not include information obtained only for the purpose of assessing
the performance of the constituent or product in respect of its proposed
use.
6 Section 3 (definition of protected
registration information)
Repeal the definition.
7 Section 3 (definition of protection
period)
Omit “registration”.
8 Section 3
Insert:
secondary active constituent has the meaning given in section
59.
9 Section 3 (definition of secondary
applicant)
Repeal the definition, substitute:
secondary applicant, in relation to a secondary chemical
product, means:
(a) if the NRA is considering an application for the registration of that
product—the person who made the application; or
(b) if the NRA has reconsidered or is reconsidering the registration of
that product:
(i) subject to subparagraphs (ii), (iii) and (iv), the person (the
original applicant) who applied for the registration or, in the
case of a product whose registration has been renewed, applied for the renewal,
or the last renewal, as the case may be, of the registration; or
(ii) subject to subparagraphs (iii) and (iv), if the original applicant
has entered into a contract with another person in relation to the product under
which, or as a result of which, the other person will or may apply to the NRA to
have the other person’s name entered in the relevant particulars in
relation to the product, or to have a label approved in relation to containers
for the product, and the other person’s name is entered in those relevant
particulars, or such a label is approved, on the application of the other
person—the other person; or
(iii) if the person who, apart from this subparagraph, would be the
secondary applicant because of subparagraph (i) or (ii) was an individual who
has died or is an individual whose affairs are being lawfully administered by
another person—the legal personal representative of the individual or the
person administering his or her affairs, as the case may be; or
(iv) if the person who, apart from this subparagraph, would be the
secondary applicant because of subparagraph (i) or (ii) was a body
corporate—a successor in law of the body corporate.
secondary applicant, in relation to a secondary active
constituent for a proposed or existing chemical product, means:
(a) if the NRA is considering an application for the approval of that
constituent—the person who made the application; or
(b) if the NRA has reconsidered or is reconsidering the approval of that
constituent:
(i) subject to subparagraphs (ii), (iii) and (iv), the person (the
original applicant) who applied for the approval; or
(ii) subject to subparagraphs (iii) and (iv), if the original applicant
has entered into a contract with another person in relation to the constituent
under which, or as a result of which, the other person will or may apply to the
NRA to have the other person’s name entered in the relevant particulars in
relation to the constituent and the other person’s name is entered in
those particulars on the application of the other person—the other person;
or
(iii) if the person who, apart from this subparagraph, would be the
secondary applicant because of subparagraph (i) or (ii) was an individual who
has died or is an individual whose affairs are being lawfully administered by
another person—the legal personal representative of the individual or the
person administering his or her affairs, as the case may be; or
(iv) if the person who, apart from this subparagraph, would be the
secondary applicant because of subparagraph (i) or (ii) was a body
corporate—a successor in law of the body corporate.
10 Section 39
Repeal the section, substitute:
(1) If:
(a) the primary applicant in relation to a primary active constituent and
the secondary applicant in relation to a secondary active constituent or a
secondary chemical product were parties to an arbitration under Division 3 of
Part 3 as to the terms of compensation; and
(b) the arbitrator gives notice to the NRA under section 68 in respect of
the failure of each party to the arbitration to make a fresh proposal as to the
terms of the compensation or to make a fresh proposal as to those terms that the
arbitrator thinks reasonable;
the NRA may suspend the approval of the primary active constituent or may
suspend the approval of the secondary active constituent or the registration of
the secondary chemical product, as the case may be, or may do both of those
things.
(2) If:
(a) the primary applicant in relation to a primary chemical product and
the secondary applicant in relation to a secondary chemical product were parties
to an arbitration under Division 3 of Part 3 as to the terms of compensation;
and
(b) the arbitrator gives notice to the NRA under section 68 in respect of
the failure of each party to the arbitration to make a fresh proposal as to the
terms of the compensation or to make a fresh proposal as to those terms that the
arbitrator thinks reasonable;
the NRA may suspend the registration of either or both of those
products.
11 Subsections 57(1), (2) and
(3)
Repeal the subsections, substitute:
(1) This Part contains provisions that entitle a person who has provided
protected information to the NRA in relation to a protected active constituent
or in relation to a protected chemical product, in compliance with a requirement
made of the person by the NRA, to receive compensation from anyone else who
wishes the information to be used by the NRA in connection with an application
for the approval, or continued approval, of another active constituent or the
registration, or continued registration, of another chemical product.
(2) Compensation is not payable in respect of the information
unless:
(a) the protected active constituent or the protected chemical product is
or includes a patentable invention and the term of the patent has ended or is
about to end; and
(b) the information was obtained from trials or laboratory experiments and
relates to the interaction between the constituent or product and:
(i) the environment; or
(ii) living organisms or naturally occurring populations in ecosystems,
including human beings;
and is not information that was obtained merely for the purpose of
assessing the performance of the constituent or product.
(3) Compensation is not payable in respect of information if the
constituent or product is for use only in relation to a species of animals that
is not a food-producing species.
12 Subsection 59(1)
Repeal the subsection, substitute:
(1) Subject to subsection (2), if, in compliance with a requirement that
the NRA:
(a) has made under paragraph 32(2)(b) or section 33; or
(b) has made under section 159 for the purposes of paragraph 159(1)(c) or
(d);
protected information has been given to the NRA in relation to:
(c) a protected active constituent for a proposed or existing chemical
product (the primary active constituent); or
(d) a protected chemical product (the primary chemical
product);
the NRA must not use the information in determining whether to approve, or
to continue the approval of, another active constituent for a proposed or
existing chemical product (the secondary active constituent), or
whether to register, or to continue the registration of, another chemical
product (the secondary chemical product).
Note: The heading to section 59 is altered by omitting
“registration”.
13 Subparagraph 59(2)(a)(i)
Omit “the secondary chemical product”, substitute “the
secondary active constituent or the secondary chemical product, as the case may
be”.
14 Paragraph 59(5)(a)
After “validity of any”, insert “approval, or continued
approval, of the secondary active constituent or the validity of
any”.
15 Paragraph 60(1)(a)
Repeal the paragraph, substitute:
(a) the NRA is unable to complete its consideration of:
(i) the approval or continued approval of an active constituent for a
proposed or existing chemical product; or
(ii) the registration or continued registration of a secondary chemical
product;
under this Code unless it uses protected information; and
16 Paragraph 60(2)(a)
Repeal the paragraph, substitute:
(a) stating that the NRA’s consideration of:
(i) the approval or continued approval of the secondary active
constituent; or
(ii) the registration or continued registration of the secondary chemical
product;
cannot be completed unless the NRA uses the information; and
17 Subparagraphs 60(3)(a)(i) and
(ii)
Repeal the subparagraphs, substitute:
(i) in respect of the notice to a primary applicant—the prescribed
information about the secondary applicant and about the secondary active
constituent or the secondary chemical product, as the case may be; or
(ii) in respect of the notice to the secondary applicant—the
prescribed information about the primary applicant and about the primary active
constituent or the primary chemical product, or about each primary applicant and
about each primary active constituent or primary chemical product, as the case
may be; and
18 Paragraph 60(3)(b)
Repeal the paragraph, substitute:
(b) stating that the NRA’s consideration of the approval or
continued approval of the secondary active constituent, or of the registration
or continued registration of the secondary chemical product, cannot be completed
unless the NRA uses protected information given by a primary applicant but the
NRA is precluded from using that information except in circumstances prescribed
by paragraph 59(2)(a), (b) or (d) and setting out those circumstances;
and
19 Subparagraph
60(3)(d)(iii)
Repeal the subparagraph, substitute:
(iii) if the arbitrator finds that no reasonable proposals were made, the
NRA may suspend the approval of the primary active constituent or the
registration of the primary chemical product (as the case may be), or the
approval of the secondary active constituent or the registration of the
secondary chemical product (as the case may be), or both; and
20 Paragraphs 61(a), (c) and
(d)
Omit “protected registration information”, substitute
“protected information”.
21 Subparagraphs 69(1)(b)(i) and
(ii)
Omit “protected registration information”, substitute
“protected information”.
22 Subsection 69(3)
Omit “protected registration information”, substitute
“protected information”.
23 Subsection 72(3)
Repeal the subsection, substitute:
(3) Section 73 contains special provisions relating to the application of
this Part to veterinary surgeons.
24 Paragraph 167(1)(h)
Omit “registration”.
1 Subsection 3(1)
Insert:
non-benefit parenting allowance
2 After subsection 12(1)
Insert:
(1A) If a person is a member of a couple, drought relief payment is not
payable to the person for a period if the person’s partner is receiving,
or has received, farm household support or drought relief payment for that
period.
3 Subsection 21(4)
After “section”, insert “21A or”.
4 Subsection 24A(1)
Repeal the subsection, substitute:
(1) The fortnightly rate at which drought relief payment is payable to a
person is the sum of the following rates:
(a) the fortnightly rate at which newstart allowance would be payable to
the person if the person were entitled to receive newstart allowance;
(b) if the person is a member of a couple and the partner allowance rate
in relation to the person’s partner exceeds the income support payment in
relation to the person’s partner—the fortnightly rate that is the
difference between those rates;
(c) if the exempt assets family payment rate in relation to the person or
the person’s partner exceeds the family payment rate in relation to the
person or the person’s partner—the fortnightly rate that is the
difference between those rates.
(1A) For the purposes of subsection (1):
exempt assets family payment rate, in relation to a person or
a person’s partner, means the fortnightly rate at which family payment
would be payable to that person or that partner, taking into account the rule in
subsection (2).
family payment rate, in relation to a person or a
person’s partner, means the fortnightly rate at which that person or that
partner is receiving family payment (if any).
income support payment rate, in relation to a person’s
partner, means the fortnightly rate at which that partner is receiving one (if
any) of the following payments:
(a) social security pension;
(b) a social security benefit (except newstart allowance);
(c) non-benefit parenting allowance;
(d) a pension under Part II, III or IV of the Veterans’
Entitlements Act 1986.
partner allowance rate, in relation to a person’s
partner, means the fortnightly rate at which:
(a) that partner is receiving partner allowance; or
(b) partner allowance would be payable to that partner if that partner
were entitled to receive partner allowance.
5 Subsection 24A(2)
Omit “subsection (1)”, substitute “this
section”.
1 The whole of the Act
Repeal the Act.
2 Transfer of rights, assets, obligations and
liabilities
By force of this item, all rights, assets, obligations and liabilities of
the Committee are transferred on the commencement day to the TRDC.
3 Annual report of the
Committee
(1) The TRDC must, as soon as practicable after the commencement day,
prepare:
(a) a report on the operation of the Tobacco Marketing Act 1965
during the period commencing on 1 January 1996 and ending on the day before the
commencement day; and
(b) the financial statements of the Committee in respect of that period,
in the form that the Minister for Finance approves.
(2) Before giving the financial statements to the Minister, the TRDC must
give the financial statements to the Auditor-General, who must report to the
Minister on the matters set out in paragraphs 26(2)(a), (b), (c) and (d) of the
Tobacco Marketing Act 1965.
(3) If the commencement day occurs before the day on which the TRDC gives
to the Minister its own annual report for the year ending on 30 June 1997,
the TRDC must include the report and financial statements referred to in subitem
(1) in its own report.
(4) If the commencement day occurs on or after the day on which the TRDC
gives to the Minister its own annual report for the year ending on 30 June 1997,
the TRDC must, as soon as practicable after the commencement day, give to the
Minister the report and financial statements referred to in subitem (1). The
Minister must comply with subsection 26(3) of the Tobacco Marketing Act
1965.
(5) For the purposes of this item:
(a) subsections 26(2) and (3) of the Tobacco Marketing Act 1965 are
taken to continue in force despite the repeal of that Act; and
(b) the reference to year in paragraph 26(2)(c) of the Tobacco
Marketing Act 1965 is taken to be a reference to the period referred to in
paragraph (1)(a) of this item.
Note: The TRDC will be required to give to the Minister its
own annual report for the year ending on 30 June 1997 under section 63H of the
Audit Act 1901 or, if the Commonwealth Authorities and Companies Act
1996 commences before the TRDC gives the report to the Minister, under
section 9 of that Act.
4 Definitions
In this Part:
commencement day means the day on which this Part
commences.
Committee means the Australian Tobacco Marketing Advisory
Committee established by section 5 of the Tobacco Marketing Act
1965.
Minister means the Minister for Primary Industries and
Energy.
TRDC means the Tobacco Research and Development Corporation
established by regulation 4 of the Tobacco Research and Development Corporation
Regulations 1995.
1 Subsection 79(2)
Omit “1997”, substitute “2000”.
Dried
Vine Fruits Equalization Act 1978
1 Subsection 3(1) (definition of
levy)
Repeal the definition.
2 Section 31
Repeal the section.
Forestry
and Timber Bureau Act 1930
3 Subsection 2(1) (definition of the
Territories)
Omit “, Papua New Guinea”.
Primary
Industries and Energy Research and Development Act 1989
4 Schedule 2, amendment of subsection 5(3) of
the Honey Export Charge Act 1973
Omit “5(3)”, substitute
“7(3)”.
Note: This
amendment corrects a misdescribed amendment of the
Honey Export Charge Act 1973.
Primary
Industries Levies and Charges Collection (Consequential Provisions) Act
1991
5 Schedule 1, first amendment of subsection 3(1)
of the Dried Vine Fruits Equalization Act 1978
Omit “‘month’,”.
Note: This amendment corrects a misdescribed amendment of
the Dried Vine Fruits Equalization Act 1978.
6 Schedule 1, amendment of paragraph 7(1)(b) of
the Dried Vine Fruits Equalization Act 1978
Repeal the amendment.
Note: This amendment corrects a misdescribed amendment of
the Dried Vine Fruits Equalization Act 1978.
7 Schedule 1, amendment of the Dried Vine
Fruits Equalization Act 1978 to omit Part III
Repeal the amendment.
Note: This amendment corrects a misdescribed amendment of
the Dried Vine Fruits Equalization Act 1978.
8 Schedule 1, amendment of the Dried Vine
Fruits Equalization Act 1978 to repeal section
29
Repeal the amendment.
Note: This amendment corrects a misdescribed amendment of
the Dried Vine Fruits Equalization Act 1978.
9 Schedule 1, amendment of section 30 of the
Dried Vine Fruits Equalization Act 1978
Repeal the amendment.
Note: This amendment corrects a misdescribed amendment of
the Dried Vine Fruits Equalization Act 1978.