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Primary Industries Legislation Further
Amendment Bill 2009
Introduction Print
EXPLANATORY MEMORANDUM
Background
The Primary Industries Legislation Amendment Act 2009 was expected to
have been passed before the end of 2008 and therefore includes a number of
provisions that were to commence on 1 January 2009 and forced
commencement dates that are no longer practical. Consequently the Primary
Industries Legislation Further Amendment Bill 2009 (this Bill) has been
drafted to be passed consecutively with the Primary Industries Legislation
Amendment Act 2009 to amend the commencement provisions of that Act
so as to clarify the operation of that Act and to avoid any retrospective
operation. Other minor amendments are also required that are also
consequential to the Primary Industries Legislation Amendment Act 2009
not being passed before 31 December 2008.
Clause Notes
Clause 1 sets out the main purpose of this Bill which is to amend the
Primary Industries Legislation Amendment Act 2009 to
change the dates on which a number of provisions commence
operation.
Clause 2 provides for this Bill to come into operation on Royal Assent.
Clause 3 amends the commencement provisions as follows--
Clauses 3(1) and 3(2) provide for the provisions in Division 1 of
Part 5 of the Primary Industries Legislation Amendment Act
2009, which amends the consultative arrangements in the
Fisheries Act 1995, to commence on the day after Royal Assent
in place of 1 January 2009.
Clause 3(3) provides for sections 9, 10, 18 and 107 of the
Primary Industries Legislation Amendment Act 2009, which
amend certain sections of the Catchment and Land Protection
Act 1994 and the Prevention of Cruelty to Animals Act 1986,
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to have a forced commencement on 31 December 2010 in place
of 1 December 2009. This will ensure that there is enough time
available for the implementation of these amendments.
Clause 3(4) provides for sections 109 to 119 of the Primary
Industries Legislation Amendment Act 2009, which amend
the Veterinary Practice Act 1997, to have a forced
commencement on 31 December 2010 in place of 31 December
2008. These provisions implement in Victoria an agreed national
model for the national registration of veterinary practitioners.
The delayed forced commencement date will allow sufficient
time for this legislation to be implemented in a manner consistent
with other state regimes.
Clause 3(5) inserts a new section 2(7) in the Primary Industries
Legislation Amendment Act 2009 to provide that that Act is
deemed to have been enacted as amended by this Bill.
Clause 4 amends section 46 of the Primary Industries Legislation
Amendment Act 2009 to substitute references to 1 January 2009
in new section 163B of the Fisheries Act 1995 with references to
the commencement date which is defined by section 163B(6) of
the Fisheries Act 1995 (inserted by this clause) to be the
commencement date of Division 1 of Part 5 of the Primary
Industries Legislation Amendment Act 2009 (which pursuant
to the amendments made by clause 3 of this Bill will be on the
day after the day on which that Act receives Royal Assent).
Clause 46 of the Primary Industries Legislation Amendment
Act 2009 provides for transitional arrangements relating to the
abolition of the Fisheries Co-Management Council, fisheries
committees and the Fisheries Revenue Allocation Committee.
Clause 5 amends clause 100 of the Primary Industries Legislation
Amendment Act 2009, which amends section 126(1) of the
Livestock Disease Control Act 1994, to ensure that clause 100
refers to the current wording of section 126 which was amended
by the State Taxation Acts Further Amendment Act 2008 with
effect from 1 January 2009.
Clause 6 amends section 121 of the Primary Industries Legislation
Amendment Act 2009 to change the date of the automatic repeal
of that Act. This change is consequential to the changes made to
the forced commencement dates in section 2 of that Act by
clause 3 of this Bill.
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Clause 7 provides that this Act is automatically repealed on the first
anniversary of its commencement. The repeal of this Act does
not effect the continued operation of the amendments made by
this Act (see section 15(1) of the Interpretation of Legislation
Act 1984).
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