Commonwealth of Australia Explanatory Memoranda

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AGRICULTURE, FISHERIES AND FORESTRY LEGISLATION AMENDMENT BILL (NO. 1) 1998

1998






THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA



HOUSE OF REPRESENTATIVES



AGRICULTURE, FISHERIES AND FORESTRY LEGISLATION AMENDMENT BILL (NO 1) 1998









EXPLANATORY MEMORANDUM












(Circulated by authority of the Minister for Agriculture, Fisheries and Forestry,
the Hon Mark Vaile, MP)

ISBN: 0642 377200
AGRICULTURE, FISHERIES AND FORESTRY LEGISLATION AMENDMENT BILL (NO 1) 1998

GENERAL OUTLINE

Schedule 1 - Repeal of the Dried Vine Fruits Equalization Act 1978 and savings provision

The Dried Vine Fruits Equalization Act 1978 (the Act) requires the equalization (averaging) of export returns received for dried vine fruits (sultanas, currants and raisins). The industry now contends that, in the prevailing market circumstances, equalization arrangements are inappropriate and mask market signals and inhibit innovation. Dried vine fruits are the only commodity which still operates a statutory equalization scheme.

The equalization of domestic returns was excised in amendments to the Act in 1991.

Industry had requested that the current statutory arrangements be repealed from the beginning of the 1998 season, but the request could not be met in the Parliamentary timetable.

Repeal of the Act is required to give effect to the removal of the statutory equalization of export returns for the 1999 season, which commences on 1 January 1999.

Schedule 2 - Amendment of the Pig Industry Act 1986

The Bill amends the Pig Industry Act 1986 (the Act) by replacing reference to the former National Meat Processors’ Association with reference to the Australian Food Council’s Processed Meats Forum, which is now the meat processors’ representative body.

The amendments will allow for a nominee of the Australian Food Council’s (AFC’s) Processed Meats Forum to be nominated to the selection committee for the Australian Pork Corporation (APC) in lieu of the disbanded National Meat Processors Association (NMPA) currently stipulated in the Act. It also provides for the AFC Processed Meats Forum to be defined as an “eligible industry body” for the purpose of making of regulations, prescribing levy amounts, formulating or revising a corporate plan or annual operational plan, and the appointment of the Australian Pork Corporation company auditor, in lieu of the disbanded NMPA.

The amendments will allow for establishment of a new APC selection committee, so that vacancy action for the APC board can be commenced.

FINANCIAL IMPACT STATEMENT

There will be no financial impact on the Commonwealth.

NOTES ON CLAUSES

Clause 1 - Short Title

This clause provides for the Act to be called the Agriculture, Fisheries and Forestry Legislation Amendment Act (No 1) 1998.

Clause 2 - Commencement

This clause provides for the repeal of the Dried Vine Fruits Equalisation Act 1978 to take effect from 1 January 1999 and for the other amendments to take effect on the day the Act receives Royal Assent.

Clause 3 - Schedule(s)

This clause provides that the Acts referred to in the Schedules are amended as set out in the Schedules and the other items in the Schedules have effect according to their terms.


SCHEDULE 1 - REPEAL OF THE DRIED VINE FRUITS EQUALIZATION ACT 1978 AND SAVINGS PROVISION

Part 1 - Repeal of the Dried Vine Fruits Equalization Act 1978

Item 1: The whole of the Act

This provision repeals the Dried Vine Fruits Equalization Act 1978.

Part 2 - Savings provision

Item 2: Savings provision

This provision ensures that all export returns for fruit grown and processed during the previous 1998 season are equalized until all returns on exported dried vine fruit are requited. This provision maintains equity for all exporters.


SCHEDULE 2 - AMENDMENT OF THE PIG INDUSTRY ACT 1986

Item 1: Section 3 (before the definition of Committee)

This item provides for the “AFC Processed Meats Forum” to be defined in the Act.

Item 2: Section 3

This item provides for the “Australian Food Council” to be defined in the Act.

Item 3: Section 3 (paragraph (b) of the definition of eligible industry body)

This item removes reference to the National Meat Processors’ Association as an eligible industry body, and replaces it with reference to the AFC Processed Meats Forum.

Item 4: Paragraph 42(1)(c)

This item deletes reference to a member nominated by the National Meat Processors’ Association on the APC Selection Committee, and substitutes it with reference to a member nominated by the AFC Processed Meats Forum.

Item 5: Subsection 46(3)

This item allows for the Minister to terminate the appointment of the member nominated by the AFC Processed Meats Forum on the APC Selection Committee, at the request of the AFC Processed Meats Forum.

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