An Act relating to the Australian meat and live‑stock
industry, and for related purposes
Part 1—Preliminary
1
Short title [see Note 1]
This Act may be cited as the Australian
Meat and Live‑stock Industry Act 1997.
2
Commencement [see Note 1]
(1) Part 1 of this Act commences on the
day on which this Act receives the Royal Assent.
(2) Subject to subsection (3), the other
provisions of this Act commence on a day or days to be fixed by Proclamation.
(3) If a provision of this Act does not
commence under subsection (2) within 9 months after the day on which this
Act receives the Royal Assent, it commences on the first day after the end of
that period.
3
Definitions
In this Act, unless the contrary
intention appears:
associate of a person (the subject
person) includes a reference to:
(a) a person who is or was a
consultant, adviser, partner, representative on retainer, employer or employee
of:
(i) the subject person; or
(ii) any corporation of
which the subject person is an officer or employee or in which the subject
person holds shares; and
(b) the spouse, or de facto partner
(within the meaning of the Acts Interpretation Act 1901), of the subject
person; and
(c) any other person, not mentioned in
paragraph (a) or (b), who is or was:
(i) directly or indirectly
concerned in; or
(ii) in a position to
control or influence the conduct of;
a business or undertaking of:
(iii) the subject person; or
(iv) a corporation of which
the subject person is an officer or employee, or in which the subject person
holds shares; and
(d) a corporation:
(i) of which the subject
person, or any of the other persons mentioned in paragraphs (a), (b) and
(c), is an officer or employee; or
(ii) in which the subject
person, or any of those other persons, holds shares.
cattle means bovine animals other than
buffaloes.
edible offal means any edible portion, other
than the flesh, of cattle, calves, sheep, lambs, goats or other animals
prescribed for the purposes of the definition of meat.
industry means the meat and live‑stock
industry.
live‑stock means cattle, calves, sheep,
lambs, goats or other animals prescribed for the purposes of this definition.
meat means the fresh or preserved flesh of
cattle, calves, sheep, lambs, goats or other animals prescribed for the
purposes of this definition, and includes meat products, meat by‑products
and edible offal, but does not include meat of a kind declared by the
regulations to be, for the purposes of this Act, unfit for human consumption.
meat by‑product includes skin, hide,
tallow, meat meal and inedible offal.
meat product means food prepared from or
containing meat, and includes canned meat.
4
Crown to be bound
(1) This Act binds the Crown in each of its
capacities.
(2) This Act does not make the Crown liable
to be prosecuted for an offence.
5
Application of this Act
This Act applies both within and outside
Australia.
6
Application of the Criminal Code
Chapter 2 of the Criminal Code
applies to all offences against this Act.
Part 2—Control of meat and live‑stock exports
Division 1—Preliminary
7
Definitions
In this Part, unless the contrary
intention appears:
authorised officer means a person appointed
under section 49 to be an authorised officer.
cattle producer means a person engaged in the
raising or fattening of cattle.
covering includes a stopper, glass, bottle,
vessel, box, container, capsule, case, frame or wrapper.
enter, in relation to a vessel or aircraft,
includes go on board.
evidential material means a thing relevant to
an offence, including such a thing in electronic form.
examine includes count, measure, weigh, grade
or gauge.
exporter means a person engaged in the
business of exporting meat or live‑stock, or both.
export licence means a meat export licence or
live‑stock export licence.
live‑stock export licence means a
licence granted under this Part to export live‑stock from Australia, and
includes such a licence that has been renewed.
live‑stock producer means a person
engaged in the raising or fattening of live‑stock.
meat export licence means a licence granted
under this Part to export meat from Australia, and includes such a licence that
has been renewed.
occupier, in relation to a vehicle, vessel or
aircraft, means the person in charge of the vehicle, vessel or aircraft.
premises includes any place (whether
enclosed, or built on, or not), vehicle, vessel or aircraft.
registered premises means premises
registered, or that are part of an establishment that is registered, under
regulations made under the Export Control Act 1982.
Secretary means the Secretary of the
Department.
show cause notice means a notice under
section 23.
8 Meat
or live‑stock export business
(1) For the purposes of this Part, a person
is taken to be a person who participates, or who would participate, in the
management or control of the meat or live‑stock export business, or
proposed meat or live‑stock export business, of another person if:
(a) the first‑mentioned person
has or would have authority to direct the operations, or an important or
substantial part of the operations, of the business or proposed business; or
(b) the first‑mentioned person
has or would have authority to direct a person who has or would have authority
of the kind referred to in paragraph (a) in the exercise of that authority
or proposed authority.
(2) A reference in this Part to the meat
export business, or proposed meat export business, of a person includes a
reference to any operations:
(a) that are carried out or proposed
to be carried out by the person for or in connection with the slaughtering of
animals, the dressing of animal carcases or the treatment, packing, carriage,
handling or storage of meat (including meat that is of a kind declared by the
regulations to be meat unfit for human consumption); and
(b) that:
(i) are or are proposed to
be carried out as part of the business or proposed business; or
(ii) are or are proposed to
be carried out, wholly or partly, in connection with the business or proposed
business.
(3) If:
(a) a corporation (the relevant
corporation) is the holder of, or an applicant for, a meat export
licence; and
(b) a corporation that is related to
the relevant corporation carries out, or proposes to carry out, operations (the
relevant operations) for or in connection with the slaughtering
of animals, the dressing of animal carcases or the treatment, packing,
carriage, handling or storage of meat (including meat of a kind declared by the
regulations to be meat unfit for human consumption); and
(c) the relevant operations are or are
proposed to be carried out, wholly or partly, in connection with the meat
export business, or proposed meat export business, of the relevant corporation;
the relevant operations are taken, for the purposes of
this Part, to be operations carried out or proposed to be carried out by the
relevant corporation as part of its meat export business or proposed meat
export business.
(4) For the purposes of subsection (3),
the question whether corporations are related to each other is to be determined
in the same manner as that question would be determined under the Corporations
Act 2001.
(5) In subsections (3) and (4):
corporation means a corporation within the
meaning of the Corporations Act 2001.
9
Secretary must have regard to industry policies
The Secretary must, in exercising the
powers of the Secretary under Divisions 2 and 3 of this Part in relation
to the export of meat from Australia, have regard to any broad policies in
relation to such exports that are formulated jointly by prescribed industry
bodies.
Division 2—Export licences
10
Grant of export licence
(1) Subject to this Part, the Secretary may
grant a person a licence, in writing, to export meat from Australia or to
export live‑stock from Australia.
(2) The Secretary may, under subsection (1),
grant a person both kinds of licence.
(3) Subsection (1) does not prevent the
Secretary from giving directions under section 17 restricting the kind of
meat or live‑stock export business, as the case may be, that the holder
of an export licence is to be permitted to carry on under the conditions of the
licence.
11
Application for licence
(1) An application for an export licence must
be made in accordance with the regulations.
(2) An applicant for an export licence must
pay the prescribed fee in respect of the application:
(a) when the application is lodged; or
(b) at any later time permitted under
the regulations.
(3) If a person has given the Secretary
information or a document in connection with an application for an export
licence and, before the application is granted or refused:
(a) a change happens so that the
information, or anything stated in the document, ceases to be correct in
relation to a matter; or
(b) the person becomes aware that the
information, or anything stated in the document, is incorrect in relation to a
matter;
the person must, within 7 days after the change happens or
the person becomes so aware, as the case may be, give the Secretary a written
statement setting out the correct particulars of the matter.
(4) A person who fails to comply with subsection (3)
is guilty of an offence punishable, on conviction, by imprisonment for not
longer than 12 months.
Note: Subsection 4B(2) of the Crimes Act 1914
allows a court to impose an appropriate fine instead of, or in addition to, a
term of imprisonment. If a body corporate is convicted of the offence,
subsection 4B(3) of that Act allows a court to impose a maximum fine of an
amount that is 5 times the maximum fine that could be imposed on an individual
convicted of the same offence
12
Requirements for grant of licence
(1) The Secretary must not grant an export
licence unless satisfied that:
(a) if the applicant is an individual,
the applicant is:
(i) a person of integrity;
and
(ii) competent to hold the
licence; and
(iii) a person of sound
financial standing; and
(b) if the applicant is a body
corporate, the applicant is:
(i) a body corporate of
integrity; and
(ii) competent to hold the
licence; and
(iii) a body corporate of
sound financial standing; and
(c) each person who participates or
would participate, in the management or control of the applicant’s meat or live‑stock
export business or proposed meat or live‑stock export business is a
person of integrity; and
(d) the applicant is, and is likely to
continue to be, able to comply with the conditions to which the licence, if
granted, would be subject; and
(e) the granting of the licence to the
applicant would not, for any other reason, be contrary to the interests of the
industry.
(2) The regulations may prescribe the matters
to which the Secretary is to have regard for the purpose of satisfying himself
or herself about the matters referred to in subsection (1).
(3) Without limiting subsection (2), for
the purpose of satisfying himself or herself about the matters referred to in subsection (1)
in relation to an application for a live‑stock export licence, the
Secretary may have regard to the extent to which the applicant has complied
with any requirements of or under the Export Control Act 1982, including
any conditions or restrictions:
(a) to which a licence or permission
under that Act, to export prescribed goods that are live‑stock, was
subject; or
(b) that otherwise relate to the
export of prescribed goods that are live‑stock.
13
Notice of refusal to grant licence
If the Secretary refuses to grant an
application for an export licence, the Secretary must notify the applicant in
writing of the refusal.
14
Review of refusal to grant licence
(1) Application may be made to the
Administrative Appeals Tribunal for review of a decision of the Secretary
refusing an application for an export licence.
(2) If an application for an export licence
has not been determined within 2 months after it is made, the Secretary is
taken, for the purposes of subsection (1), to have refused the
application.
15
Licence subject to prescribed conditions
An export licence is subject to any
conditions that are prescribed by the regulations, in addition to the
conditions to which an export licence is subject under this Act.
16
Licence subject to condition that holder inform the Secretary of certain events
An export licence is subject to a
condition that, if a prescribed event or circumstance happens, the holder of
the licence will, within the prescribed time after the event or circumstance
happens, give the Secretary written particulars of the event or circumstance.
17
Licence also subject to compliance with orders and directions under this
section
(1) The Secretary may:
(a) make written orders, not
inconsistent with the regulations, to be complied with by the holders of export
licences; and
(b) give written directions, not
inconsistent with the regulations, to be complied with by the holder of an
export licence.
(2) Without limiting subsection (1),
orders made and directions given under this section may make provision with
respect to any matter relating to, or incidental to, the following:
(a) the quality, standard and grading
of meat and live‑stock;
(b) the purchase of meat and live‑stock;
(c) the terms and conditions of the
sale of meat and live‑stock, including terms and conditions relating to
price;
(d) the carriage, handling and storage
of meat and live‑stock;
(e) the sale and distribution of meat
and live‑stock after export;
(f) the keeping of, and access to,
records;
(g) the measures to be taken to ensure
compliance with orders made under this section or section 18 or directions
given under this section.
(3) Without limiting subsection (1),
orders made and directions given under this section:
(a) may prohibit (either absolutely or
unless particular conditions are complied with) the export, or sale for export,
of meat or live‑stock by reference to any one or more of the following
matters:
(i) quantity;
(ii) quality, standard,
grade or class;
(iii) the countries or
places to which the meat or live‑stock, as the case may be, is not to be
exported;
(iv) the persons to whom, or
the authorities or organisations to which, the meat or live‑stock, as the
case may be, is not to be exported or sold for export;
(v) any other matter that
the Secretary thinks appropriate; and
(b) may require the holder of an
export licence to do any one or more of the following:
(i) obtain the prior
approval of the Secretary for each export, or each export of a particular kind,
to be made by the holder of the licence;
(ii) make declarations to
the Secretary, including declarations with respect to meat or live‑stock
that have been exported, or are proposed to be exported, from Australia;
(iii) give information, send
returns or produce documents, to the Secretary, including information, returns
or documents with respect to sales, or orders for the supply, of meat or live‑stock.
(4) If a direction given under this section
is inconsistent with an order made under this section or section 18, the
direction prevails and the order, to the extent of the inconsistency, does not
have any effect.
(5) An export licence is subject to the
condition that the holder of the licence must comply with:
(a) orders made under this section;
and
(b) any directions given from time to
time to the holder under this section.
18
Secretary may make certain orders
(1) If the Secretary is satisfied that a
person, authority or organisation is in a position to set the prices for all,
or substantially all, of the meat or live‑stock, or of meat or live‑stock
of a particular quality, exported from Australia to a country or place, the
Secretary may make any orders that he or she considers necessary or desirable
for the purpose of ensuring that Australian live‑stock producers receive
a fair return in respect of meat or live‑stock, or meat or live‑stock
of that quality, exported from Australia to that country or place.
(2) The Secretary may make any orders that he
or she considers:
(a) would be beneficial for the
development, or the further development, in a country or place outside Australia,
of a market for meat or live‑stock, or of a market for meat or live‑stock
of a particular quality, exported from Australia; and
(b) would be in the best commercial
interests of the industry.
(3) Without limiting subsection (1) or
(2), an order under either of those subsections may prohibit (either absolutely
or unless particular conditions are complied with) the export, or sale for
export, of meat or live‑stock, or of meat or live‑stock of the
particular quality, from Australia to the country or place by any one other
than a specified holder of an export licence.
(4) An order under this section must not be
inconsistent with the regulations.
(5) An export licence is subject to the
condition that the holder must comply with orders under this section.
(6) In this section:
quality includes standard, grade and class.
19
Orders are disallowable instruments
Orders made under section 17 or 18
are disallowable instruments for the purposes of section 46A of the Acts
Interpretation Act 1901.
20
Directions by the Secretary
(1) If a notice setting out the terms of
directions given under section 17 to the holder of an export licence is
given personally to, is served by post on, or is sent by telegraph, telex,
facsimile service or a similar means of communication to, the holder of the
licence, the directions are taken, for the purposes of paragraph 17(5)(b) to
have been given to the holder of the licence.
(2) Application may be made to the
Administrative Appeals Tribunal for review of a direction under section 17.
21
Duration of licence
An export licence:
(a) comes into force on the date
stated in the licence or, if no date is stated, the date on which it is
granted; and
(b) subject to this Part, remains in
force for the period (which must be at least one year) stated in the licence,
but may be renewed under section 22.
22
Renewal of licence
(1) The holder of an export licence may, not
earlier than 3 months and not later than one month before the licence is due to
expire, apply to the Secretary for the renewal of the licence.
(2) The Secretary may extend the period
within which an application for the renewal of an export licence may be made,
whether or not the period has ended or the licence has expired.
(3) An application for the renewal of an
export licence must be made in accordance with the regulations.
(4) An application for renewal of an export
licence must pay the prescribed fee in respect of the application when the
application is lodged, or at any later time permitted under the regulations.
(5) If the holder of an export licence duly
applies for the renewal of the licence, the Secretary must, in writing, renew
the licence unless the Secretary has determined under paragraph 24(1)(d) that
the licence not be renewed.
(6) Subject to this Part, an export licence
that has been renewed continues in force for the period (which must be at least
one year) specified in the renewal instrument, but may be further renewed under
this section.
(7) A renewal of an export licence does not
take effect if the licence is cancelled under paragraph 24(1)(c).
(8) An export licence that is suspended may
be renewed under this section, but the renewal does not take effect until the
suspension stops.
(9) Application may be made to the Administrative
Appeals Tribunal for review of a decision by the Secretary under subsection (2).
23
Notice to licence holder to show cause
(1) If the Secretary has reasonable grounds
for believing, in relation to an export licence, that:
(a) if the licence is held by an
individual, the holder of the licence has ceased to be:
(i) a person of integrity;
or
(ii) competent to hold the
licence; or
(iii) a person of sound
financial standing; or
(b) if
the licence is held by a body corporate, the holder of the licence has ceased
to be:
(i) a body corporate of
integrity; or
(ii) competent to hold the
licence; or
(iii) a body corporate of
sound financial standing; or
(c) a person who has begun to
participate in the management or control of the meat or live‑stock export
business of the holder of the licence is not a person of integrity; or
(d) a person who participates in the
management or control of the meat or live‑stock export business of the
holder of the licence has ceased to be a person of integrity; or
(e) information or a document given to
the Secretary in connection with the application for the licence was false or
misleading and, if the information or document has not been false or
misleading, the licence would not have been granted; or
(ea) if the licence is a licence to
export live‑stock and the holder was required to make a declaration of a
kind mentioned in subsection 7(3B) of the Export Control Act 1982 as a
condition subject to which a licence or permission to export under that Act was
granted—the holder made any such declaration falsely; or
(f) the holder of the licence failed
to comply with subsection 11(3) in relation to the application for the licence
and, if the failure had not occurred, the licence would not have been granted;
or
(g) the holder of the licence has
contravened a condition of the licence;
the Secretary may give a written notice under this section
to the holder of the licence.
(1A) Without limiting subsection (2), for
the purpose of determining whether a circumstance mentioned in subsection (1)
has occurred in relation to a live‑stock export licence, the Secretary
may have regard to the extent to which the holder has complied with any
requirements of or under the Export Control Act 1982, including any
conditions or restrictions:
(a) to which a licence or permission
under that Act, to export prescribed goods that are live‑stock, was
subject; or
(b) that otherwise relate to the
export of prescribed goods that are live‑stock.
(2) The regulations may prescribe the matters
to which the Secretary is to have regard in determining whether a circumstance
referred to in paragraph (1)(a), (b), (c) or (d) has occurred.
(2A) If paragraph 25A(2)(b) applies, the
Secretary may give a written notice to the holder of the licence mentioned in that
paragraph.
(3) A show cause notice must:
(a) if subsection (1)
applies—state the grounds on which the Secretary formed the belief because of
which the notice is given; and
(aa) if subsection (2A)
applies—state the grounds on which the Secretary gives the notice; and
(b) include a statement to the effect
that the holder of the relevant licence may, within 14 days after the day on
which the notice is given to the holder, give the Secretary a written statement
showing cause why the licence should not be dealt with under subsection 24(1).
(4) A show cause notice to the holder of an
export licence may state that the licence is suspended, if it appears to the
Secretary to be necessary or desirable in the interests of the industry to
suspend the licence under this section.
(5) If a show cause notice to the holder of
an export licence states that the licence is suspended, the licence is
suspended from the time the notice is given to the holder of the licence.
(6) If an export licence is suspended under
this section, the licence period is taken to include the period of the
suspension.
(7) If an export licence is suspended under
this section:
(a) the Secretary may at any time
revoke the suspension; and
(b) if the licence has not been dealt
with under subsection 24(1) within 60 days after the day on which the licence
is suspended—the suspension lapses at the end of that period.
(8) Application may be made to the
Administrative Appeals Tribunal for review of a decision of the Secretary to
suspend an export licence under this section.
(9) In this section:
licence period, in relation to an export
licence, means the period during which the licence is to remain in force.
24
Powers of the Secretary in relation to licence
(1) If the Secretary:
(a) has given a show cause notice to
the holder of an export licence; and
(b) after considering any written
statement by the holder of the licence given within the period mentioned in
paragraph 23(3)(b), is satisfied:
(i) if subsection 23(1)
applies—of any of the matters mentioned in subsection 23(1); or
(ii) if subsection 23(2A)
applies—that he or she should take action in relation to the licence under any
of paragraphs (c) to (g) of this subsection;
the Secretary may, by written notice given to the holder
of the licence:
(c) cancel the licence; or
(d) if the licence is about to
expire—determine that the licence not be renewed; or
(e) if the licence is not already
suspended—suspend the licence for the period specified in the notice; or
(f) if the licence is already suspended—further
suspend the licence for the period specified in the notice; or
(g) reprimand the holder of the
licence.
(2) If the Secretary:
(a) has given a show cause notice to
the holder of an export licence; and
(b) decides not to take any further
action in the matter;
the Secretary must, by written notice given to the holder,
tell the holder of the decision and, if the licence is suspended under section 23,
revoke the suspension.
(3) The Secretary may suspend or further
suspend an export licence under subsection (1) for a period ending after
the day on which the licence, if not renewed, would expire.
(4) Application may be made to the
Administrative Appeals Tribunal for review of a decision of the Secretary under
subsection (1).
25
Cancellation of licence at request of holder
The Secretary must cancel an export
licence at the written request of the holder of the licence.
25A
Secretary’s powers in relation to licensing of associates
(1) This section applies if:
(a) the Secretary:
(i) refuses to grant a
live‑stock export licence to a person; or
(ii) determines that a
person’s live‑stock export licence not be renewed; or
(iii) suspends, further
suspends or cancels a person’s live‑stock export licence; and
(b) another person is an associate of
the person.
(2) If this section applies, the Secretary
may do either or both of the following, on any one or more occasions:
(a) if the other person is or becomes
an applicant for the grant of a live‑stock export licence—refuse to grant
the licence;
(b) if the other person is or becomes
the holder of a live‑stock export licence—give a written notice under
subsection 23(2A) to the other person.
(3) To avoid doubt, the Secretary may do as
mentioned in subsection (2) whether or not the other person is still an
associate at the time the Secretary does so.
Division 3—Export quotas
26
Definitions
Expressions used in this Division have
the same meanings as in subsection 3(1) of the Australian Meat and Live‑stock
(Quotas) Act 1990.
27
Orders establishing a system or systems of quotas
Without limiting sections 17 and
18, orders under those sections may provide for the establishment and
administration of a system of quotas, including provision for or in relation
to:
(a) the body that is to administer a system
of quotas; and
(b) the method to be used in applying
subsection 6(1) of the Australian Meat and Live‑stock (Quotas) Act
1990; and
(c) the transfer of a quota or a part
of a quota; and
(d) the surrender or cancellation of a
quota or part of a quota.
28
Cancellation and variation of quotas
(1) The Secretary may, by written notice
given to the holder of a quota, cancel the quota, or part of the quota, in
accordance with the orders referred to in section 27.
(2) The Secretary may, by written notice given
to the holder of a quota, vary any or all of the following:
(a) the period of effect of the quota;
(b) the quantity or description of
goods covered by the quota;
(c) the condition or conditions of the
quota.
(3) The Secretary may vary a quota under this
section:
(a) at any time, on his or her own
initiative; or
(b) on application by the holder of
the quota and on payment of the prescribed fee.
29
Reimbursement for reduction of rights under quota
If:
(a) a quota was granted to the holder
of the quota by sale; and
(b) the quota is cancelled, or varied,
other than on application by the holder, so as to reduce the rights granted by
the quota; and
(c) the Minister determines in writing
that, having regard to all the circumstances, it would be appropriate for the
Commonwealth to repay to the holder a specified proportion of the sale price;
the amount specified in the determination is payable to
the holder out of the Consolidated Revenue Fund, which is appropriated
accordingly.
30
Review of decisions
Application may be made to the
Administrative Appeals Tribunal for review of a decision of the Secretary:
(a) cancelling a quota or part of a
quota; or
(b) varying a quota, or refusing to
vary a quota on application by the holder of the quota.
31 Licensees
to comply with quota system
An export licence is subject to the
condition that the holder must comply with subsection 5(2) of the Australian
Meat and Live‑stock (Quotas) Act 1990.
32
Policies on quotas to be made available on request
The Secretary must, if requested by an
exporter, make available to the exporter full particulars of such of the
policies referred to in section 9 as relate to quotas.
33
Concurrent operation of the Australian Meat and Live‑stock (Quotas) Act
and this Division and Division 2
The Australian Meat and Live‑stock
(Quotas) Act 1990 and this Division are in addition to, and not in
substitution for, any provision of Division 2.
Division 4—Enforcement
34
Searches to monitor compliance with Part
(1) Subject to this section, to the extent to
which it is reasonably necessary to do so for the purpose of finding out
whether this Part or the regulations, or the conditions to which export
licences are subject, have been complied with, an authorised officer may, at
any time during ordinary working hours on any day and with any necessary help:
(a) enter any registered premises; or
(b) enter any vehicle, vessel or
aircraft in which the officer has reasonable cause to believe meat or live‑stock,
or records relating to meat or live‑stock, are contained and, if
necessary for the purpose, stop and detain it.
(2) An authorised officer who so enters any
registered premises or any vehicle, vessel or aircraft may, with any necessary
help, do any one or more of the following:
(a) inspect the premises, vehicle,
vessel or aircraft or any thing found there;
(b) seize any thing found there that
may be evidence of the commission of an offence against this Part if the
officer believes on reasonable grounds that it is necessary to seize the thing
to prevent its concealment, loss or destruction;
(c) take samples of any thing
(including parts of the premises, vehicle, vessel or aircraft) found there;
(d) take extracts from, and make
copies of, any document found there.
(3) An authorised officer may not:
(a) under paragraph (2)(b)—seize
a thing; or
(b) under
paragraph (2)(c)—take samples of a thing;
that appears to the officer to be in a person’s possession
or custody unless the officer makes out and tenders to the person a receipt, in
a form approved by the Secretary, for the thing seized or sample taken.
(4) An authorised officer may not exercise
any powers under subsection (1) in relation to any registered premises or
any vehicle, vessel or aircraft if:
(a) the occupier (if any) of the premises,
vehicle, vessel or aircraft has required the officer to produce his or her
identity card for inspection by the occupier; and
(b) the officer fails to comply with
the requirement.
(5) Any thing seized under paragraph (2)(b),
or any sample of any thing taken under paragraph (2)(c), is to be dealt
with as prescribed.
35
Offence‑related searches and seizures
(1) If an authorised officer has reasonable
grounds for suspecting that there may be at any premises a particular thing
that may be evidence of the commission of an offence against this Part, the
officer, with any necessary help, may:
(a) with the consent of the occupier
of the premises; or
(b) under a warrant issued under
section 37;
enter the premises and:
(c) search the premises for the thing;
and
(d) if the thing is found, take
photographs (including video recordings) of the premises or thing, take samples
of the thing, seize the thing or undertake more than one of those activities.
(2) If, in the
course of searching, under a warrant issued under section 37, for a
particular thing in relation to a particular offence, an authorised officer
finds a thing that the officer believes, on reasonable grounds, to be:
(a) a thing that may be evidence of
the commission of the offence, although not the thing stated in the warrant; or
(b) a thing that may be evidence of
the commission of another offence against this Part;
and the officer believes, on reasonable grounds, that it
is necessary to seize the thing in order to prevent its concealment, loss or
destruction, or its use in committing, continuing or repeating the offence or
the other offence, the warrant is taken to authorise the officer to seize the
thing.
36
Release of seized goods
The Secretary may authorise any meat or
live‑stock, or any other thing, seized under section 34 or 35 to be
released to the owner, or to the person from whose possession it was seized,
either unconditionally or on any conditions that the Secretary thinks fit,
including, in respect of meat or live‑stock, conditions as to the giving
of security for payment of the value of the meat or live‑stock if they
are forfeited under section 57.
37
Offence‑related warrants
(1) An authorised officer may apply to a
magistrate for a warrant under this section in relation to particular premises.
(2) Subject to subsection (3), a
magistrate may issue the warrant in accordance with the prescribed form if
satisfied, by information on oath, that there are reasonable grounds for
suspecting that there is, or may be within the next 72 hours, at the premises a
particular thing that may be evidence of the commission of an offence against
this Part.
(3) A magistrate must not issue a warrant
under subsection (2) unless the informant or some other person has given
the magistrate, either orally or by affidavit, any further information that the
magistrate requires about the grounds on which the issue of the warrant is
being sought.
(4) The warrant must:
(a) state the nature of the offence;
and
(b) contain a description of the
premises to which the warrant relates; and
(c) state the kinds of evidential
material that are to be searched for under the warrant; and
(d) authorise an authorised officer
named in the warrant, with any help, and using any force, that is necessary and
reasonable, to enter the premises and exercise the powers referred to in
paragraphs 35(1)(c) and (d) in respect of the thing; and
(e) state whether entry is authorised
to be made at any time of the day or night or during stated hours of the day or
night; and
(f) state a day, not later than 14
days after the day of issue of the warrant, upon which the warrant ceases to
have effect.
38
Announcement before entry
(1) An authorised officer who is authorised
to enter premises under a warrant issued under section 37, or a person
helping such an officer, must, before any person enters the premises under the
warrant:
(a) announce that he or she is
authorised by the warrant to enter the premises; and
(b) give any person at the premises an
opportunity to allow entry to the premises.
(2) The authorised officer, or a person
helping the officer, does not have to comply with subsection (1) if he or
she believes on reasonable grounds that immediate entry to the premises is
required to ensure that the effective execution of the warrant is not
frustrated.
39
Details of warrant to be given to occupier
(1) If a warrant under section 37 in
relation to premises is being executed and the occupier of the premises or
another person who apparently represents the occupier is present at the premises,
the officer or a person helping the officer must make a copy of the warrant
available to that person.
(2) The authorised officer must identify
himself or herself to the person at the premises.
(3) The copy of the warrant referred to in subsection (1)
need not include the signature of the magistrate who issued the warrant.
40 Use
of equipment to examine or process things
(1) An authorised officer who enters premises
under section 34 or 35, or a person helping the officer, may bring to the
premises any equipment reasonably necessary for the examination or processing
of things found at the premises in order to determine whether they are things
that may be seized under that section.
(2) If:
(a) it is not practicable to examine
or process the things at the premises; or
(b) the occupier of the premises
consents in writing;
the things may be moved to another place so that the
examination or processing can be carried out in order to determine whether they
are things that may be seized under section 34 or 35, as the case may be.
(3) If things containing electronically
stored information are moved to another place for the purpose of examination or
processing under subsection (2), the authorised officer must, if it is
practicable to do so:
(a) tell the occupier the address of
the place and the time at which the examination or processing will be carried
out; and
(b) allow the occupier, or a
representative of the occupier, to be present during the examination or
processing.
(4) The authorised officer, or a person
helping the officer, may operate equipment already at the premises to carry out
the examination or processing of a thing found at the premises in order to
determine whether it is a thing that may be seized under section 34 or 35,
as the case may be, if the officer or person helping believes on reasonable
grounds that:
(a) the equipment is suitable for the
examination or processing; and
(b) the examination or processing can
be carried out without damage to the equipment or the thing.
41 Use
of electronic equipment at premises
(1) Subject to subsection (4), if a
thing found at premises that an authorised officer has entered under section 34
or 35 is or includes records of information in a written or electronic form,
the officer, or a person helping the officer, may operate, or the officer may
require the occupier or an employee of the occupier who is present to operate,
equipment at the premises for the purpose of finding out whether:
(a) the equipment; or
(b) a disk, tape or other storage
device that:
(i) is at the premises;
and
(ii) can be used with, or
is associated with, the equipment;
contains records that are relevant to determining whether
this Part or the conditions to which export licences are subject have been
complied with.
(2) If the authorised
officer, or a person helping the officer, after equipment at the premises is
operated, finds that the equipment contains records of the kind mentioned in subsection (1),
or that a disk, tape or other storage device at the premises contains records
of that kind, he or she may:
(a) seize the equipment or the disk,
tape or other storage device; or
(b) if the records can, by using
facilities at the premises, be put in documentary form—operate the facilities
to put the records in that form and seize the documents so produced; or
(c) if the records can be transferred
to a disk, tape or other storage device that:
(i) is brought to the
premises; or
(ii) is at the premises and
whose use for the purpose has been agreed to in writing by the occupier of the
premises;
operate the equipment or other
facilities to copy the records to the storage device and remove the storage
device from the premises.
(3) An
authorised officer or person helping an authorised officer may seize equipment
under paragraph (2)(a) only if:
(a) it is not practicable to put the
relevant records in documentary form as mentioned in paragraph (2)(b) or
to copy the records as mentioned in paragraph (2)(c); or
(b) possession by the occupier of the
equipment could be an offence.
(4) An authorised officer, or a person
helping an authorised officer, must not operate equipment for the purpose
mentioned in subsection (1) unless he or she believes on reasonable
grounds that the operation of the equipment will not damage it.
42
Compensation for damage to electronic equipment
(1) If:
(a) equipment is damaged because of
being operated as mentioned in section 40 or 41; and
(b) the damage was caused by:
(i) insufficient care
being exercised in selecting the person who was to operate the equipment; or
(ii) insufficient care
being exercised by the person (other than the occupier or a person employed by
the occupier) operating the equipment;
the Commonwealth must pay compensation for the damage to
the owner of the equipment.
(2) In determining the amount of compensation
payable, regard is to be had to whether the occupier of the premises and the
employees and agents of the occupier, if they were available at the time, had
provided any warning or guidance as to the operation of the equipment that was
appropriate in the circumstances.
43
Copies of seized things to be given
(1) Subject to
subsection (2), if an authorised officer who has entered premises under
section 34 or 35 seizes:
(a) a document, film, computer file or
other thing that can readily be copied; or
(b) a storage device the information
in which can readily be copied;
the officer must, if asked to do so by the occupier of the
premises or another person who apparently represents the occupier and is
present when the seizure takes place, give a copy of the thing or the
information to that person as soon as practicable after the seizure.
(2) Subsection (1) does not apply if:
(a) the thing that has been seized was
seized under paragraph 41(2)(b) or (c); or
(b) possession by the occupier of the
document, film, computer file, thing or information could be an offence.
44
Return of things that are seized
(1) If an authorised officer seizes a thing
under section 34 or 35, the officer must take reasonable steps to return
it if the reason for its seizure no longer exists.
(2) If the thing has not been returned before
the end of 60 days after its seizure, the authorised officer must take
reasonable steps to return it unless:
(a) proceedings in which the thing may
be used in evidence were begun before the end of the 60 days and have not been
completed (including an appeal to a court in relation to those proceedings); or
(b) the officer may keep the thing
because of an order under section 45; or
(c) the officer is authorised by this
Part or by an order of a court to keep, destroy or dispose of the thing.
(3) If the thing has to be returned, it must
be returned to the person from whom it was seized or, if that person is not
entitled to possess it, to the owner.
(4) If there is a dispute as to the ownership
of the thing, the authorised officer may keep the thing until the dispute is
resolved.
(5) This section has effect subject to
section 45.
45
Court of summary jurisdiction may permit a thing to be kept
(1) If:
(a) before the end of 60 days after an
authorised officer seizes a thing under section 34 or 35; or
(b) before the end of a period
previously stated in an order of a court under this section in respect of a
thing seized by an officer as mentioned in paragraph (a);
proceedings in which the thing may be used in evidence
have not been brought, the officer may apply to a court of summary jurisdiction
for an order that he or she may keep the thing for a further period.
(2) If the
court is satisfied that it is necessary for the authorised officer to continue
to keep the thing:
(a) for the purposes of an
investigation as to whether an offence has been committed; or
(b) to enable evidence of an offence
to be secured for the purposes of a prosecution;
the court may order that the officer may keep the thing
for a period stated in the order.
(3) If the court thinks that notice of the
application should be given to any person, it may require such a notice to be
given before it hears the application.
46
Warrants may be granted by telephone in urgent circumstances
(1) If, because of circumstances of urgency,
an authorised officer considers it necessary to do so, the officer may apply,
by telephone, for a warrant under subsection 37(1).
(2) Before so applying, an authorised officer
must prepare an information of a kind referred to in subsection 37(2) that sets
out the grounds on which the issue of the warrant is being sought, but the
officer may, if it is necessary to do so, apply before the information has been
sworn.
(3) If a
magistrate to whom an application is made by telephone is satisfied:
(a) after having considered the terms
of the information prepared under subsection (2); and
(b) after having received any further
information that the magistrate requires about the grounds on which the issue
of the warrant is being sought;
that there are reasonable grounds for issuing the warrant,
the magistrate must complete and sign a warrant of a kind that the magistrate
would have issued under section 37 if the application had been made under
that section.
(4) If a magistrate signs a warrant under subsection (3):
(a) the magistrate must notify the
authorised officer of the terms of the warrant and the date on which and the
time at which it was signed, and write on it the reasons for the granting of
the warrant; and
(b) the officer must complete a form
of warrant in the terms notified to the officer by the magistrate and write on
it the name of the magistrate and the date on which and the time at which the
warrant was signed.
(5) If an authorised officer completes a form
of warrant under subsection (4), the officer must, not later than the day
after the day on which the warrant ended or was executed, whichever is the
earlier, send to the magistrate who signed the warrant the form of warrant
completed by the officer and the information duly sworn in connection with the
warrant.
(6) Upon receiving the documents referred to
in subsection (5), the magistrate must attach to them the warrant signed
by the magistrate and deal with the documents in the manner in which the
magistrate would have dealt with the information if the application for the
warrant had been made under section 37.
(7) A form of warrant duly completed by an
authorised officer under subsection (4) is, if it is in accordance with
the terms of the warrant signed by the magistrate, authority for any entry,
search or seizure that the warrant so signed authorises.
(8) If it is material, in any proceedings,
for a court to be satisfied that an entry, search or seizure was authorised
under this section, and the warrant signed by a magistrate under this section
authorising the entry, search or seizure is not produced in evidence, the court
must assume, unless the contrary is proved, that the entry, search or seizure
was not authorised by such a warrant.
47
Power of authorised officer to require information or documents
(1) Subject to subsection (2), an
authorised officer who has entered premises under this Division may, to the
extent that it is reasonably necessary for the purpose of finding out whether
this Part or the regulations, or the conditions to which an export licence is
subject, have been complied with, require a person to give information to the
officer and to produce any documents referred to by the officer.
(2) An authorised officer is not entitled to
make a requirement of a person under subsection (1) unless the officer
produces his or her identity card for inspection by the person.
Note: A defendant bears an evidential burden in
relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal
Code).
(3) A person must not fail to comply with a
requirement under subsection (1).
Penalty: 30 penalty units.
(4) An offence under subsection (3) is
an offence of strict liability.
Note: For strict liability, see section 6.1 of
the Criminal Code.
48
Help to authorised officers
(1) Subject to subsection (3), if an
authorised officer requests the owner or occupier of any premises entered by
the officer under section 34 or 35 to give to the officer reasonable help
in the exercise of the officer’s powers under that section in relation to the
premises, the owner or occupier must not fail to comply with the request,
either intentionally or being reckless as to the request.
Penalty: Imprisonment for 6 months.
Note: Subsection 4B(2) of the Crimes Act 1914
allows a court to impose an appropriate fine instead of, or in addition to, a
term of imprisonment. If a body corporate is convicted of the offence,
subsection 4B(3) of that Act allows a court to impose a fine of an amount that
is not greater than 5 times the maximum fine that could be imposed by the court
on an individual convicted of the same offence.
(2) If an authorised officer makes a request
of a person under this section, the officer must produce his or her identity
card for inspection by the person.
(3) If an authorised officer fails to comply
with subsection (2), the person need not comply with a request by the
officer under this section.
Note: A defendant bears an evidential burden in
relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal
Code).
49
Authorised officers
(1) The Secretary may, in writing, appoint a
person or a class of persons to be an authorised officer or authorised
officers, as the case may be, for the purposes of this Part.
(2) The Secretary must cause to be given to
each person who is an authorised officer an identity card:
(a) that states the person’s name and
the fact that the person is an authorised officer for the purposes of this
Part; and
(b) to which is attached a photograph
of the person taken within 3 years before the identity card is given to the
person.
(3) A person who, having ceased to be an
authorised officer, fails to return his or her identity card to the Secretary,
as soon as practicable, is guilty of an offence punishable on conviction by a
fine or not more than 1 penalty unit.
(4) An offence under subsection (3) is
an offence of strict liability.
Note: For strict liability, see section 6.1 of
the Criminal Code.
50
Protection of authorised officers and other people
(1) An authorised officer is not liable to
any action, suit or proceeding for or in relation to anything done or omitted
to be done in good faith in the exercise or purported exercise of any power or
authority conferred on him or her by this Part.
(2) A person who is requested by an
authorised officer, whether under section 48 or otherwise, to help the
officer in the exercise or purported exercise of any power or authority
conferred on the officer by this Part is not liable to any action, suit or
proceeding for or in relation to anything done or omitted to be done in good
faith in helping the officer.
51
Secretary may require information or documents
(1) The Secretary may, by written notice
given to a person, require the person, within a reasonable time stated in the
notice, to give the Secretary any information, or produce to the Secretary any
documents, referred to in the notice that relate to:
(a) the industry; or
(b) the meat or live‑stock
business of the person or of another person; or
(c) any meat or live‑stock that
have been, or are proposed to be, exported from Australia; or
(d) the holder of an export licence.
(2) A person must not fail to comply with a
notice under subsection (1), either intentionally or being reckless as to
the notice.
Penalty: Imprisonment for 12 months.
Note: Subsection 4B(2) of the Crimes Act 1914
allows a court to impose an appropriate fine instead of, or in addition to, a
term of imprisonment. If a body corporate is convicted of the offence,
subsection 4B(3) of that Act allows a court to impose a fine of an amount that
is not greater than 5 times the maximum fine that could be imposed by the court
on an individual convicted of the same offence.
(3) A person is not excused from giving
information or producing a document under subsection (1) on the ground
that the information or the production of the document, as the case may, might
tend to incriminate the person or make the person liable to a penalty. However,
if the information is given or the document is produced by an individual, the
information or the production of the document, and any information or thing
(including any document) obtained as a direct or indirect result of the giving
of the information or the production of the document, as the case may be, is
not admissible in evidence against the individual in proceedings other than
proceedings for an offence against subsection 55(1) or (2).
52
Nominees
(1) A declaration required to be made,
information required to be given, a return required to be sent or a document
required to be produced to the Secretary, for the purposes of this Part, by the
holder of an export licence is taken not to have been duly made, given, sent or
produced unless it is made, given, sent or produced by:
(a) the holder of the licence; or
(b) an individual appointed, for the
time being, under this section to be a nominee of the holder of the licence.
(2) The holder of an export licence:
(a) may, by written notice given to
the Secretary, appoint an individual to be the holder’s nominee; and
(b) may, by a later written notice
given to the Secretary, end the appointment.
(3) A notice under subsection (2) must
contain the prescribed matters.
(4) If an individual appointed, for the time
being, by a notice under this section to be a nominee of the holder of an
export licence makes a declaration, gives information, sends a return or
produces a document to the Secretary in accordance with the authority conferred
on him or her by the notice, the declaration, information, return or document,
as the case may be, is taken, for the purposes of this Part (including any
proceedings for an offence against this Part) to be made, given, sent or
produced, as the case may be, on behalf of, and with the knowledge and consent
of, the holder of the licence.
(5) Despite any other provision of this Act,
or any other act, a person who is convicted of an offence against this Part
because of the operation of subsection (4) is not subject to a penalty of
imprisonment.
(6) A declaration made, information given, a
return sent or a document produced to the Secretary for the purpose of
complying with the conditions to which an export licence is subject is taken
for the purposes of subsections (1) and (4) to be a declaration required
to be made, information required to be given, a return required to be sent or a
document required to be produced, as the case may be, to the Secretary for the
purposes of this Part by the holder of the licence.
53
Evidence of analyst
(1) The Secretary may, by writing, appoint
appropriately qualified people to be analysts for the purposes of this Part.
(2) An analyst appointed under subsection (1)
may sign a certificate stating that the person who signed the certificate was
appointed as an analyst under subsection (1) and also stating, in relation
to a substance, any of the following:
(a) when, where and from whom the
analyst received the substance;
(b) what, if any, labels or other
means of identifying the substance accompanied it when it was received;
(c) in what container or containers
the substance was received;
(d) if the substance, or any portion
of it, was examined or analysed:
(i) the name of the method
of examination or analysis; and
(ii) the results of the
examination or analysis;
(e) how the substance was dealt with
after handling by the analyst, including particulars of:
(i) the quantity retained;
or
(ii) the name of the
person, if any, to whom any retained quantity was given; or
(iii) measures taken to
secure any retained quantity.
(3) For the purposes of this Part, but
subject to subsection (4), a certificate purporting to have been signed
under subsection (2) is admissible in any proceedings as prima facie
evidence of the matters stated in it.
(4) A certificate referred to in subsection (2)
must not be received in evidence under that subsection in any proceedings for
an offence against this Part unless the person charged has been given a copy of
the certificate together with reasonable notice of the intention of the
prosecutor to produce the certificate as evidence in the proceedings.
(5) If, under subsection (3), a
certificate of an analyst appointed under subsection (1) is admitted in
evidence, the person charged may require the analyst to be called as a witness
for the prosecution and the analyst may be cross‑examined as if he or she
had given evidence of the matters in the certificate.
54
Export of meat or live‑stock without export licence etc.
(1) A person who is not the holder of a meat
export licence must not export meat from Australia.
(2) A person who is not the holder of a live‑stock
export licence must not export live‑stock from Australia.
(3) The holder
of an export licence must not contravene a condition of the licence either
intentionally or being reckless as to the condition.
Penalty: Imprisonment for 5
years.
Note: Subsection 4B(2) of the Crimes Act 1914
allows a court to impose an appropriate fine instead of, or in addition to, a
term of imprisonment. If a body corporate is convicted of the offence,
subsection 4B(3) of that Act allows a court to impose a fine of an amount that
is not greater than 5 times the maximum fine that could be imposed by the court
on an individual convicted of the same offence.
55
False information etc.
(1) A person is guilty of an offence if the
person:
(a) makes a declaration, gives
information, sends a return or produces a document to the Secretary; and
(b) does so knowing the declaration,
information, return or document is false or misleading in a material
particular.
Penalty: Imprisonment for 12 months, or 60 penalty units, or
both.
(2) A person is guilty of an offence if the
person:
(a) makes a declaration, gives
information, sends a return or produces a document to the Secretary; and
(b) does so recklessly as to whether
the declaration, information, return or document is false or misleading in a
material particular.
Penalty: Imprisonment for 6 months, or 30 penalty units, or
both.
Note: Subsection 4B(2) of the Crimes Act 1914
allows a court to impose an appropriate fine instead of, or in addition to, a
term of imprisonment. If a body corporate is convicted of the offence,
subsection 4B(3) of that Act allows a court to impose a fine of an amount that
is not greater than 5 times the maximum fine that could be imposed by the court
on an individual convicted of the same offence.
56
Person falsely holding out to be the holder of licence etc.
(1) A person who is not the holder of an
export licence must not hold out that the person is the holder of an export
licence.
(2) A person who is not the holder of an
export licence must not represent that the person can export meat from Australia.
(3) A person must not make a contract for the
carriage of meat to a country or place outside Australia unless:
(a) the person is the holder of a meat
export licence; or
(b) the person makes the contract as
the agent of the holder of a meat export licence; or
(c) the person makes the contract with
the holder of a meat export licence and, under the contract, the person is to
carry the meat to the country or place outside Australia.
(4) A person who is not the holder of a live‑stock
export licence must not represent that the person can export live‑stock
from Australia.
(5) A person must not make a contract for the
carriage of live‑stock to a country or place outside Australia unless:
(a) the person is the holder of a live‑stock
export licence; or
(b) the person makes the contract as
the agent of the holder of a live‑stock export licence; or
(c) the person makes the contract with
the holder of a live‑stock export licence and, under the contract, the
person is to carry the live‑stock to the country or place outside Australia.
Penalty: Imprisonment for 12 months.
Note 1: Subsection 4B(2) of the Crimes Act 1914
allows a court to impose an appropriate fine instead of, or in addition to, a
term of imprisonment. If a body corporate is convicted of the offence,
subsection 4B(3) of that Act allows a court to impose a fine of an amount that
is not greater than 5 times the maximum fine that could be imposed by the court
on an individual convicted of the same offence.
Note 2: A defendant bears an evidential burden in
relation to the matter in subsections (3) and (5) (see subsection 13.3(3)
of the Criminal Code).
57
Forfeiture of goods
(1) If a court convicts a person of an
offence against this Part in respect of any meat or live‑stock, the court
may order the forfeiture to the Commonwealth of the meat or live‑stock.
(2) The forfeiture of any meat under subsection (1)
extends to the forfeiture of any covering in which the meat is contained.
(3) Any meat or live‑stock forfeited
under this section may be sold, or otherwise disposed of, as a prescribed
person directs.
Division 5—Report to Parliament
57AA
Report to Parliament
(1) Within one month after the end of each
reporting period (see subsection (5)), the Secretary must give the
Minister a report in accordance with subsection (2).
(2) The report must contain the information
set out in subsection (3) that has been provided to the Secretary during
the reporting period in relation to the carriage of live‑stock on any
voyage to a port outside Australia (whether or not during the reporting
period).
(3) The information is to be based on
reporting by the master of the ship under the Marine Orders (see subsection (5))
and is to set out the following:
(a) the name of the exporter;
(b) the month and year in which the
completion of the loading of the live‑stock occurred;
(c) the port or ports at which the
loading took place;
(d) the port or ports at which the
live‑stock were discharged;
(e) the month and year in which the
completion of the discharge of the live‑stock occurred at each port;
(f) duration of the voyage;
(g) the type or types of live‑stock;
(h) the number of each type of live‑stock
loaded;
(i) the total mortality for each type
of live‑stock;
(j) the percentage mortality for each
type of live‑stock;
(k) any action taken by the Secretary
in relation to the exporter as a result of the reporting by the master of the
ship.
(4) The Minister must arrange for a copy of
the report to be tabled in each House of the Parliament within 15 sitting days
of the House after the report is given to the Minister.
(5) In this section:
Marine Orders means orders under subsection
425(1AA) of the Navigation Act 1912.
reporting period means:
(a) the period of 6 months starting on
1 July or 1 January (whichever occurs first) after the commencement
of this section; and
(b) each subsequent period of 6
months.
Part 2A—Australian Code for the Export of Live‑stock
57A
Australian Code for the Export of Live‑stock
(1) The Minister may determine, in writing,
principles relating to the export of live‑stock from Australia.
(2) The principles must be taken into account
by persons exercising powers and performing functions under this Act.
(3) The principles are to be known as the Australian
Code for the Export of Live‑stock.
(4) Without limiting subsection (1), the
principles may relate to any one or more of the following in relation to the
export of live‑stock from Australia:
(a) the planning of activities involved
in the export;
(b) the source of the live‑stock;
(c) the feeding of the live‑stock
until their arrival at their overseas destination;
(d) the treatment of the live‑stock
until their arrival at their overseas destination;
(e) the transport of the live‑stock
within Australia;
(f) the assembling of the live‑stock
before being loaded on to a vessel or aircraft for export from Australia;
(g) the loading of the live‑stock
onto a vessel or aircraft for export from Australia;
(h) the transport of the live‑stock
from Australia to their overseas destination;
(i) any other matter relating to any
stage in the process from the planning of the export of the live‑stock to
their delivery at their overseas destination.
(5) A determination under this section is a
disallowable instrument for the purposes of section 46A of the Acts
Interpretation Act 1901.
Part 3—Industry marketing and research bodies, and approved donors
Division 1—Preliminary
58
Definitions
In this Part:
approved donor means a body for the time
being declared to be an approved donor under section 61.
industry marketing body means the body for
the time being declared to be the industry marketing body under subsection
60(1).
industry research body means the body for the
time being declared to be the industry research body under subsection 60(2).
live‑stock export marketing body means
the body for the time being declared to be the live‑stock export
marketing body under subsection 60(3).
live‑stock export research body means
the body for the time being declared to be the live‑stock export research
body under subsection 60(3A).
meat processor marketing body means the body
for the time being declared to be the meat processor marketing body under
subsection 60(3AA).
meat processor research body means the body
for the time being declared to be the meat processor research body under
subsection 60(3AB).
59
Minister must have regard to industry policies
The Minister must, in exercising the
powers of the Minister under this Part, have regard to any broad policies
formulated jointly by prescribed industry bodies.
Division 2—Declaration of industry bodies and approved donors
60 Declaration
of industry bodies
(1) The Minister may, by legislative
instrument, declare a body to be the industry marketing body.
(2) The Minister may, by legislative
instrument, declare a body to be the industry research body.
(3) The Minister may, by legislative
instrument, declare a body to be the live‑stock export marketing body.
(3A) The Minister may, by legislative instrument,
declare a body to be the live‑stock export research body.
(3AA) The Minister may, by legislative instrument,
declare a body to be the meat processor marketing body.
(3AB) The Minister may, by legislative instrument,
declare a body to be the meat processor research body.
(3B) The Minister may do any or all of the
following:
(a) declare the same body to be both
the industry marketing body and the industry research body;
(b) declare the same body to be both
the live‑stock export marketing body and the live‑stock export
research body;
(ba) declare the same body to be both
the meat processor marketing body and the meat processor research body;
but the Minister must not:
(c) declare the same body to be either
the industry marketing body or the industry research body, or both, and also to
be either the live‑stock export marketing body or the live‑stock
export research body, or both; or
(ca) declare the same body to be either
the industry marketing body or the industry research body, or both, and also to
be either the meat processor marketing body or the meat processor research
body, or both; or
(cb) declare the same body to be either
the meat processor marketing body or the meat processor research body, or both,
and also to be either the live‑stock export marketing body or the live‑stock
export research body, or both; or
(d) declare more than one industry
marketing body, more than one industry research body, more than one live‑stock
export marketing body, more than one live‑stock export research body,
more than one meat processor marketing body or more than one meat processor
research body at any one time.
(4) The Minister must not declare a body to
be the industry marketing body unless satisfied:
(a) that the body is a company limited
by guarantee incorporated under the Corporations Act 2001; and
(b) that, having regard to its
membership, its constitution, and any undertakings it has given, or agreements
or arrangements it has entered into with other industry representatives or the
Minister (or both), whether before or after the commencement of this section,
the body can appropriately represent the industry’s marketing, promotion or
other prescribed interests; and
(c) that the body has consented to the
declaration.
(5) The Minister must not declare a body to
be the industry research body unless satisfied:
(a) that the body is a company limited
by guarantee incorporated under the Corporations Act 2001; and
(b) that, having regard to its
membership, its constitution, and any undertakings it has given, or agreements
or arrangements it has entered into with other industry representatives or the
Minister (or both), whether before or after the commencement of this section,
the body can appropriately represent the industry in relation to the industry’s
research and development interests; and
(c) that the body has consented to the
declaration.
(5A) The Minister must not declare a body to be
the live‑stock export marketing body unless satisfied:
(a) that the body is a company limited
by guarantee incorporated under the Corporations Act 2001; and
(b) that, having regard to its
membership, its constitution, and any undertakings it has given, or agreements
or arrangements it has entered into with other industry representatives or the
Minister (or both), whether before or after the commencement of this section,
the body can appropriately represent that part of the industry that relates to
the export of live‑stock, in relation to that part of the industry’s
marketing, promotion or other prescribed interests; and
(c) that the body has consented to the
declaration.
(5B) The Minister must not declare a body to be
the live‑stock export research body unless satisfied:
(a) that the body is a company limited
by guarantee incorporated under the Corporations Act 2001; and
(b) that, having regard to its
membership, its constitution, and any undertakings it has given, or agreements
or arrangements it has entered into with other industry representatives or the
Minister (or both), whether before or after the commencement of this section,
the body can appropriately represent that part of the industry that relates to
the export of live‑stock, in relation to that part of the industry’s
research and development interests; and
(c) that the body has consented to the
declaration.
(6) The Minister must not declare a body to
be the meat processor marketing body unless satisfied:
(a) that the body is a company limited
by guarantee incorporated under the Corporations Act 2001; and
(b) that, having regard to its
membership, its constitution, and any undertakings it has given, or agreements
or arrangements it has entered into with other industry representatives or the
Minister (or both), whether before or after the commencement of this section,
the body can appropriately represent that part of the industry that relates to
the slaughter and processing of meat, in relation to that part of the
industry’s marketing, promotion or other prescribed interests; and
(c) that the body has consented to the
declaration.
(7) The Minister must not declare a body to
be the meat processor research body unless satisfied:
(a) that the body is a company limited
by guarantee incorporated under the Corporations Act 2001; and
(b) that, having regard to its
membership, its constitution, and any undertakings it has given, or agreements
or arrangements it has entered into with other industry representatives or the
Minister (or both), whether before or after the commencement of this section,
the body can appropriately represent that part of the industry that relates to
the slaughter and processing of meat, in relation to that part of the
industry’s research and development interests; and
(c) that the body has consented to the
declaration.
61
Declaration of approved donors
(1) The Minister may, by legislative
instrument, declare a body (other than the industry research body) to be an
approved donor.
(2) The Minister must not declare a body to
be an approved donor unless satisfied:
(a) that the body is a company limited
by guarantee incorporated under the Corporations Act 2001; and
(b) that, having regard to its
membership, its constitution, and any undertakings it has given, or agreements
or arrangements it has entered into with other industry bodies or the Minister
(or both), whether before or after the commencement of this section, the body
can appropriately represent the industry in relation to the industry’s research
and development interests; and
(c) that the body has consented to the
declaration.
62
Bodies to inform Minister about changes to their constitution
The industry marketing body, the
industry research body, the live‑stock export marketing body, the live‑stock
export research body, the meat processor marketing body, the meat processor
research body or an approved donor must, as soon as practicable, after any
alteration of its constitution is made, give the Minister a written notice
setting out the alteration and explaining its effect.
Division 3—Payments to industry bodies
63
Payments to the industry marketing body
(1A) There is to be paid to the industry
marketing body, at the times, and in the manner and subject to the conditions
agreed between the Minister and the body, amounts equal to:
(a) amounts of levy received by the
Commonwealth because of paragraphs 4(1)(a), (3)(a) and (4)(a) of Schedule 18
to the Primary Industries (Excise) Levies Act 1999; and
(c) amounts of charge received by the
Commonwealth because of paragraphs 3(a), 4(a) and 5(a) of Schedule 12 to
the Primary Industries (Customs) Charges Act 1999; and
(f) amounts of charge received by the
Commonwealth because of paragraph 3(1)(a) and (2)(a) of Schedule 3 to the Primary
Industries (Customs) Charges Act 1999; and
(h) amounts of levy received by the
Commonwealth because of paragraphs 6(1)(a), (2)(a) and (3)(a) of Schedule 3
to the Primary Industries (Excise) Levies Act 1999.
(1) There is to be paid to the industry
marketing body, at the times, in the manner and subject to the conditions
agreed between the Minister and the body, amounts equal to:
(a) the amounts of levy received by
the Commonwealth because of paragraphs 6(1)(a), 7(a) and 8(1)(a) of the Live‑stock
Transactions Levy Act 1997; and
(b) the amounts of levy received by
the Commonwealth because of paragraphs 6(a), 7(a) and 8(a) of the Live‑stock
Slaughter (Processors) Levy Act 1997; and
(c) the amounts of charge received by
the Commonwealth because of paragraphs 5(a), 6(a) and 7(a) of the Live‑stock
(Producers) Export Charges Act 1997; and
(d) the amounts of charge received by
the Commonwealth because of paragraphs 5(a), 6(a) and 7(a) of the Live‑stock
(Exporters) Export Charge Act 1997; and
(e) the amounts of levy received by
the Commonwealth because of paragraph 6(1)(a) of the Beef Production Levy
Act 1990; and
(f) the amounts of charge received by
the Commonwealth because of paragraphs 5(1)(a) and 5(2)(a) of the Cattle
(Producers) Export Charges Act 1997; and
(g) the amounts of charge received by
the Commonwealth because of paragraph 6(1)(a) of the Cattle (Exporters)
Export Charge Act 1997; and
(h) the amounts of levy received by
the Commonwealth because of paragraphs 7(1)(a), 7(2)(a) and 7(3)(a) of the Cattle
Transactions Levy Act 1997;
in respect of transactions or activities that take place
after the commencement of this Part.
(2) The amounts payable to the industry
marketing body under this section are to be paid out of the Consolidated
Revenue Fund, which is appropriated accordingly.
64
Payments to the industry research body
(1A) There is to be paid to the industry
research body, at the times, and in the manner and subject to the conditions
agreed between the Minister and the body, amounts equal to:
(a) amounts of levy received by the
Commonwealth because of paragraphs 4(1)(b), (3)(b) and (4)(b) of Schedule 18
to the Primary Industries (Excise) Levies Act 1999; and
(c) amounts of charge received by the
Commonwealth because of paragraphs 3(b), 4(b) and 5(b) of Schedule 12 to
the Primary Industries (Customs) Charges Act 1999; and
(f) amounts of charge received by the
Commonwealth because of paragraphs 3(1)(b) and (2)(b) of Schedule 3 to the
Primary Industries (Customs) Charges Act 1999; and
(h) amounts of levy received by the
Commonwealth because of paragraphs 6(1)(b), (2)(b) and (3)(b) of Schedule 3
to the Primary Industries (Excise) Levies Act 1999.
(1) There is to be paid to the industry
research body, at the times, in the manner and subject to the conditions agreed
between the Minister and the body, amounts equal to:
(a) the amounts of levy received by
the Commonwealth because of paragraphs 6(1)(b), 7(b) and 8(1)(b) of the
repealed Live‑stock Transactions Levy Act 1997; and
(b) the amounts of levy received by
the Commonwealth because of paragraphs 5(b), 6(b) and 7(b) of the repealed Live‑stock
Slaughter (Processors) Levy Act 1997; and
(c) the amounts of charge received by
the Commonwealth because of paragraphs 5(b), 6(b) and 7(b) of the repealed Live‑stock
(Producers) Export Charges Act 1997; and
(d) the amounts of charge received by
the Commonwealth because of paragraphs 7(b), 8(b) and 9(b) of the repealed Live‑stock
(Exporters) Export Charge Act 1997; and
(e) the amounts of levy received by
the Commonwealth because of paragraph 6(1)(b) of the repealed Beef
Production Levy Act 1990; and
(f) the amounts of charge received by
the Commonwealth because of paragraphs 5(1)(b) and 5(2)(b) of the repealed Cattle
(Producers) Export Charges Act 1997; and
(g) the amounts of charge received by
the Commonwealth because of paragraph 6(1)(b) of the repealed Cattle
(Exporters) Export Charge Act 1997; and
(h) the amounts of levy received by
the Commonwealth because of paragraphs 7(1)(b), 7(2)(b) and 7(3)(b) of the
repealed Cattle Transactions Levy Act 1997;
in respect of transactions or activities that take place
after the commencement of this Part.
(2) The amounts payable to the industry
research body under this section are to be paid out of the Consolidated Revenue
Fund, which is appropriated accordingly.
64A
Payments to the live‑stock export marketing body
(1) There is to be paid to the live‑stock
export marketing body, at the times, and in the manner and subject to the
conditions agreed between the Minister and the body, amounts equal to:
(a) amounts of charge received by the
Commonwealth because of paragraph 3(1)(a) of Schedule 2 to the Primary
Industries (Customs) Charges Act 1999; and
(b) amounts of charge received by the
Commonwealth because of paragraphs 3(a), 4(a) and 5(a) of Schedule 11 to
the Primary Industries (Customs) Charges Act 1999.
(2) The amounts payable to the live‑stock
export marketing body under this section are to be paid out of the Consolidated
Revenue Fund, which is appropriated accordingly.
64B
Payments to the live‑stock export research body
(1) There is to be paid to the live‑stock
export research body, at the times, and in the manner and subject to the
conditions agreed between the Minister and the body, amounts equal to:
(a) amounts of charge received by the
Commonwealth because of paragraph 3(1)(b) of Schedule 2 to the Primary
Industries (Customs) Charges Act 1999; and
(b) amounts of charge received by the
Commonwealth because of paragraphs 3(b), 4(b) and 5(b) of Schedule 11 to
the Primary Industries (Customs) Charges Act 1999.
(2) The amounts payable to the live‑stock
export research body under this section are to be paid out of the Consolidated
Revenue Fund, which is appropriated accordingly.
64C
Payments to the meat processor marketing body
(1) There is to be paid to the meat processor
marketing body, at the times, and in the manner and subject to the conditions
agreed between the Minister and the body, amounts equal to:
(a) amounts of levy received by the
Commonwealth because of paragraph 3(1)(a) of Schedule 1 to the Primary
Industries (Excise) Levies Act 1999; and
(b) amounts of levy received by the
Commonwealth because of paragraphs 3(1)(a), (2)(a) and (3)(a) of Schedule 17
to the Primary Industries (Excise) Levies Act 1999.
(2) The amounts payable to the meat processor
marketing body under this section are to be paid out of the Consolidated
Revenue Fund, which is appropriated accordingly.
64D
Payments to the meat processor research body
(1) There is to be paid to the meat processor
research body, at the times, and in the manner and subject to the conditions
agreed between the Minister and the body, amounts equal to:
(a) amounts of levy received by the
Commonwealth because of paragraph 3(1)(b) of Schedule 1 to the Primary
Industries (Excise) Levies Act 1999; and
(b) amounts of levy received by the
Commonwealth because of paragraphs 3(1)(b), (2)(b) and (3)(b) of Schedule 17
to the Primary Industries (Excise) Levies Act 1999.
(2) The amounts payable to the meat processor
research body under this section are to be paid out of the Consolidated Revenue
Fund, which is appropriated accordingly.
65
References to amounts of levy and amounts of charge
(1) A reference in paragraph 63(1)(b),
63(1)(e), 64(1)(b), 64(1)(e), 64C(1)(a), 64C(1)(b), 64D(1)(a) or 64D(1)(b) to
amounts of levy received by the Commonwealth includes a reference to amounts
received under subsection 7(2) of the Primary Industries Levies and Charges
Collection Act 1991 and amounts payable by way of penalty under section 15
of that Act in relation to amounts of levy referred to in that paragraph.
(2) A reference in paragraph 63(1A)(c),
63(1A)(f), 63(1)(c), 63(1)(d), 63(1)(f), 63(1)(g), 64(1A)(c), 64(1A)(f),
64(1)(c), 64(1)(d), 64(1)(f), 64(1)(g), 64A(1)(a), 64A(1)(b), 64B(1)(a) or
64B(1)(b) to amounts of charge received by the Commonwealth includes a
reference to amounts received under subsection 7(3) of the Primary
Industries Levies and Charges Collection Act 1991 and amounts payable by
way of penalty under section 15 of that Act in relation to amounts of
charge referred to in that paragraph.
(3) A reference in paragraph 63(1A)(a),
63(1A)(h), 63(1)(a), 63(1)(h), 64(1A)(a), 64(1A)(h), 64(1)(a) or 64(1)(h) to
amounts of levy received by the Commonwealth includes a reference to amounts
received under subsection 7(1) or (2) of the Primary Industries Levies and
Charges Collection Act 1991 and amounts payable by way of penalty under
section 15 of that Act in relation to amounts of levy referred to in that
paragraph.
66
Commonwealth’s matching payments
(1) Subject to this section, there is also to
be paid to the industry research body out of the Consolidated Revenue Fund,
which is appropriated accordingly, amounts equal to one‑half of:
(a) the amounts from time to time paid
by the industry research body under paragraphs 67(2)(b) and (c); and
(b) the amounts from time to time paid
by the industry research body for industry research and development purposes
approved in writing by the Minister, being amounts so paid from amounts
received by that body from approved donors for industry research and
development purposes.
(2) The sum of the amounts paid to the
industry research body under subsection (1) must not be greater than the
sum of:
(a) the amounts paid to the industry
research body under subsections 64(1A) and (1), other than amounts related to
amounts received by the Commonwealth by way of penalty; and
(b) the amounts paid to the industry
research body by approved donors for industry research and development
purposes.
(3) The sum of the amounts that, during a
particular financial year, are paid to the industry research body under subsection (1)
must not be greater than an amount equal to 0.5% of the amount that the
Secretary determines to be the gross value of production of the industry for
the financial year.
(4) The regulations may provide for the way
in which the Secretary is to determine the amount of the gross value of
production of the industry for a financial year.
67
Application of money
(1) The
amounts paid to the industry marketing body under section 63 may be
applied by that body only:
(a) in
payment to the Commonwealth of amounts equal to the expenses incurred by the
Commonwealth in relation to:
(i) the collection or
recovery of amounts referred to in section 63; or
(ii) the administration of
that section; and
(b) in making payments for or in
connection with industry marketing or promotion and in accordance with the
conditions (if any) on which the amounts were paid to that body under section 63;
and
(c) in making such other payments (if
any), subject to such conditions (if any), as are prescribed.
(2) The amounts paid to the industry research
body under section 64 may be applied by that body only:
(a) in payment to the Commonwealth of
amounts equal to the expenses incurred by the Commonwealth in relation to:
(i) the collection or
recovery of amounts referred to in section 64; or
(ii) the administration of
that section; and
(b) in making payments for or in
connection with industry research and development and in accordance with the
conditions (if any) on which the amounts were paid to that body under section 64;
and
(c) in making such other payments (if
any), subject to such conditions (if any), as are prescribed.
(3) The amounts paid to the industry research
body under section 66 may be applied by that body only:
(a) in making payments for or in
connection with industry research and development and in accordance with the
conditions (if any) determined, by legislative instrument, by the Minister; and
(b) in making such other payments (if
any), subject to such conditions (if any), as are prescribed.
(3A) The amounts paid to the live‑stock
export marketing body under section 64A may be applied by that body only:
(a) in payment to the Commonwealth of
amounts equal to the expenses incurred by the Commonwealth in relation to:
(i) the collection or
recovery of amounts referred to in section 64A; or
(ii) the administration of
that section; and
(b) in making payments for or in
connection with marketing or promotion relating to the export of live‑stock
and in accordance with the conditions (if any) on which the amounts were paid
to that body under section 64A; and
(c) in making such other payments (if
any), subject to such conditions (if any), as are prescribed.
(3B) The amounts paid to the live‑stock
export research body under section 64B may be applied by that body only:
(a) in payment to the Commonwealth of
amounts equal to the expenses incurred by the Commonwealth in relation to:
(i) the collection or
recovery of amounts referred to in section 64B; or
(ii) the administration of
that section; and
(b) in making payments for or in
connection with research and development relating to the export of live‑stock
and in accordance with the conditions (if any) on which the amounts were paid
to that body under section 64B; and
(c) in making such other payments (if
any), subject to such conditions (if any), as are prescribed.
(3C) The amounts paid to the meat processor
marketing body under section 64C may be applied by that body only:
(a) in payment to the Commonwealth of
amounts equal to the expenses incurred by the Commonwealth in relation to:
(i) the collection or
recovery of amounts referred to in section 64C; or
(ii) the administration of
that section; and
(b) in making payments for or in
connection with marketing and promotion relating to the slaughter and
processing of meat and in accordance with the conditions (if any) on which the
amounts were paid to that body under section 64C; and
(c) in making any other payments
prescribed by the regulations, subject to any prescribed conditions.
(3D) The amounts paid to the meat processor
research body under section 64D may be applied by that body only:
(a) in payment to the Commonwealth of
amounts equal to the expenses incurred by the Commonwealth in relation to:
(i) the collection or
recovery of amounts referred to in section 64D; or
(ii) the administration of
that section; and
(b) in making payments for or in
connection with research and development relating to the slaughter and
processing of meat and in accordance with the conditions (if any) on which the
amounts were paid to that body under section 64D; and
(c) in making any other payments
prescribed by the regulations, subject to any prescribed conditions.
68
Reimbursement of Commonwealth
If the Commonwealth pays a refund in
respect of an amount of levy or charge referred to in section 63, 64, 64A,
64B, 64C or 64D, the body that received an amount equal to that amount of levy
or charge must pay to the Commonwealth an amount equal to the refund.
Division 4—Reporting to Parliament in relation to live‑stock
export bodies
68A
Division applies if Minister and live‑stock export body enter into
funding agreement
This Division applies if the Minister
and a body (the live‑stock export body) that is:
(a) the live‑stock export
marketing body; or
(b) the live‑stock export
research body; or
(c) both of those bodies;
enter into an agreement (the funding agreement)
on conditions as mentioned in whichever of subsection 64A(1) or 64B(1), or
both, is applicable.
68B
Reporting to Parliament about funding agreement and variations
The Minister must, within 14 sitting
days of each House of the Parliament after:
(a) the day on which the funding
agreement is entered into; and
(b) if the funding agreement is later
agreed to be varied—the day on which the agreement to vary the funding
agreement is entered into;
arrange for a copy of the funding agreement, or the
agreement to vary, to be tabled in that House.
68C
Reporting to Parliament about compliance with funding agreement
(1) The Minister must, as soon as practicable
after the end of each financial year during the whole or part of which the
funding agreement is in force, arrange for a report in accordance with subsection (2)
to be tabled in each House of the Parliament.
(2) The report must:
(a) give details of the amounts paid
to the body under whichever of subsection 64A(1) or 64B(1), or both, is
applicable; and
(b) state whether the Minister is
satisfied, on the basis of information provided by the body, that the spending
by the body of those amounts complies with the funding agreement; and
(c) if the Minister is not so
satisfied—give details of why the Minister is not so satisfied.
68D
Minister to table live‑stock export body’s annual report in Parliament
If the live‑stock export body
gives the Minister a copy of its annual report for any financial year during
the whole or part of which the funding agreement is in force, the Minister
must, as soon as practicable after receiving the copy, arrange for a copy to be
tabled in each House of the Parliament.
Division 5—Use of information
68E
Use of levy information provided to industry bodies
If there is in force a declaration under
section 60 that a body is a particular kind of body, that body may use
information provided to it under section 27 of the Primary Industries
Levies and Charges Collection Act 1991 for any of the following purposes:
(a) to determine whether a person is
or remains eligible to be a member of the body;
(b) to maintain a register of members
of the body;
(c) to maintain a register of those
persons eligible to vote at meetings of the body;
(d) to make public any information of
a statistical nature;
(e) in performing any of its functions
under this Act or under an agreement entered into with the Minister for the
purposes of section 63, 64, 64A, 64B, 64C or 64D.
Part 4—Miscellaneous
69
Ministerial directions
(1) The Minister may, in writing, direct a
prescribed body to do the things specified in the direction.
(2) A prescribed body must not fail to comply
with a direction given to it under this section, either intentionally or being
reckless as to the direction.
Penalty: 300 penalty units
(3) The Minister must not give a direction
unless the direction relates to one or more of the following:
(a) trade and commerce with other
countries, and among the States;
(b) quarantine;
(c) foreign corporations, or trading
or financial corporations formed within the limits of the Commonwealth;
(d) external affairs;
(e) any other matter with respect to
which the Parliament has power to make laws under the Constitution.
(4) The Minister may only give a direction to
a prescribed body if:
(a) the Minister is satisfied that,
because of the existence of exceptional and urgent circumstances, it is in the
national interest of Australia to do so; and
(b) before giving the direction, the
Minister has given the directors of the body an adequate opportunity to discuss
with the Minister the need for the proposed direction.
(5) The Minister must not give a direction to
a prescribed body that would require the body to incur expenses greater than
the amounts paid to the body under this Act and any amounts paid to the body
under the Australian Meat and Live‑stock Industry (Repeals and
Consequential Provisions) Act 1997.
(6) Subject to subsection (7), if the
Minister gives a direction under this section, the Minister must cause a copy
of the direction to be laid before each House of the Parliament within 15
sitting days of that House after the direction is given.
(7) Subsection (6) does not apply in
relation to a direction given to a prescribed body if:
(a) the Minister, on the
recommendation of the body, determines, in writing, that compliance with the
subsection would, or would be likely to, prejudice the body’s commercial
activities; or
(b) the Minister determines, in
writing, that compliance with the subsection would, or would be likely to,
prejudice the national interest of Australia.
(8) In this section:
prescribed body means:
(a) the industry marketing body within
the meaning of Part 3; or
(b) the industry research body within
the meaning of Part 3; or
(ba) the live‑stock export
marketing body within the meaning of Part 3; or
(bb) the live‑stock export
research body within the meaning of Part 3; or
(bc) the meat processor marketing body
within the meaning of Part 3; or
(bd) the meat processor research body
within the meaning of Part 3; or
(c) an industry body prescribed by
regulations made under the Australian Meat and Live‑stock Industry
(Repeals and Consequential Provisions) Act 1997 while that body holds money
paid to it in accordance with that Act.
70
Delegations
(1) The Minister may, in writing, delegate to
the Secretary all or any of the Minister’s powers under this Act, other than
the Minister’s powers under section 69.
(2) The Secretary may, in writing, delegate
to an SES employee in the Department all or any of the Secretary’s powers under
this Act, except the Secretary’s power to appoint authorised officers under
section 49.
(3) In this
section:
71
Compensation for acquisition of property
(1) If, apart from this section, the
operation of this Act would result in the acquisition of property from a person
otherwise than on just terms, there is payable to the person by the
Commonwealth such reasonable amount of compensation as is agreed between the
person and the Commonwealth or, failing agreement, as is determined by a court
of competent jurisdiction.
(2) In this section:
acquisition of property and just terms
have the same respective meanings as in paragraph 51(xxxi) of the Constitution.
72
Minister not to be taken to be a director of a company
The Minister is not taken to be a
director of any body corporate for the purposes of the Corporations Act 2001
merely because of the powers to give directions conferred on the Minister by
this Act.
73
Operation of certain laws not restricted
Nothing in this Act or the regulations
restricts the operation of the Customs Act 1901, the Commerce (Trade
Descriptions) Act 1905 or the Export Control Act 1982, or the
operation of any regulations made under any of those Acts.
74 Regulations
(1) The Governor‑General may make
regulations prescribing all matters:
(a) that are required or permitted by
this Act to be prescribed; or
(b) that are necessary or convenient
to be prescribed for carrying out or giving effect to this Act.
(2) The regulations may prescribe penalties
of not more than 10 penalty units for offences against the regulations.