Australian Meat and Live-stock (Quotas) Amendment Act 1995 (Cth)

Australian Meat and Live-stock

(Quotas) Amendment Act 1995

No. 68 of 1995

An Act to amend the Australian Meat and Live-stock

(Quotas) Act 1990,and for related purposes

[Assented to 30 June 1995]

The Parliament of Australia enacts:

Short title etc.

1.(1) This Act may be cited as the Australian Meat and Live-stock(Quotas) Amendment Act 1995.

(2) In this Act, "Principal Act" means the Australian Meat and Live-stock (Quotas) Act 1990.

Commencement

2. This Act commences, or is taken to have commenced, on 1 July 1995.

Amendments

3. The Principal Act is amended in accordance with items 1 to 12 in the Schedule, and item 13 in the Schedule has effect according to its terms.

SCHEDULE Section 3

AMENDMENTS OF THE PRINCIPAL ACT

1. Subsection 3(1) (definition of "class"):

Omit, substitute:

" 'class' has a meaning affected by subsection (3);".

2. Subsection 3(1):

Insert:

“ 'restriction' includes an economic disincentive, such as a tariff.”.

3. Subsection 3(2):

Omit, substitute:

"(2) Unless the contrary intention appears, expressions used in this Act have the same meanings as in Part 3 of the Meat and Live-stock Industry Act 1995.

"(3) For the purposes of this Act, the factors by reference to which a class of goods may be determined include, but are not limited to, the following:

(a) the quality, standard or grade of goods;

(b) the period during which the goods are to be exported;

(c) the way in which a restriction on export is to apply to goods (for example, the rate of tariff or other similar charge that is to apply to goods).”.

4. Section 4:

Omit "the Corporation" (wherever occurring), substitute "AMLC".

5. Subsection 5(1):

Omit "The Corporation", substitute "AMLC".

6. Subsection 6(1):

Omit "the Corporation", substitute "AMLC".

7. Subsection 6(2):

Omit, substitute:

"(2) AMLC may grant a quota:

(a) by allocation free of charge; or

(b) by auction, sale by tender or private sale.".

8. After section 6:

Insert:

SCHEDULE—continued

AMLC to comply with policy developed by Meat Industry Council

"6A. In the performance of its functions and the exercise of its powers under this Act, AMLC must comply with any policies formulated by the Meat Industry Council.".

9. Section 7:

(a) Omit "In relation to live sheep and lambs, the Corporation", substitute "AMLC".

(b) Omit "the Corporation" (last occurring), substitute "AMLC".

Note: The heading to section 7 is altered by omitting "Corporation" and substituting "AMLC" and by omitting "sheep and Iamb live-stock".

10. Section 8:

Repeal, substitute:

Act to have effect subject to Subdivision C of Division 2 of Part 3 of the Meat and Live-stock Industry Act 1995

"8. This Act has effect subject to Subdivision C of Division 2 of Part 3 of the Meat and Live-stock Industry Act 1995.".

11. After section 8:

Insert:

Delegation

"8A. AMLC may, by writing under its common seal, delegate all or any of its powers under this Act to a member.

Note: See sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 on delegation.".

12. Section 9:

Omit "28 December 1996", substitute "30 June 1998".

13. Saving

A quota granted under subsection 6(2) of the Australian Meat and Live-stock (Quotas) Act 1990 that was in force immediately before the commencement of this Act continues in force as if it had been granted under subsection 6(2) of that Act as amended by this Act.

[Minister's second reading speech made in—

House of Representatives on 7 June 1995

Senate on 20 June 1995