Biosecurity and Agriculture Management Regulations Amendment (Industry Funding Schemes) Regulations 2020 (WA)
G c.zette ISSN 1448-949X (print) PRINT POST APPROVED PP665002/00041 WESTERN AUSTRALIAN GOVERNMENT
4753
ISSN 2204-4264 (online)
| PERTH, THURSDAY, 24 DECEMBER 2020 No. 213 SPECIAL |
PUBLISHED BY AUTHORITY GEOFF O. LAWN, GOVERNMENT PRINTER
© STATE OF WESTERN AUSTRALIA
Western Australia
Biosecurity and Agriculture Management
Regulations Amendment (Industry Funding Schemes) Regulations 2020
Contents
Part 1 — Preliminary
1. Citation
2. Commencement
Part 2 — Biosecurity and Agriculture
Management Industry Funding
Scheme (Cattle) Regulations 2010
amended
3. Regulations amended
4. Regulation 3 amended
5. Regulations 4 and 5 deleted
6. Regulation 9 amended
7. Regulation 14 amended
8. Regulation 15 amended
9. Regulation 17 amended
10. Regulation 20 amended
11. Regulation 22 amended
12. Regulation 23 deleted
13. Regulation 25 amended
14. Regulation 27 amended
15. Various penalties amended
4754 GOVERNMENT GAZETTE, WA 24 December 2020 Biosecurity and Agriculture Management Regulations Amendment
(Industry Funding Schemes) Regulations 2020
Contents
Part 3 — Biosecurity and Agriculture
Management Industry Funding
Scheme (Grains)
Regulations 2010 amended
16. Regulations amended
17. Regulation 3 amended
18. Regulations 4 and 5 deleted
19. Regulation 9 amended
20. Regulation 16 amended
21. Regulation 18 amended
22. Regulation 23 amended
23. Regulation 24 deleted
24. Regulation 26 amended
25. Various penalties amended
Part 4 — Biosecurity and Agriculture
Management Industry Funding
Scheme (Sheep and Goats)
Regulations 2010 amended
26. Regulations amended
27. Regulation 3 amended
28. Regulations 4 and 5 deleted
29. Regulation 9 amended
30. Regulation 15 amended
31. Regulation 17 amended
32. Regulation 22 amended
33. Regulation 23 deleted
34. Regulation 25 amended
35. Various penalties amended
Part 5 — Biosecurity and Agriculture
Management Regulations 2013
amended
36. Regulations amended
37. Part 10A inserted
24 December 2020 GOVERNMENT GAZETTE, WA 4755 Biosecurity and Agriculture Management Regulations Amendment
(Industry Funding Schemes) Regulations 2020
Contents
Part 10A — Industry funding schemes
Division 1 — Appointments committee and review
panel
129A. Terms used 129B. Appointments committee established 129C. Appointments committee member term of
office and remuneration129D. Review panel established 129E. Review panel member term of office and
remuneration129F. Review of applications for compensation
and reimbursementDivision 2 — Transitional provisions for Biosecurity
and Agriculture Management Regulations Amendment (Industry Funding Schemes) Regulations 2020
Subdivision 1 — Preliminary
129G. Terms used Subdivision 2 — Appointments committee
129H. Membership of appointments committee 129I. Saving of remuneration and allowances Subdivision 3 — Review panel
129J. Membership of review panel 129K. Saving of remuneration and allowances 129L. Pending reviews
24 December 2020 GOVERNMENT GAZETTE, WA 4757
Biosecurity and Agriculture Management Act 2007
Biosecurity and Agriculture Management
Regulations Amendment (Industry Funding Schemes) Regulations 2020
SL 2020/255
Made by the Governor in Executive Council.
Part 1 — Preliminary
1. Citation
These regulations are the Biosecurity and Agriculture
Management Regulations Amendment (Industry Funding
Schemes) Regulations 2020.
2. Commencement
These regulations come into operation as follows —
(a) Part 1 — on the day on which these regulations are published in the Gazette;
(b) the rest of the regulations — on the day after that day.
4758 GOVERNMENT GAZETTE, WA 24 December 2020 Biosecurity and Agriculture Management Regulations Amendment
(Industry Funding Schemes) Regulations 2020
Part 2 Biosecurity and Agriculture Management Industry Funding Scheme (Cattle) Regulations 2010 amended r. 3 Part 2 — Biosecurity and Agriculture Management
Industry Funding Scheme (Cattle) Regulations 2010
amended
3. Regulations amended
This Part amends the Biosecurity and Agriculture Management
Industry Funding Scheme (Cattle) Regulations 2010.
4. Regulation 3 amended
(1) In regulation 3 in the definition of appointments committee delete “regulation 4;” and insert: the Biosecurity and Agriculture Management Regulations 2013
regulation 129B(1);(2) In regulation 3 in the definition of chargeable sale:
(a) in paragraph (a) delete “which” and insert: which —
(b) in paragraph (a)(i) delete “operations; or” and insert: operation; or
(c) in paragraph (b) delete “operations” and insert: operation
24 December 2020 GOVERNMENT GAZETTE, WA 4759 Biosecurity and Agriculture Management Regulations Amendment
(Industry Funding Schemes) Regulations 2020
Biosecurity and Agriculture Management Industry Funding Part 2
Scheme (Cattle) Regulations 2010 amended
r. 5
(3) In regulation 3 in the definition of full participant:
(a) in paragraph (a) delete “regulation 17(1)” and insert: regulation 16(1)
(b) in paragraphs (b) and (c) delete “regulation 17(1) — ” and insert:
regulation 16(1) —
(4) In regulation 3 in the definitions of non-participant and participant delete “regulation 17(1);” and insert: regulation 16(1); (5) In regulation 3 in the definition of review panel delete “regulation 23;” and insert: the Biosecurity and Agriculture Management Regulations 2013
regulation 129D(1);5. Regulations 4 and 5 deleted
Delete regulations 4 and 5.
6. Regulation 9 amended
After regulation 9(5)(c) insert:
(ca) if the member was a participant at the time of appointment — at the beginning of the financial year for which the member opts out of the
Scheme under regulation 16(1); or
4760 GOVERNMENT GAZETTE, WA 24 December 2020 Biosecurity and Agriculture Management Regulations Amendment
(Industry Funding Schemes) Regulations 2020
Part 2 Biosecurity and Agriculture Management Industry Funding Scheme (Cattle) Regulations 2010 amended r. 7 7. Regulation 14 amended
In regulation 14(3)(c) delete “operations” and insert:
operation
8. Regulation 15 amended
(1) In regulation 15(6)(b) delete “he” and insert: the officer (2) In regulation 15(7)(a) delete “13; and” and insert: 14; and 9. Regulation 17 amended
(1) In regulation 17(1) delete “regulation 16 for specified” and insert: regulation 16(1) for a specified (2) In regulation 17(3)(b) delete “those”. 10. Regulation 20 amended
In regulation 20(1) delete “person” and insert:
a person
24 December 2020 GOVERNMENT GAZETTE, WA 4761 Biosecurity and Agriculture Management Regulations Amendment
(Industry Funding Schemes) Regulations 2020
Biosecurity and Agriculture Management Industry Funding Part 2
Scheme (Cattle) Regulations 2010 amended
r. 11
11. Regulation 22 amended
After regulation 22(4) insert:
(5) An applicant who is dissatisfied with the outcome of an
application that the applicant has made for a payment
under regulation 19, 20 or 21 may request a review of
the application under the Biosecurity and Agriculture
Management Regulations 2013 regulation 129F(2).
12. Regulation 23 deleted
Delete regulation 23.
13. Regulation 25 amended
(1) In regulation 25(1):
(a) at the beginning of paragraph (d) insert: subject to subregulation (3),
(b) in paragraph (d)(i) delete “regulation 5; and” and insert: the Biosecurity and Agriculture Management
Regulations 2013 regulation 129C(4) to the extent that
the remuneration and allowances are costs and expenses
of administering the Account; and(c) in paragraph (d)(iii) delete “regulation 23; and” and insert:
the Biosecurity and Agriculture Management
Regulations 2013 regulation 129E(5) to the extent that
4762 GOVERNMENT GAZETTE, WA 24 December 2020 Biosecurity and Agriculture Management Regulations Amendment
(Industry Funding Schemes) Regulations 2020
Part 2 Biosecurity and Agriculture Management Industry Funding Scheme (Cattle) Regulations 2010 amended r. 14 the remuneration and allowances are costs and expenses
of administering the Account;and
(d) at the beginning of paragraph (e) insert: subject to subregulation (3),
(e) in paragraph (f) delete “the costs” and insert: any other costs
(2) In regulation 25(3) delete “subregulation (1)(f)” and insert: subregulation (1)(d) to (f) (3) In regulation 25(4) delete “subregulation (1)(b), (c) or (e) within
one month” and insert:subregulation (1)(b) or (c) within 1 month 14. Regulation 27 amended
In regulation 27(2)(b)(ii) delete “who” and insert:
to
24 December 2020 GOVERNMENT GAZETTE, WA 4763 Biosecurity and Agriculture Management Regulations Amendment
(Industry Funding Schemes) Regulations 2020
Biosecurity and Agriculture Management Industry Funding Part 2
Scheme (Cattle) Regulations 2010 amended
r. 15
15. Various penalties amended
In the provisions listed in the Table delete “Penalty:” and insert:
Penalty for this subregulation:
Table
r. 15(1) r. 15(2) r. 15(3)
4764 GOVERNMENT GAZETTE, WA 24 December 2020 Biosecurity and Agriculture Management Regulations Amendment
(Industry Funding Schemes) Regulations 2020
Part 3 Biosecurity and Agriculture Management Industry Funding Scheme (Grains) Regulations 2010 amended r. 16
Part 3 — Biosecurity and Agriculture Management
Industry Funding Scheme (Grains) Regulations 2010
amended
16. Regulations amended
This Part amends the Biosecurity and Agriculture Management
Industry Funding Scheme (Grains) Regulations 2010.
17. Regulation 3 amended
(1) In regulation 3 in the definition of appointments committee delete “regulation 4;” and insert: the Biosecurity and Agriculture Management Regulations 2013
regulation 129B(1);(2) In regulation 3 in the definition of hay delete “includes” and insert: does not include (3) In regulation 3 in the definition of review panel delete “regulation 24;” and insert: the Biosecurity and Agriculture Management Regulations 2013
regulation 129D(1);18. Regulations 4 and 5 deleted
Delete regulations 4 and 5.
24 December 2020 GOVERNMENT GAZETTE, WA 4765 Biosecurity and Agriculture Management Regulations Amendment
(Industry Funding Schemes) Regulations 2020
Biosecurity and Agriculture Management Industry Funding Part 3
Scheme (Grains) Regulations 2010 amended
r. 19
19. Regulation 9 amended
After regulation 9(5)(c) insert:
(ca) if the member was a participant at the time of appointment — at the beginning of the financial year for which the member opts out of the
Scheme under regulation 17(1); or
20. Regulation 16 amended
In regulation 16(5)(b) delete “he” and insert:
the officer
21. Regulation 18 amended
(1) In regulation 18(1) delete “regulation 17 for specified” and insert: regulation 17(1) for a specified (2) In regulation 18(3)(b) delete “those”. 22. Regulation 23 amended
After regulation 23(4) insert:
(5) An applicant who is dissatisfied with the outcome of an
application that the applicant has made for a payment
under regulation 20, 21 or 22 may request a review of
the application under the Biosecurity and Agriculture
Management Regulations 2013 regulation 129F(2).
4766 GOVERNMENT GAZETTE, WA 24 December 2020 Biosecurity and Agriculture Management Regulations Amendment
(Industry Funding Schemes) Regulations 2020
Part 3 Biosecurity and Agriculture Management Industry Funding Scheme (Grains) Regulations 2010 amended r. 23 23. Regulation 24 deleted
Delete regulation 24.
24. Regulation 26 amended
(1) In regulation 26(1):
(a) at the beginning of paragraph (d) insert: subject to subregulation (3),
(b) in paragraph (d)(i) delete “regulation 5; and” and insert: the Biosecurity and Agriculture Management
Regulations 2013 regulation 129C(4) to the extent that
the remuneration and allowances are costs and expenses
of administering the Account; and(c) in paragraph (d)(iii) delete “regulation 24; and” and insert:
the Biosecurity and Agriculture Management
Regulations 2013 regulation 129E(5) to the extent that
the remuneration and allowances are costs and expenses
of administering the Account;and
(d) at the beginning of paragraph (e) insert: subject to subregulation (3),
24 December 2020 GOVERNMENT GAZETTE, WA 4767 Biosecurity and Agriculture Management Regulations Amendment
(Industry Funding Schemes) Regulations 2020
Biosecurity and Agriculture Management Industry Funding Part 3
Scheme (Grains) Regulations 2010 amended
r. 25
(e) in paragraph (f) delete “the costs” and insert: any other costs
(2) In regulation 26(3) delete “subregulation (1)(f)” and insert: subregulation (1)(d) to (f) (3) In regulation 26(4) delete “subregulation (1)(b), (c) or (e) within
one month” and insert:subregulation (1)(b) or (c) within 1 month 25. Various penalties amended
In the provisions listed in the Table delete “Penalty:” and insert:
Penalty for this subregulation:
Table
r. 14(1) r. 14(3) r. 16(1) r. 16(2)
4768 GOVERNMENT GAZETTE, WA 24 December 2020 Biosecurity and Agriculture Management Regulations Amendment
(Industry Funding Schemes) Regulations 2020
Part 4 Biosecurity and Agriculture Management Industry Funding Scheme (Sheep and Goats) Regulations 2010 amended r. 26
Part 4 — Biosecurity and Agriculture Management
Industry Funding Scheme (Sheep and Goats)
Regulations 2010 amended
26. Regulations amended
This Part amends the Biosecurity and Agriculture Management Industry Funding Scheme (Sheep and Goats) Regulations 2010.
27. Regulation 3 amended
(1) In regulation 3 in the definition of appointments committee delete “regulation 4;” and insert: the Biosecurity and Agriculture Management Regulations 2013
regulation 129B(1);(2) In regulation 3 in the definition of review panel delete “regulation 23;” and insert: the Biosecurity and Agriculture Management Regulations 2013
regulation 129D(1);28. Regulations 4 and 5 deleted
Delete regulations 4 and 5.
29. Regulation 9 amended
After regulation 9(5)(c) insert:
(ca) if the member was a participant at the time of appointment — at the beginning of the financial year for which the member opts out of the
Scheme under regulation 16(1); or
24 December 2020 GOVERNMENT GAZETTE, WA 4769 Biosecurity and Agriculture Management Regulations Amendment
(Industry Funding Schemes) Regulations 2020
Biosecurity and Agriculture Management Industry Funding Part 4 Scheme (Sheep and Goats) Regulations 2010 amended
r. 30
30. Regulation 15 amended
In regulation 15(6)(b) delete “he” and insert:
the officer
31. Regulation 17 amended
(1) In regulation 17(1) delete “regulation 16 for specified” and insert: regulation 16(1) for a specified (2) In regulation 17(3)(b) delete “those”. 32. Regulation 22 amended
After regulation 22(4) insert:
(5) An applicant who is dissatisfied with the outcome of an
application that the applicant has made for a payment
under regulation 19, 20 or 21 may request a review of
the application under the Biosecurity and Agriculture
Management Regulations 2013 regulation 129F(2).
33. Regulation 23 deleted
Delete regulation 23.
4770 GOVERNMENT GAZETTE, WA 24 December 2020 Biosecurity and Agriculture Management Regulations Amendment
(Industry Funding Schemes) Regulations 2020
Part 4 Biosecurity and Agriculture Management Industry Funding Scheme (Sheep and Goats) Regulations 2010 amended r. 34 34. Regulation 25 amended
(1) In regulation 25(1):
(a) at the beginning of paragraph (d) insert: subject to subregulation (3),
(b) in paragraph (d)(i) delete “regulation 5; and” and insert: the Biosecurity and Agriculture Management
Regulations 2013 regulation 129C(4) to the extent that
the remuneration and allowances are costs and expenses
of administering the Account; and(c) in paragraph (d)(iii) delete “regulation 23; and” and insert:
the Biosecurity and Agriculture Management
Regulations 2013 regulation 129E(5) to the extent that
the remuneration and allowances are costs and expenses
of administering the Account;and
(d) at the beginning of paragraph (e) insert: subject to subregulation (3),
(e) in paragraph (f) delete “the costs” and insert: any other costs
24 December 2020 GOVERNMENT GAZETTE, WA 4771 Biosecurity and Agriculture Management Regulations Amendment
(Industry Funding Schemes) Regulations 2020
Biosecurity and Agriculture Management Industry Funding Part 4 Scheme (Sheep and Goats) Regulations 2010 amended
r. 35
(2) In regulation 25(3) delete “subregulation (1)(f)” and insert: subregulation (1)(d) to (f) (3) In regulation 25(4) delete “subregulation (1)(b), (c) or (e) within
one month” and insert:subregulation (1)(b) or (c) within 1 month 35. Various penalties amended
In the provisions listed in the Table delete “Penalty:” and insert:
Penalty for this subregulation:
Table
r. 15(1) r. 15(2) r. 15(3)
4772 GOVERNMENT GAZETTE, WA 24 December 2020 Biosecurity and Agriculture Management Regulations Amendment
(Industry Funding Schemes) Regulations 2020
Part 5 Biosecurity and Agriculture Management Regulations 2013 amended r. 36
Part 5 — Biosecurity and Agriculture Management
Regulations 2013 amended
36. Regulations amended
This Part amends the Biosecurity and Agriculture Management
Regulations 2013.
37. Part 10A inserted
After regulation 129 insert:
Part 10A — Industry funding schemes
Division 1 — Appointments committee and review
panel
129A. Terms used In this Division — appointments committee means the appointments
committee established by regulation 129B(1);full participant means —
(a) a full participant as defined in the Biosecurity and Agriculture Management Industry Funding
Scheme (Cattle) Regulations 2010 regulation 3; or
(b) a full participant as defined in the Biosecurity and Agriculture Management Industry Funding
Scheme (Grains) Regulations 2010regulation 3; or
(c) a full participant as defined in the Biosecurity and Agriculture Management Industry Funding
Scheme (Sheep and Goats) Regulations 2010
regulation 3;
24 December 2020 GOVERNMENT GAZETTE, WA 4773 Biosecurity and Agriculture Management Regulations Amendment
(Industry Funding Schemes) Regulations 2020
Biosecurity and Agriculture Management Regulations 2013 Part 5 amended
r. 37
grower has the meaning given in the Biosecurity and
Agriculture Management Industry Funding Scheme
(Grains) Regulations 2010 regulation 3;
GSH industry has the meaning given in the Biosecurity
and Agriculture Management Industry Funding
Scheme (Grains) Regulations 2010 regulation 3;
Industry Management Committee means —
(a) the Cattle Industry Funding Scheme Management Committee established by the Biosecurity and Agriculture Management
Industry Funding Scheme (Cattle)Regulations 2010 regulation 8; or
(b) the Grains, Seeds and Hay Industry Funding Scheme Management Committee established by the Biosecurity and Agriculture Management Industry Funding Scheme
(Grains) Regulations 2010 regulation 8; or
(c) the Sheep and Goat Industry Funding Scheme Management Committee established by the Biosecurity and Agriculture Management
Industry Funding Scheme (Sheep and Goats)Regulations 2010 regulation 8;
participant means —
(a) a participant as defined in the Biosecurity and Agriculture Management Industry Funding
Scheme (Cattle) Regulations 2010 regulation 3; or
(b) a participant as defined in the Biosecurity and Agriculture Management Industry Funding
Scheme (Grains) Regulations 2010regulation 3; or
(c) a participant as defined in the Biosecurity and Agriculture Management Industry Funding
4774 GOVERNMENT GAZETTE, WA 24 December 2020 Biosecurity and Agriculture Management Regulations Amendment
(Industry Funding Schemes) Regulations 2020
Part 5 Biosecurity and Agriculture Management Regulations 2013 amended r. 37 Scheme (Sheep and Goats) Regulations 2010
regulation 3;
review panel means the review panel established by
regulation 129D(1);
Scheme means —
(a) the scheme constituted by the Biosecurity and Agriculture Management Industry Funding
Scheme (Cattle) Regulations 2010 Part 4; or
(b) the scheme constituted by the Biosecurity and Agriculture Management Industry Funding
Scheme (Grains) Regulations 2010 Part 4; or
(c) the scheme constituted by the Biosecurity and Agriculture Management Industry Funding
Scheme (Sheep and Goats) Regulations 2010Part 4.
129B. Appointments committee established
(1) An appointments committee is established to advise on the appointment of members of —
(a) the Industry Management Committees; and (b) the review panel.
(2) The appointments committee must consist of at least
2 persons appointed by the Minister.(3) The Minister must appoint —
(a)
at least 1 member of the appointments committee with the agreement of the Western Australian Farmers Federation (Inc); and
(b)
at least 1 member of the appointments committee with the agreement of the Pastoralists and Graziers Association of Western Australia (Inc).
24 December 2020 GOVERNMENT GAZETTE, WA 4775 Biosecurity and Agriculture Management Regulations Amendment
(Industry Funding Schemes) Regulations 2020
Biosecurity and Agriculture Management Regulations 2013 Part 5 amended
r. 37
(4) Every person who is appointed to the appointments
committee other than under subregulation (3) must be aperson who, in the opinion of the Minister —
(a)
is familiar with the interests of farmers, or has knowledge and experience enabling that person to understand those interests; or
(b)
has a financial interest in the agricultural sector of the economy of the State; or
(c)
has extensive or special experience in the agricultural sector of the economy of the State.
129C. Appointments committee member term of office
and remuneration
(1) On the appointment of a member of the appointments committee, the Minister must —
(a) specify that the member is appointed for the purpose of advising on a particular appointment under —
(i) the Biosecurity and Agriculture
Management Industry Funding Scheme
(Cattle) Regulations 2010 regulation 9;
or(ii) the Biosecurity and Agriculture
Management Industry Funding Scheme
(Grains) Regulations 2010 regulation 9;
or(iii) the Biosecurity and Agriculture
Management Industry Funding Scheme
(Sheep and Goats) Regulations 2010regulation 9; or
(iv) regulation 129D;
or
4776 GOVERNMENT GAZETTE, WA 24 December 2020 Biosecurity and Agriculture Management Regulations Amendment
(Industry Funding Schemes) Regulations 2020
Part 5 Biosecurity and Agriculture Management Regulations 2013 amended r. 37
(b)
set a term of office, not exceeding 3 years, for that member.
(2) A member of the appointments committee ceases to hold office —
(a) in the case of a member appointed for the purpose of advising on a particular appointment — when that appointment has
been made; and
(b) in the case of a member for whom a term of office has been set — on the expiry of that term
of office; and
(c) in any case — (i) upon retiring from office by written notice to the Minister; or
(ii) upon being removed from office by the Minister by written notice; or
(iii) upon death.
(3) A member of the appointments committee whose term
of office expires may, if qualified for appointment
under regulation 129B(3) or (4), be immediately
reappointed.(4) Each member of the appointments committee must be
paid such remuneration and allowances as the Minister,
on the recommendation of the Public Sector
Commissioner, determines in the case of that member.
129D. Review panel established
(1) A review panel is established for the Schemes. (2) The review panel must consist of at least 3 persons
appointed by the Minister after consulting, and taking
account of, the views of the appointments committee.
24 December 2020 GOVERNMENT GAZETTE, WA 4777 Biosecurity and Agriculture Management Regulations Amendment
(Industry Funding Schemes) Regulations 2020
Biosecurity and Agriculture Management Regulations 2013 Part 5 amended
r. 37
(3)
Subject to subregulation (4), each person appointed by the Minister to be a member of the review panel must be a full participant.
(4) The Minister may appoint a person who is not a full participant to be a member of the review panel if —
(a) in the opinion of the Minister, the person appointed —
(i) is familiar with the interests of owners as defined in the Biosecurity and
Agriculture Management Industry
Funding Scheme (Cattle)Regulations 2010 regulation 3, or has
knowledge or experience enabling that
person to understand those interests; or(ii) is familiar with the interests of owners as defined in the Biosecurity and
Agriculture Management Industry
Funding Scheme (Sheep and Goats)Regulations 2010 regulation 3, or has
knowledge or experience enabling that
person to understand those interests; or(iii) is familiar with the interests of growers, or has knowledge or experience enabling that person to understand those interests; or
(iv) has a financial interest in the cattle industry or the GSH industry or the sheep and goat industry; or
(v) has extensive or special experience in the cattle industry or the GSH industry or the sheep and goat industry;
and
4778 GOVERNMENT GAZETTE, WA 24 December 2020 Biosecurity and Agriculture Management Regulations Amendment
(Industry Funding Schemes) Regulations 2020
Part 5 Biosecurity and Agriculture Management Regulations 2013 amended r. 37
(b)
immediately after the appointment, there will not be more than 1 member of the review panel who is not a full participant.
(5) A member of an Industry Management Committee
must not be appointed to be a member of the review
panel.
129E. Review panel member term of office and
remuneration
(1) On the appointment of a member of the review panel,
the Minister must set a term of office, not exceeding
3 years, for that member.(2) A member of the review panel ceases to hold office —
(a) on the expiry of the member’s term of office; or (b) upon being appointed to be a member of an Industry Management Committee; or (c) upon retiring from office by written notice to the Minister; or (d) upon being removed from office by the Minister by written notice; or (e) if the member was a participant at the time of appointment — upon the member ceasing to be
a participant; or
(f) upon death.
(3) Subject to subregulation (4), a member of the review
panel whose term of office expires may be immediatelyreappointed if qualified for appointment under —
(a) regulation 129D(3) or (4); and (b) regulation 129D(5).
24 December 2020 GOVERNMENT GAZETTE, WA 4779 Biosecurity and Agriculture Management Regulations Amendment
(Industry Funding Schemes) Regulations 2020
Biosecurity and Agriculture Management Regulations 2013 Part 5 amended
r. 37
(4) A member of the review panel who is reappointed in
accordance with subregulation (3), and whose term of
office set on reappointment expires, may not be
reappointed until at least 1 year has passed.(5)
Each member of the review panel must be paid such remuneration and allowances as the Minister, on the recommendation of the Public Sector Commissioner, determines in the case of that member.
129F. Review of applications for compensation and
reimbursement
(1) This regulation applies if an applicant receives a notification under —
(a) the Biosecurity and Agriculture Management Industry Funding Scheme (Cattle)
Regulations 2010 regulation 22(4); or
(b) the Biosecurity and Agriculture Management Industry Funding Scheme (Grains)
Regulations 2010 regulation 23(4); or
(c) the Biosecurity and Agriculture Management Industry Funding Scheme (Sheep and Goats)
Regulations 2010 regulation 22(4).
(2) Within 1 month after receiving the notification, the
applicant may by notice to the Director General request
a review of the application the subject of the
notification.(3) Upon receipt of a request for a review under
subregulation (2), the Director General must refer the
application to the review panel.
4780 GOVERNMENT GAZETTE, WA 24 December 2020 Biosecurity and Agriculture Management Regulations Amendment
(Industry Funding Schemes) Regulations 2020
Part 5 Biosecurity and Agriculture Management Regulations 2013 amended r. 37
(4) The review panel must review the application and its
outcome and must, within 3 months after the referral ofthe application, either —
(a)
confirm the outcome as notified to the applicant; or
(b)
vary the outcome as notified to the applicant, in which event, subject to the other provisions of the Scheme, the Director General must make payment in accordance with the outcome of the application as varied by the review panel.
(5) The decision of the review panel under
subregulation (4) is final and without appeal.
Division 2 — Transitional provisions for Biosecurity and
Agriculture Management Regulations Amendment
(Industry Funding Schemes) Regulations 2020
Subdivision 1 — Preliminary
129G. Terms used In this Division — amendment regulations means the Biosecurity and Agriculture Management Regulations Amendment (Industry Funding Schemes) Regulations 2020; commencement day means the day on which the Biosecurity and Agriculture Management Regulations
Amendment (Industry Funding Schemes)Regulations 2020 regulation 37 comes into operation. Subdivision 2 — Appointments committee 129H. Membership of appointments committee
(1) The persons who, immediately before commencement
day, are members of the appointments committee
24 December 2020 GOVERNMENT GAZETTE, WA 4781 Biosecurity and Agriculture Management Regulations Amendment
(Industry Funding Schemes) Regulations 2020
Biosecurity and Agriculture Management Regulations 2013 Part 5 amended
r. 37
established by the Biosecurity and Agriculture
Management Industry Funding Scheme (Cattle)
Regulations 2010 regulation 4(1) continue in office as members of the appointments committee established by
regulation 129B(1) —
(a) as if they had been appointed by the Minister under regulation 129B(2) on commencement day; and (b) each with a term of office that is the balance of the person’s term of office remaining
immediately before commencement day.
(2) The persons who, immediately before commencement
day, are members of the appointments committee
established by the Biosecurity and AgricultureManagement Industry Funding Scheme (Grains) Regulations 2010 regulation 4(1) continue in office as members of the appointments committee established by
regulation 129B(1) —
(a) as if they had been appointed by the Minister under regulation 129B(2) on commencement day; and (b) each with a term of office that is the balance of the person’s term of office remaining
immediately before commencement day.
(3) The persons who, immediately before commencement
day, are members of the appointments committee
established by the Biosecurity and AgricultureManagement Industry Funding Scheme (Sheep and Goats) Regulations 2010 regulation 4(1) continue in office as members of the appointments committee
established by regulation 129B(1) —
(a)
as if they had been appointed by the Minister under regulation 129B(2) on commencement day; and
4782 GOVERNMENT GAZETTE, WA 24 December 2020 Biosecurity and Agriculture Management Regulations Amendment
(Industry Funding Schemes) Regulations 2020
Part 5 Biosecurity and Agriculture Management Regulations 2013 amended r. 37
(b) each with a term of office that is the balance of the person’s term of office remaining
immediately before commencement day.
129I. Saving of remuneration and allowances
(1) In this regulation — repealed provision means —
(a) the Biosecurity and Agriculture Management Industry Funding Scheme (Cattle)
Regulations 2010 regulation 5 repealed by the amendment regulations; or
(b) the Biosecurity and Agriculture Management Industry Funding Scheme (Grains)
Regulations 2010 regulation 5 repealed by the amendment regulations; or
(c) the Biosecurity and Agriculture Management Industry Funding Scheme (Sheep and Goats)
Regulations 2010 regulation 5 repealed by the amendment regulations.
(2) A determination made by the Minister in respect of
remuneration and allowances under a repealed
provision that is in effect immediately before
commencement day continues to have effect, on and
after that day, as if it were a determination made by the
Minister in respect of remuneration and allowances
under regulation 129C(4).
Subdivision 3 — Review panel
129J. Membership of review panel
(1) The persons who, immediately before commencement
day, are members of the review panel established by
the Biosecurity and Agriculture Management IndustryFunding Scheme (Cattle) Regulations 2010
24 December 2020 GOVERNMENT GAZETTE, WA 4783 Biosecurity and Agriculture Management Regulations Amendment
(Industry Funding Schemes) Regulations 2020
Biosecurity and Agriculture Management Regulations 2013 Part 5 amended
r. 37
regulation 23(1) continue in office as members of the
review panel established by regulation 129D(1) —
(a) as if they had been appointed by the Minister under regulation 129D(2) on commencement day; and (b) each with a term of office that is the balance of the person’s term of office remaining
immediately before commencement day.
(2) The persons who, immediately before commencement
day, are members of the review panel established by
the Biosecurity and Agriculture Management IndustryFunding Scheme (Grains) Regulations 2010 regulation 24(1) continue in office as members of the review panel established by regulation 129D(1) —
(a) as if they had been appointed by the Minister under regulation 129D(2) on commencement day; and (b) each with a term of office that is the balance of the person’s term of office remaining
immediately before commencement day.
(3) The persons who, immediately before commencement
day, are members of the review panel established by
the Biosecurity and Agriculture Management IndustryFunding Scheme (Sheep and Goats) Regulations 2010 regulation 23(1) continue in office as members of the review panel established by regulation 129D(1) —
(a) as if they had been appointed by the Minister under regulation 129D(2) on commencement day; and (b) each with a term of office that is the balance of the person’s term of office remaining
immediately before commencement day.
4784 GOVERNMENT GAZETTE, WA 24 December 2020 Biosecurity and Agriculture Management Regulations Amendment
(Industry Funding Schemes) Regulations 2020
Part 5 Biosecurity and Agriculture Management Regulations 2013 amended r. 37
129K. Saving of remuneration and allowances
(1) In this regulation — repealed provision means —
(a) the Biosecurity and Agriculture Management Industry Funding Scheme (Cattle)
Regulations 2010 regulation 23(10) repealed by the amendment regulations; or
(b) the Biosecurity and Agriculture Management Industry Funding Scheme (Grains)
Regulations 2010 regulation 24(10) repealed by the amendment regulations; or
(c) the Biosecurity and Agriculture Management Industry Funding Scheme (Sheep and Goats)
Regulations 2010 regulation 23(10) repealed by the amendment regulations.
(2) A determination made by the Minister in respect of
remuneration and allowances under a repealed
provision that is in effect immediately before
commencement day continues to have effect, on and
after that day, as if it were a determination made by the
Minister in respect of remuneration and allowances
under regulation 129E(5).
129L. Pending reviews
(1) In this regulation — application means —
(a) an application for a payment under the Biosecurity and Agriculture Management
Industry Funding Scheme (Cattle)Regulations 2010 regulation 19, 20 or 21; or
24 December 2020 GOVERNMENT GAZETTE, WA 4785 Biosecurity and Agriculture Management Regulations Amendment
(Industry Funding Schemes) Regulations 2020
Biosecurity and Agriculture Management Regulations 2013 Part 5 amended
r. 37
(b) an application for a payment under the Biosecurity and Agriculture Management
Industry Funding Scheme (Grains)Regulations 2010 regulation 20, 21 or 22; or
(c) an application for a payment under the Biosecurity and Agriculture Management
Industry Funding Scheme (Sheep and Goats)Regulations 2010 regulation 19, 20 or 21;
repealed provision means —
(a) the Biosecurity and Agriculture Management Industry Funding Scheme (Cattle)
Regulations 2010 regulation 23 repealed by the amendment regulations; or
(b) the Biosecurity and Agriculture Management
Industry Funding Scheme (Grains)
Regulations 2010 regulation 24 repealed by the amendment regulations; or
(c) the Biosecurity and Agriculture Management Industry Funding Scheme (Sheep and Goats)
Regulations 2010 regulation 23 repealed by the amendment regulations.
(2) Subregulation (3) applies if, before commencement day —
(a)
a request for a review of an application is made under a repealed provision; but
(b)
the application is not referred to the review panel under the repealed provision.
(3) Regulation 129F applies as if the request had been
made under regulation 129F(2).
4786 GOVERNMENT GAZETTE, WA 24 December 2020 Biosecurity and Agriculture Management Regulations Amendment
(Industry Funding Schemes) Regulations 2020
Part 5 Biosecurity and Agriculture Management Regulations 2013 amended r. 37
(4) Subregulation (5) applies if, before commencement day —
(a)
an application is referred to a review panel under a repealed provision; and
(b) either —
(i) the review is not completed; or
(ii) the review is completed but the Director General does not make any required payment.
(5) As the case requires —
(a) payment made, under regulation 129F as if the
the review must be completed, and any required regulation 129F(3); or
(b)
the required payment must be made under regulation 129F as if the review had been completed under regulation 129F.
N. HAGLEY, Clerk of the Executive Council.
———————————
0
0
0