Agriculture, Fisheries and Forestry Legislation Amendment Act (No. 1) 1998

Overview

The Agriculture, Fisheries and Forestry Legislation Amendment Act (No. 1) 1998 was enacted to address certain legislative gaps and update the existing legal framework governing agriculture, fisheries, and forestry sectors in Australia. This Act was introduced by the Parliament of Australia and received Royal Assent on 11 December 1998. The primary objective of this Act is to repeal outdated legislation and make necessary amendments to current laws to ensure effective governance and administration of these vital industries. The Act also includes provisions for the continued application of certain repealed laws to specific cases, ensuring a smooth transition and avoiding potential disruptions.

Scope and Application

The Agriculture, Fisheries and Forestry Legislation Amendment Act (No. 1) 1998 is an Act of the Parliament of Australia that seeks to amend existing laws pertaining to agriculture, fisheries, and forestry. The Act came into effect on the day it received Royal Assent, with specific provisions of Schedule 1 commencing on 1 January 1999. The Act's amendments primarily affect the Dried Vine Fruits Equalization Act 1978 and the Pig Industry Act 1986. In relation to the Dried Vine Fruits Equalization Act 1978, the Act repeals the entire Act but includes a saving provision that allows the Act to continue applying to export sales of dried fruit where a separate account for a previous season exists, specifically for the seasons starting on 1 January 1997 or 1 January 1998. As for the Pig Industry Act 1986, the Act amends definitions and references within the Act, replacing references to the "National Meat Processors’ Association" with "AFC Processed Meats Forum" and defining "AFC Processed Meats Forum" as those members of the Australian Food Council who are also members of the Processed Meats Forum. This Act applies to the entities and industries involved in agriculture, fisheries, and forestry within the Commonwealth of Australia.

Key Provisions

The Agriculture, Fisheries and Forestry Legislation Amendment Act (No. 1) 1998 (Act) primarily makes amendments to the existing laws concerning agriculture, fisheries, and forestry. Specifically, it repeals the Dried Vine Fruits Equalization Act 1978 and makes amendments to the Pig Industry Act 1986. Section 1 of the Act provides that the Act may be cited as the Agriculture, Fisheries and Forestry Legislation Amendment Act (No. 1) 1998. The Act commences on the day it receives Royal Assent, as stated in Section 2(1). However, Schedule 1 of the Act, which deals with the repeal of the Dried Vine Fruits Equalization Act 1978, commences on 1 January 1999 as per Section 2(2). Schedule 1, Part 1, repeals the whole of the Dried Vine Fruits Equalization Act 1978, while Part 2 provides a saving provision that ensures the repealed Act continues to apply to export sales of exported dried fruit where a separate account for a previous season relates. The Act imposes obligations on entities involved in the agriculture, fisheries, and forestry sectors. For example, Section 3 of the Act amends the Pig Industry Act 1986 to redefine certain terms and entities. It introduces the term "AFC Processed Meats Forum" to mean those members of the Australian Food Council who are also members of the Processed Meats Forum. Additionally, it redefines the term "Australian Food Council" to mean the body registered as a company under the Corporations Law under that name. The Act also amends the definition of "eligible industry body" to include the AFC Processed Meats Forum. Furthermore, it replaces references to the "National Meat Processors’ Association" with "AFC Processed Meats Forum" in specific sections of the Pig Industry Act 1986. These changes impose clear definitions and obligations on the entities involved in the pig industry, ensuring they comply with the updated legal framework. The Act does not explicitly state any offences, penalties, or civil/criminal consequences for breaches. However, given that the Act amends existing legislation, any breaches of the provisions within the Pig Industry Act 1986 or the saving provision in Schedule 1 would likely result in penalties as prescribed in the Pig Industry Act 1986. For instance, the Pig Industry Act 1986 may include provisions for fines or other penalties for non-compliance, and these would apply accordingly to any breaches related to the amendments made by the Agriculture, Fisheries and Forestry Legislation Amendment Act (No. 1) 1998.