Agriculture, Fisheries and Forestry Redundant Regulations (Repeal) 1999

Overview

The Agriculture, Fisheries and Forestry Redundant Regulations (Repeal) 1999 was enacted to address the redundancy of certain regulations under the Agriculture, Fisheries and Forestry portfolio. This legislative instrument was issued by the Minister for Agriculture, Fisheries and Forestry, acting under the authority granted by various primary Acts including the Apple and Pear Export Charge Act 1976, the Apple and Pear Levy Act 1976, the Australian Horticultural Corporation Act 1987, and the Horticultural Policy Council Act 1987. The overarching policy objective of these regulations was to streamline and modernise the legislative framework by removing outdated and unnecessary rules that were no longer serving a purpose due to changes in policy or the cessation of certain activities. The repeal of these regulations aimed to enhance clarity and efficiency in the administration of the sector.

Scope and Application

The Agriculture, Fisheries and Forestry Redundant Regulations (Repeal) 1999 applies to various legislative instruments and regulatory frameworks administered by the Australian Government under the Agriculture, Fisheries and Forestry portfolio. Specifically, the Act repeals redundant regulations under the Apple and Pear Export Charge Act 1976, the Apple and Pear Levy Act 1976, the Australian Horticultural Corporation Act 1987, and the Horticultural Policy Council Act 1987. The repeal addresses the redundancy of these regulations following the enactment of new legislation or the cessation of relevant bodies such as the Horticultural Policy Council and the Australian Dried Fruits Board. The Regulations apply nationally across Australia, as they are Commonwealth legislation. There are no stated exclusions, exemptions, or thresholds within the Act itself, but the scope of application may be further defined by any subordinate instruments created under the authority of the relevant Acts. The Regulations commence on the date of gazettal.

Key Provisions

The Agriculture, Fisheries and Forestry Redundant Regulations (Repeal) 1999 (Regulations) primarily serve to repeal several previously enacted regulations that have become redundant due to changes in legislation or operational circumstances. These regulations pertain to acts within the Agriculture, Fisheries and Forestry portfolio. Specifically, Regulation 3 repeals the Statutory Rules made under the Apple and Pear Export Charge Act 1976, Regulation 4 repeals the Statutory Rules made under the Apple and Pear Levy Act 1976, Regulation 5 repeals the Australian Dried Fruits Board (AGM) Regulations under the Australian Horticultural Corporation Act 1987, and Regulation 6 repeals the Horticultural Policy Council Regulations under the Horticultural Policy Council Act 1987. Each of these regulations was rendered redundant due to the enactment of newer legislation or the cessation of certain functions within the sector. The obligations imposed by these regulations are primarily on the entities that were previously governed by the now-redundant regulations. For example, entities that were previously required to comply with the Apple and Pear Export Charge Act 1976 or the Apple and Pear Levy Act 1976 are now relieved from those obligations as these acts have been superseded. Similarly, the Australian Dried Fruits Board is no longer required to convene an annual general meeting as previously mandated, and the Horticultural Policy Council is no longer operational. These changes are significant for those entities as they now need to align their practices with the updated legislative framework. Breaching the repealed regulations would not directly result in penalties under the repealed regulations themselves, as they are no longer in force. However, failure to comply with the new legislative framework or other relevant laws could lead to penalties. For instance, if entities previously governed by the repealed regulations fail to adhere to the new statutory requirements under the Horticultural Export Charge Act 1987 or Horticultural Levy Act 1987, they may face civil or criminal penalties as prescribed by those Acts. The maximum penalties would depend on the specific provisions of the new Acts and the nature of the breach.