Financial Framework (Supplementary Powers) Amendment (Agriculture, Fisheries and Forestry Measures No. 1) Regulations 2022

EXPLANATORY STATEMENT

Issued by the Authority of the Minister for Finance

Financial Framework (Supplementary Powers) Act 1997

The Financial Framework (Supplementary Powers) Act 1997 (the FF(SP) Act) confers on the Commonwealth, in certain circumstances, powers to make arrangements under which money can be spent; or to make grants of financial assistance; and to form, or otherwise be involved in, companies. The arrangements, grants, programs and companies (or classes of arrangements or grants in relation to which the powers are conferred) are specified in the Financial Framework (Supplementary Powers) Regulations 1997 (the Principal Regulations). The powers in the FF(SP) Act to make, vary or administer arrangements or grants may be exercised on behalf of the Commonwealth by Ministers and the accountable authorities of non-corporate Commonwealth entities, as defined under section 12 of the Public Governance, Performance and Accountability Act 2013.

The Principal Regulations are exempt from sunsetting under section 12 of the Legislation (Exemptions and Other Matters) Regulation 2015 (item 28A). If the Principal Regulations were subject to the sunsetting regime under the Legislation Act 2003, this would generate uncertainty about the continuing operation of existing contracts and funding agreements between the Commonwealth and third parties (particularly those extending beyond 10 years), as well as the Commonwealth’s legislative authority to continue making, varying or administering arrangements, grants and programs.

Additionally, the Principal Regulations authorise a number of activities that form part of intergovernmental schemes. It would not be appropriate for the Commonwealth to unilaterally sunset an instrument that provides authority for Commonwealth funding for activities that are underpinned by an intergovernmental arrangement. To ensure that the Principal Regulations continue to reflect government priorities and remain up to date, the Principal Regulations are subject to periodic review to identify and repeal items that are redundant or no longer required.

Section 32B of the FF(SP) Act authorises the Commonwealth to make, vary and administer arrangements and grants specified in the Principal Regulations. Section 32B also authorises the Commonwealth to make, vary and administer arrangements for the purposes of programs specified in the Principal Regulations. Section 32D of the FF(SP) Act confers powers of delegation on Ministers and the accountable authorities of non-corporate Commonwealth entities, including subsection 32B(1) of the Act. Schedule 1AA and Schedule 1AB to the Principal Regulations specify the arrangements, grants and programs.

Section 65 of the FF(SP) Act provides that the Governor-General may make regulations prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

The Financial Framework (Supplementary Powers) Amendment (Agriculture, Fisheries and Forestry Measures No. 1) Regulations 2022 (the Regulations) amend Schedule 1AB to the Principal Regulations to establish legislative authority for government spending on certain activities to be administered by the Department of Agriculture, Fisheries and Forestry (the department).

Funding is provided for the:

Improve the Long-term Sustainability of the South East Trawl Fishery and Support Fishers program that aims to provide financial support to fishing operators who wish to exit the Commonwealth South East Trawl Fishery (also known as the Commonwealth Trawl Sector of the Southern and Eastern Scalefish and Shark Fishery) as a result of management changes that have been introduced to safeguard long-term sustainability ($20 million of administered funding in 2022-23);
Bolstering Australia’s Biosecurity System—Protecting Australia from escalating exotic animal disease risks program to prepare and strengthen Australia’s ability to respond to the escalating biosecurity risk from countries to the north of Australia ($61.6 million over two years from 2022-23);
National Forest Products Innovation program to enhance Australia’s productivity and competitiveness through forestry research, development and innovation and to improve Australia’s sovereign capability in timber production ($108.6 million over five years from 2022-23); and
Support Regional Trade Events program to support industry events and forums that foster and encourage interstate and overseas trade and commerce by promoting agricultural sectors in Australia, including businesses that are in or support these sectors ($12.3 million over three years from 2022-23).

Details of the Regulations are set out at Attachment A. A Statement of Compatibility with Human Rights is at Attachment B.

The Regulations are a legislative instrument for the purposes of the Legislation Act 2003.

The Regulations commence on the day after registration on the Federal Register of Legislation.

Consultation

In accordance with section 17 of the Legislation Act 2003, consultation has taken place with the Department of Agriculture, Fisheries and Forestry.

A regulation impact statement is not required as the Regulations only apply to non-corporate Commonwealth entities and do not adversely affect the private sector.

Details of the Financial Framework (Supplementary Powers) Amendment

(Agriculture, Fisheries and Forestry Measures No. 1) Regulations 2022

Section 1 – Name

This section provides that the title of the Regulations is the Financial Framework (Supplementary Powers) Amendment (Agriculture, Fisheries and Forestry Measures No. 1) Regulations 2022.

Section 2 – Commencement

This section provides that the Regulations commence on the day after registration on the Federal Register of Legislation.

Section 3 – Authority

This section provides that the Regulations are made under the Financial Framework (Supplementary Powers) Act 1997.

Section 4 – Schedules

This section provides that the Financial Framework (Supplementary Powers) Regulations 1997 are amended as set out in the Schedule to the Regulations.

Schedule 1 – Amendments

Financial Framework (Supplementary Powers) Regulations 1997

Item 1 – In the appropriate position in Part 4 of Schedule 1AB (table)

This item adds four new table items to Part 4 of Schedule 1AB to establish legislative authority for government spending on certain activities to be administered by the Department of Agriculture, Fisheries and Forestry (the department).

New table item 567 establishes legislative authority for government spending on the Improve the Long-term Sustainability of the South East Trawl Fishery and Support Fishers program (the program).

The program aims to assist local industry to manage the impact of management changes in the Commonwealth South East Trawl Fishery (also known as the Commonwealth Trawl Sector of the Southern and Eastern Scalefish and Shark Fishery) in response to the decline in numbers of important commercial fish species, including by providing funding to eligible fishers in the South East Trawl Fishery (SETF) who surrender their Statutory Fishing Rights (SFRs).

Within the SETF, several species have declined below sustainable limits and are not recovering. This is despite the best efforts of fishers in avoiding targeted fishing of at-risk species, and reduced catch limits for these species over the past 30 years.

Research shows the decline is likely being driven by a combination of external environmental factors including climate change, rather than by current fishing effort. The non-recovering species are redfish, blue warehou, eastern gemfish, jackass morwong, John Dory and silver trevally.

To address this decline, the Australian Fisheries Management Authority (AFMA) implemented significant catch limit reductions for four of these species from the start of the fishing season on 1 May 2022. Other measures, including significant closures of key fishing grounds in the SETF, will also be implemented to reduce fishing mortality of the at-risk species. While these management measures are necessary to protect at-risk species, the closures will also impact catches of some of the most commercially valuable and sustainable fish species, primarily flathead.

The management measures being introduced will have far-reaching implications for people in the fishery, many operating family-owned vessels based out of regional ports. The Government will provide up to $20 million in 2022-23 for the surrender of boat SFRs from operators who wish to transition out of the fishery as a result of these management changes. Removing boat SFRs will also reduce active and potential effort from the fishery which may help to minimise ecological impacts in fishing grounds adjacent to closure areas, and improve economic viability for those operators who remain in the fishery.

To provide certainty for industry, the department intends to commence the buyback process from January 2023. This will allow concession holders to decide whether to surrender their boat SFRs before the commencement of the fishing season on 1 May 2023.

The department expects to administer the purchase of the surrender of boat SFRs through a procurement process. The tender will be open to boat SFRs holders in the SETF. Boat SFR holders in other Commonwealth fisheries, or other sectors of the Southern and Eastern Scalefish and Shark Fishery will not be eligible to participate.

The department will engage directly with eligible tenderers about the program and tender documentation will be made available through AusTender (www.tenders.gov.au).

The tender process will be delivered in accordance with the Commonwealth Procurement Rules (CPRs) and the Public Governance, Performance and Accountability Act 2013
(PGPA Act). A tender review panel will be established to assess tenders and recommend successful applicants. Final decisions on successful applicants and expenditure will be made by a delegate of the Minister for Agriculture, Fisheries and Forestry (the Minister), taking into account the recommendations of the review panel. The delegate of the Minister would be an SES employee, or an acting SES employee, of the department, who would have relevant expertise in, and understanding of, fisheries policy, and be able to perform relevant functions in accordance with the Commonwealth resource management framework.

Expenditure decisions in relation to the program will not be subject to independent merits review, as they are decisions relating to the allocation of a finite resource, from which all potential claims for a share of the resource cannot be met. In addition, any funding that has already been allocated would be affected if the original decision was overturned. The Administrative Review Council (ARC) has recognised that it is justifiable to exclude merits review in relation to decisions of this nature (see paragraphs 4.11 to 4.19 of the guide,
What decisions should be subject to merits review? (ARC’s guide)).

The re-making of a procurement decision after entry into contractual arrangement with a successful provider is legally complex, and could result in delays to providing services under the program. The Government Procurement (Judicial Review) Act 2018 enables suppliers to challenge some procurement processes for alleged breaches of certain procurement rules. This legislation might provide an additional avenue of redress (compensation or injunction) for dissatisfied providers or potential providers, depending on the circumstances.

In addition, the review and audit process undertaken by the Australian National Audit Office (ANAO) provides a mechanism to review Australian Government spending decisions and report any concerns to the Parliament. These requirements and mechanisms help to ensure the proper use of Commonwealth resources and appropriate transparency around decisions relating to making, varying or administering arrangements to spend relevant money.

Further, the right to review under section 75(v) of the Constitution and review under section 39B of the Judiciary Act 1903 may be available. Persons affected by spending decisions would also have recourse to the Commonwealth Ombudsman where appropriate.

The program was developed in response to representations made from relevant industry groups in February 2022 seeking urgent consideration of a structural adjustment package for the SETF. Industry raised significant concerns around the continuing decline of at-risk species and noted likely reductions to allowable catch limits would not support the current size of the active fleet in the SETF.

The department worked closely with AFMA and the Australian Bureau of Agricultural and Resource Economics and Sciences to develop a structural adjustment proposal for the purchase of boat SFRs. The department will continue to work closely with both agencies to obtain expert advice to help inform the delivery approach.

Following the release of the 2022-23 budget in March 2022, the department wrote to all SFRs holders in the SETF to provide information on the program. The letter advised further consultation with industry would occur to inform the design of the program, and noted the intention to complete the adjustment process by mid-2023. Throughout May and June 2022, officers from the department accompanied AFMA on Port visits in Lakes Entrance, Eden and Ulladulla to hear directly from industry about the implications of the proposed management changes for fishing operators. Industry representatives indicated strong support for the structural adjustment program during these visits.

The department will undertake further port visits and provide information to all eligible boat SFR holders prior to commencing a process to purchase the surrender of SFRs.

Funding of $20 million in 2022-23 for this item will come from Program 1.4: Fishing Industry, which is part of Outcome 1. Details are set out in Portfolio Budget Statements
2022-23, Budget Related Paper No. 1.1, Agriculture, Fisheries and Forestry Portfolio at
page 39.

Noting that it is not a comprehensive statement of relevant constitutional considerations, the objective of the item references the external affairs power (section 51(xxix)) of the Constitution.

External affairs power

Section 51(xxix) of the constitution empowers the Parliament to make laws with respect to ‘external affairs’. The external affairs power supports legislation with respect to matters or things outside the geographical limits of Australia.

The program provides funding for a structural adjustment in the Commonwealth South East Trawl Fishery. This structural adjustment involves the buy-back of existing Statutory Fishing Rights to support fishers who want to exit to transition out of the fishery. The fishery is beyond the low-water mark, and is therefore external to Australia.

New table item 568 establishes legislative authority for government spending on the Bolstering Australia’s Biosecurity System—Protecting Australia from escalating exotic animal disease risks program (the program), which will strengthen Australia’s national biosecurity response, lift domestic preparedness capability and support biosecurity outcomes in neighbouring countries to reduce the likelihood of diseases entering and impacting the agriculture sector.

The program’s objectives are to prepare for, and strengthen Australia’s ability to respond to, escalating biosecurity risk from countries to the north of Australia. This includes measures to:

prevent the entry into, and spread within, Australia of foot and mouth disease (FMD) and lumpy skin disease (LSD);
enhance capability in northern Australia to detect and respond to the arrival of other exotic pests and diseases; and
combat the spread of FMD, LSD and other emerging animal, plant and aquatic diseases in countries in the Indo-Pacific region.

Increasing engagement and biosecurity support with near neighbours and the broader region improves biosecurity outcomes for Australia, and helps to reduce the burden of significant animal diseases on livestock production and human health within the region. Supporting improved animal health outcomes pre border is a key element of Australia’s biosecurity system which operates across a continuum. This includes pre border, border and post border operations to support the multi-layered approach to reduction of risk of an exotic animal disease incursion to Australia. Risks may present themselves both through regulated and unregulated pathways. An improved animal health environment in trading partners and countries geographically located near Australia therefore reduces the risk of the possible spread of exotic diseases that may significantly impact Australia’s economy, people and environment.

Northern Australia faces unique biosecurity challenges resulting from its significant environmental and cultural diversity, sparse population (less than 5 per cent of Australia’s population), vast distances between population centres, extensive coastline (greater than 40 per cent of Australia’s coastline) and isolated production regions. Due to the proximity to neighbouring countries with existing populations of high priority exotic pests and diseases, natural pathways exist for these biosecurity threats to enter northern Australia, including wind-borne spread (associated with monsoonal troughs and cyclones), movement of migratory species (for example, wild birds and bats), and tidal currents.

Additionally, the increasing intensification of agriculture in northern Australia is resulting in commercial agriculture/horticulture merging with peri-urban communities and areas of environmental importance. Aquaculture is also expanding significantly. These factors add to the complexity of managing biosecurity risk, as well as undertaking surveillance that supports the early detection of new pests and diseases and data capture to support market access. Northern Australia is particularly vulnerable to the close proximity of FMD and LSD in neighbouring countries.

The program will include the implementation of the Northern Australia Biosecurity Strategy (the NABS). The NABS is a broad, overarching strategic vision for delivery of good biosecurity outcomes for northern Australia. It covers plant, animal and aquatic pests and diseases and broaches both agricultural and environmental biosecurity needs. The NABS represents an overarching roadmap towards better biosecurity outcomes for all stakeholder groups in the north.

Funding of $61.6 million over two years from 2022-23 will be provided to support key elements of the program, including:

$7.2 million to support biosecurity outcomes in neighbouring countries. This includes $4.6 million to continue support to Indonesia, Timor Leste and Papua New Guinea to prevent and/or respond to the spread of FMD and LSD, building on the $15 million one-year support announced to date. This will support vaccine purchase and roll-out, strengthen laboratory diagnostic capability and testing (delivered by the Australia Centre for Disease Preparedness), and provide in-country technical expertise. There is also $2.5 million to build biosecurity capabilities across the Indo-Pacific region, including establishing a small team to strengthen awareness, coordination and capacity to respond to emerging animal diseases overseas;
$25.5 million to further expand and continue frontline FMD and LSD risk management efforts on the passenger and mail pathways. This will see: a further 100 biosecurity staff dedicated over the next two years, to deliver increased profiling and screening of passengers and mail from Indonesia and other countries identified as high risk, undertake risk analysis and provide technical support, and lift Australia’s response capacity; contracting of support staff in airports and mail centres to guide passengers, support detector dog and other administrative functions, and maintain cleaning stations and decontamination areas; and, purchase of sanitation foot mats and materials to support treatment of contaminated goods;
$10.8 million to ensure robust and fit for purpose border controls for FMD and LSD. This will see a dedicated testing program in relation to potential risk items being sold on Australian shelves together with targeted audit and enforcement activity in relation to overseas and domestic entities importing and selling meat products. This effort will ensure Australia’s controls and compliance outcomes are strong going forward, giving stakeholders more confidence in the system;
$6.8 million to strengthen domestic vaccine accessibility, build Australia’s ability to model possible disease spread for LSD (building on the existing system in place for FMD) and the Emergency Animal Disease Taskforce, which is responsible to transition to a strategic and ongoing function to deliver on such priorities and take responsibility for strategic direction setting and coordination efforts across all stakeholders. Similar to the border controls, this effort will ensure Australia’s controls and compliance outcomes are strong going forward, giving stakeholders more confidence in the system; and
$11.1 million to enhance Australia’s domestic detection and response capability in northern Australia for FMD, LSD and other exotic pests and diseases, as an increasingly high risk entry pathway for Australia, in partnership with relevant states and the Northern Territory (NT), industry and Indigenous Ranger groups and/or communities. This includes $2.8 million for a federal financial arrangement with the northern states and the NT to co-fund effort to increase pest and disease surveillance, detection and diagnostic capability, and improve information networks and sharing arrangements, across the broader northern biosecurity community.

Targeted support in northern Australia would enhance detection and response capability in an increasingly high risk entry pathway, and leverage industry and state and territory government effort for a coordinated response.

Key initiatives funded to support biosecurity outcomes in neighbouring countries will include the following:

Establishment of a Regional Veterinary Network: the regional network will build linkages amongst technical staff and improve veterinary capacity in Australia’s immediate region including in Southeast Asia and Papua New Guinea. Establishment of a regional network will build capacity, provide a platform for knowledge-exchange and increase regional collaboration on an increasing number or transboundary animal diseases encroaching into our region including FMD, African swine fever (ASF) and LSD.

Bolstering detection and response capabilities in Pacific Island Countries (PICTs): PICTs are currently free of significant animal diseases including FMD, LSD and ASF but are at very high risk of disease incursions due to their proximity to, and trade with countries of less favourable animal health status. This initiative will increase local capacity building and
early-detection surveillance activities in PICTs focusing on risk assessments of transmission pathways, preparedness exercises, diagnostic testing and provision of veterinary consumables.

Regional biosecurity training: the initiative will deliver technical training for officials and veterinarians in neighbouring countries to enhance biosecurity knowledge and ability to identify and detect exotic diseases to enhance regional preparedness and response capability.

Vaccine purchase: vaccines form a cornerstone of an effective response to an exotic animal disease incursion. The presence of FMD and LSD in Australia immediate region means support for disease control in the near neighbours must be ready. This aids in reducing the risk of spread to Australia and in supporting improved animal health and welfare outcomes in immediate region.

Regional laboratory strengthening: the initiative will look to strengthen laboratory diagnostic capability in neighbouring countries through improved laboratory skills and external quality assurance. The initiative will utilise the skills of diagnostic experts delivering regular training in-country and provision of laboratory reagents and equipment based on each country’s needs. A well-functioning laboratory diagnostic capability supports national surveillance and control efforts and will be a key element in addressing exotic animal disease incursions.

Regional Technical Assistance: exotic animal disease incursions place significant demand on national government technical expertise to address outbreak and containment efforts. The initiative will provide Australian expertise to support efforts in neighbouring countries to address both existing outbreaks of diseases of concern including FMD and LSD as well as preparedness efforts for countries that are currently free of these diseases.

Northern Australia has biosecurity risk pathways that are spread across vast and isolated geographic regions over three jurisdictions that are difficult to access and costly to monitor. This poses a critical risk to Australia’s approximately $70 billion agricultural industries. The implementation of the NABS benefits Indigenous Australians by providing economic opportunities as Indigenous Biosecurity Liaison Officers, and benefits farmers through the ongoing strengthening of biosecurity response capability across northern Australia to ensure threats are identified and managed early to help limit the establishment of exotic pests and diseases including but not limited to LSD and FMD.

A vulnerabilities report of northern Australia’s animal industries to support disease preparedness will be produced as part of the program. This will cover production and business operations, value chains, biosecurity issues, business continuity arrangements and vulnerabilities to exotic animal diseases, including issues of concern for Indigenous communities.

The three northern jurisdictions: Queensland (QLD), Western Australia (WA) and NT have committed to a significant in-kind investment across all components of the NABS listed below. The NABS engenders a collaborative approach to enhanced biosecurity outcomes for northern Australia, which is underpinned by the northern Memorandum of Understanding. There has been extensive consultation on the development of the NABS and full implementation of the NABS will help to maintain relationships and avoid reputational damage.

Key components of the NABS are:

Biosecurity Liaison Officers (BLOs) and Indigenous Biosecurity Liaison Officers (IBLOs): a network of BLO and IBLO positions will be embedded in the three northern jurisdictions. This will allow immediate engagement and response training in relation to emerging biosecurity risks that may present through northern risk pathways. The immediate focus will be on FMD and LSD preparedness and response.

Infrastructure: there is an immediate need to invest in infrastructure that can be used during a FMD/LSD outbreak. This includes strategically located wash-down pads/facilities, mobile laboratories and mobile training/engagement infrastructure. The three northern jurisdictions will oversight and deliver these investments.

Biosecurity Assurance System: the states and the NT will immediately build upon work that will deliver a biosecurity assurance framework/scheme that will enable industry partners to trade under a response situation (for example, if there is an outbreak of FMD/LSD or other exotic pest/disease).

Disease Intelligence Modelling: funding will be provided to urgently fast track and expand disease modelling work that will be relevant/applicable across northern Australia. Currently the tool only applies to WA but this will be expanded to include NT and QLD. This work will allow for better planning in relation to an incursion of exotic animal diseases in northern Australia.

Northern Risk Pathways: northern risk pathways are dynamic and need to be urgently updated to incorporate the impacts on the northern biosecurity risk profile of climate change, geopolitical drivers’ off-shore, economic investment on-shore and changes in trade pathways into Australia’s near neighbours. This work will allow an improved ability to target surveillance and other activities in preparation for an incursion of things like FMD/LSD. The pathway review work will be delivered by states and the NT in collaboration with the Commonwealth Scientific Industrial Research Organisation, Bureau of Meteorology and other relevant research organisations.

NABSNet: maintained through a sustainable funding model, NABSNet involves networking, communication, training and engagement functions that deliver targeted animal disease outcomes from private veterinarians and producers across northern Australia, in particular LSD and FMD. The outcome from this initiative has been that samples from animals showing syndromic signs of target disease infection are tested. The resultant data provides exceptional early detection and area freedom information that can be used to either respond quickly or provide assurance around area freedom. This initiative has been incredibly successful but the current funding model is not sustainable and does not allow for an expansion across the north.

Annual NABS Forums: conduct an annual northern fora in which biosecurity stakeholders come together to plan and map out biosecurity threats, risks, innovations, and approaches. Funding would cover ability to leverage off Indigenous Ranger Biosecurity Forum or other similar fora.

Targeted Training: targeted training including biosecurity leadership training is urgently required in order to uplift northern capacity/capability for early detection and response. The training will be supported by the various Biosecurity Liaison Officers and infrastructure elements noted above, in addition to the Significant Disease Investigation Network for northern veterinarians (targeting animal diseases including FMD, LSD, ASF) that is currently in place (but will be bolstered under this initiative). The training will be undertaken by the three northern jurisdictions.

Development of Resources for Non-English (second language) Speaking Growers: urgently produce materials and resources to better communicate with non-English speaking producers and communities as well as Indigenous communities where English is a second/third language. This would involve stakeholder engagement and the production of culturally appropriate biosecurity materials for the target stakeholders (indigenous communities and livestock producers, vegetable and tropical fruit and mango growers of South-East Asian nationalities in northern Australia).

Engagement Workshops: the north does not currently have sufficient capacity or capability to respond to incursions, which will increase before 2025. Consequently, Australia needs to immediately build incursion response capability through information sharing and training. For effective incursion management and eradication, all participants (industry, communities, indigenous rangers, government) need further training and awareness, and there needs to be more subject matter expertise and capability for pest management, response, and diagnostics.

New Technologies: urgent deployment of northern-appropriate surveillance and diagnostic technologies will be undertaken. The northern states and the NT are best placed to deliver this as they have been trialling relevant technologies and leveraging across this work which can be achieved with immediate effect. This investment is also linked to, and will support the Biosecurity Liaison Officers, training, and infrastructure components listed above. Possible examples of deliverables in the north include pen-side diagnostic testing for exotic animal diseases (such as LSD and FMD), drones (feral animal surveillance), MinION, eDNA, vector trapping, volatiles, traceability technologies such as AgKonnect, electronic nose technology, LAMP, novel fruit fly repellent projects, integrated pest management, and biocontrol of existing pests.

The department will deliver the program through a mix of funding arrangements such as grants, procurements and specific purpose payments in accordance with the Commonwealth resource management framework, including the PGPA Act, the Federal Financial Relations Act 2009 (FFR Act), the Commonwealth Grants Rules and Guidelines 2017 (CGRGs) and the CPRs.

The Minister or their delegate will be responsible for final decisions on Commonwealth expenditure. The delegate would be an SES employee, or acting SES employee, of the department who would have the relevant expertise in, and understanding of, biosecurity risks relating to FMD, LSD and other animal diseases, and be able to perform relevant functions in accordance with the Commonwealth resource framework.

Assistance for the biosecurity outcomes in neighbouring countries will support overseas development outcomes. Decisions relating to the dispersal of administered funding will be based on recommendations from departmental officers to the Minister. Approvals will also be sought from the Minister for departmental officers to manage engagement with suppliers and delivery of outcomes for each initiative. Departmental funding will be dispersed based on recommendations made by departmental officers to the Australian Chief Veterinary Officer, as delegate of the Minister.

Expenditure relating to activities undertaking by the NABS will include a combination of grants, procurements and Special Purpose Payments. The Minister or their delegate, will be responsible for final decisions on Commonwealth expenditure, in consultation with the NABS Technical Working Groups and the Northern Australia Biosecurity Framework (NABF) Reference Group. The delegate would be an SES employee, or acting SES employee, of the department, who would have the relevant expertise in, and understanding of, biosecurity risks in Northern Australia, and be able to perform relevant functions in accordance with the Commonwealth resource framework.

Grants will be administered in line with the CGRCs through the Community Grants Hub, which is part of the Department of Social Services. Guidelines containing eligibility and assessment criteria will be developed and grants information, including the guidelines will be available on GrantConnect at https://www.grants.gov.au/.

Grants will immediately build capability to prepare for and respond to biosecurity risks in northern Australia that are currently critically high due to the presence of exotic animal diseases now being established in Australia near northern neighbours (for example, LSD and FMD) through: strengthened collaborative partnerships between all system participants; enhanced coordination of biosecurity actions; and enabling proactive and forward-looking approaches to surveillance, diagnostics, prevention, preparedness and management activities. Grants will be available to state, territory and local governments, non-government entities, research organisations, peak bodies, Indigenous organisations, private sector/industry based in Australia. It is anticipated that the program will include a combination of targeted restricted competitive grants and open competitive grants.

Where procurement processes are involved, the department will develop information in accordance with the CPRs, and relevant information will be published on AusTender at www.tenders.gov.au as required.

Strategic procurements will build capability to prepare for and respond to biosecurity risks in northern Australia through: strengthened collaborative partnerships between all system participants; enhanced coordination of biosecurity actions; and enabling proactive and forward-looking approaches to surveillance, diagnostics, prevention, preparedness and management activities. Procurement of goods and services is expected to be through a combination of limited or open tender processes.

Payments to state and territory governments will be made in accordance with the FFR Act. Specific Purpose Payments to state and territory governments will enable targeted actions to proactively de-risk investment and business operations, and provide better information for decision-makers. Examples of required de-risking investments includes supporting surveillance, preparedness, and diagnostics for LSD and FMD.

Funding decisions made in connection with grants or procurements will not be subject to merits review. Merits review would not be considered appropriate, as they are decisions relating to the allocation of a finite resource, from which all potential claims for a share of the resource cannot be met. In addition, any funding that has already been allocated would be affected if the original decision was overturned. The ARC has recognised that it is justifiable to exclude merits review in relation to decisions of this nature (see paragraphs 4.11 to 4.19 of the ARC’s guide).

In addition, the review and audit process undertaken by the ANAO provides a mechanism to review Australian Government spending decisions and report any concerns to the Parliament. These requirements and mechanisms help to ensure the proper use of Commonwealth resources and appropriate transparency around decisions relating to making, varying or administering arrangements to spend relevant money.

The re-making of a procurement decision after entry into a contractual arrangement with a successful provider is legally complex and could result in delays to providing services under the project. The Government Procurement (Judicial Review) Act 2018 enables suppliers to challenge some procurement processes for alleged breaches of certain procurement rules. This legislation might provide an additional avenue of redress (compensation or injunction) for dissatisfied providers or potential providers, depending on the circumstances.

The department has undertaken extensive consultation with key stakeholders for the two funding components of the program:

Under the support to neighbouring countries component, the Department of Foreign Affairs and Trade have been consulted in relation to the funding and neighbouring country initiatives. Engagement has also occurred with government officials in neighbouring countries including with Indonesia, Timor Leste and Papua New Guinea on the range of proposed support. The Australian Chief Veterinary Officer and Deputy Australian Chief Veterinary Officer visited Timor Leste and Indonesia on several occasions from March to October 2022 to discuss assistance. Senior officials have also engaged with officials in Papua New Guinea and Pacific Island Countries during this period on capacity building support. This assistance is supported and welcomed by respective officials.

Under the NABS component, the department consulted with the following groups:

NABF Reference Group;
NABS Animal Technical Working Group;
NABS Plant Technical Working Group; and
NABS Aquatic Technical Working Group.

All groups are comprised of Federal, state (QLD and WA) and the NT government representatives and also include representatives from Peak Industry organisations including Plant Health Australia and Animal Health Australia. Priority project proposals have been developed via the various Technical Working Groups in line with strategic direction from the NABF Reference Group. Stakeholders are generally highly supportive of the Northern Australia Biosecurity Strategy and participants have invested substantial time and effort in the development of the NABS Implementation Plan. Consultation to date has resulted in the development of a list of priority projects for implementation under the NABS once funding is available. Additional stakeholders will be invited to participate in Engagement Workshops and at Annual NABS Forums.

Funding of $61.6 million for the program is included in the 2022-23 October Budget under the measure ‘Bolstering Australia’s Biosecurity System – protecting Australia from escalating exotic animal disease risks’ over a period of two years commencing in 2022-23. Details are set out in Budget October 2022-23, Budget Measures, Budget Paper No. 2 at
page 44.

Funding for this item will come from Program 2.1: Biosecurity and Export Services which is part of Outcome 2. Details are set out in Portfolio Budget Statements 2022-23, Budget Related Paper No. 1.1, Agriculture, Fisheries and Forestry Portfolio at pages 24, 27 and 55.

Noting that it is not a comprehensive statement of relevant constitutional considerations, the objective of the item references the following powers of the Constitution:

the quarantine power (section 51(ix));
the external affairs power (section 51(xxix);
the power to grant financial assistance to the States (section 96); and
the territories power (section 122).

Quarantine power

Section 51(ix) of the Constitution empowers the Parliament to make laws with respect to ‘quarantine’.

The program includes expenditure on activities, such as those that contribute or relate to protecting Australia from the introduction or spread of pests that cause disease or that infest humans, animals or plants.

External affairs power

Section 51(xxix) of the Constitution empowers the Parliament to make laws with respect to ‘external affairs’. The external affairs power supports legislation implementing Australia’s international obligations under treaties to which it is a party.

Australia has relevant obligations under Articles 7(c) and 8(h) of the Convention on Biological Diversity (the Biodiversity Convention).

Article 7(c) of the Biodiversity Convention requires Contracting Parties to ‘identify processes and categories of activities which have or are likely to have significant adverse impacts on the conservation and sustainable use of biological diversity, and monitor their effects through sampling and other techniques’.

Article 8(h) of the Biodiversity Convention requires Contracting Parties to ‘prevent the introduction of, control or eradicate those alien species which threaten ecosystems, habitats or species’.

The program includes expenditure on activities which align with Australia’s obligations under Articles 7(c) and 8(h) of the Biodiversity Convention, such as those that contribute or relate to protecting Australia from the introduction or spread of alien species which threaten native ecosystems, habitats or species.

The external affairs power also supports legislation that relates to places, persons, matters or things external to Australia, or matters affecting Australia’s relations with foreign countries.

The program includes expenditure on activities to support the biosecurity outcomes of other countries in the Indo-Pacific region.

Power to grant financial assistance to States

Section 96 of the Constitution empowers the Parliament to ‘grant financial assistance to any State on such terms and conditions as the Parliament thinks fit’.

The program will enable the Commonwealth to provide financial assistance to the States in northern Australia on terms and conditions that pest and disease surveillance be increased, detection and diagnostic capability be increased, and information networks and sharing arrangements be improved.

Territories power

Section 122 of the Constitution empowers the Parliament to ‘make laws for the government of any territory’.

The program will enable the Commonwealth to provide funding to the Territories in northern Australia as grants of financial assistance on the same terms and conditions as grants of assistance to the States under section 96 of the Constitution.

New table item 569 establishes legislative authority for government spending on the National Forest Products Innovation (NFPI) program to enhance Australia’s productivity and competitiveness through forestry research, development and innovation and to improve Australia’s sovereign capability in timber production.

The program will deliver significant elements of the Government’s election commitment plan for forestry, A Future Grown in Australia: a better plan for forestry and forest products, which committed $220 million to expand the work of the National Institute for Forest Products and Innovation, continue the rollout of Regional Forestry Hubs to work with industry and state and local governments, and grants targeted at better utilisation of logs and fibre, value adding and the industry continuing to reduce its carbon footprint

Funding of $108.6 million over five years from 2022-23 will be provided to deliver an Australia-wide National Institute for Forest Products Innovation (NIFPI) through a new grant with the University of Tasmania and variations to the 11 Regional Forestry Hub grant agreements.

$100 million will deliver the Australia-wide NIFPI where national research and development (R&D) is coordinated through a central entity, hosted at the University of Tasmania in Launceston, and distributed via three regional Research Centres (including one in Launceston).

The University of Tasmania has been identified as the appropriate host because they have significant existing forest science research capability and their regional location. Their existing capability means that they can effectively establish a Research Centre quickly to enable research to be underway quickly, whereas other Research Centres will likely require the development of consortiums which will take time to establish.

The Australia-wide NIFPI will drive vital national R&D uplift, coordinating and delivering immediate, mid-term and long-term Australian-made solutions to national challenges. The expenditure will support the administration and coordination of the centres and research, development and innovation projects. The NIFPI will fund research, development and innovation projects that enhance Australia’s competitiveness and improve Australia’s timber production capability.

$8.6 million will deliver an extension to the Regional Forestry Hubs funding arrangements from 30 June 2025 to 30 June 2027 to continue their existing role and enable the provision of extension services.

The Regional Forestry Hubs work with industry, state and local governments and other key stakeholders to undertake strategic planning, technical assessments and analyses to support growth in the forest industries and timber production in their region and through these activities provide advice to the Australian Government. There are 11 Regional Forestry Hubs in:

South East NSW;
North East NSW;
Central West NSW;
Murray Region (NSW and Victoria);
Gippsland (Victoria);
Tasmania;
The Green Triangle (South Australia and Victoria);
South and Central Queensland;
North Queensland;
South West Western Australia; and
Northern Territory and the Ord Valley (NT and WA).

The role of the Regional Forestry Hubs will be expanded to include the provision of extension services. This will enable the hubs to inform local industries and landholders of the outcomes of the research and innovation work, in particular from the NIFPI to enhance adoption and uptake of the outcomes on the ground. These extension services will include hubs preparing fact sheets and other similar information to communicate the outcomes of research and analysis to explain how farmers or other industry stakeholders can adopt or apply methods, techniques or other outcomes identified by that research. The extension services will not involve the provision of specific advice to individual firms (which would be the role of an agronomist or other specialist adviser).

The department will deliver the program through a mix of one-off, closed and
non-competitive grants. Program administration will be undertaken by the department with support for grant administration from the Community Grants Hub.

The program will be governed in accordance with the CGRGs and the PGPA Act. Grant opportunity guidelines will be developed and information about the program will be available on the department’s website (www.agriculture.gov.au) and GrantConnect (www.grants.gov.au).

The Minister or their delegate, will be responsible for the final decision about Commonwealth expenditure. The delegate would be an SES employee, or acting SES employee, of the department who would have the relevant expertise in, and understanding of, the forestry industry, and be able to perform relevant functions in accordance with the Commonwealth resource framework.

Merits review of decisions made in connection with the grants would not be considered appropriate because these decisions relate to an allocation of finite resource and the provision of a one-off grant to a certain service provider, over other service providers. The ARC has recognised that it is justifiable to exclude merits review in relation to decisions of this nature (see paragraphs 4.16 to 4.19 of the ARC’s guide).

In developing the Australia-wide NIFPI the Australian Government undertook a feasibility study, which included consultation with stakeholders across industry, academia, research funding organisations both domestically (such as Forest and Wood Products Australia and regional NIFPI centres) and internationally (in Canada and New Zealand), state and territory governments and Commonwealth agencies. The stakeholder engagement undertaken as part of the study informed the design of the Australia-wide NIFPI and will continue to inform its establishment and implementation.

The feasibility study found that stakeholders were clear and in agreement that an
Australia-wide NIFPI must be both nationally focused and applicable, while being sufficiently agile and decentralised to deliver research outcomes that are localised and regionally relevant. Stakeholders recommended a dispersed model with a national footprint and strong ties to multiple pools of expertise as observed in universities.

The program delivers a distributed Australia-wide NIFPI which will deliver both regional, applied R&D as well as addressing national and emerging challenges. Through the department’s frequent and regular engagement with the Regional Forestry Hubs, the hubs expressed their desire to expand their role to encompass extension services.

Funding of $108.6 million for the program is included in the 2022-23 October Budget under the measure ‘A Better Plan for Forestry and Forest Products’ for a period of five years commencing in 2022-23. Details are set out in Budget October 2022-23, Budget Measures, Budget Paper No. 2 at page 43.

Funding for the item will come from Program 1.3: Forestry Industry, which is part of Outcome 1. Details are set out in Portfolio Budget Statements 2022-23, Budget Related Paper No. 1.1, Agriculture, Fisheries and Forestry Portfolio at pages 23 and 38.

Noting that it is not a comprehensive statement of relevant constitutional considerations, the objective of item references the following powers of the Constitution:

the express incidental power and the executive power (sections 51(xxxix) and 61), including the nationhood aspect; and
the communications power (sections 51(v)).

Incidental and executive power, including the nationhood aspect

The express incidental power in section 51(xxxix) of the Constitution empowers the Parliament to make laws with respect to matters incidental to the execution of any power vested in the Parliament, the executive or the courts by the Constitution. Section 61 of the Constitution supports activities that are peculiarly adapted to the government of a nation and cannot be carried out for the benefit of the nation otherwise than by the Commonwealth.

The program provides expenditure for an Australia-wide NIFPI and the provision of extension services by existing Regional Forestry Hubs. This would allow for research and development of an inherently national character, and in relation to the national forestry industry.

Communications power

Section 51(v) of the Constitution empowers the Parliament to make laws with respect to ‘postal, telegraphic, telephonic and other like services’.

The program provides expenditure towards the provision of extension services by existing Regional Forestry Hubs. The extension services will involve utilising internet and telecommunications services to develop and publish fact sheets online, host webinars and engage with stakeholders by email or phone.

New table item 570 establishes legislative authority for government spending on the Support Regional Trade Events program (the program) to support industry events and forums that foster and encourage interstate and overseas trade and commerce by promoting agricultural sectors in Australia, including businesses that are in or support these sectors.

The program aims to sponsor events that showcase Australian agricultural expertise to new domestic and international stakeholders including in innovation, sustainability, education and training, and products and services, benefiting agribusinesses across the entire supply chain.

The program delivers on the government’s election commitment, by supporting events outlined in the Government’s A Better Future for our Regions. This includes Beef Australia 2024, Casino Beef Week, LambEx, and Hort Connections 2023 and 2024. It will also include other horticulture and agritech industry events such as the AgriTech Industry Awards and EvokeAG.

The program helps deliver multiple events across three years to positively impact Australian farmers, processors, exporters, agribusinesses, agritech companies and others involved in the production and export of Australia’s agricultural produce.

Events are often held in regional locations that are central to commodity production, delivering economic benefits to the broader rural and regional communities, for example Rockhampton and Casino are two of the biggest beef producing areas in Australia. Estimates from the organisers of the six day Beef Australia 2021 indicate the event attracted 115,866 visitors, and had a direct and incremental impact of $94 million on the Greater Rockhampton Region, including an additional $76.1 million value added economic impact for Queensland.

This type of exposure and success helps support the agriculture industry to maintain and expand trade in a range of high value markets and adopt innovative production methods to mitigate risk of cost-price pressures and a changing climate. It also paves the way to run future agricultural events.

Beef Australia 2024 will run from 5 to 11 May 2024, promoting advances in a sustainable beef industry, with organisers aiming to surpass 2021 attendance and economic impact for the region. Casino Beef Week 2023 will run over 11 days from 20 to 30 May 2023, providing education, networking, industry development and promoting paddock to plate opportunities.

Hort Connections is Australia’s largest annual horticulture conference. The event is scheduled from 5 to 7 June in 2023 and promises more than 40 industry expert speakers, access to 200 exhibiting companies, and an anticipated 3,000 delegates from across the entire supply chain expected to attend.

Other hort and agritech events will also help deliver education and innovation outcomes, with projects showcased at agricultural events and forums giving producers opportunities to participate in upcoming trials, learn about new on-farm practices and foster innovative ideas generated by the producer.

Without trade shows, these opportunities would be otherwise hard to access by producers. By sponsoring trade events, the government is helping to provide opportunities for education and growth, allowing producers to be competitive, prosperous and sustainable into the future. Government sponsorship also assists with showcasing Australia’s agriculture industry to both domestic and international markets benefiting the Australian economy.

The program will help deliver these opportunities to strengthen Australia’s agritech and innovation ecosystem, attract local and global investors and grow our food and fibre systems through innovation and technology adoption.

Funding will be provided to organisers to cover costs associated with running each event. This may include, but is not limited to, venue hire, equipment purchase and hire, staffing, and marketing and communications. Funding is intended to be a partial contribution to the events alongside gate receipts, site fees, private sector sponsorships and other funding to be sourced by event organisers.

The department will deliver the program through grant processes in accordance with the Commonwealth resource management framework, including the PGPA Act and the CGRGs.

Funding to support regional trade events, such as Beef Australia 2024, Casino Beef Week, LambEx and Hort Connections 2023 and 2024, will be provided through a closed
non-competitive process. The program also includes funding for other horticulture and agritech events. The actual events for these were not specified in the election commitment. A variety of competitive selection processes are being considered that will increase the opportunity for industry to participate and ensure the process is effective, wide-ranging and transparent.

Grant opportunity guidelines will be developed, including eligibility and assessment criteria and will be published on GrantConnect if necessary. The Community Grants Hubs will be used to facilitate the process as appropriate. Grant information will also be made available on GrantConnect (www.grants.gov.au).

The Minister or their delegate, will be responsible for the final decision about Commonwealth expenditure, taking into account the recommendations of an assessment by departmental officers against the program guidelines. The delegate would be an SES employee, or acting SES employee, of the department who would have the relevant expertise in, and understanding of, the agriculture industry, and be able to perform relevant functions in accordance with the Commonwealth resource framework.

Funding decisions made in connection with grants will not be subject to merits review. Merits review would not be considered appropriate, as they are decisions relating to the allocation of a finite resource, from which all potential claims for a share of the resource cannot be met. In addition, any funding that has already been allocated would be affected if the original decision was overturned. The ARC has recognised that it is justifiable to exclude merits review in relation to decisions of this nature (see paragraphs 4.11 to 4.19 of the ARC’s guide).

The review and audit process undertaken by the ANAO also provides a mechanism to review Australian Government spending decisions and report any concerns to the Parliament. These requirements and mechanisms help to ensure the proper use of Commonwealth resources and appropriate transparency around decisions relating to making, varying or administering arrangements to spend relevant money.

The department has consulted with AUSVEG, the conveners of Hort Connections, to determine how the Commonwealth's sponsorship can best align with the program outcomes to support and promote agricultural production sectors in Australia. The department has also consulted with Hort Innovation, the Research and Development Corporation for the horticulture sector. Hort Innovation currently provides sponsorship for local industry events. Consultation has focused on how the Commonwealth's sponsorship can complement, but not duplicate, existing support for industry events.

Engagement also took place between the department and the red meat industry, via Meat and Livestock Australia, and with event organisers. The success of previous events such as Beef 21 were taken into account, including benefits to the red meat industry, and also the local communities that host events. Learnings were taken from events that were successfully delivered under the framework of a COVID-19 safe plan to reduce risk and ensure viability of future events.

Funding of $12.3 million for the program is included in the 2022-23 October Budget under the measure ‘Support for Regional Trade Events’ for a period of three years commencing in 2022-23. Details are set out in Budget October 2022-23, Budget Measures, Budget Paper
No. 2 at page 46.

Funding for the item will come from Program 1.10: Agricultural Resources, which is part of Outcome 1. Details are set out in Portfolio Budget Statements 2022-23, Budget Related Paper No. 1.1, Agriculture, Fisheries and Forestry Portfolio at pages 27 and 43.

Noting that it is not a comprehensive statement of relevant constitutional considerations, the objective of the item references the trade and commerce power (section 51(i)) of the Constitution.

Trade and commerce power

Section 51(i) empowers the Parliament to make laws with respect to ‘trade and commerce with other countries, and among the states’. The program provides funding to support events which have the primary focus of fostering interstate trade and overseas agricultural trade. Grant agreements under the program would reflect that the focus is on overseas and interstate trade.

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Financial Framework (Supplementary Powers) Amendment (Agriculture, Fisheries and Forestry Measures No. 1) Regulations 2022

This disallowable legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the legislative instrument

Section 32B of the Financial Framework (Supplementary Powers) Act 1997 (the FF(SP) Act) authorises the Commonwealth to make, vary and administer arrangements and grants specified in the Financial Framework (Supplementary Powers) Regulations 1997 (the FF(SP) Regulations) and to make, vary and administer arrangements and grants for the purposes of programs specified in the Regulations. Schedule 1AA and Schedule 1AB to the FF(SP) Regulations specify the arrangements, grants and programs. The powers in the FF(SP) Act to make, vary or administer arrangements or grants may be exercised on behalf of the Commonwealth by Ministers and the accountable authorities of non-corporate Commonwealth entities, as defined under section 12 of the Public Governance, Performance and Accountability Act 2013.

The Financial Framework (Supplementary Powers) Amendment (Agriculture, Fisheries and Forestry Measures No. 1) Regulations 2022 amend Schedule 1AB to the FF(SP) Regulations to establish legislative authority for government spending on certain activities administered by the Department of Agriculture, Fisheries and Forestry.

This disallowable legislative instrument adds the following table items to Part 4 of Schedule 1AB:

table item 567 ‘Improve the Long-term Sustainability of the South East Trawl Fishery and Support Fishers’;
table item 568 ‘Bolstering Australia’s Biosecurity System—Protecting Australia from escalating exotic animal disease risks’;

table item 569 ‘National Forest Products Innovation’; and
table item 570 ‘Support Regional Trade Events’.

Table item 567 - Improve the Long-term Sustainability of the South East Trawl Fishery and Support Fishers

Table item 567 establishes legislative authority for government spending on the Improve the Long-term Sustainability of the South East Trawl Fishery and Support Fishers program (the program).

The program aims to assist local industry to manage the impact of management changes in the Commonwealth South East Trawl Fishery (SETF) in response to the decline in numbers of important commercial fish species, including by providing funding to eligible fishers in the SETF who surrender their Statutory Fishing Rights (SFRs). This includes assisting local industry to manage the impact of any closure of parts of the SETF that might result from such management changes.

The Government will provide up to $20 million in 2022-23 for the surrender of boat SFRs from operators who wish to transition out of the fishery as a result of these management changes. Removing boat SFRs will also reduce active and potential effort from the fishery which may help to minimise ecological impacts in fishing grounds adjacent to closure areas, and improve economic viability for those operators who remain in the fishery.

Human rights implications

Table item 567 does not engage any of the applicable rights or freedoms.

Conclusion

Table item 567 is compatible with human rights, as it does not raise any human rights issues.

Table item 568 - Bolstering Australia’s Biosecurity System—Protecting Australia from escalating exotic animal disease risks

Table item 568 establishes legislative authority for government spending on the Bolstering Australia’s Biosecurity System—Protecting Australia from escalating exotic animal disease risks program (the program), which will strengthen Australia’s national biosecurity response, lift domestic preparedness capability and support biosecurity outcomes in neighbouring countries to reduce the likelihood of diseases entering and impacting the agriculture sector.

The program’s objectives are to prepare for, and strengthen Australia’s ability to respond to, escalating biosecurity risk from countries to the north of Australia. This includes:

measures to prevent the entry into, and spread within, Australia of foot and mouth disease (FMD) and lumpy skin disease (LSD);
measures to enhance capability in northern Australia to detect and respond to the arrival of other exotic pests and diseases; and
measures to combat the spread of FMD, LSD and other emerging animal, plant and aquatic diseases in countries in the Indo-Pacific region.

Funding of $61.6 million over two years from 2022-23 will be provided to state, territory and local governments, non-government entities, research organisations, peak bodies, Indigenous organisations, industry and biosecurity system participants based in Australia to:

support biosecurity outcomes in neighbouring countries;
further expand and continue frontline FMD and LSD risk management efforts on the passenger and mail pathways;
strengthen Australia’s domestic biosecurity preparedness capability; and
enhance Australia’s domestic detection and response capability in northern Australia for FMD, LSD and other exotic pests and diseases.

Human rights implications

Table item 568 engages the following right:

the right to health – Article 12 of the International Covenant on Economic, Social and Cultural Rights (ICESCR), read with Article 2.

Right to health

Article 2 of the ICESCR recognises that ‘each State Party to the present Covenant undertakes to take steps, individually and through international assistance and co-operation, especially economic and technical, to the maximum of its available resources, with a view to achieving progressively the full realization of the rights recognized in the present Covenant by all appropriate means, including particularly the adoption of legislative measures’.

Article 12 states that ‘States Parties to the present Covenant recognize the right of everyone to the enjoyment of the highest attainable standard of physical and mental health’. Under Article 12(2)(c), steps to be taken to achieve the full realisation of the right to health include those steps necessary for the prevention, treatment and control of epidemic, endemic, occupational and other diseases.

Table item 568 engages the right to health by providing funding to support measures that enhance the capability in northern Australia to detect and respond to the arrival of exotic pests and diseases. It also provides funding to support measures to combat emerging animal diseases in countries in the Indo-Pacific region. The right to health is promoted to the extent that funding can include measures in relation to detecting and responding to the arrival of exotic pests and diseases, and combatting emerging animal diseases, which cause diseases in humans.

Conclusion

Table item 568 is compatible with human rights as it promotes the protection of human rights.

Table item 569 - National Forest Products Innovation

New table item 569 establishes legislative authority for government spending on the National Forest Products Innovation program to enhance Australia’s productivity and competitiveness through forestry research, development and innovation and to improve Australia’s sovereign capability in timber production.

The program will deliver significant elements of the Government’s election commitment plan for forestry, A Future Grown in Australia: a better plan for forestry and forest products, which committed $220 million to expand the work of the National Institute for Forest Products Innovation (NIFPI), continue the rollout of Regional Forestry Hubs to work with industry and state and local governments, and grants targeted at better utilisation of logs and fibre, value adding and the industry continuing to reduce its carbon footprint.

Grant funding of $108.6 million over five years from 2022-23 will be provided to support two initiatives:

delivering the Australian-wide NIFPI; and
continuing the work of the Regional Forestry Hubs (the Hubs).

The Australia-wide NIFPI will be a distributed model where national research and development is coordinated through a central entity, hosted at the University of Tasmania in Launceston, and distributed via three regional Research Centres with specific research capability and expertise, including regional context.

The existing role of the Hubs is being expanded to provide extension services for the research outcomes of the NIFPI to enhance adoption and uptake of the outcomes on the ground. These extension services will include the Hubs preparing fact sheets and other similar information to communicate the outcomes of NIFPI research and explain how farmers or other industry stakeholders can adopt or apply methods, techniques or other things identified by that research.

Human rights implications

Table item 569 does not engage any of the applicable rights or freedoms.

Conclusion

Table item 569 is compatible with human rights as it does not raise any human rights issues.

Table item 570 – Support Regional Trade Events

Table item 570 establishes legislative authority for government spending on the Support Regional Trade Events program (the program) to support industry events and forums that foster and encourage interstate and overseas trade and commerce by promoting agricultural sectors in Australia, including businesses that are in or support these sectors.

Funding of $12.3 million over three years from 2022-23 will be provided to organisers to cover costs associated with running each event. This may include, but is not limited to, venue hire, equipment purchase and hire, staffing, and marketing and communications. Funding is intended to be a partial contribution to the events alongside gate receipts, site fees, private sector sponsorships and other funding to be sourced by event organisers.

Human rights implications

Table item 570 does not engage any of the applicable rights or freedoms.

Conclusion

Table item 570 is compatible with human rights as it does not raise any human rights issues.

Senator the Hon Katy Gallagher

Minister for Finance

Administered by Department of Finance

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