EXPLANATORY STATEMENT
Issued by the Authority of the Minister for Fisheries, Forestry and Conservation
Forestry Marketing and Research and Development Services (Transitional and Consequential Provisions) Act 2007
Proclamation
Item 3 of the table in subsection 2(1) of the Forestry Marketing and Research and Development Services (Transitional and Consequential Provisions) Act 2007 (the Act) provides for the date of commencement of Schedule 2 to the Act to be fixed by Proclamation. However, if any of the provision(s) in Schedule 2 do not commence within the period of six months beginning on the day on which the Act receives the Royal Assent, they commence on the first day after the end of that period. The Act received the Royal Assent on 28 June 2007.
The purpose of the Proclamation is to fix 3 September 2007 as the day on which Schedule 2 to the Act commences. Schedule 2 is the consequential provisions of the Act. Schedule 2 provides for repeals of Subsection 25(4), Paragraph 33(1)(db) and Section 33A of the Primary Industries and Energy Research and Development Act 1989, repeals of Clause 1 of Schedule 7 and Clause 1 of Schedule 8 of the Primary Industries (Customs) Charges Act 1999, repeals Clause 1 of Schedule 10 of the Primary Industry (Excise) Levies Act 1999 and repeals Subsection 4(1)(paragraph (da) of the definition of producer), Subsection 4(1)(definition of forest industries levy or charge), Subsections 10(7) and (8) and 11(8) and (9) and insertions to Subsection 4(1)(paragraph (j) of the definition of producer) and after Subsection 4(2) of the Primary Industries Levies and Charges Collection Act 1991. The repeals and insertions to these Acts will facilitate the transfer of assets and staff to the new industry services body.
The commencement date was announced to the forestry industry as the date Forest and Wood Products Australia would become the industry services body for the Australian forestry industry. Extensive preparations have been made for Forest and Wood Products Australia to begin functioning as the new industry services body on this date. Forest and Wood Products Australia would participate in research and development and perform a generic marketing function for the forest industry.
The Australian forestry industry was consulted in relation to the commencement date of the amending Act.
The Proclamation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Overview
The Forestry Marketing and Research and Development Services (Transitional and Consequential Provisions) Act 2007 was enacted to address the need for a transition in the provision of marketing and research services within the Australian forestry industry. The Act was passed by the Australian Parliament and received Royal Assent on 28 June 2007, aiming to facilitate the establishment of a new industry services body, Forest and Wood Products Australia, to take over these functions. The policy objective was to ensure a smooth transition and continuity of services to the forestry sector, thus maintaining the industry's growth and development. The Proclamation, issued under the authority of the Minister for Fisheries, Forestry and Conservation, fixed the commencement date of the consequential provisions, including repeals and insertions to various Acts, to 3 September 2007, the date on which Forest and Wood Products Australia would officially assume its new role. This date was determined following consultations with the forestry industry to ensure that preparations were adequately made for the transition.
Scope and Application
The Forestry Marketing and Research and Development Services (Transitional and Consequential Provisions) Act 2007 applies to the forestry industry in Australia, specifically facilitating the transition to a new industry services body, Forest and Wood Products Australia. The Act involves consequential amendments to several other Acts, including the Primary Industries and Energy Research and Development Act 1989, the Primary Industries (Customs) Charges Act 1999, and the Primary Industries Levies and Charges Collection Act 1991, among others. These amendments are designed to repeal certain provisions and insert new ones to support the transfer of assets and staff to the new industry services body. The Act has a Commonwealth jurisdictional reach, applying across Australia. The commencement of the Act was proclaimed on 3 September 2007, six months after receiving the Royal Assent on 28 June 2007, ensuring that the necessary legislative changes would be in effect on the designated date when Forest and Wood Products Australia would begin its operations. The Proclamation, which is a legislative instrument under the Legislative Instruments Act 2003, fixed this commencement date and was issued following consultations with the forestry industry.
Key Provisions
The Forestry Marketing and Research and Development Services (Transitional and Consequential Provisions) Act 2007 (the Act) received the Royal Assent on 28 June 2007, and the Proclamation issued under Item 3 of the table in subsection 2(1) of the Act sets 3 September 2007 as the date for the commencement of Schedule 2 (section 2). This schedule comprises the consequential provisions necessary to facilitate the transition to Forest and Wood Products Australia (FWPA) as the new industry services body for the Australian forestry industry. The Act includes provisions to repeal certain sections and subsections from the Primary Industries and Energy Research and Development Act 1989, the Primary Industries (Customs) Charges Act 1999, the Primary Industry (Excise) Levies Act 1999, and the Primary Industries Levies and Charges Collection Act 1991 (Schedule 2). These repeals and insertions are designed to ensure a smooth transfer of assets and staff from the old system to FWPA.
The Act imposes specific obligations on the parties it governs, particularly on FWPA as it becomes the new industry services body. FWPA is required to take over the research and development activities and generic marketing functions previously managed by other entities (Schedule 2). Additionally, the Act mandates that the Australian forestry industry be consulted on the commencement date of the amending Act, ensuring that the transition is well-coordinated and accepted by all stakeholders (section 2). Extensive preparations have been undertaken to facilitate the transfer of functions to FWPA, ensuring that there is minimal disruption to the industry.
Failure to comply with the provisions of the Act may result in various consequences, though specific offences, penalties, or civil/criminal consequences are not detailed in the Explanatory Statement. The Act serves as a transitional and consequential measure, with the primary focus being on the effective implementation of the new industry services body. The legislative instrument is issued under the authority of the Minister for Fisheries, Forestry and Conservation and is subject to the Legislative Instruments Act 2003 (section 2). The comprehensive nature of the Act aims to ensure that the forestry industry can transition smoothly to the new regulatory framework.