Horticulture Marketing and Research and Development Services (Amendment) Act 2002

Overview

The Horticulture Marketing and Research and Development Services (Amendment) Act 2002 was enacted by the Parliament of Australia to address specific gaps in the existing legislative framework governing the horticulture industry. This Act serves as an amendment to the Horticulture Marketing and Research and Development Services Act 2000, aiming to enhance the operational efficiency and regulatory compliance of Horticulture Australia Limited. The primary objective of this amendment is to facilitate better access to customs information for Horticulture Australia Limited, thereby enabling more effective export control and compliance with relevant customs regulations. The Act positions Horticulture Australia Limited as a Commonwealth agency under the Customs Administration Act 1985, thereby allowing for the disclosure of necessary information from the Australian Customs Service. This legislative amendment was introduced to support the horticulture industry's export activities and ensure alignment with broader customs and trade regulations.

Scope and Application

The Horticulture Marketing and Research and Development Services (Amendment) Act 2002 amends the Horticulture Marketing and Research and Development Services Act 2000, impacting the scope of the original act by integrating specific amendments concerning the authority of Horticulture Australia Limited. This amendment specifically recognises Horticulture Australia Limited, acting as the industry export control body, as a Commonwealth agency under the Customs Administration Act 1985, allowing it access to certain customs information. This Act applies to entities involved in horticulture, specifically focusing on Horticulture Australia Limited and its role in the export control framework. Geographically, its application is national, as it pertains to the Commonwealth of Australia and its customs administration. The Act's amendments extend its application through the integration with the Customs Administration Act 1985, thereby broadening the scope of the original Horticulture Marketing and Research and Development Services Act 2000.

Key Provisions

The Horticulture Marketing and Research and Development Services (Amendment) Act 2002 introduces significant changes to the Horticulture Marketing and Research and Development Services Act 2000, primarily by amending the latter Act. The most notable change, as stated in the Act, is the insertion of a new section 26A (Schedule 1). This section stipulates that Horticulture Australia Limited, acting as the industry export control body, is recognised as a Commonwealth agency under section 16 of the Customs Administration Act 1985. This provision allows for the disclosure of customs information to Horticulture Australia Limited by the Australian Customs Service in certain defined circumstances (section 16, Customs Administration Act 1985). Under the Horticulture Marketing and Research and Development Services (Amendment) Act 2002, Horticulture Australia Limited, in its role as the industry export control body, is granted certain authorities and responsibilities. Specifically, it is recognised as a Commonwealth agency for the purposes of accessing customs information. This recognition implies that the entity is vested with the authority to obtain and utilise customs data, which is critical for its role in managing and controlling horticulture exports. The Act mandates that such information can be disclosed by the Australian Customs Service, ensuring that Horticulture Australia Limited can effectively perform its duties. The Act imposes specific obligations on Horticulture Australia Limited, which include the utilisation of disclosed customs information for the purposes of export control and compliance. It ensures that this information is handled in accordance with the requirements and protocols established by the Customs Administration Act 1985. Furthermore, the Act requires that Horticulture Australia Limited maintains the confidentiality and integrity of the disclosed information, aligning with the legal standards and practices governing the handling of customs data. The Act does not explicitly outline specific offences or penalties for breaches of its provisions. However, any breaches of the obligations imposed on Horticulture Australia Limited, such as mishandling of disclosed customs information, could potentially lead to civil or criminal consequences under the relevant sections of the Customs Administration Act 1985 or other applicable legislation. Penalties for such breaches could include fines and other sanctions, the specifics of which would be governed by the broader legal framework within which the Act operates.