EXPLANATORY STATEMENT
Issued by Authority of the Minister for Agriculture
Horticulture Marketing and Research and Development Services Act 2000
Horticulture Marketing and Research and Development Services
(Cessation of Industry Export Control Body) Declaration 2015
Legislative Authority
Section 10(1)(b) of the Horticulture Marketing and Research and Development Services Act 2000 (the HMRDS Act), provides for the Minister for Agriculture (Minister) to make a declaration that the body that is the industry export control body ceases to be the industry export control body, if the Minister has grounds, under subsection 10(2), for making the declaration. Section 10(2)(a) of the HMRDS Act provides that the Minister has grounds for making a declaration if the industry export control body gives the Minister a written request that a declaration be made.
Purpose
The purpose of the Horticulture Marketing and Research and Development Services
(Cessation of Industry Export Control Body) Declaration 2015 (the Declaration) is to declare that the Horticulture Innovation Australia Limited (HIA Ltd) ceases to be the industry export control body effective on 1 November 2015.
Background
On 18 November 2014, the Minister declared HIA Ltd as the industry services body and industry export control body pursuant to section 9 of the HMRDS Act. HIA Ltd wrote to the Minister on 3 August 2015, requesting the Minister to make a Declaration that HIA Ltd ceases to be the industry export control body for the purposes of the HMRDS Act.
HIA Ltd continues to be the industry services body for the purposes of the HMRDS Act.
The Office of Best Practice Regulation (OBPR) was consulted and advised that a Regulation Impact Statement was not required (OBPR 16955). HIA Ltd was also consulted.
The Declaration is compatible with the human rights and freedoms recognised or declared under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. A full statement of compatibility is set out in Attachment A.
The Declaration is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Horticulture Marketing and Research and Development Services
(Cessation of Industry Export Control Body) Declaration 2015
This 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
The purpose of the Horticulture Marketing and Research and Development Services
(Cessation of Industry Export Control Body) Declaration 2015 is to declare that Horticulture Innovation Australia Limited ceases to be the industry export control body for the purposes of the Horticulture Marketing and Research and Development Services Act 2000 effective on 1 November 2015.
Human rights implications
This Legislative Instrument does not engage any of the applicable rights or freedoms.
Conclusion
This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.
The Hon. Barnaby Joyce MP
Minister for Agriculture