Horticulture Marketing and Research and Development Services (Cessation of Industry Export Control Body) Declaration 2015

Overview

The Horticulture Marketing and Research and Development Services (Cessation of Industry Export Control Body) Declaration 2015 was introduced to formally address the cessation of Horticulture Innovation Australia Limited (HIA Ltd) as the industry export control body under the Horticulture Marketing and Research and Development Services Act 2000. This legislative instrument was enacted to respond to a written request from HIA Ltd to the Minister for Agriculture, as authorised by Section 10(1)(b) of the HMRDS Act. The declaration was made effective from 1 November 2015, while HIA Ltd continues its role as the industry services body under the same Act. The Minister for Agriculture, the Hon. Barnaby Joyce MP, issued this declaration in accordance with the legislative authority provided, ensuring that the transition was managed in a manner consistent with the human rights and freedoms recognised under the Human Rights (Parliamentary Scrutiny) Act 2011, as confirmed by the Office of Best Practice Regulation.

Scope and Application

The Horticulture Marketing and Research and Development Services (Cessation of Industry Export Control Body) Declaration 2015 is a legislative instrument made under the authority of the Horticulture Marketing and Research and Development Services Act 2000 (HMRDS Act). It applies to Horticulture Innovation Australia Limited (HIA Ltd), which ceases to be the industry export control body under the HMRDS Act effective 1 November 2015. The Minister for Agriculture has the power to make such a declaration if HIA Ltd provides a written request, which it did on 3 August 2015. Despite ceasing to be the industry export control body, HIA Ltd remains the industry services body. The Declaration is applicable nationally and operates within the Commonwealth jurisdiction. No exclusions, exemptions, or thresholds are specified within the Declaration itself, though the HMRDS Act may provide for further details through subordinate instruments. The Declaration is compatible with human rights as it does not engage any of the applicable rights or freedoms.

Key Provisions

The Horticulture Marketing and Research and Development Services (Cessation of Industry Export Control Body) Declaration 2015 (sections 1-2) declares that Horticulture Innovation Australia Limited (HIA Ltd) ceases to be the industry export control body effective on 1 November 2015. This follows a written request from HIA Ltd to the Minister for Agriculture, as permitted under section 10(2) of the Horticulture Marketing and Research and Development Services Act 2000 (HMRDS Act). The declaration is made under section 10(1)(b) of the HMRDS Act, which allows the Minister to cease the designation of an industry export control body if certain conditions are met. HIA Ltd remains the industry services body for the purposes of the HMRDS Act. The Act imposes several obligations on the parties it governs. Firstly, the Minister for Agriculture must consider the written request from the industry export control body and make a declaration if the grounds under section 10(2) are satisfied (section 10(1)(b)). Secondly, HIA Ltd must provide the necessary written request to the Minister for the cessation of its status as the industry export control body. Additionally, 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 as part of the process. There are no specific offences, penalties, or civil/criminal consequences outlined in the Declaration for breach of its provisions. However, the general legal framework of the HMRDS Act applies, and any actions taken outside the bounds of this legislation could result in relevant legal consequences. The Declaration itself is a legislative instrument under the Legislative Instruments Act 2003 and is compatible with human rights as it does not raise any human rights issues, as detailed in Attachment A of the explanatory statement.