Agriculture Legislation (Amendment) Act 2001

i Agriculture Legislation (Amendment) Act 2001 Act No. 53/2001 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1. Purposes 1 2. Commencement 2 PART 2—AMENDMENT OF THE MEAT INDUSTRY ACT 1993 3 3. Classes of exemptions by the Minister 3 4. Suitability of persons to conduct audits of quality assurance programs 3 5. Decisions reviewable by the Victorian Civil and Administrative Tribunal 3 6. Repeal of ban on slaughter and sale of certain animal meat 4 7. New section 46 substituted 4 PART 3—REPEAL OF SPENT ACTS 5 8. Repeal of the Margarine (Repeal) Act 1994 5 9. Repeal of the Quarantine Officers (Transfer) Act 1990 5 10. Repeal of the Tobacco Leaf Industry (Deregulation) Act 1994 5 ═══════════════ ENDNOTES 6 -- 1 of 7 -- 1 Agriculture Legislation (Amendment) Act 2001† [Assented to 2 October 2001] The Parliament of Victoria enacts as follows: PART 1—PRELIMINARY 1. Purposes The purposes of this Act are— (a) to amend the Meat Industry Act 1993— (i) to provide for review of further decisions of the Authority by the Victorian Civil and Administrative Tribunal; Victoria No. 53 of 2001 -- 2 of 7 -- Act No. 53/2001 Agriculture Legislation (Amendment) Act 2001 2 (ii) to limit the Minister's power of exemption to classes of licensees and classes of meat processing facilities; (iii) to limit the Authority's power to impose restrictions on persons who may conduct audits of quality assurance programs; (iv) for other minor purposes; (b) to repeal the Margarine (Repeal) Act 1994; (c) to repeal the Quarantine Officers (Transfer) Act 1990; (d) to repeal the Tobacco Leaf Industry (Deregulation) Act 1994. 2. Commencement (1) This Act (except section 6) comes into operation on the day after the day on which this Act receives the Royal Assent. (2) Subject to sub-section (3), section 6 comes into operation on a day to be proclaimed. (3) If section 6 does not come into operation before 1 December 2002, it comes into operation on that day. _______________ s. 2 -- 3 of 7 -- Act No. 53/2001 Agriculture Legislation (Amendment) Act 2001 3 PART 2—AMENDMENT OF THE MEAT INDUSTRY ACT 1993 3. Classes of exemptions by the Minister In section 5 of the Meat Industry Act 1993, for sub-section (2) substitute— "(2) The Minister, by notice published in the Government Gazette— (a) may exempt a class of licensee from any of the provisions of this Act; (b) may exempt a class of meat processing facility from this Act or from any provisions of this Act.". 4. Suitability of persons to conduct audits of quality assurance programs In section 12A(2) of the Meat Industry Act 1993, for paragraph (d) substitute— "(d) may impose restrictions relating to the suitability of persons to conduct any required audit; and". 5. Decisions reviewable by the Victorian Civil and Administrative Tribunal In section 24(1) of the Meat Industry Act 1993— (a) in paragraph (d), for "Part 5—" substitute "Part 5; or"; (b) after paragraph (d) insert— "(e) refuse to approve a person or body to be an approved inspection service; or (f) impose or vary a restriction relating to the suitability of persons to conduct a See: Act No. 40/1993. Reprint No. 2 as at 1 January 1999. LawToday: www.dms. dpc.vic. gov.au s. 3 -- 4 of 7 -- Act No. 53/2001 Agriculture Legislation (Amendment) Act 2001 4 required audit of a quality assurance program of a declared facility—". 6. Repeal of ban on slaughter and sale of certain animal meat In section 35 of the Meat Industry Act 1993, sub-section (6) is repealed. 7. New section 46 substituted For section 46 of the Meat Industry Act 1993 substitute— "46. Accountability of Authority (1) The Authority must exercise its powers and perform its functions under this Act subject to any specific written directions given by the Minister in relation to a matter or class of matters specified in the directions. (2) Where the Authority has been given a written direction under sub-section (1), the Authority must publish that direction— (a) in the Government Gazette; and (b) in the Authority's next report of operations under Part 7 of the Financial Management Act 1994.". _______________ s. 6 -- 5 of 7 -- Act No. 53/2001 Agriculture Legislation (Amendment) Act 2001 5 PART 3—REPEAL OF SPENT ACTS 8. Repeal of the Margarine (Repeal) Act 1994 The Margarine (Repeal) Act 1994 is repealed. 9. Repeal of the Quarantine Officers (Transfer) Act 1990 The Quarantine Officers (Transfer) Act 1990 is repealed. 10. Repeal of the Tobacco Leaf Industry (Deregulation) Act 1994 The Tobacco Leaf Industry (Deregulation) Act 1994 is repealed. ═══════════════ s. 8 See: Act No. 64/1994. LawToday: www.dms. dpc.vic. gov.au See: Act No. 27/1990. LawToday: www.dms. dpc.vic. gov.au See: Act No. 47/1994. LawToday: www.dms. dpc.vic. gov.au -- 6 of 7 -- Act No. 53/2001 Agriculture Legislation (Amendment) Act 2001 6 ENDNOTES † Minister's second reading speech— Legislative Assembly: 3 May 2001 Legislative Council: 18 September 2001 The long title for the Bill for this Act was "to amend the Meat Industry Act 1993, to repeal the Margarine (Repeal) Act 1994, the Quarantine Officers (Transfer) Act 1990 and the Tobacco Leaf Industry (Deregulation) Act 1994 and for other purposes." Endnotes -- 7 of 7 --