Senate debates

Monday, 16 June 2014

Bills

Export Legislation Amendment Bill 2014, Export Inspection (Quantity Charge) Amendment Bill 2014, Export Inspection (Service Charge) Amendment Bill 2014, Export Inspection (Establishment Registration Charges) Amendment Bill 2014; Second Reading

9:00 pm

Photo of Nigel ScullionNigel Scullion (NT, Country Liberal Party, Minister for Indigenous Affairs) Share this | | Hansard source

I move:

That these bills be now read a second time.

I seek leave to have the second reading speeches incorporated in Hansard.

Leave granted.

The speeches read as follows—

EXPORT LEGISLATION AMENDMENT BILL 2014

We all want a strong and prosperous agriculture sector in Australia.

We want an agriculture sector that lasts, a sector that grows and delivers great returns for our nation.

Australian farmers are world leaders in producing efficient, sustainable and high quality produce to meet demand both here and abroad.

The export of these products plays a major role in the future of Australian agriculture, and indeed the future of Australian farmers.

We export around 65 per cent of our farm products, 75 per cent of our fish products and 60 per cent of our forest products, worth more than $41 billion in 2012-13. (Confirmed by ABARES 3 March 2013)

The export of these products help support the estimated 134,000 farm businesses across the country - most of which are family owned and run – and a great many more jobs for hardworking Australians in our primary industries.

This government is working to boost the competitiveness and productivity of the Australian agriculture sector.

Creating new market opportunities and maintaining existing export arrangements supports the government's trade objectives while assisting those at the farmgate, which is vitally important for agriculture in this country.

Underpinning it all is the export legislation which safeguards Australia's international reputation and position as an agricultural exporter, providing confidence that Australian agricultural exports meet the requirements of importing countries.

Export legislation provides the Department of Agriculture with the authority to grant certification services to exporters and - consistent with the Australian Cost Recovery Guidelines - to recover the costs of providing these services.

The Export Legislation Amendment Bill 2014 amends four Acts administered by the department.

Amendments to the Export Control Act 1982 and the Export Inspection and Meat Charges Collection Act 1985 will remedy technical defects in these Acts and allow for consistent and equitable cost recovery from export activities.

Currently, inconsistent definitions mean that the department has been unable to recover establishment registration and quantity charges for the exportation of certain products.

Put simply, exporters of some plant products like nuts and seeds, for example, are not paying establishment registration and quantity charges which are being paid by exporters of other plant products like grain.

This isn't fair, when all exporters have access to the services that they need to export their products.

These amendments will address this inequity and provide a more level playing field by aligning the definitions in the Export Inspection Meat Charges and Collection Act 1985 and the Export Control Act 1982.

Removing the definitional inconsistencies between the two Acts will allow for consistent and equitable cost-recovery for services provided by the department to exporters.

The Bill will also amend the Australian Meat and Live-stock Industry Act 1997 (AMLI Act) to enable the department to recover costs relating to services, such as issuing quota certificates, for quotas that are administered by other countries.

The costs of granting quota certificates for quota administered by Australia are already recovered from the users of the service. Amendments to the AMLI Act will enable the Department to recover costs when it is not responsible for allocating the quota but nonetheless is required to issue quota certificates.

No fees are being proposed by this Act - and any cost recovery for quotas will be determined through a cost recovery impact statement in consultation with industry.

The proposed amendments will enable the department to recover the estimated $1.9 million per annum for providing export services for commodities which are currently excluded from cost recovery.

These amendments are largely supported by industry – who like me – believes that costs for export services carried out by the department should be appropriately and consistently recovered.

The Export Legislation Amendment Bill 2014 will also correct a referencing anomaly in the Export Control Act 1982, which will enable departmental officers to request search warrants by telephone or other electronic means. This will enable enforcement operations to be conducted in an appropriate timeframe.

From time to time, authorised officers are required to access registered premises - being ships, planes, vehicles or premises – where officers believe that there may be evidential material relating to breaches of this Act. Correction of the incorrect referencing will expedite the execution of warrants.

The Export Legislation Amendment Bill 2014 and the associated Bills which I will also introduce to make the relevant consequential amendments, are important pieces of legislation that will not only provide a fairer and more consistent approach to cost recovery for services provided to exporters, but will also provide departmental officers greater access to important documents and information in a timely manner, making it easier for them to perform the important role of protecting the integrity of Australia's export commodities.

EXPORT INSPECTION (QUANTITY CHARGE) AMENDMENT BILL 2014

The Export Inspection (Quantity Charge) Amendment Bill 2014 is the second of four Bills being introduced to form this legislative package that will remedy technical defects and allow for more consistent and equitable cost recovery for services provided to exporters by the Department of Agriculture.

The Export Inspection (Quantity Charge) Act 1985 enables the collection of charges for export related services carried out under the Export Control

Act 1982.

As the Quantity Charge Act is incorporated and reads as one with the Export Inspection and Meat Charges Collection Act 1985 (Collection Act), consequential amendments are required for consistency with amendments being proposed to the Collection Act (which are being made by the Export Legislation Amendment Bill 2014).

The Bill itself does not impose any extra charges.

EXPORT INSPECTION (SERVICE CHARGE) AMENDMENT BILL 2014

The Export Inspection (Service Charge) Amendment Bill 2014 is the third of four Bills being introduced to form this legislative package that will remedy technical defects and allow for more consistent and equitable cost recovery for services provided to exporters by the Department of Agriculture.

The Export Inspection (Service Charge) Act 1985 enables the collection of charges for export related services carried out under the Export Control

Act 1982.

As the Service Charge Act is incorporated and reads as one with the Export Inspection and Meat Charges Collection Act 1985 (Collection Act), consequential amendments are required for consistency with amendments being proposed to the Collection Act (which are being made by the Export Legislation Amendment Bill 2014).

The Bill itself does not impose any extra charges.

EXPORT INSPECTION (ESTABLISHMENT REGISTRATION CHARGES) AMENDMENT BILL 2014

The Export Inspection (Establishment Registration Charge) Amendment Bill 2014 is the final Bill being introduced to form this legislative package that will remedy technical defects and allow for more consistent and equitable cost recovery for services provided to exporters by the Department of Agriculture.

The Export Inspection (Establishment Registration Charge) Act 1985 enables the collection of charges for export related services carried out under the Export Control Act 1982.

As the Establishment Registration Charge Act is incorporated and reads as one with the Export Inspection and Meat Charges Collection Act 1985 (Collection Act), consequential amendments are required for consistency with amendments being proposed to the Collection Act (which are being made by the Export Legislation Amendment Bill 2014).

The Bill itself does not impose any extra charges; however the department would have the ability to recover establishment registration charges for exporting certain plant products like cut flowers, dried fruits, nursery stock, nuts, seed, timber products and tissue culture, allowing for more consistent and equitable cost-recovery for services provided to exporters by the department.

Debate adjourned.