9

9 Saving—review of decisions

Where, immediately before the commencement of this section, a person was entitled to make an application to the Administrative Appeals Tribunal under a provision specified in column 2 of an item in Schedule 3 of an Act specified in column 3 of that item, then, despite the repeal or amendment of that Act, that Act, as in force immediately before the commencement of this Act, continues to apply in respect of that person in relation to the making of such an application as if the Act had not been repealed or the amendment made, as the case may be.

Schedule 1—Consequential amendments of other Acts

Section 3

Apple and Pear Export Charge Act 1976

Section 4:

Repeal the section.

Section 5 (definition of Association):

Omit the definition, substitute the following definition:

Growers’ Association means the association known as the Australian Apple and Pear Growers’ Association that was formed at a meeting in Melbourne on 5 and 6 December 1945.

Section 5:

Add at the end the following subsection:

(3) Unless the contrary intention appears, a word or expression contained in this Act that is not defined for the purposes of this Act but is defined in the Primary Industries Levies and Charges Collection Act 1991 for the purposes of that Act has the same meaning in this Act as in the Primary Industries Levies and Charges Collection Act 1991.

Subsection 6(2):

Omit the subsection, substitute the following subsection:

(2) The charge is payable by the producer.

Subsection 8(2):

Omit “Association”, substitute “Growers’ Association”.

Apple and Pear Levy Act 1976

Section 3:

Repeal the section.

Subsection 4(1) (definition of Association):

Omit the definition, substitute the following definition:

Growers’ Association means the association known as the Australian Apple and Pear Growers’ Association that was formed at a meeting in Melbourne on 5 and 6 December 1945.

Subsection 4(1) (definition of dealer):

Omit the definition.

Subsection 4(1) (definition of juicing fruit):

(a) Omit “grower” (wherever occurring), substitute “producer”.
(b) Omit “dealer”, substitute “selling agent”.

Subsection 4(1) (definition of processing fruit):

(a) Omit “grower” (wherever occurring), substitute “producer”.
(b) Omit “dealer”, substitute “selling agent”.

Subsection 4(1) (definition of retail sale):

(a) Omit “grower”, substitute “producer”.
(b) Omit “dealer”, substitute “selling agent”.

Subsection 4(3):

(a) Omit “dealer”, substitute “selling agent”.
(b) Omit “growers”, substitute “producers”.

Section 4:

Add at the end the following subsection:

(4) Unless the contrary intention appears, a word or expression contained in this Act that is not defined for the purposes of this Act but is defined in the Primary Industries Levies and Charges Collection Act 1991 for the purposes of that Act has the same meaning in this Act as in the Primary Industries Levies and Charges Collection Act 1991.

Subsection 5(1):

Omit “grower” (wherever occurring), substitute “producer”.

Subsection 5(1A):

Omit “grower” (wherever occurring), substitute “producer”.

Subsection 5(2):

Omit “grower”, substitute “producer”.

Subsection 7(1):

Omit “grower” (wherever occurring), substitute “producer”.

Subsection 7(3A):

Omit “grower”, substitute “producer”.

Australian Horticultural Corporation Act 1987

Subsection 3(1) (definition of appoint):

Omit the definition.

Subsection 3(1):

Insert the following definition:

Levies and Charges Collection Act means the Primary Industries Levies and Charges Collection Act 1991.

After paragraph 47(1)(a):

Insert the following paragraph:

(aa) amounts received by the Commonwealth by way of penalty under section 15 of the Levies and Charges Collection Act in relation to amounts of levy referred to in paragraph (a); and

After paragraph 47(2)(a):

Insert the following paragraph:

(aa) amounts received by the Commonwealth by way of penalty under section 15 of the Levies and Charges Collection Act in relation to amounts of charge referred to in paragraph (a); and

After paragraph 47(4)(a):

Insert the following paragraph:

(aa) amounts of levy received by the Commonwealth under subsection 7(1) or (2) of the Levies and Charges Collection Act, or by virtue of an agreement entered into under section 10 or 11 of that Act, in relation to such levy; and

Paragraph 47(4)(b):

Omit “levy.”, substitute “levy; and”.

After paragraph 47(5)(a):

Insert the following paragraph:

(aa) amounts of charge received by the Commonwealth under paragraph 7(3)(b) of the Levies and Charges Collection Act, or by virtue of an agreement entered into under section 10 or 11 of that Act, in relation to such charge; and

Paragraph 47(5)(b):

Omit “charge.”, substitute “charge; and”.

After paragraph 47(5)(b):

Add the following paragraph:

(ba) amounts received by the Commonwealth under subsection 9(1) of that Act, or by virtue of an agreement entered into under section 10 or 11 of that Act, in respect of penalty payable under that Act.

After subsection 47(5):

Insert the following subsection:

(5A) The reference in paragraph (1)(aa) to amounts received by the Commonwealth by way of penalty under section 15 of the Levies and Charges Collection Act includes a reference to: (a) amounts received by the Commonwealth under paragraph 7(1)(f) of that Act; and (b) amounts received by the Commonwealth under subsection 9(1) of that Act, or by virtue of an agreement entered into under section 10 or 11 of that Act, in respect of penalty payable under that Act.

After subsection 47(6):

Insert the following subsection:

(6A) The reference in paragraph (2)(aa) to amounts received by the Commonwealth by way of penalty under section 15 of the Levies and Charges Collection Act includes a reference to: (a) amounts received by the Commonwealth under paragraph 7(1)(f) of that Act; and (b) amounts received by the Commonwealth under subsection 9(1) of that Act, or by virtue of an agreement entered into under section 10 or 11 of that Act, in respect of penalty payable under that Act.

Subsection 47A(1):

Omit the subsection, substitute the following subsection:

(1) The Corporation may enter into an agreement, in writing, with any person who is responsible under: (a) section 7 or 7A of the Levy Collection Act; or (b) section 7 or 7A of the Export Charge Collection Act; or (c) section 7 or 9 of the Levies and Charges Collection Act; for the collection of amounts for payment to the Commonwealth, providing for payment by the Corporation to that person in respect of the collection of so much of the amounts collected as are paid to the Corporation.

Subsection 47A(2):

Omit the subsection, substitute the following subsection:

(2) The Corporation may enter into an agreement in writing, with any person who has agreed, under: (a) subsection 7B(1) of the Levy Collection Act; or (b) subsection 7B(1) of the Export Charge Collection Act; or (c) subsection 10(1) or 11(1) of the Levies and Charges Collection Act; to collect amounts on behalf of the Commonwealth, providing for payment by the Corporation to that person in respect of the collection of so much of the amounts collected as are paid to the Corporation.

Subparagraph 48(1)(aa)(i):

(a) Insert “, (aa)” after “paragraph 47(1)(a)”.
(b) Insert “, (aa)” after “or (2)(a)”.

Australian Meat and Live‑stock Corporation Act 1977

Subsections 34(2), (3), (4), (5) and (6):

Omit the subsections, substitute the following subsections:

(2) A reference in paragraph (1)(a) to amounts of levy received by the Commonwealth is to be read as including a reference to: (a) amounts received from the proprietor of an abattoir under subsection 7(2) of the Primary Industries Levies and Charges Collection Act 1991 and amounts payable by way of penalty under section 13 of that Act in relation to amounts of levy referred to in that paragraph; and (b) amounts received from the proprietor of an abattoir under section 7 of the Live‑stock Slaughter Levy Collection Act 1964 and amounts payable by way of penalty under section 9 of that Act in relation to amounts of levy referred to in that paragraph. (3) A reference in paragraph (1)(b) to amounts of charge received by the Commonwealth is to be read as including a reference to: (a) amounts payable by way of penalty under section 15 of the Primary Industries Levies and Charges Collection Act 1991 in relation to amounts of charge referred to in that paragraph; and (b) amounts payable by way of penalty under section 6 of the Live‑stock Export Charge Collection Act 1977 in relation to amounts of charge referred to in that paragraph. (4) A reference in paragraph (1)(c) to amounts of levy received by the Commonwealth is to be read as including a reference to: (a) amounts received from a processor under subsection 7(1) of the Primary Industries Levies and Charges Collection Act 1991 and amounts payable by way of penalty under section 15 of that Act in relation to amounts of levy referred to in that paragraph; and (b) amounts received from a processor in accordance with subsection 6(4) of the Cattle and Beef Levy Collection Act 1990 and amounts payable by way of penalty under section 8 of that Act in relation to amounts of levy referred to in that paragraph. (5) A reference in paragraph (1)(d) to amounts of charge received by the Commonwealth is to be read as including a reference to: (a) amounts payable by way of penalty under section 15 of the Primary Industries Levies and Charges Collection Act 1991 in relation to amounts of charge referred to in that paragraph; and (b) amounts received from an exporting agent under subsection 6(5) of the Cattle and Beef Levy Collection Act 1990 and amounts payable by way of penalty under section 8 of that Act in relation to amounts of charge referred to in that paragraph. (6) A reference in paragraph (1)(e) to amounts of levy received by the Commonwealth is to be read as including a reference to: (a) amounts received from a selling agent, a processor or a feedlot operator under subsection 7(1) or (2) of the Primary Industries Levies and Charges Collection Act 1991 and amounts payable by way of penalty under section 15 of that Act in relation to amounts of levy referred to in that paragraph; and (b) amounts received from a selling agent, a processor or a feedlot operator under subsection 6(1), (2) or (3) of the Cattle and Beef Levy Collection Act 1990 and amounts payable by way of penalty in accordance with section 8 of that Act in relation to amounts of levy referred to in that paragraph.

Australian Meat and Live‑stock Research and Development Corporation Act 1985

Subsections 42(4), (5), (6), (7) and (8):

Omit the subsections, substitute the following subsections:

(4) A reference in paragraph (1)(a) to amounts of levy received by the Commonwealth is to be read as including a reference to: (a) amounts received from the proprietor of an abattoir under subsection 7(2) of the Primary Industries Levies and Charges Collection Act 1991, and amounts payable by way of penalty under section 15 of that Act, in relation to amounts of levy referred to in that paragraph; and (b) amounts received from the proprietor of an abattoir under section 7 of the Live‑stock Slaughter Levy Collection Act 1964, and amounts payable by way of penalty under section 9 of that Act, in relation to amounts of levy referred to in that paragraph. (5) A reference in paragraph (1)(b) to amounts of charge received by the Commonwealth is to be read as including a reference to: (a) amounts payable by way of penalty under section 15 of the Primary Industries Levies and Charges Collection Act 1991 in relation to amounts of charge referred to in that paragraph; and (b) amounts payable by way of penalty under section 6 of the Live‑stock Export Charge Collection Act 1977 in relation to amounts of charge referred to in that paragraph. (6) A reference in paragraph (1)(ba) to amounts of levy received by the Commonwealth is to be read as including a reference to: (a) amounts received from a processor under subsection 7(1) of the Primary Industries Levies and Charges Collection Act 1991, and amounts payble by way of penalty under section 15 of that Act, in relation to amounts of levy referred to in that paragraph; and (b) amounts received from a processor under subsection 6(4) of the Cattle and Beef Levy Collection Act 1990 and amounts payable by way of penalty under section 8 of that Act in relation to amounts of levy referred to in that paragraph. (7) A reference in paragraph (1)(bb) to amounts of charge received by the Commonwealth is to be read as including a reference to: (a) amounts received from an exporting agent under subsection 7(3) of the Primary Industries Levies and Charges Collection Act 1991 and amounts payable by way of penalty under section 15 of that Act in relation to amounts of charge referred to in that paragraph; and (b) amounts received from an exporting agent under subsection 6(5) of the Cattle and Beef Levy Collection Act 1990 and amounts payable by way of penalty under section 8 of that Act in relation to amounts of charge referred to in that paragraph. (8) A reference in paragraph (1)(bc) to amounts of levy received by the Commonwealth is to be read as including a reference to: (a) amounts received from a selling agent, a processor or a feedlot operator under subsection 7(1) or (2) of the Primary Industries Levies and Charges Collection Act 1991 and amounts payable by way of penalty under section 15 of that Act in relation to amounts of levy referred to in that paragraph; and (b) amounts received from a selling agent, a processor or a feedlot operator under subsection 6(1), (2) or (3) of the Cattle and Beef Levy Collection Act 1990 and amounts payable by way of penalty under section 8 of that Act in relation to amounts of levy referred to in that paragraph.

Australian Wine and Brandy Corporation Act 1980

Subsection 4(1) (definition of appoint):

Omit the definition.

Paragraph 32(b):

After “Wine Grapes Levy Collection Act 1979” insert “or section 15 of the Primary Industries Levies and Charges Collection Act 1991”.

Section 33:

After “Wine Grapes Levy Collection Act 1979” insert “or section 18 of the Primary Industries Levies and Charges Collection Act 1991”.

Barley Research Levy Act 1980

Section 3:

Repeal the section.

Subsection 4(1) (definitions of grower and marketing law):

Omit the definitions.

Subsection 4(2):

Omit “grower” (wherever occurring), substitute “producer”.

Subsection 4(3):

Omit “grower”, substitute “producer”.

Subsection 4(4):

Omit “grower” (wherever occurring), substitute “producer”.

Section 4:

Add at the end the following subsection:

(5) Unless the contrary intention appears, a word or expression contained in this Act that is not defined for the purposes of this Act but is defined in the Primary Industries Levies and Charges Collection Act 1991 for the purposes of that Act has the same meaning in this Act as in the Primary Industries Levies and Charges Collection Act 1991.

Subsection 5(2):

Omit “grower” (wherever occurring), substitute “producer”.

Section 7:

Omit “grower”, substitute “producer”.

Beef Production Levy Act 1990

Section 3:

Repeal the section.

Section 4 (definition of abattoir):

Omit the definition.

Section 4:

Add at the end the following subsection:

(2) Unless the contrary intention appears, a word or expression contained in this Act that is not defined for the purposes of this Act but is defined in the Primary Industries Levies and Charges Collection Act 1991 for the purposes of that Act has the same meaning in this Act as in the Primary Industries Levies and Charges Collection Act 1991.

Cattle Export Charge Act 1990

Section 3:

Repeal the section.

Section 4:

Add at the end the following subsection:

(2) Unless the contrary intention appears, a word or expression contained in this Act that is not defined for the purposes of this Act but is defined in the Primary Industries Levies and Charges Collection Act 1991 for the purposes of that Act has the same meaning in this Act as in the Primary Industries Levies and Charges Collection Act 1991.

Cattle Transaction Levy Act 1990

Section 3:

Repeal the section.

Subsection 4(1) (definition of processor):

Omit the definition.

Subsection 4(1) (definition of National Cattle Disease Eradication Trust Account):

Omit the definition, substitute the following definition:

National Cattle Disease Eradication Trust Account means the trust account of that name continued in existence by section 4 of the National Cattle Disease Eradication Trust Account Act 1991.

Section 4:

Add at the end the following subsection:

(5) Unless the contrary intention appears, a word or expression contained in this Act that is not defined for the purposes of this Act but is defined in the Primary Industries Levies and Charges Collection Act 1991 for the purposes of that Act has the same meaning in this Act as in the Primary Industries Levies and Charges Collection Act 1991.

Cotton Levy Act 1982

Section 3:

Repeal the section.

Section 4 (definitions of grower and marketing law):

Omit the definitions.

Section 4:

Add at the end the following subsection:

(2) Unless the contrary intention appears, a word or expression contained in this Act that is not defined for the purposes of this Act but is defined in the Primary Industries Levies and Charges Collection Act 1991 for the purposes of that Act has the same meaning in this Act as in the Primary Industries Levies and Charges Collection Act 1991.

Subsection 5(3):

Omit “grower”, substitute “producer”.

Dairy Produce Act 1986

Subsection 3(1):

Insert the following definition:

Levies and Charges Collection Act means the Primary Industries Levies and Charges Collection Act 1991.

Subsection 3(1) (definition of corporation levy):

Omit the definition, substitute the following definition:

corporation levy means the levy of that name imposed by the first Levy Act and includes amounts of penalty (if any) payable under the Levies and Charges Collection Act in relation to that levy.

Subsection 3(1) (definition of dairy products levy):

Omit “section 67 of this Act”, substitute “section 15 of the Levies and Charges Collection Act”.

Subsection 3(1) (definition of exotic animal disease levy):

Omit “this Act”, substitute “the Levies and Charges Collection Act”.

Subsection 3(1) (definition of market support levy):

Omit “this Act”, substitute “the Levies and Charges Collection Act”.

Subsection 3(1) (definition of promotion levy):

Omit “this Act”, substitute “the Levies and Charges Collection Act”.

Subsection 3(1) (definition of research levy):

Omit “this Act”, substitute “the Levies and Charges Collection Act”.

Heading to Part VI:

Omit the heading, substitute the following heading: