WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects 
of Intellectual Property Rights IPINIII AUS/G/II Add. I 
13 September 1996 
(96-3574) 
Original: Englishl 
anglaisl 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
Australia 
Addendum 
The present document reproduces the Primary Industries and Energy Legislation Amendment 
Act (No. 2) 1994 (No. 129 of 1994)1, as notified by Australia under Article 63.2 of the Agreement 
(see document IP/N/1/AUS/1/Rev.1). 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES 
A LA PROPRIETE INTELLECTUELLE NOTIFIEES 
AU TITRE DE L'ARTICLE 63:2 DE L'ACCORD 
Australie 
Addendum 
Le present document contient le texte de la Loi (n 0 2) de 1994 portant modification de la 
legislation sur les industries et l'energie primaires (n 0 129 de 1994)1, notifiee par l' Australie au titre 
de l'article 63:2 de l'Accord (voir le document IP/N/lIAUSllIRev.1). 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD 
INTELECTUAL NOTIFICADOS EN VIRTUD DEL pARRAFO 2 
DEL ARTICULO 63 DEL ACUERDO 
Australia 
Addendum 
En el presente documento se reproduce la Ley por la que se modifica la legislacion sobre 
industrias primarias y energia (N° 2) de 1994 (N° 129 de 1994)1, que Australia ha notificado en virtud 
del parrafo 2 del articulo 63 del Acuerdo (vease el documento IP IN 111 A US/1/Rev .1) . 
lEnglish only/anglais seulement/ingles solamente. IP/N/V AUS/G/II Add. 1 
Page 2 
.J, AUSTRALIA I'''' 
--~"'" .• ·/////ii!.-=­.... //?/ ;:::;,.K"" ..... 
Primary Industries and Energy 
Legislation Amendment Act (No. 2) 
1994 
No. 129 of 1994 
An Act to amend legislation relati~g to primary industries, 
and for related purposes 
[Assented to 21 October 1994] 
The Parliament of Australia enacts: 
Short title 
1. This Act may be cited as the Primary Industries and Energy 
Legislation Amendment Act (No. 2) 1994. 
Commencement 
2.(1) Subject to this section, this Act commences on the .day on which 
it receives the Royal Assent. IP/N/l! AUS/G/lI Add. 1 
Page 3 
Primary Industries and Energy Legislation Amendment 
(No.,2) No. 129, 1994 
(2) The amendments made by this Act to theAgricultural and Veterinary 
Chemicals Code Act 1994 commence, or are taken to have commenced, on 
the same day as that Act, immediately after the commencement of that Act. 
(3) The amendments made by this Act to the Australian Wine and 
Brandy Corporation Act 1980 commence on the first day of the second 
month that begins after the day on \vhich this Act receives the Royal Assent. 
(4) The amendment made by this Act to section 52 of the Farm 
Household Support Act 1992 commences on 20 September 1994. 
(5) The amendment made by this Act to the Wool Legislation (Repeals 
and Consequential Provisions) Act 1993 is taken to have commenced on 
1 December 1993, immediately after the commencement of that Act. 
Amendments 
3. The Acts referred to in the Schedule are amended as set out in the 
Schedule. 
Saving 
4. Regulations prescribing organisations for the purposes of the 
definition of "sugar industry organisations" in subsection 4(1) of the Sugar 
Cane Levy Act 1987 that were in force immediately before the 
commencement of the amendment of that Act made by this Act continue in 
force after that commencement as if made for the purposes of the definition 
of that expression in subsection 4(1) of that Act as amended by this Act. IPINIlI AUS/G/II Add. I 
Page 4 
Primary Industries and Energy Legislation Amendlnent 
(No. 2) No. 129, 1994 
SCHEDULE 
AMENDMENTS OF ACTS 
Agricultural and Veterinary Chemicals Code Act 1994 
Paragraph 159(1)(e): 
After" application", insert", reconsideration or decision". 
Subsection 159(3): Section 3 
After "subsection (1)", insert "that was made for the purposes of an 
application referred to in paragraph (l)(a) or Cb),". 
Australian Meat and Live-stock Industry Policy Council Act 1984 
Section 3: 
Insert the following definition: 
" 'ARMCANZ' means: 
(a) subject to paragraph Cb), Agriculture and Resource Management 
Council of Australia and New Zealand, whether known by that name 
or any other name; or 
(b) if another body is prescribed by the regulations for the purposes of 
this definition-that other body;". 
Paragraph 5(1)(c): 
Omit "the Australian Agricultural Council", substitute "ARMCANZ". 
Subsection 9(6): 
Omit" the Australian Agricultural Council", substitute" ARMCANZ". 
Subsection 11(2): 
Omit "the Australian Agricultural Council", substitute "ARMCANZ". 
Australian Wine and Brandy Corporation Act 1980 
Subsection 29U(I): 
Omit the definitions of "eligible winemaker" and "list of winemakers " , 
substitute the following definitions: 
" 'eligible producer', in relation to a year, means a person on the list of 
producers prepared in that year; 
'list of producers' means a list of persons prepared under section 29V." . 
Section 29V: 
Repeal the section, substitute: JP/NIl/ AUS/GIl/ Add. 1 
Page 5 
Primary Industries and Energy Legislation Amendment 
(No. 2) No. 129, 1994 
SCHEDULE-continued 
List of producers 
"29V.(1) As soon as practicable after each 30 September, the 
Department must prepare and give to the Corporation a list of the persons 
who the Department, at the time of the preparation of the list, knows became 
liable to pay levy imposed under the Levy Act in respect of the year that 
ended on 30 June immediately preceding that 30 September. 
"(2) The Corporation must.not use a list of persons prepared under this 
section except for the purposes of this Part." . 
Subsection 29W (1): 
Omit "winemakers", substitute "producers". 
Subsection 29W (2): 
Omit "winemaker", substitute "producer". 
Section 29X: 
Omit "winemakers", substitute "producers". 
Paragraph 29Y(b): 
Omit "winemakers", substitute "producers". 
Subsection 29Z(1): 
Omit "winemaker", substitute "producer". 
Australian Wool Research and Promotion Organisation Act 1993 
Section 6: 
After subsection (1), insert the following subsection: 
"(lA) In performing its functions under paragraph (l)(c), the 
Organisation must take account of the need to further the sustainable use and 
sustainable management of natural resources.". 
Section 10: 
Add the following subsection: 
"(2) In preparing a corporate plan, the Organisation must have regard to 
its obligations under subsection 6(lA)." . 
Subsection 28(2): 
At the end of the subsection, add the following paragraph: 
"(f) environmental and ecological matters.". JPINll! AUS/GI11 Add. 1 
Page 6 
Primary Industries and Energy Legislation Amendment 
(No. 2) No. 129, 1994 
SCHEDULE--continued 
Subparagraph 54(1)(d)(iii): 
Omit the subparagraph, substitute: 
"(iii) from dealing with patents or trade marks vested in the 
Organisation by subsection 37(4) of the WoolLegislation (Repeals 
and Consequential Provisions) Act 1993 or acquired by the 
Organisation with money from the Fund; or". 
Biological Control Act 1984 
Subsection 2(1) (definition of "Council"): 
Omit the definition, substitute: 
" 'Council' means: 
(a) subject to paragraph (b), Agriculture and Resource Management 
Council of Australia and New Zealand, whether known by that name 
or any other name; or 
(b) if another body is prescribed by the regulations for the purposes of 
this definition-that other body;" . 
Exotic Animal Disease Control Act 1989 
Section 3 (definition of "approved veterinary emergency plan"): 
Omit "the Australian Agricultural Council", substitute" ARMCANZ". 
Section 3: 
Insert the following definition: 
" 'ARMCANZ' means: 
(a) subject to paragraph (b), Agriculture and Resource Management 
Council of Australia and New Zealand, whether known by that name 
or any other name; or 
(b) if another body is prescribed by the regulations for the purposes of 
this definition-that other body;" . 
Paragraph 11(1)(c): 
Omit "the Australian Agricultural Council", substitute "ARMCANZ". 
Farm Household Support Act 1992 
Paragraph 4(2)(a): 
Omit the paragraph, substitute: 
"(a)' if it was issued within 30 days (or within such further..period as the 
Secretary allows) after the day on which the farmer made a claim 
for fann household support-for a period of 6 months from that 
day; or". JP/N/V AUS/GIl/ Add. 1 
Page 7 
Primary Industries and Energy Legislation Amendment 
(No. 2) No. 129, 1994 
SCHEDULE-continued 
Subsection 5(5): 
Omit "by the Secretary of the Department of Primary Industries and 
Energy" . 
After section 5: 
Insert the following section: 
Review of decision in relation to grant periods 
"SA.(l) In this section: 
'decision' means a decision under subsection 5(4), whether made by the 
Secretary himself or herself or by a delegate of the Secretary; 
'Secretary' means the Secretary to the Department of Primary Industries 
and Energy. 
"(2) The Secretary may revie\v a decision if satisfied that there is 
sufficient reason to do so. 
"(3) The Secretary may review a decision on his or her own initiative or 
on the application of a person affected by the decision. 
"( 4) A person may apply for review of a decision, and the Secretary may 
review a decision, even if an application has been made to the Administrative 
Appeals Tribunal for review of the decision. 
"(5) The Secretary may: 
( a) affirm the decision; or 
(b) vary the decision; or 
(c) set the decision aside and substitute a new decision. 
"(6) If: 
(a) a person applies under subsection (4) for revie\v of a decision; and 
(b) an application fo~ .review of the decision is, or has been, made to the 
Administrative Appeals Tribunal before the Secretary makes a 
decision on the review; 
the Secretary must give the Registrar of the Tribunal written notice of the 
making of the application under subsection (4). 
"(7) If the Secretary makes a decision under subsection (5) on the 
application of a person, the Secretary must give the person written notice of 
the decision that includes: 
(a) a statement that: 
(i) sets out the reasons for the decision; and 
(ii) sets out the findings by the Secretary on material questions of 
fact; and lP/NIV AUS/G/ll Add. 1 
Page 8 
Primary Industries and Energy Legislation Amend.ment 
(No. 2) No. 129,1994 
SCHEDULE-continued 
(iii) refers to the evidence or other material on \vhich those findings 
were based; and 
Cb) a statement to the effect that, if the person is dissatisfied with the 
decision, application may, subject to the Administrative Appeals 
Tribunal Act 1975, be made to the Administrative Appeals Tribunal 
for review of the decision. 
"(8) A contravention of subsection (7) in relation to a decision does not 
affect the validity of the decision. 
"(9) If: 
Ca) the Secretary makes a decision under subsection (5); and 
(b) before the Secretary made the decision, a person applied to the 
Administrative Appeals Tribunal for review of the decision that was 
reviewed by the Secretary; 
the Secretary must give the Registrar of the Administative Appeals Tribunal 
written notice of the Secretary's decision under subsection (5).". 
After section 50: 
Insert the following section: 
Notice of certain matters to be given 
"50A.(1) A person who is liable to repay an amount to the 
Commonwealth under subsection 50(1) or (2) must not, if any of the events 
referred to in subsection (2) of this section occurs, intentionally or recklessly 
fail to give in the prescribed manner fup and correct written particulars of 
the event to the Secretary to the Department of Primary Industries and 
Energy as soon as practicable after the event occurs. 
Penalty: Imprisonment for 6 months. 
"(2) The events to which subsection (1) applies are the following: 
(a) the person changes his or her place of residence; 
(b) the person sells his or her farm; 
Cc) a change takes place in the person's financial situation that affects his 
or her ability to repay the amount concerned. 
"(3) This section extends to: 
Ca) events that occur outside Australia; and 
(b) all people whether or not Australian citizens or Australian 
residents." . IP/N/lIAUS/G/1/Add.l 
Page 9 
Primary Industries and Energy Legislation Amendment 
(No. 2) J.Vo. 129, 1994 
SCHEDUL~ontinued 
Section 52: 
Before subsection (2), insert: 
"(lB) If: 
(a) subsection (lA) has applied to a person because the person sold his 
or her farm; and 
Cb) after the sale the person sells another farm, whether the other farm 
was acquired before or after the sale of the first-mentioned fann; 
that subsection does not apply to the person in respect of the sale of the other 
farm." . 
Section 53: 
At the end of the section add the following subsection: 
"(2) The Secretary to the Department of Primary Industries and Energy 
may, by signed writing, delegate to an officer of that Department all or any 
of his or her powers under this Act." . 
Fisheries Administration Act 1991 
Subsection 4(1) (definition of "Australian Fisheries Council"): 
Omit the definition. 
Subsection 4(1): 
Insert the following definition: 
" 'Ministerial Council' means: 
(a) subject to paragraph (b), Ministerial Council on Forestry, Fisheries 
and Aquaculture, whether known by that name or any other name; 
or 
(b) if another body is prescribed by the regulations for the purposes of 
this definition-that other body;" 
Paragraph 28(1)(c): 
Omit the paragraph, substitute: 
" (c) give to the Ministerial Council a written notice requesting the body 
to nominate to the Minister a person for appointment to the 
Selection Committee; and". 
Paragraph 29(1)(d): 
Omit" Australian Fisheries Council", substitute "Ministerial Council". 
Subsection 80(1): 
Omit the subsection, substitute: IP/NllIAUS/GIlIAdd.l 
Page 10 
Primary Industries and Energy Legislation Amendment 
(No. 2) No. 129, 1994 
SCHEDULE-continued 
"(1) If a levy amount is received by the Common\vealth after the 
commencement of this subsection, there is to be paid to the Authority an 
amount worked out using the formula: 
Leyy amount less Deductible component. 
"(lA) In subsection (1): 
'Levy amount' means any of the following amounts: 
(a) an amount received by the Commonwealth as levy imposed by the 
Foreign Fishing Boats Levy Act 1981; 
(b) an amount received by the Commonwealth as levy imposed by the 
Fisheries Levy Act 1984; 
(c) an amount received by the Common\vealth as levy imposed by the 
Fishing Levy Act 1991; 
(d) an amou·nt received by the Commonwealth as levy imposed by the 
Foreign Fishing Licences Levy Act 1991; 
(e) an amount received by the Commonwealth as charge imposed by the 
Statutory Fishing Rights Charge Act 1991; 
(t) an amount received by the Commonwealth as mentioned in the 
Fisheries Agreements (Payments) Act 1991; 
(g) an amount received by the Commonwealth in repayment of a loan 
made under a fisheries adjustment program or a fisheries 
restructuring program; 
(h) an amount received by the Commonwealth as a penalty under 
section 112 of the Fisheries Management Act 1991; 
(i) an amount received by the Commonwealth as afee under regulations 
made under paragraph 168(2)(e) of the Fisheries Management 
Act 1991; 
G) an amount received by the Commonwealth as a fee under regulations 
made for the purposes of subsection 9(8) of the Fisheries Act 1952; 
other than an amount that is declared by the regulations not to be a levy 
amount for the purposes of this section; . 
'Deductible component', in relation to a levy amount, means: 
(a) if, as a result of the receipt by the Commonwealth of the levy amount, 
an·amount is required to be paid under subparagraph 30A(1)(a)(i) or 
(ii) of the Primary Industries and·Energy Research anti Development 
Act 1989 to an R & D Corporation (within the meaning of that Act) 
established in respect of the fishing industry-an amount equal to the 
amount so required to be paid; or IPIN/V AUS/GIl/ Add. 1 
Page 11 
Primary Industries and Energy Legislation Amendment 
(No. 2) No. 129, 1994 
SCHEDULE-continued 
Cb) if the levy amount is an amount referred to in paragraph Cf) of the 
definition of 'Levy amount'-an amount equal to so much (if any) 
of the levy amount as is detennined by the Minister to be an amount 
paid to the Commonwealth for the right to engage in fishing in the 
Australian fishing zone; or 
Cc) if a part of the levy amount is prescribed for the purposes of this 
paragraph-an amount equal to the part so prescribed.". 
Paragraph 8l(e): 
At the end of (and as part of) paragraph ( c), insert", including, to remove 
any doubt, any amounts payable to, or received by, the Authority for or in 
respect of publications issued by it". 
Fisheries Management Act 1991 
Subsection 32(1): 
Omit the subsection, substitute: 
"(1) AFMA may, upon application made in the approved fonn, grant to 
a person a fishing permit authorising, subject to subsections (lA), (lB) and 
(1 C), the use by that person, or by a person acting on that person's behalf, 
of an Australian boat for fishing in a specified area of the AFZ or a specified 
fishery. 
"(lA) Subject to subsection (1 C), if an Australian boat is specified in the 
permit, the permit authorises the use as mentioned in subsection (1) of: 
(a) subject to paragraph (b)-that boat;· or 
(b) if the person to whom the pennit is granted, from time to time, by 
written notice given to AFMA, nominates for the purposes of the 
pennit another Australian boat in lieu of that boat-the boat so 
nominated. 
"(lB) Subject to subsection (1 C), if no Australian boat is specified in the 
permit, the pennit authorises the use as mentioned in subsection (1) of such 
Australian boat (if any) as the person to whom the permit is granted, from 
time to time, by written notice given to AFMA, nominates for the purposes 
of the permit. 
"(le) The permit does not authorise the use of an Australian bo~t.unless 
the boat complies with any conditions to which the permit is subject.". 
Paragraph 43(1)(a): 
Omit the paragraph, substitute: IP/N/1/AUS/G/lIAdd.1 
Page 12 
Primary Industries and Energy Legislation Amendment 
(No. 2) No. 129, 1994 
SCHED ULE-continued 
"Ca) to deal with: 
(i) emergencIes; or 
(ii) other circumstances where urgent action is required for 
purposes related to the management of a fishery; or". 
Paragraph 84(1) (0: 
After the paragraph, insert: 
"(fa) if a fishing concession provides for the use of equipment of a 
particular type-require the holder of the concession to give the 
officer such help as the officer reasonably requires for the purpose 
of measuring the equipment; and". 
Paragraph 84(1)(g): 
Before "seize", insert "subject to subsection (lA),". 
Paragraph 84(1) (k): 
Omit the paragraph, substitute: 
"(k) if the officer has reasonable grounds to believe that a boat has been 
used, is being used or is intended to be used in contravention of this 
Act, require the master of the boat: 
(i) if the boat is at a place in Australia or a Territory-to remain 
in control of the boat at that place; or 
(ii) if the boat is not at a place in Australia or a Territory-to 
bring the boat to such a place, or to a place at sea, specified 
by the officer and to remain in control of the boat at that place; 
until an officer permits the master to depart from that place; and". 
Subsection 84(1): 
After the subsection, insert: 
"(lA) If an offi.cer takes any action under 'subpiuagraph (l)(g)(i) or (ii), 
the officer must, within·7 days after the action is taken, give written notice 
of the grounds for the taking of the action to the person believed by the 
officer: 
(a) if the action is taken in relation to any fish-to have taken, processed, 
carried or landed the fish, as the case may be; or 
(b) if the action is taken in relation to any boat-to be the owner of the 
boat; or 
(c) if the action is taken in relation to any net, trap or other 
equipment-to have used, to be using or to be intending to use the 
net, trap or other equipment, as the case may be.". IP/N/l/ ADS/G/lI Add. 1 
Page 13 
Primal}· Industries and Energy Legislation Amendment 
(No. 2) No. 12~ 1994 
SCHEDULE--continued 
Subsection 91 (1): 
Omit "managed" (wherever occurring). 
Paragraph 91(4)(a): 
Omit the paragraph, substitute: 
" (a) if the penni t relates to a managed fishery-the permit \vill cease 
to have effect if the plan of management for the fishery is revoked 
under subsection 20(3);~'. 
Subsection 106(1): 
After" forfeiture of", insert"' all or any of the following". 
Paragraph 106(1)(a): 
Omit "or" (last occurring). 
Paragraph 106(1)(b): 
Omit "or". 
Paragraph 168(2)(e): 
After subparagraph (iii), insert: 
"(iiia) the giving of a notice to AFMA nominating an Australian boat 
under paragraph 32(lA)(b) or subsection 32(lB); and". 
Horticultural Policy Council Act 1987 
Section 3: 
Insert the following definition: 
" 'ARMCANZ' means: 
(a) subject to pp.ragraph (b), Agriculture and Resource Management 
Council of Australia and New Zealand, whether known by that name 
or any other name; or 
Cb) if another body is prescribed by the regulations for the purposes of 
this definition-that other body;". 
Paragraph 9(1)(e): 
Omit "the Australian Agricultural Council", substitute" ARMCANZ". 
National Residue SUnJey Administration Act 1992 
Section 7: 
'. After paragraph (d) insert: IPINIl! AUS/G/1I Add. 1 
Page 14 
Primary Industries and Energy Legislation Amendment 
(No. 2) No. 129, 1994 
SCHEDULE-continued 
"(da) any amount paid to the Commonwealth for the purposes of the 
Accoun t; and". 
Paragraph 7(e): 
After "Survey", add "or the Account". 
Paragraph 8(1)(a): 
Omit the paragraph, substitute: 
"(a) making payments, in accordance \vith an expenditure program 
approved by the Minister, for purposes related to: 
(i) the monitoring and reporting of the level of contaminants in 
food products, animal feed, or fibre products, produced in 
Australia or produced from animals or plants produced in 
Australia; and 
(ii) if the relevant body (as determined by the Minister) in the 
industry concerned agrees to "the program extending to 
expenditure under this subparagraph-the testing, either on 
a random basis or in specific cases, of such food products, 
animal feed or fibre products for the purpose of tracing the 
sources, and identifying the causes, of contaminants; and 
(iii) if the relevant body (as determined by the Minister) in the 
industry concerned agrees to the program extending to 
expenditure under this subparagraph-the prevention of 
contamination in such food products, animal feed or fibre 
products; and". 
Subparagraph 8(l)(b)(iii): 
Omit the subparagraph, substitute: 
"(iii) the carrying out of any activities of the kinds referred to In 
subparagraphs (a)(i), (ii) and (iii); and" . 
After paragraph 8(l)(b): 
Add the following word and paragraphs: 
"; and (c) if an amount that was paid into the Account was given by a 
person or body to the Commonwealth for a particular purpose 
but has not been fully spent for that purpose-repaying the 
unspent amount to the person or body; and 
(d) if an amount that was paid into the Account was appropriated by 
the Parliament for the purposes of the Account on condition that 
the amount be repaid-repaying the amount." . IPINIII AUS/G/lI Add. I 
Page 15 
Primary Industries and Energy Legislation Amendment 
(No. 2) No. 129, 1994 
SCHEDULE-continued 
Primary Industries and Energy Research and Development Act 1989 
Paragraph 30A(2)(c): 
. (a) After "to the Corporation" insert "or to the Commonwealth". 
(b) Before "to the Common\vealth" insert "to the Corporation or". 
Primary Industry Councils Act 1991 
Section 4: 
Insert the following definition: 
" 'ARMCANZ' means: 
(a) subject to paragraph (b), Agriculture and Resource Management 
Council of Australia and New Zealand, whether known bv that name 
or any other name; or 
(b) if another body is prescribed by the regulations for the purposes of 
this definition-that other body;". 
Schedule: 
Omit from paragraph 4(1) of Part 1 "the Australian Agricultural 
Council", substitute "ARMCANZ". 
Rural Industries Research Act 1985 
Subsection 4(1): 
Insert the following definition: 
" 'ARMCANZ' means: 
(a) subject to paragraph (b), Agriculture and Resource Management 
Council of Australia and New Zealand, whether known by that name 
or any other name; or 
(b) if another body is prescribed by the regulations for the purposes of 
this definition-that other body;" . 
Paragraph 43(1) (c): . 
Omit "the Australian AgriculturarCouncil", substitute "ARMCANZ". 
Rural Industries Research (Transitional Provisions and Conseq'uential 
Amendments) Act 1985 
Schedule 1: 
Omit from column 3 of Part IV "the Australian Agricultural Council", 
substitute" ARMCANZ" . IP/NIV AUS/G/II Add. I 
Page 16 
Primary Industries and Energy Legislation-Amendment 
(No. 2) No. 129, 1994 
SCHEDULE-continued 
Sugar Cane Levy Act 1987 
Subsection 4(1) (definition of "sugar industry organisations"): 
.Omit the definition, substitute: 
" 'sugar industry organisations' means the organisations prescribed for 
the purposes of this definition;" . 
Wheat Marketing Act 1989 
Subsection 3(1) (definition of "grain"): 
Omit all the words from and including "pulses,", substitute: 
"and pulses, and: 
Ca). whe!"e the eXl?ression 'grain', is used in relation to the promotion, 
funding or undertaking of research into matters relating to the 
marketing of grain-includes pasture seeds, horticultural seeds and 
tree seeds and any other seeds declared by the regulations to be seeds 
to which this paragraph applies; and 
(b) where the expression 'grain' is used in relation to value adding 
activities, and the activities concerned relate to seed testing and seed 
certification-includes pasture seeds, horticultural seeds and tree 
seeds and any other seeds declared by the regulations to be seeds to 
which this paragraph applies; and 
Cc) includes products of the soil declared by the regulations to be grain 
for the purposes of this Act;" . 
Subsections 15(6) and (7): 
Omit the subsections. 
Subsection 94(3): 
Add at the end the following word and paragraph: 
"; and (i) prescribing penalties, not exceeding a fine of 10 penalty units, 
for offences against the regulations." . 
Wool Legislation (Repeals and Consequential Provisions) Act 1993 
Paragraph 36(3) (c): 
Omit "Australian Wool Realisation Commission Act 1993",-substitute 
"Australian Wool Realisation Commission Act 1991". IPIN/lI AUS/G/lI Add. 1 
Page 17 
Primary Industries and Energy Legislation Amendment 
(No. 2) No. 129, 1994 
SCHEDUL~ontinued 
Wool Tax Act (No. 3) 1964 
Title: 
Omit "Registered". 
Paragraph 4(1)(b): 
Omit "registered". 
Subsections 5(1) and (2): 
Omit" registered". 
[Minister s second reading speech made in-
House of Representatives on 21 September 1994 
Senate on 10 October 1994]