Document ID: chunk:federal_register_of_legislation:C2004A05073:schedule:4:p1
Version: federal_register_of_legislation:C2004A05073
Segment Type: schedule
Provision Reference: sch 4 (pt 1/2)
Character Range: 11072–13986

Schedule 4—Amendment of the Fisheries Management Act 1991

1 After section 167

   Insert:

167A Compensation for acquisition of property

      (1) If, apart from this section, the operation of this Act would result in the acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay reasonable compensation to the person.

      (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may apply to the Federal Court to determine a reasonable amount of compensation.

      (3) The jurisdiction of the Federal Court is exclusive of the jurisdiction of all other courts except that of the High Court.

      (4) Any damages or compensation recovered, or other remedy given, in a proceeding begun otherwise than under this section must be taken into account in assessing compensation payable in a proceeding begun under this section and arising out of the same event or transaction.

    (5) In this section:

      acquisition of property and just terms have the same meaning as in paragraph 51(xxxi) of the Constitution.

    Schedule 5—Amendment of the Farm Household Support Act 1992

1 Subsection 3(2)

   Insert:

      exempt livestock proceeds means proceeds of a forced disposal of farm livestock by a person at a time when a drought exceptional circumstances certificate referred to in section 8A applied to the person, to the extent to which the proceeds are invested in:

       (a) a deposit under the Loan (Income Equalization Deposits) Act 1976; or

         (b) a deposit with a term of at least 3 months with a bank, building society, credit union or other institution that receives money on deposit.

2 Paragraph 8A(2)(b)

   After "issued", insert ", for a specified period,".

3 At the end of section 8A

   Add:

       Period of effect of certificate

    (3) A certificate only has effect for the period specified in it.

4 At the end of section 24A

   Add:

         (3) In calculating a rate referred to in subsection (l), exempt livestock proceeds are to be disregarded.

5 Application

   The amendment made by item 4 applies to the proceeds of disposals that occur after the commencement of this Schedule.

6 Subsection 43(1)

   After "farm household support" (first occurring), insert "or drought relief payment".

7 Subsection 43(1)

   After "farm household support" (second occurring), insert "or drought relief payment (as the case requires)".

    Schedule 6—Amendment of the Imported Food Control Act 1992

1 Subsection 3(1) (definition of authorised officer)

   Repeal the definition, substitute:

      authorised officer means:

       (a) the Secretary; or

       (b) an officer of AQIS appointed by the Secretary under subsection 40(1); or

         (c) when used in a provision of this Act other than section 24, 25, 26, 27, 28, 29, 30 or 32—a person appointed by the Secretary under