NATIONAL ORGANIC STANDARD BILL 2024

2022-2024

The Parliament of the

Commonwealth of Australia

THE SENATE

Presented and read a first time

National Organic Standard Bill 2024

No. , 2024

(Senator McKenzie)

A Bill for an Act to regulate the sale and import of

organic goods, and for related purposes

No. , 2024

National Organic Standard Bill 2024

Contents

Part 1--Preliminary

Short title .............................................................................. 1

Commencement .................................................................... 1

Simplified outline of this Act ............................................... 2

Act binds the Crown ............................................................. 3

Extension to external Territories .......................................... 3

Concurrent operation of State and Territory laws ................. 3

Definitions ............................................................................ 4

Meaning of

prescribed organic goods

.................................. 8

Part 2--Selling or importing prescribed organic goods is

subject to conditions

Division 1--Civil penalty provisions

Selling or importing prescribed organic goods--not holding

certificate--basic contravention ......................................... 10

Selling or importing prescribed organic goods--not holding

certificate--intention to obtain commercial advantage ...... 11

Possessing prescribed organic goods that are intended to be

sold where there is no certificate ........................................ 12

Making false or misleading representation about prescribed

organic goods ..................................................................... 13

Penalties for certain contraventions by bodies corporate .... 14

Division 2--Exemptions

Exemptions ......................................................................... 16

Part 3--Organic certificates

Meaning of

organic certificates

.......................................... 18

Applying for an organic certificate ..................................... 19

Additional or corrected information ................................... 19

Decision whether to issue an organic certificate ................. 20

Period an organic certificate is in force .............................. 22

Revoking an organic certificate .......................................... 22

Returning an organic certificate .......................................... 23

Issuing bodies may charge fees .......................................... 23

Part 4--Audits, compliance and enforcement

Division 1--Audits

Subdivision A--Introduction

Simplified outline of this Division ..................................... 25

National Organic Standard Bill 2024

No. , 2024

Subdivision B--General

Audits relating to organic certificates ................................. 25

Single audit or program of audits may be required ............. 26

Conduct of audit ................................................................. 26

Relevant person for an audit must provide assistance ........ 27

Powers of auditors .............................................................. 27

Subdivision C--Approved auditors

Secretary may approve persons to conduct audits .............. 28

Approved auditors may charge fees .................................... 29

Identity cards ...................................................................... 29

Civil penalty provision--failure to return identity card ...... 30

Division 2--Compliance and enforcement

Subdivision A--Authorised officers

Authorisation of persons to be authorised officers ............. 31

Matters relating to the authorisation of authorised officers 32

Arrangements for State or Territory officers or employees to

be authorised officers ......................................................... 32

Subdivision B--Monitoring

Monitoring powers under Part 2 of the Regulatory Powers

Act ...................................................................................... 33

Subdivision C--Investigation

Investigation powers under Part 3 of the Regulatory Powers

Act ...................................................................................... 34

Subdivision D--Civil penalties

Civil penalties under Part 4 of the Regulatory Powers Act . 35

Subdivision E--Enforceable undertakings

Accepting and enforcing undertakings under Part 6 of the

Regulatory Powers Act ....................................................... 36

Subdivision F--Injunctions

Injunctions under Part 7 of the Regulatory Powers Act ...... 37

Subdivision G--Liability of executive officers and adverse

publicity orders

Simplified outline of this Subdivision ................................ 37

Civil liability for executive officers of bodies corporate .... 38

Civil penalty--indemnification of executive officers ......... 39

Certain indemnities not authorised and certain documents

void ..................................................................................... 40

Adverse publicity orders ..................................................... 40

No. , 2024

National Organic Standard Bill 2024

iii

Part 5--Other matters

Division 1--Review of decisions

Review by the Administrative Review Tribunal ................. 42

Division 2--Confidentiality of information

Subdivision A--Introduction

Simplified outline of this Division ..................................... 43

Subdivision B--Authorised uses and disclosures

Authorisation to use or disclose protected information in

performing functions or exercising powers under this Act . 43

Authorisation to use or disclose certain protected

information for secondary permissible purposes ................ 43

Authorisation to use or disclose sensitive information or

certain other protected information for secondary permissible

purposes .............................................................................. 44

Authorisation to use or disclose protected information for

purposes of proceedings ..................................................... 45

Authorisation to use or disclose protected information for

purposes of enforcement related activity ............................ 45

Authorisation to use or disclose protected information if

required by another Australian law ..................................... 46

Authorisation to disclose protected information to person to

whom information relates, or to use or disclose protected

information with consent .................................................... 46

Authorisation to disclose protected information to person

who provided information .................................................. 47

Subdivision C--Civil penalty provision

Unauthorised use or disclosure of protected information ... 47

Division 3--Records

Requirement to retain records ............................................. 48

Division 4--Miscellaneous

Partnerships, unincorporated associations and trusts .......... 49

Compensation for acquisition of property .......................... 49

Protection from civil proceedings ....................................... 49

Rules may authorise Commonwealth to enter into

arrangements under which money may be paid for certain

purposes .............................................................................. 50

Delegation by the Secretary ................................................ 51

Review of this Act .............................................................. 51

Rules ................................................................................... 51

No. , 2024

National Organic Standard Bill 2024

A Bill for an Act to regulate the sale and import of

organic goods, and for related purposes

The Parliament of Australia enacts:

Part 1--Preliminary

1 Short title

This Act is the

National Organic Standard

Act 2024

2 Commencement

(1) Each provision of this Act specified in column 1 of the table

commences, or is taken to have commenced, in accordance with

Part 1

Preliminary

Section 3

National Organic Standard Bill 2024

No. , 2024

column 2 of the table. Any other statement in column 2 has effect

according to its terms.

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. Part 1 and

anything in this

Act not elsewhere

covered by this

table

The day this Act receives the Royal Assent.

2. Part 2,

Division 1

The day after the end of the period of 3 years

beginning on the day this Act receives the

Royal Assent.

3. Part 2,

Division 2

The day this Act receives the Royal Assent.

4. Part 3

The day this Act receives the Royal Assent.

5. Part 4

At the same time as the provisions covered

by table item 2.

6. Part 5

The day this Act receives the Royal Assent.

Note:

This table relates only to the provisions of this Act as originally

enacted. It will not be amended to deal with any later amendments of

this Act.

(2) Any information in column 3 of the table is not part of this Act.

Information may be inserted in this column, or information in it

may be edited, in any published version of this Act.

3 Simplified outline of this Act

This Act creates a framework for regulating the sale or importation

of organic goods in Australia.

A person wishing to sell organic goods in Australia needs to first

obtain an organic certificate. Any reseller of the organic goods in

Australia also needs to first obtain an organic certificate if the

goods or the goods' packaging has changed. This requirement does

Preliminary

Part 1

Section 4

No. , 2024

National Organic Standard Bill 2024

not apply if the reseller bought the organic goods from a person

who brought or imported them into Australia.

A person wishing to bring or import organic goods into Australia

from another country needs to first obtain a copy of an organic

certificate issued in that country to the exporter.

There is a 3-year transitional period before these requirements

start. These requirements are subject to exemptions and

constitutional limits.

Organic certificates issued in Australia cover sales for 12 months.

To obtain an organic certificate in Australia, a person will need to

show that their operations to produce or prepare the organic goods

will be carried out in accordance with the National Organic

Standard.

Organic certificates are issued in Australia by the bodies authorised

to issue government certificates under the

Export Control Act

2020

. Organic certificates are issued in other countries by similar

bodies recognised by the laws of those other countries.

4 Act binds the Crown

(1) This Act binds the Crown in each of its capacities.

(2) This Act does not make the Crown liable to be subject to civil

proceedings for a civil penalty order under Part 4 of the Regulatory

Powers Act.

5 Extension to external Territories

This Act extends to the external Territories.

6 Concurrent operation of State and Territory laws

(1) This Act does not exclude or limit the operation of a law of a State

or Territory that is capable of operating concurrently with this Act.

Part 1

Preliminary

Section 7

National Organic Standard Bill 2024

No. , 2024

(2) Without limiting subsection (1), this Act does not exclude or limit

the concurrent operation of a law of a State or Territory to the

extent that:

(a) the law makes an act or omission:

(i) an offence; or

(ii) subject to a civil penalty; and

(b) that (or any similar) act or omission is also subject to a civil

penalty under this Act.

(3) Subsection (2) applies even if the law of the State or Territory does

any one or more of the following, in relation to the offence or civil

penalty:

(a) provides for a penalty that differs from the penalty provided

in this Act;

(b) provides for fault elements that differ from the fault elements

applicable to the civil penalty provision created by this Act;

defences or exceptions applicable to the civil penalty

provision created by this Act.

7 Definitions

In this Act:

ACCC

means the Commission (within the meaning of the

Competition and Consumer Act 2010

aircraft

has the same meaning as in the

Export Control Act 2020

approved auditor

means a person, or a person included in a class

of persons, approved under subsection 29(1).

Australia

, when used in a geographical sense, includes the external

Territories.

authorised officer

means a person who is authorised under

section 33 to be an authorised officer under this Act.

civil penalty provision

has the same meaning as in the Regulatory

Powers Act.

Preliminary

Part 1

Section 7

No. , 2024

National Organic Standard Bill 2024

Commonwealth authorised officer

means an authorised officer

who is an officer or employee of a Commonwealth body.

Commonwealth body

includes a Department of State, or an

authority, of the Commonwealth.

cosmetic product

(a) means a substance, or a mixture of substances, intended to be

placed in contact with an external part or parts of the body

(for example, the epidermis, hair, nails, lips or external

genital organs) or with the teeth or the mucous membranes of

the oral cavity, with the exclusive or principal purpose of

cleaning, perfuming, changing the appearance of, protecting

or keeping in good condition those parts of the body, or

correcting body odours; and

(b) includes a substance, or a mixture of substances, referred to

in paragraph (a) intended for use on domestic animals.

Examples: Soaps, shampoos and fragrances (including for pet grooming), skin

moisturisers, colour cosmetics and deodorants.

covering

has the same meaning as in the

Export Control Act 2020

Department

means the Department administered by the Minister

for Agriculture.

enforcement body

has the same meaning as in the

Privacy Act

1988

enforcement-related activity

has the same meaning as in the

Privacy Act 1988

evidential material

has the same meaning as in the Regulatory

Powers Act.

goods

has the same meaning as in the

Export Control Act 2020

issuing body

means:

(a) a person who is an approved certifying body, under rules

made for the purposes of the

Export Control Act 2020

, for

organic goods; or

Part 1

Preliminary

Section 7

National Organic Standard Bill 2024

No. , 2024

(b) if there are no approved certifying bodies covered by

paragraph (a)--the Secretary; or

(i) a foreign country; or

(ii) a part of a foreign country;

performs a role similar to that of a person covered by

paragraph (a) or (b).

issuing officer

means:

(a) a magistrate; or

(b) a Judge of a court of a State or Territory; or

(d) a Judge of the Federal Circuit and Family Court of Australia

(Division 2).

Minister for Agriculture

means the Minister administering the

Export Control Act 2020

National Organic Standard

means the National Standard for

Organic and Bio-Dynamic Produce published by the Department,

as that document exists from time to time.

Note:

This standard could in 2024 be viewed on the Department's website

(http://www.agriculture.gov.au).

organic goods

means goods that are described as, or described as

including ingredients that are, organic, biodynamic, biological,

ecological or any other similar description, and includes goods that

are described as in-conversion to organic or biodynamic.

organic certificate

means a certificate issued under section 18.

person

has a meaning affected by section 58.

personal information

has the same meaning as in the

Privacy Act

1988

prepare

has the same meaning as in the

Export Control Act 2020

prescribed organic goods

has the meaning given by section 8.

produce

has the same meaning as in the

Export Control Act 2020

Preliminary

Part 1

Section 7

No. , 2024

National Organic Standard Bill 2024

protected information

means information obtained under, or in

accordance with, this Act.

protected person

has the meaning given by subsection 60(4).

registered trade mark

has the same meaning as in the

Trade Marks

Act 1995

regulated sale

means any of the following:

(a) a sale in Australia by a corporation to which

paragraph 51(xx) of the Constitution applies;

(b) a sale in Australia made using a service to which

paragraph 51(v) of the Constitution applies;

that is the same, substantially identical or deceptively similar

to an issuing body's registered trade mark or intellectual

property;

(d) a sale in the course of:

(i) trade or commerce among the States; or

(ii) trade or commerce within a Territory, between a State

and a Territory, or between 2 Territories;

(e) a sale in a Commonwealth place (within the meaning of the

Commonwealth Places (Application of Laws) Act 1970

Regulatory Powers Act

means the

Regulatory Powers (Standard

Provisions) Act 2014

related provision

means the following:

(a) a civil penalty provision of this Act;

(b) a provision of the

Criminal Code

that relates to this Act and

creates an offence.

relevant court

means:

(a) the Federal Court of Australia; or

(b) the Federal Circuit and Family Court of Australia

(Division 2); or

to matters arising under this Act.

rules

means rules made under section 64.

Part 1

Preliminary

Section 8

National Organic Standard Bill 2024

No. , 2024

Secretary

means the Secretary of the Department administered by

the Minister for Agriculture.

sensitive information

means information or an opinion about an

individual's criminal record that is also personal information.

sign

has the same meaning as in the

Trade Marks Act 1995

State or Territory authorised officer

means an authorised officer

who is an officer or employee of a State or Territory body.

State or Territory body

includes a Department of State, or an

authority, of a State or Territory.

this Act

includes:

(a) legislative instruments made under this Act; and

(b) the Regulatory Powers Act as it applies in relation to this

Act.

trade description

has the same meaning as in the

Export Control

Act 2020

use

, in relation to information, includes make a record of.

vessel

has the same meaning as in the

Export Control Act 2020

8 Meaning of

prescribed organic goods

(1) All organic goods, other than organic goods that are cosmetic

products, are

prescribed organic goods

(2) However, organic goods are taken not to be

prescribed organic

goods

if the organic goods:

(a) are stores for the use of passengers and crew on an aircraft or

a vessel on a flight or voyage into Australia; or

(b) are imported into Australia and held in bond at all times

before being exported; or

covering in which, and with the same trade description with

which, they were imported; or

Preliminary

Part 1

Section 8

No. , 2024

National Organic Standard Bill 2024

(d) are imported into Australia in a consignment of not more

than:

(i) in liquid form--10 litres; or

(ii) in any other case--10 kilograms.

Part 2

Selling or importing prescribed organic goods is subject to conditions

Division 1

Civil penalty provisions

Section 9

National Organic Standard Bill 2024

No. , 2024

Part 2--Selling or importing prescribed organic

goods is subject to conditions

Division 1--Civil penalty provisions

9 Selling or importing prescribed organic goods--not holding

certificate--basic contravention

Selling prescribed organic goods

(1) A person is liable to a civil penalty if:

(a) the person sells goods; and

(b) the goods are prescribed organic goods; and

(d) the person does not hold an organic certificate covering the

goods that is in force at the time of the sale; and

(e) the goods were not earlier brought or imported into Australia.

Note:

An exemption may apply (see Division 2). A defendant bears an

evidential burden in relation to a matter in Division 2 (see section 96

of the Regulatory Powers Act).

Civil penalty:

960 penalty units.

Importing prescribed organic goods

(2) A person is liable to a civil penalty if:

(a) the person brings or imports goods into Australia; and

(b) the goods are prescribed organic goods; and

(i) covers the goods; and

(ii) was issued to the organic operator who carried out the

last operation to produce or prepare the goods for

bringing or exporting to Australia; and

(iii) is in force at the time the goods are brought or imported

into Australia.

Selling or importing prescribed organic goods is subject to conditions

Part 2

Civil penalty provisions

Division 1

Section 10

No. , 2024

National Organic Standard Bill 2024

Note:

An exemption may apply (see Division 2). A defendant bears an

evidential burden in relation to a matter in Division 2 (see section 96

of the Regulatory Powers Act).

Civil penalty:

960 penalty units.

10 Selling or importing prescribed organic goods--not holding

certificate--intention to obtain commercial advantage

Selling prescribed organic goods

(1) A person is liable to a civil penalty if:

(a) the person sells goods; and

(b) the goods are prescribed organic goods; and

(d) the person does not hold an organic certificate covering the

goods that is in force at the time of the sale; and

(e) the person intends to obtain a commercial advantage over the

person's competitors, or potential competitors, as a result of

selling the goods; and

(f) the goods were not earlier brought or imported into Australia.

Note:

An exemption may apply (see Division 2). A defendant bears an

evidential burden in relation to a matter in Division 2 (see section 96

of the Regulatory Powers Act).

Civil penalty:

(a) if the person is an individual--4,000 penalty units; or

(b) if the person is a body corporate--the amount under

section 13.

Importing prescribed organic goods

(2) A person is liable to a civil penalty if:

(a) the person brings or imports goods into Australia; and

(b) the goods are prescribed organic goods; and

(i) covers the goods; and

Part 2

Selling or importing prescribed organic goods is subject to conditions

Division 1

Civil penalty provisions

Section 11

National Organic Standard Bill 2024

No. , 2024

(ii) was issued to the organic operator who carried out the

last operation to produce or prepare the goods for

bringing or exporting to Australia; and

(iii) is in force at the time the goods are brought or imported

into Australia; and

(d) the person intends to obtain a commercial advantage over the

person's competitors, or potential competitors, as a result of

bringing or importing the goods into Australia.

Note:

An exemption may apply (see Division 2). A defendant bears an

evidential burden in relation to a matter in Division 2 (see section 96

of the Regulatory Powers Act).

Civil penalty:

(a) if the person is an individual--4,000 penalty units; or

(b) if the person is a body corporate--the amount under

section 13.

11 Possessing prescribed organic goods that are intended to be sold

where there is no certificate

A person is liable to a civil penalty if:

(a) the person possesses goods; and

(b) the goods are prescribed organic goods; and

(d) the sale would be a regulated sale; and

(e) the person does not hold an organic certificate covering the

goods that would be in force at the time of the sale; and

(f) the goods were not earlier brought or imported into Australia.

Note:

An exemption may apply (see Division 2). A defendant bears an

evidential burden in relation to a matter in Division 2 (see section 96

of the Regulatory Powers Act).

Civil penalty:

960 penalty units.

Selling or importing prescribed organic goods is subject to conditions

Part 2

Civil penalty provisions

Division 1

Section 12

No. , 2024

National Organic Standard Bill 2024

12 Making false or misleading representation about prescribed

organic goods

Prescribed organic goods that are for sale

(1) A person is liable to a civil penalty if:

(a) the person makes goods available for sale; and

(b) the goods are prescribed organic goods; and

(d) at a time while the goods are available for sale, the person

represents (either expressly or by necessary implication) that:

(i) the goods are organic by using a logo, mark or sign that

is the same, substantially identical or deceptively similar

to an issuing body's registered trade mark or intellectual

property; or

(ii) the person holds an organic certificate covering the

goods that is in force; or

(iii) the operations to produce or prepare the goods have

been carried out in accordance with the National

Organic Standard; and

(e) the person does so knowing that the representation is false or

misleading; and

(f) the goods were not earlier brought or imported into Australia.

Note:

An exemption may apply (see Division 2). A defendant bears an

evidential burden in relation to a matter in Division 2 (see section 96

of the Regulatory Powers Act).

Civil penalty:

960 penalty units.

Importing prescribed organic goods

(2) A person is liable to a civil penalty if:

(a) the person brings or imports goods into Australia from

another country; and

(b) the goods are prescribed organic goods; and

implication) that:

Part 2

Selling or importing prescribed organic goods is subject to conditions

Division 1

Civil penalty provisions

Section 13

National Organic Standard Bill 2024

No. , 2024

(i) the goods are organic by using a logo, mark or sign that

is the same, substantially identical or deceptively similar

to an issuing body's trade mark or intellectual property;

(ii) the person holds a copy of an organic certificate issued

in the other country that covers the goods and is in

force; or

(iii) the operations to produce or prepare the goods have

been carried out in accordance with a standard applying

the other country that is similar the National Organic

Standard; and

(d) the person does so knowing that the representation is false or

misleading.

Note:

An exemption may apply (see Division 2). A defendant bears an

evidential burden in relation to a matter in Division 2 (see section 96

of the Regulatory Powers Act).

Civil penalty:

960 penalty units.

13 Penalties for certain contraventions by bodies corporate

(1) This section has effect for the purposes of subsections 10(1) and

(2).

(2) The amount of the penalty for a contravention by the body

corporate (the

first body

) of a provision referred to in

subsection (1) is an amount not more than the greatest of the

following:

(a) 20,000 penalty units;

(b) if the first body, and any related body corporate of the first

body, has obtained, directly or indirectly, a benefit that is

reasonably attributable to the conduct constituting the

contravention, and the relevant court can determine the value

of that benefit--3 times the value of that benefit;

referred to in paragraph (b) or no such benefit has been

obtained--10% of the annual turnover of the first body

during the period (the

turnover period

) of 12 months ending

Selling or importing prescribed organic goods is subject to conditions

Part 2

Civil penalty provisions

Division 1

Section 13

No. , 2024

National Organic Standard Bill 2024

at the end of the month in which the first body committed, or

began committing, the contravention.

(3) For the purposes of this section, the

annual turnover

of the first

body, during the turnover period, is the sum of the values of all the

supplies that the first body, and any related body corporate of the

first body, have made, or are likely to make, during that period,

other than the following supplies:

(a) supplies made from the first body to any related body

corporate of the first body;

(b) supplies made from any related body corporate of the first

body to the first body;

(d) supplies that are not for consideration (and are not taxable

supplies under section 72-5 of the

A New Tax System (Goods

and Services Tax) Act 1999

);

(e) supplies that are not made in connection with an enterprise

that the first body carries on.

(4) Expressions used in subsection (3) that are also used in the

A New

Tax System (Goods and Services Tax) Act 1999

have the same

meaning in that subsection as they have in that Act.

(5) The question whether 2 bodies corporate are related to each other

is to be determined for the purposes of this section in the same way

as for the purposes of the

Corporations Act 2001

Part 2

Selling or importing prescribed organic goods is subject to conditions

Division 2

Exemptions

Section 14

National Organic Standard Bill 2024

No. , 2024

Division 2--Exemptions

14 Exemptions

Exemptions for regulated sales of prescribed organic goods

(1) Division 1 does not apply to a regulated sale of prescribed organic

goods if:

(a) the seller is an individual, and the sum of all sales of

prescribed organic goods by the seller during the last

financial year did not exceed the minimum threshold; or

(b) the seller is a body corporate, and the seller's annual turnover

during the last financial year did not exceed the minimum

threshold; or

(d) the goods are being sold for experimental purposes or in

exceptional circumstances; or

(e) subsection (2) applies to the regulated sale of the goods.

Note:

Paragraph (a) counts all sales, not just regulated sales.

(2) This subsection applies to a regulated sale of goods if:

(a) the seller acquired the goods as the result of an earlier

regulated sale by a person (the

earlier seller

); and

(b) the earlier seller held an organic certificate covering the

goods that was in force at the time of the earlier sale; and

(i) the goods are not changed, and are not mixed with other

goods in the production of different goods; and

(ii) the packaging of the goods does not change.

Note:

This subsection can apply separately at different stages in the supply

chain after the production of the goods. In other words, the seller

relying on this subsection does not need to acquire the goods directly

from the earlier seller.

(3) Subsections (1) and (2) apply to a sale that would be a regulated

sale in a corresponding way to the way those subsections apply to

regulated sales.

Selling or importing prescribed organic goods is subject to conditions

Part 2

Exemptions

Division 2

Section 14

No. , 2024

National Organic Standard Bill 2024

Exemptions for importing prescribed organic goods

(4) Division 1 does not apply to a person bringing or importing

prescribed organic goods into Australia if:

(a) the person is an individual, and the sum of the market values

of all prescribed organic goods that the person brought or

imported into Australia during the last financial year did not

exceed the minimum threshold; or

(b) the person is a body corporate, and the person's annual

turnover during the last financial year did not exceed the

minimum threshold; or

(d) the goods are being brought or imported into Australia for

experimental purposes or in exceptional circumstances.

Definitions

(5) In this section:

annual turnover

has the meaning that would be given by

subsection 13(3) if the supplies referred to in that subsection were

limited to supplies of prescribed organic goods.

minimum threshold

means:

(a) $25,000; or

(b) any higher amount specified in the rules.

Part 3

Organic certificates

Section 15

National Organic Standard Bill 2024

No. , 2024

Part 3--Organic certificates

15 Meaning of

organic certificates

(1) An

organic certificate

is a written certificate that:

(a) states the matters set out in subsection (2); and

(b) either:

(i) is in a form approved by the Secretary; or

(ii) if the certificate is issued in a country that exports to

Australia--is in a form that the Secretary has recognised

in writing.

(2) The matters to be stated in the certificate are as follows:

(a) the issuing body for the certificate;

(b) the kinds of prescribed organic goods covered by the

certificate;

operator who carries out the last operation to produce or

prepare the goods:

(i) for sale in Australia; or

(ii) for bringing or exporting to Australia;

(d) if an identification number has been issued to the organic

operator by the issuing body--that number;

(e) if the certificate is issued in Australia--the 12-month period

during which the certificate covers regulated sales of those

kinds of goods;

(f) if the certificate is issued in a country that exports to

Australia--the period during which the certificate covers

exports of those kinds of goods to Australia;

(g) that the issuing body reasonably believes that operations to

produce or prepare those kinds of goods will be carried out in

accordance with:

(i) the National Organic Standard; or

(ii) if the certificate is issued in a country that exports to

Australia--a standard applying in that country that is

similar to the National Organic Standard.

Organic certificates

Part 3

Section 16

No. , 2024

National Organic Standard Bill 2024

16 Applying for an organic certificate

(1) A person wishing to make one or more regulated sales of

prescribed organic goods may apply to an issuing body for an

organic certificate to cover those goods.

Note:

A person wishing to bring or import such goods into Australia from

another country needs to ensure that the last person who prepared or

produced the goods in that other country has applied for a certificate

under that other country's laws.

(2) An application for an organic certificate must:

(a) if the Secretary has approved, in writing, a manner for

making an application--be made in an approved manner; and

(b) if the Secretary has approved a form for making an

application:

(i) include the information required by the form; and

(ii) be accompanied by any documents required by the

form; and

(d) be accompanied by any documents prescribed by the rules.

Note:

A person may commit an offence or be liable to a civil penalty if the

person makes a false or misleading statement in an application or

provides false or misleading information or documents (see

sections 136.1, 137.1 and 137.2 of the

Criminal Code

(3) An application is taken not to have been made if it does not comply

with subsection (2).

17 Additional or corrected information

(1) A person who has made an application to an issuing body under

section 16 must comply with subsection (2) of this section if:

(a) the person becomes aware that information included in the

application, or information or a document given to the

issuing body in relation to the application, was incomplete or

incorrect; or

(b) a change prescribed by the rules occurs.

Part 3

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Section 18

National Organic Standard Bill 2024

No. , 2024

(2) The person must, as soon as practicable, give the issuing body

additional or corrected information, to the extent that it is relevant

to the issuing body's consideration of the application.

Note:

A person may commit an offence or be liable to a civil penalty if the

person makes a false or misleading statement in an application or

provides false or misleading information or documents (see

sections 136.1, 137.1 and 137.2 of the

Criminal Code

Civil penalty provision

(3) A person is liable to a civil penalty if:

(a) the person is required to give information to the issuing body

under subsection (2); and

(b) the person fails to comply with the requirement.

Civil penalty:

60 penalty units.

18 Decision whether to issue an organic certificate

(1) On receiving an application under section 16 for an organic

certificate to cover prescribed organic goods, the issuing body

must, by giving written notice to the applicant, decide:

(a) to issue the certificate; or

(b) to refuse to issue the certificate.

(2) Before doing so, the issuing body may, in writing, request the

applicant to give the issuing body further specified information or

documents relevant to the application.

(3) The issuing body may refuse to issue the certificate in relation to

the goods if:

(a) the issuing body does not reasonably believe, having regard

to any matter that the issuing body considers relevant, that

operations to produce or prepare the goods will be carried out

in accordance with the National Organic Standard; or

(b) issuing body does not reasonably believe, having regard to

any matter that the issuing body considers relevant, that the

matters to be stated in the certificate in relation to the goods

are true and correct; or

Organic certificates

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Section 18

No. , 2024

National Organic Standard Bill 2024

(i) made a false, misleading or incomplete statement in the

application for the certificate; or

(ii) gave false, misleading or incomplete information or

documents to the issuing body or to another person

performing functions or exercising powers under this

Act; or

(d) any information or documents requested under subsection (2)

are not given to the issuing body within a reasonable period

after the request was made; or

(e) the applicant refused to consent to a request made by the

issuing body for a person to:

(i) enter premises of the applicant for the purposes of

conducting an inspection in relation to the goods; and

(ii) when conducting the inspection, exercise similar powers

to those set out in section 28 for an audit; or

(f) the applicant refused to cooperate with a request made by the

issuing body, or any other person performing functions or

exercising powers under this Act, in relation to the goods; or

(g) the issuing body reasonably believes that the applicant has

contravened a requirement of this Act in relation to the

goods; or

(h) circumstances prescribed by the rules exist.

Certificate may be subject to conditions

(4) The organic certificate may be subject to conditions. A condition

may be imposed on the certificate by the issuing body:

(a) when issuing the certificate; or

(b) on a later day.

(5) In considering whether it is necessary to impose a condition on the

organic certificate, the issuing body must have regard to the

matters prescribed by the rules.

(6) If the issuing body decides to impose a condition on the certificate,

the issuing body must give the holder of the certificate a written

notice stating the following:

(a) that the condition is to be imposed;

(b) the reasons for the condition;

Part 3

Organic certificates

Section 19

National Organic Standard Bill 2024

No. , 2024

19 Period an organic certificate is in force

An organic certificate issued in Australia is in force for the

12-month period stated in the certificate (see paragraph 15(2)(e))

unless it is revoked under section 20.

Note:

For an organic certificate issued in a country that exports to Australia,

the period the certificate is in force will depend on the laws of that

country.

20 Revoking an organic certificate

(1) An issuing body may revoke an organic certificate issued in

Australia that covers prescribed organic goods if the issuing body

reasonably believes any of the following:

(a) information stated in the certificate is incorrect;

(b) there is insufficient evidence to be satisfied that operations to

produce or prepare the goods have been, or will be, carried

out in accordance with the National Organic Standard; or

with in relation to the goods;

(d) the integrity of the goods cannot be ensured;

(e) the holder of the certificate has engaged in conduct that:

(i) intimidated a person performing functions or exercising

powers under this Act; or

(ii) hindered or prevented a person from performing

functions or exercising powers under this Act; or

(iii) is contrary to a requirement under this Act;

(f) the holder of the certificate:

(i) made a false, misleading or incomplete statement in the

application for the certificate; or

(ii) gave false, misleading or incomplete information or

documents to the issuing body or to another person

performing functions or exercising powers under this

Act;

(g) a condition on the certificate has not been met;

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(h) the certificate has not been, or is not being, kept secure in

accordance with any requirements specified in the rules;

(i) circumstances specified in the rules exist.

Note:

For an organic certificate issued in a country that exports to Australia,

any revocation of the certificate will be under the laws of that country.

(2) If the issuing body decides to revoke the certificate, the issuing

body must give the holder of the certificate a written notice stating

the following:

(a) that the certificate is to be revoked;

(b) the reasons for the revocation;

21 Returning an organic certificate

(1) The rules may require a person who is in possession of an organic

certificate that was issued in Australia to the person to return the

certificate to the issuing body that issued the certificate:

(a) in the circumstances prescribed by the rules; and

(b) at the time, or within the period, prescribed by the rules.

Civil penalty provision

(2) A person is liable to a civil penalty if:

(a) the person is required to return an organic certificate to an

issuing body under rules made for the purposes of

subsection (1); and

(b) the person fails to comply with the requirement.

Civil penalty:

60 penalty units.

22 Issuing bodies may charge fees

(1) An issuing body may charge a fee under this section in relation to

things done in the performance of the issuing body's functions or

the exercise of the issuing body's powers under this Act.

(2) If the issuing body is the Secretary, the fee charged by the

Secretary is charged on behalf of the Commonwealth.

Audits, compliance and enforcement

Part 4

Audits

Division 1

Section 23

No. , 2024

National Organic Standard Bill 2024

Part 4--Audits, compliance and enforcement

Division 1--Audits

Subdivision A--Introduction

23 Simplified outline of this Division

The Secretary may require an audit to be conducted of:

(a) persons who hold organic certificates issued in

Australia; or

(b) persons who bring or import prescribed organic goods

into Australia.

An audit may be conducted by an approved auditor. An approved

auditor is a person, or a person included in a class of persons,

approved by the Secretary or a person included in a class of

persons specified by the rules.

The Secretary may require a single audit, or a program of audits, to

be conducted.

Subdivision B--General

24 Audits relating to organic certificates

(1) The Secretary may require an audit to be conducted about:

(a) for an organic certificate issued in Australia--whether any of

the matters in paragraphs 20(1)(a) to (i) exist in relation to

the certificate; or

(b) for a person who brought or imported prescribed organic

goods into Australia--whether the person has a copy of an

organic certificate that:

(i) covers the goods; and

(ii) was issued to the organic operator who carried out the

last operation to produce or prepare the goods for

bringing or exporting to Australia; and

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Section 25

National Organic Standard Bill 2024

No. , 2024

(iii) was in force at the time the goods were brought or

imported into Australia.

Note:

For paragraph (a), if a matter in paragraphs 20(1)(a) to (i) is found to

exist, an issuing body has a number of options, including:

(a) relying on assurances from the holder and taking no further

action; or

(b) imposing a condition on the certificate under subsection 18(4); or

(2) The audit may be conducted at any time (whether or not the

certificate is in force).

(3) An audit under this section may be conducted by an approved

auditor (see Subdivision C).

25 Single audit or program of audits may be required

The Secretary may require, under section 24, a single audit, or a

program of audits, to be conducted in relation to a specified matter

or matters included in a specified class of matters.

Note:

If the Secretary has required a program of audits to be conducted in

relation to a matter, the Secretary may also require additional audits to

be conducted in relation to the matter (see subsection 33(1) of the

Acts

Interpretation Act 1901

26 Conduct of audit

(1) The Secretary need not give notice of an audit required under this

Division.

(2) Before starting to conduct an audit, an auditor must give a

description of the scope of the audit to the following person (the

relevant person for the audit

(a) if the audit relates to an organic certificate issued in

Australia--the holder of the certificate;

(b) if the audit relates to a person who brought or imported

prescribed organic goods into Australia--that person.

(3) Before entering premises to conduct an audit, an auditor must show

the auditor's identity card to the relevant person for the audit, or

another person who apparently represents the relevant person, if:

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Division 1

Section 27

No. , 2024

National Organic Standard Bill 2024

(a) the relevant person or the other person requests the auditor to

do so; or

(b) notice of the audit was not given to the relevant person.

Rules may make provision in relation to other matters

(4) The rules may make provision for and in relation to:

(a) other matters relating to the conduct of an audit; and

(b) the process to be followed after an audit has been completed.

(5) Without limiting subsection (4), the rules may make provision for

and in relation to the following:

(a) information that must be provided to the relevant person for

the audit during the audit or after the audit is completed;

(b) requirements for, and in relation to, reports to be provided in

relation to an audit;

audit to take after the audit has been completed.

27 Relevant person for an audit must provide assistance

The relevant person for an audit must provide the auditor with the

facilities and assistance that are reasonably necessary for the

conduct of the audit.

Note:

A failure to comply with this section is a ground for revocation of the

organic certificate (see subparagraph 20(1)(e)(iii)).

28 Powers of auditors

(1) For the purpose of conducting an audit under this Division, an

auditor may do anything the auditor considers necessary, including

the following:

(a) request a person who the auditor reasonably believes has

information or documents that are relevant to the audit to

answer questions, provide information in writing, or produce

the documents;

(b) take samples of goods, or from equipment or other things

used in operations, to which the audit relates;

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National Organic Standard Bill 2024

No. , 2024

expertise to take, test or analyse samples of goods, or from

equipment or other things used in operations, to which the

audit relates.

Note:

A person may commit an offence or be liable to a civil penalty if the

person provides false or misleading information or documents (see

sections 137.1 and 137.2 of the

Criminal Code

(2) An auditor:

(a) may make copies of, or take extracts from, a document or

record produced under paragraph (1)(a); and

(b) for that purpose, may remove the document or record from

the place where it was produced.

Subdivision C--Approved auditors

29 Secretary may approve persons to conduct audits

(1) The Secretary may, in writing, approve a person, or each person in

a specified class of persons, to conduct audits under this Division.

(2) An instrument of approval under subsection (1) is not a legislative

instrument.

(3) The Secretary must not approve a person to conduct audits under

this Division unless the Secretary is satisfied that:

(a) the person satisfies the training and qualification

requirements determined under subsection (4); or

(b) the person will satisfy those training and qualification

requirements before the person conducts any audits under

this Division.

(4) The Secretary must determine, in writing, training and qualification

requirements for persons to conduct audits under this Division.

(5) A determination under subsection (4) is not a legislative

instrument.

(6) The rules may make provision for and in relation to matters

relating to the approval of persons under subsection (1).

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Part 4

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Section 30

No. , 2024

National Organic Standard Bill 2024

(7) Without limiting subsection (6), the rules may make provision for

and in relation to the following:

(a) applications for approval;

(b) dealing with such applications;

(d) matters to which the Secretary may or must have regard in

considering an application for approval;

(e) conditions of an approval;

(f) the period of effect of an approval;

(g) assessment of the competency of applicants;

(h) suspension and revocation of an approval.

30 Approved auditors may charge fees

(1) An approved auditor may charge a fee under this section in relation

to things done in the performance of the approved auditor's

functions or the exercise of the approved auditor's powers under

this Act.

(2) If the approved auditor is an officer of employee of a

Commonwealth body, the fee charged by the auditor is charged on

behalf of the Commonwealth.

(3) A fee must not be such as to amount to taxation.

31 Identity cards

(1) The Secretary may issue an identity card to an approved auditor.

(2) An identity card issued to a person under subsection (1) must:

(a) be in the form approved by the Secretary; and

(b) contain a recent photograph of the person.

(3) Subject to subsection (4), if the Secretary issues an identity card to

an approved auditor under subsection (1), the approved auditor

must carry the identity card at all times when conducting an audit

under this Division.

(4) An approved auditor need not carry the identity card in the

circumstances prescribed by the rules.

Part 4

Audits, compliance and enforcement

Division 1

Audits

Section 32

National Organic Standard Bill 2024

No. , 2024

32 Civil penalty provision--failure to return identity card

(1) A person is liable to a civil penalty if:

(a) the person has been issued with an identity card under

subsection 31(1); and

(b) the person ceases to be an approved auditor; and

the person's identity card to the Secretary.

Civil penalty:

1 penalty unit.

(2) Subsection (1) of this section does not apply if the identity card

was lost or destroyed.

Note:

A defendant bears an evidential burden in relation to the matter in this

subsection (see section 96 of the Regulatory Powers Act).

Audits, compliance and enforcement

Part 4

Compliance and enforcement

Division 2

Section 33

No. , 2024

National Organic Standard Bill 2024

Division 2--Compliance and enforcement

Subdivision A--Authorised officers

33 Authorisation of persons to be authorised officers

(1) The ACCC may, in writing, authorise a person, or each person in a

class of persons, to be an authorised officer under this Act if:

(a) the person, or each person in the class of persons, is an

officer or employee of a Commonwealth body; or

(b) the person, or each person in the class of persons, is an

officer or employee of a State or Territory body.

(2) The ACCC must not authorise an officer or employee of a State or

Territory body to be an authorised officer unless an arrangement is

in force under section 35 in relation to:

(a) the officer or employee; or

(b) a class of persons that includes the officer or employee.

(3) The ACCC must not authorise a person to be an authorised officer

unless the ACCC is satisfied that:

(a) the person satisfies the training and qualification

requirements determined under subsection (4); or

(b) the person will satisfy those training and qualification

requirements before the person exercises any powers, or

performs any functions, as an authorised officer.

(4) The ACCC must determine, in writing, training and qualification

requirements for authorised officers.

(5) A determination made under subsection (4) is not a legislative

instrument.

Instrument of authorisation

(6) The instrument of authorisation of a person as an authorised

officer:

(a) must specify:

(i) the functions and powers that the person may perform

or exercise as an authorised officer under this Act; and

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National Organic Standard Bill 2024

No. , 2024

(ii) any conditions prescribed by the rules that the ACCC

has decided, under the rules, are not to be conditions of

the authorisation; and

(iii) any additional conditions of the authorisation imposed

under the rules; and

(b) may specify the period during which the authorisation has

effect.

(7) An authorised officer has the functions and powers conferred on an

authorised officer by this Act that are specified in the authorised

officer's instrument of authorisation.

34 Matters relating to the authorisation of authorised officers

(1) The rules may make provision for and in relation to matters

relating to the authorisation of persons under section 33.

(2) Without limiting subsection (1), the rules may make provision for

and in relation to the following:

(a) applications to be authorised;

(b) dealing with such applications;

(d) matters to which the ACCC may or must have regard in

considering an application for authorisation;

(e) conditions of an authorisation;

(f) the period of effect of an authorisation;

(g) assessment of the competency of authorisation;

(h) suspension and revocation of an authorisation.

35 Arrangements for State or Territory officers or employees to be

authorised officers

(1) The ACCC may enter into an arrangement with a State or Territory

body for officers or employees of the body to be authorised to be

authorised officers.

(2) An arrangement under subsection (1) is not a legislative

instrument.

Audits, compliance and enforcement

Part 4

Compliance and enforcement

Division 2

Section 36

No. , 2024

National Organic Standard Bill 2024

Subdivision B--Monitoring

36 Monitoring powers under Part 2 of the Regulatory Powers Act

Provisions subject to monitoring

(1) This Act is subject to monitoring under Part 2 of the Regulatory

Powers Act.

Note:

Part 2 of the Regulatory Powers Act creates a framework for

monitoring whether this Act has been complied with. It includes

powers of entry and inspection.

Information subject to monitoring

(2) Information given in compliance or purported compliance with a

provision of this Act is subject to monitoring under Part 2 of the

Regulatory Powers Act.

Note:

Part 2 of the Regulatory Powers Act creates a framework for

monitoring whether the information is correct. It includes powers of

entry and inspection.

Related provisions, authorised applicant, authorised person,

issuing officer, relevant chief executive and relevant court

(3) For the purposes of Part 2 of the Regulatory Powers Act, as it

applies in relation to the provisions of this Act:

(a) each related provision (as defined in section 7 of this Act) is

related to the provisions of this Act; and

(b) an authorised officer is an authorised applicant; and

(d) an issuing officer (as defined in section 7 of this Act) is an

issuing officer; and

(e) the ACCC is the relevant chief executive; and

(f) a relevant court (as defined in section 7 of this Act) is the

relevant court.

(4) An authorised person may be assisted by other persons in

exercising powers or performing functions or duties under Part 2 of

the Regulatory Powers Act in relation to the provisions of this Act.

Part 4

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Compliance and enforcement

Section 37

National Organic Standard Bill 2024

No. , 2024

Note:

An authorised person may be assisted by other persons in exercising

powers or performing functions or duties referred to in this subsection

if the assistance is necessary and reasonable (see paragraph 23(1)(a) of

the Regulatory Powers Act).

Extension to external Territories

(5) Part 2 of the Regulatory Powers Act, as it applies in relation to a

provision of this Act, extends to every external Territory.

Subdivision C--Investigation

37 Investigation powers under Part 3 of the Regulatory Powers Act

Provisions subject to investigation

(1) A provision is subject to investigation under Part 3 of the

Regulatory Powers Act if it is a civil penalty provision of this Act.

Note:

Part 3 of the Regulatory Powers Act creates a framework for

investigating whether a provision has been contravened. It includes

powers of entry, search and seizure.

Related provisions, authorised applicant, authorised person,

issuing officer, relevant chief executive and relevant court

(2) For the purposes of Part 3 of the Regulatory Powers Act, as it

applies in relation to evidential material that relates to a provision

referred to in subsection (1):

(a) each related provision (as defined in section 7 of this Act) is

related to that evidential material; and

(b) an authorised officer is an authorised applicant; and

(d) an issuing officer (as defined in section 7 of this Act) is an

issuing officer; and

(e) the ACCC is the relevant chief executive; and

(f) a relevant court (as defined in section 7 of this Act) is the

relevant court.

Audits, compliance and enforcement

Part 4

Compliance and enforcement

Division 2

Section 38

No. , 2024

National Organic Standard Bill 2024

Person assisting

(3) An authorised person may be assisted by other persons in

exercising powers or performing functions or duties under Part 3 of

the Regulatory Powers Act in relation to evidential material that

relates to a provision referred to in subsection (1).

Note:

An authorised person may be assisted by other persons in exercising

powers or performing functions or duties referred to in this subsection

if the assistance is necessary and reasonable (see paragraph 53(1)(a) of

the Regulatory Powers Act).

Extension to external Territories

(4) Part 3 of the Regulatory Powers Act, as it applies in relation to a

provision referred to in subsection (1), extends to every external

Territory.

Subdivision D--Civil penalties

38 Civil penalties under Part 4 of the Regulatory Powers Act

Enforceable civil penalty provisions

(1) Each civil penalty provision of this Act is enforceable under Part 4

of the Regulatory Powers Act.

Note:

Part 4 of the Regulatory Powers Act allows a civil penalty provision to

be enforced by obtaining an order for a person to pay a pecuniary

penalty for the contravention of the provision.

Authorised applicant

(2) For the purposes of Part 4 of the Regulatory Powers Act, the

ACCC is an authorised applicant in relation to the civil penalty

provisions referred to in subsection (1).

Relevant court

(3) For the purposes of Part 4 of the Regulatory Powers Act, each

relevant court (as defined in section 7 of this Act) is a relevant

court in relation to the civil penalty provisions referred to in

subsection (1).

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Compliance and enforcement

Section 39

National Organic Standard Bill 2024

No. , 2024

Extension to external Territories

(4) Part 4 of the Regulatory Powers Act, as it applies in relation to a

civil penalty provision referred to in subsection (1), extends to

every external Territory.

Subdivision E--Enforceable undertakings

39 Accepting and enforcing undertakings under Part 6 of the

Regulatory Powers Act

Enforceable provisions

(1) The provisions of this Act are enforceable under Part 6 of the

Regulatory Powers Act.

Note:

Part 6 of the Regulatory Powers Act creates a framework for

accepting and enforcing undertakings relating to compliance with

provisions.

Authorised person

(2) For the purposes of Part 6 of the Regulatory Powers Act, the

ACCC is an authorised person in relation to the provisions referred

to in subsection (1).

Relevant court

(3) For the purposes of Part 6 of the Regulatory Powers Act, each

relevant court (as defined in section 7 of this Act) is a relevant

court in relation to the provisions referred to in subsection (1).

Extension to external Territories

(4) Part 6 of the Regulatory Powers Act, as it applies in relation to a

provision referred to in subsection (1), extends to every external

Territory.

Audits, compliance and enforcement

Part 4

Compliance and enforcement

Division 2

Section 40

No. , 2024

National Organic Standard Bill 2024

Subdivision F--Injunctions

40 Injunctions under Part 7 of the Regulatory Powers Act

Enforceable provisions

(1) The provisions of this Act are enforceable under Part 7 of the

Regulatory Powers Act.

Note:

Part 7 of the Regulatory Powers Act creates a framework for using

injunctions to enforce provisions.

Authorised person

(2) For the purposes of Part 7 of the Regulatory Powers Act, the

ACCC is an authorised person in relation to the provisions referred

to in subsection (1).

Relevant court

(3) For the purposes of Part 7 of the Regulatory Powers Act, each

relevant court (as defined in section 7 of this Act) is a relevant

court in relation to the provisions referred to in subsection (1).

Extension to external Territories

(4) Part 7 of the Regulatory Powers Act, as it applies in relation to a

provision referred to in subsection (1), extends to every external

Territory.

Subdivision G--Liability of executive officers and adverse

publicity orders

41 Simplified outline of this Subdivision

An executive officer of a body corporate may be liable to a civil

penalty if the executive officer knew, or was reckless or negligent,

about contraventions of certain provisions by the body corporate

and failed to take all reasonable steps to prevent the contravention.

Part 4

Audits, compliance and enforcement

Division 2

Compliance and enforcement

Section 42

National Organic Standard Bill 2024

No. , 2024

A body corporate must not indemnify a person against certain

liabilities incurred by the person as an executive officer of the body

corporate.

A relevant court may make an adverse publicity order in relation to

a person who has been ordered to pay a penalty for a contravention

of a provision of this Act.

42 Civil liability for executive officers of bodies corporate

(1) An executive officer of a body corporate is liable to a civil penalty

if:

(a) the body corporate contravenes a civil penalty provision in

Part 2; and

(b) the officer knew that, or was reckless or negligent as to

whether, the contravention would occur; and

body corporate in relation to the contravention; and

(d) the officer failed to take all reasonable steps to prevent the

contravention.

Civil penalty:

960 penalty units.

Recklessness

(2) For the purposes of subsection (1), the executive officer was

reckless as to whether the contravention would occur if:

(a) the officer was aware of a substantial risk that the

contravention would occur; and

(b) having regard to the circumstances known to the officer, it

was unjustifiable to take the risk.

Negligence

(3) For the purposes of subsection (1), the executive officer was

negligent as to whether the contravention would occur if the

officer's conduct involved:

(a) such a great falling short of the standard of care that a

reasonable person would exercise in the circumstances; and

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Section 43

No. , 2024

National Organic Standard Bill 2024

(b) such a high risk that the contravention would occur;

that the conduct merits the imposition of a pecuniary penalty.

Reasonable steps to prevent contravention

(4) For the purposes of paragraph (1)(d), in determining whether an

executive officer of a body corporate failed to take all reasonable

steps to prevent a contravention, a court may have regard to all

relevant matters, including:

(a) what action (if any) the officer took directed towards

ensuring the following (to the extent that the action is

relevant to the contravention):

(i) that the body corporate arranges regular professional

assessments of the body corporate's compliance with

the civil penalty provisions in Part 2;

(ii) that the body corporate implements any appropriate

recommendations arising from such an assessment;

(iii) that the body corporate's employees, agents and

contractors have a reasonable knowledge and

understanding of the requirements to comply with the

civil penalty provisions in Part 2 in so far as those

requirements affect the employees, agents or contractors

concerned;

(iv) that the body corporate had in place adequate

procedures to prevent the contravention; and

(b) what action (if any) the officer took when the officer became

aware of the contravention.

(5) Subsection (4) does not limit subsection (1).

43 Civil penalty--indemnification of executive officers

(1) A body corporate (the

first body

), or a related body corporate

(within the meaning of the

Corporations Act 2001

) of the first

body, must not indemnify a person (whether by agreement or by

making a payment and whether directly or through an interposed

entity) against either of the following liabilities incurred by the

person as an executive officer of the first body:

(a) a liability to pay a penalty under section 42;

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Section 44

National Organic Standard Bill 2024

No. , 2024

(b) legal costs incurred in defending or resisting proceedings

(including any related appeals) in which the person is found

to have such a liability.

Civil penalty provision

(2) A person is liable to a civil penalty if the person contravenes

subsection (1).

Civil penalty:

25 penalty units.

44 Certain indemnities not authorised and certain documents void

(1) Section 43 does not authorise anything that would otherwise be

unlawful.

(2) Anything that purports to indemnify a person against a liability is

void to the extent that it contravenes section 43.

45 Adverse publicity orders

(1) A relevant court may, on application by the ACCC, or on its own

initiative, make an adverse publicity order in relation to a person

who has been ordered to pay a penalty for a contravention of a

provision of this Act.

(2) For the purposes of this section, an adverse publicity order in

relation to a person is an order that requires the person:

(a) to take either or both of the following actions within the

period specified in the order:

(i) to disclose, in the way and to the persons specified in

the order, details of the relevant contravention, its

consequences, the penalty imposed and any other

related matter;

(ii) to publish, at the person's expense and in the way

specified in the order, details of the relevant

contravention, its consequences, the penalty imposed

and any other related matter; and

Audits, compliance and enforcement

Part 4

Compliance and enforcement

Division 2

Section 45

No. , 2024

National Organic Standard Bill 2024

(b) to give the ACCC, within 14 days after the end of the period

specified in the order, evidence that the action or actions

were taken by the person in accordance with the order.

(4) This section does not limit a court's powers under any other

provision of this Act.

Part 5

Other matters

Division 1

Review of decisions

Section 46

National Organic Standard Bill 2024

No. , 2024

Part 5--Other matters

Division 1--Review of decisions

46 Review by the Administrative Review Tribunal

Applications may be made to the Administrative Review Tribunal

for review of:

(a) a decision of an issuing body under subsection 18(1) to

refuse to issue an organic certificate; or

(b) a decision of an issuing body under subsection 18(4) to

impose a condition on an organic certificate; or

revoke an organic certificate; or

(d) a decision of the Secretary under the rules:

(i) not to approve a person as an approved auditor; or

(ii) to vary, suspend or revoke a person's approval as an

approved auditor; or

(e) a decision of the ACCC under the rules:

(i) not to authorise a person as an authorised officer; or

(ii) to vary, suspend or revoke a person's authorisation as an

authorised officer.

Other matters

Part 5

Confidentiality of information

Division 2

Section 47

No. , 2024

National Organic Standard Bill 2024

Division 2--Confidentiality of information

Subdivision A--Introduction

47 Simplified outline of this Division

Information (called protected information) may be obtained under,

or in accordance with, this Act. Protected information may be used

or disclosed in certain circumstances.

A person who obtains protected information in the course of, or for

the purposes of, performing functions or duties or exercising

powers under this Act may be liable to a civil penalty if the person

uses or discloses the information other than in certain

circumstances.

Subdivision B--Authorised uses and disclosures

48 Authorisation to use or disclose protected information in

performing functions or exercising powers under this Act

A person who obtains protected information may use or disclose

the information in performing functions or duties or exercising

powers under this Act.

Note 1:

This section constitutes an authorisation for the purposes of the

Privacy Act 1988

and other laws (including the common law).

Note 2:

Use

, in relation to information, includes make a record of (see the

definition in section 7).

49 Authorisation to use or disclose certain protected information for

secondary permissible purposes

(1) A person who obtains protected information (other than protected

information in relation to which section 50 applies) in the course

of, or for the purposes of, performing functions or duties or

exercising powers under this Act may use or disclose the

information for a secondary permissible purpose if:

(a) the person considers it is appropriate to do so; and

Part 5

Other matters

Division 2

Confidentiality of information

Section 50

National Organic Standard Bill 2024

No. , 2024

(b) in relation to a disclosure--the disclosure is to:

(i) an officer or employee of the Commonwealth or a State

or Territory; or

(ii) an officer or employee of a Commonwealth body or a

State or Territory body.

Note:

This subsection constitutes an authorisation for the purposes of the

Privacy Act 1988

and other laws (including the common law).

(2) A person to whom protected information is disclosed under

subsection (1) may use or disclose the information for the purposes

for which the information was disclosed under that subsection.

Note:

This subsection constitutes an authorisation for the purposes of the

Privacy Act 1988

and other laws (including the common law).

50 Authorisation to use or disclose sensitive information or certain

other protected information for secondary permissible

purposes

Application of this section

(1) This section applies in relation to protected information that is:

(a) sensitive information; or

(b) information obtained by a person in performing functions or

duties or exercising powers under Division 3 of Part 4

(compliance and enforcement) or the Regulatory Powers Act.

Note:

For

sensitive information

, see section 7.

Secretary may authorise use or disclosure of information for

secondary permissible purposes

(2) If the Secretary considers it is appropriate to do so, the Secretary

may, in writing, authorise a person:

(a) to use protected information to which this section applies for

a secondary permissible purpose that is specified in the

authorisation; or

(b) to disclose to a specified person, or to a specified class of

persons, protected information to which this section applies

for a secondary permissible purpose that is specified in the

authorisation.

Other matters

Part 5

Confidentiality of information

Division 2

Section 51

No. , 2024

National Organic Standard Bill 2024

(3) The Secretary must not, under paragraph (2)(b), authorise the

disclosure of information to a person other than:

(a) an officer or employee of the Commonwealth or a State or

Territory; or

(b) an officer or employee of a Commonwealth body or a State

or Territory body; or

(4) A person who is authorised to use or disclose protected information

under subsection (2) may use or disclose the information in

accordance with the authorisation.

Note:

This subsection constitutes an authorisation for the purposes of the

Privacy Act 1988

and other laws (including the common law).

(5) A person to whom protected information is disclosed under

subsection (4) may use or disclose the information for the purposes

for which the information was disclosed under that subsection.

Note:

This subsection constitutes an authorisation for the purposes of the

Privacy Act 1988

and other laws (including the common law).

51 Authorisation to use or disclose protected information for

purposes of proceedings

A person who obtains protected information may disclose the

information:

(a) to a court or tribunal, or in accordance with an order of a

court or tribunal, for the purposes of proceedings; or

(b) to a coronial inquiry, or in accordance with an order of a

coroner, for the purposes of a coronial inquiry.

Note 1:

This section constitutes an authorisation for the purposes of the

Privacy Act 1988

and other laws.

Note 2:

The

National Security Information (Criminal and Civil Proceedings)

Act 2004

may apply to proceedings under this Division.

52 Authorisation to use or disclose protected information for

purposes of enforcement related activity

(1) A person who obtains protected information may use the

information, or disclose the information to an enforcement body, if

Part 5

Other matters

Division 2

Confidentiality of information

Section 53

National Organic Standard Bill 2024

No. , 2024

the person reasonably believes that the use or disclosure is

reasonably necessary for, or directly related to, one or more

enforcement related activities being conducted by, or on behalf of,

that enforcement body.

Note:

This subsection constitutes an authorisation for the purposes of the

Privacy Act 1988

and other laws (including the common law).

(2) An enforcement body to which protected information is disclosed

under subsection (1) may use or disclose the information for the

purposes of conducting one or more enforcement related activities.

Note:

This subsection constitutes an authorisation for the purposes of the

Privacy Act 1988

and other laws (including the common law).

53 Authorisation to use or disclose protected information if required

by another Australian law

A person who obtains protected information may use or disclose

the information if the use or disclosure is required under an

Australian law other than this Act.

Note:

This section constitutes an authorisation for the purposes of the

Privacy Act 1988

and other laws (including the common law).

54 Authorisation to disclose protected information to person to

whom information relates, or to use or disclose protected

information with consent

(1) A person who obtains protected information may disclose the

information to the person to whom the information relates.

Note:

This subsection constitutes an authorisation for the purposes of the

Privacy Act 1988

and other laws (including the common law).

(2) A person (the

first person

) who obtains protected information may

use or disclose the information for a purpose if the person to whom

the information relates has expressly consented to the first person

using or disclosing the information for that purpose.

Note:

This subsection constitutes an authorisation for the purposes of the

Privacy Act 1988

and other laws (including the common law).

Other matters

Part 5

Confidentiality of information

Division 2

Section 55

No. , 2024

National Organic Standard Bill 2024

55 Authorisation to disclose protected information to person who

provided information

A person who obtains protected information may disclose the

information to the person who provided the information.

Note:

This section constitutes an authorisation for the purposes of the

Privacy Act 1988

and other laws (including the common law).

Subdivision C--Civil penalty provision

56 Unauthorised use or disclosure of protected information

(1) A person is liable to a civil penalty if:

(a) the person obtains protected information in the course of, or

for the purposes of, performing functions or duties or

exercising powers under this Act; and

(b) the person uses or discloses the information; and

Subdivision B.

Civil penalty:

120 penalty units.

Exception for use or disclosure in good faith

(2) Subsection (1) does not apply to a person to the extent that the

person uses or discloses protected information in good faith and in

purported compliance with a provision in Subdivision B.

Note:

A defendant bears an evidential burden in relation to the matters in

this subsection (see section 96 of the Regulatory Powers Act).

Part 5

Other matters

Division 3

Records

Section 57

National Organic Standard Bill 2024

No. , 2024

Division 3--Records

57 Requirement to retain records

(1) The rules may make provision for and in relation to requiring

records to be retained by any of the following:

(a) a person who carries out, or has carried out, operations to

produce or prepare prescribed organic goods for one or more

regulated sales of those goods;

(b) a person who holds, or who has held, an organic certificate

issued in Australia;

goods into Australia;

(d) a person who performs or has performed functions, or who

exercises or has exercised powers, under this Act.

(2) Without limiting subsection (1), the rules may make provision for

and in relation to any of the following:

(a) the kind of records that must be retained;

(b) the form in which records must be retained;

(d) the secure retention of records.

Civil penalty provision

(3) A person is liable to a civil penalty if:

(a) the person is required to retain a record in accordance with

rules made for the purposes of subsection (1) or (2); and

(b) the person fails to comply with the requirement.

Civil penalty:

20 penalty units.

Other matters

Part 5

Miscellaneous

Division 4

Section 58

No. , 2024

National Organic Standard Bill 2024

Division 4--Miscellaneous

58 Partnerships, unincorporated associations and trusts

Division 5 of Part 6 of Chapter 11 of the

Export Control Act 2020

applies in relation to this Act in a corresponding way to the way

that Division applies in relation to that Act.

59 Compensation for acquisition of property

(1) If the operation of this Act would result in an acquisition of

property (within the meaning of paragraph 51(xxxi) of the

Constitution) from a person otherwise than on just terms (within

the meaning of that paragraph), the Commonwealth is liable to pay

a reasonable amount of compensation to the person.

(2) If the Commonwealth and the person do not agree on the amount

of the compensation, the person may institute proceedings in:

(a) the Federal Court of Australia; or

(b) the Supreme Court of a State or Territory;

for the recovery from the Commonwealth of such reasonable

amount of compensation as the court determines.

60 Protection from civil proceedings

Protection for the Commonwealth and protected persons

(1) No civil proceeding lies against the Commonwealth or a protected

person in relation to anything done, or omitted to be done, in good

faith:

(a) by a protected person in the performance or purported

performance of a function or duty, or the exercise or

purported exercise of a power, conferred by this Act; or

(b) by a person in providing, or purporting to provide, assistance,

information or a document to a protected person, as a result

of a request, direction or other requirement made by the

protected person in the performance or purported

performance of a function or duty, or the exercise or

purported exercise of a power, conferred by this Act.

Part 5

Other matters

Division 4

Miscellaneous

Section 61

National Organic Standard Bill 2024

No. , 2024

Protection for persons assisting protected persons

(2) No civil proceeding lies against a person in relation to anything

done, or omitted to be done, in good faith by the person in

providing, or purporting to provide, assistance, information or a

document to a protected person, as a result of a request, direction

or other requirement made by the protected person in the

performance or purported performance of a function or duty, or the

exercise or purported exercise of a power, conferred by this Act.

Relationship to certain other provisions

(3) This section is subject to section 59 (acquisition of property).

Meaning of protected person

(4) A

protected person

is a person who is, or was, any of the

following:

(a) the Minister;

(b) the Secretary;

(d) an authorised officer;

(e) an officer or employee of the Department or of the ACCC.

61 Rules may authorise Commonwealth to enter into arrangements

under which money may be paid for certain purposes

(1) The rules may authorise the Secretary, on behalf of the

Commonwealth, to enter into arrangements under which the

Commonwealth may pay money for purposes connected with

certifying, verifying or auditing the operation of this Act.

(2) The rules may prescribe the circumstances in which the Secretary

may, on behalf of the Commonwealth, enter into an arrangement

referred to in subsection (1) for a specified purpose referred to in

that subsection.

(3) Subsections (1) and (2) do not, by implication, limit the executive

power of the Commonwealth to enter into arrangements.

Other matters

Part 5

Miscellaneous

Division 4

Section 62

No. , 2024

National Organic Standard Bill 2024

62 Delegation by the Secretary

(1) The Secretary may, in writing, delegate any of the Secretary's

functions or powers under this Act to an SES employee, or an

acting SES employee, in the Department.

(2) In performing any functions or exercising any powers under a

delegation, the delegate must comply with any directions of the

Secretary.

63 Review of this Act

(1) The Minister for Agriculture must cause an independent review to

be conducted of the operation of this Act.

(2) The review must start as soon as practicable after the end of the

6-year period after the commencement of this Act.

(3) The persons who conduct the review must give the Minister for

Agriculture a written report of the review within 3 months of the

commencement of the review.

(4) The Minister for Agriculture must cause a copy of the report to be

tabled in each House of the Parliament within 15 sitting days of

that House after the report is given to the Minister for Agriculture.

64 Rules

(1) The Secretary may, by legislative instrument, make rules

prescribing matters:

(a) required or permitted by this Act to be prescribed by the

rules; or

(b) necessary or convenient to be prescribed for carrying out or

giving effect to this Act.

Note:

The rules may make different provision with respect to different

matters or different classes of matters (see subsection 33(3A) of the

Acts Interpretation Act 1901

(2) To avoid doubt, the rules may not do the following:

(a) create an offence or civil penalty;

(b) provide powers of:

Part 5

Other matters

Division 4

Miscellaneous

Section 64

National Organic Standard Bill 2024

No. , 2024

(i) arrest or detention; or

(ii) entry, search or seizure;

(d) set an amount to be appropriated from the Consolidated

Revenue Fund under an appropriation in this Act;

(e) directly amend the text of this Act.

Commonwealth of Australia Bills

NATIONAL ORGANIC STANDARD BILL 2024

Document Outline