Primary Industries Legislation Amendment (Fishing Levy Component and Transitional Provisions) Rules 2025 (Cth)

Primary Industries Legislation Amendment (Fishing Levy Component and Transitional Provisions) Rules 2025

I, Julie Collins, Minister for Agriculture, Fisheries and Forestry, make the following rules.

Dated 10 June 2025

Julie Collins

Minister for Agriculture, Fisheries and Forestry

Contents

1Name

This instrument is the Primary Industries Legislation Amendment (Fishing Levy Component and Transitional Provisions) Rules 2025.

2Commencement

1. (1)

   Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with 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. Sections 1 to 4 and anything in this instrument not elsewhere covered by this table	The day after this instrument is registered.	19 June 2025
2. Schedule 1	The day after this instrument is registered.	19 June 2025
3. Schedule 2, Part 1	1 January 2025.	1 January 2025
4. Schedule 2, Part 2	The day after this instrument is registered.	19 June 2025

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

1. (2)

   Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3Authority

This instrument is made under the following:

1. (a)

   the Primary Industries Levies and Charges Disbursement Act 2024;

2. (b)

   item 16 of Schedule 4 to the Primary Industries (Consequential Amendments and Transitional Provisions) Act 2024.

4Schedules

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1Fishing levy component

Primary Industries Levies and Charges Disbursement Rules 2024

1

After section 20

Insert:

21Disbursement of amounts—fishing levy

For the purposes of paragraph 36(1)(a) of the Act, the component of the levy is the percentage of the levy worked out using this table.

Fishing levy
Item	For the financial year commencing on …	the percentage of the levy is …
1	1 July 2024	6.36%.

Schedule 2Transitional provisionsPart 1Preserving old declarations of declared bodies

Primary Industries (Consequential Amendments and Transitional Provisions) Rules 2024

1

Section 4

Insert:

old disbursement law has the meaning given by Schedule 4 to the Primary Industries (Consequential Amendments and Transitional Provisions) Act 2024.

2

Subsection 9(2)

Omit “(within the meaning of Schedule 4 to the Primary Industries (Consequential Amendments and Transitional Provisions) Act 2024)”.

3

At the end of Part 2

Add:

10Preserving old declarations of declared bodies

1. (1)

   A declared body declaration in force immediately before the commencement of item 1 of Schedule 4 to the Primary Industries (Consequential Amendments and Transitional Provisions) Act 2024 continues in force, on and after that commencement, in relation to the continued application of the old disbursement law on and after that commencement.

   Note: Item 4 of Schedule 4 to the Primary Industries (Consequential Amendments and Transitional Provisions) Act 2024 deals with the continued application of the old disbursement law.

2. (2)

   A declared body declaration is:

   1. (a)

      a declaration made under section 60 or 61 of the Australian Meat and Live‑stock Industry Act 1997 before 1 January 2025; or

   2. (b)

      a declaration made under section 7 of the Dairy Produce Act 1986 before 1 January 2025; or

   3. (c)

      a declaration made under section 6 of the Egg Industry Service Provision Act 2002 before 1 January 2025; or

   4. (d)

      a declaration made under section 11 of the Forestry Marketing and Research and Development Services Act 2007 before 1 January 2025; or

   5. (e)

      a declaration made under subsection 9(1) of the Horticulture Marketing and Research and Development Services Act 2000 before 1 January 2025; or

   6. (f)

      a declaration made under section 11 of the Pig Industry Act 2001 before 1 January 2025; or

   7. (g)

      a declaration made under section 9 of the Sugar Research and Development Services Act 2013 before 1 January 2025; or

   8. (h)

      a declaration made under section 30 of the Wool Services Privatisation Act 2000 before 1 January 2025.

Part 2Fisheries payments and appropriations

Primary Industries (Consequential Amendments and Transitional Provisions) Rules 2024

4

Section 4

Insert:

collection products has the meaning given by Schedule 4 to the Primary Industries (Consequential Amendments and Transitional Provisions) Act 2024.

matching payments has the meaning given by Schedule 4 to the Primary Industries (Consequential Amendments and Transitional Provisions) Act 2024.

old fisheries disbursement law means the Primary Industries Research and Development Act 1989, and the Fisheries Research and Development Corporation Regulations 1991, as in force immediately before the commencement of item 1 of Schedule 4 to the Primary Industries (Consequential Amendments and Transitional Provisions) Act 2024.

5

At the end of Part 2

Add:

11Matching payments under the old fisheries disbursement law

For the purposes of the operation of the old fisheries disbursement law in relation to the financial year beginning on 1 July 2024, paragraph 30A(2)(b) of the Primary Industries Research and Development Act 1989 applies as if a reference to the amounts paid to the Corporation during the year under subparagraphs (1)(a)(i) and (ii) included a reference to the amounts paid to the Corporation during the year under paragraph 36(1)(a) of the Primary Industries Levies and Charges Disbursement Act 2024.

12Appropriations

1. (1)

   Section 37 of the Primary Industries Levies and Charges Disbursement Act 2024 applies on and after the commencement of this section as if it also applied to payments by the Commonwealth on or after that commencement under:

   1. (a)

      the old disbursement law (as that law continues to apply under Schedule 4 to the Primary Industries (Consequential Amendments and Transitional Provisions) Act 2024) in relation to a levy or charge for a collection product; or

   2. (b)

      the old disbursement law (as that law continues to apply under Schedule 4 to the Primary Industries (Consequential Amendments and Transitional Provisions) Act 2024) in relation to matching payments to a body; or

   3. (c)

      the Primary Industries Research and Development Act 1989 (as that Act continues to apply under section 7 of this instrument) in relation to the fishing levy.

2. (2)

   Section 52 of the Primary Industries Levies and Charges Disbursement Act 2024 applies on and after the commencement of this section as if it also applied to payments by the Commonwealth on or after that commencement under the Australian Animal Health Council (Live‑stock Industries) Funding Act 1996 (as that Act continues to apply under Schedule 4 to the Primary Industries (Consequential Amendments and Transitional Provisions) Act 2024) in relation to a levy or charge for a collection product.

3. (3)

   Section 62 of the Primary Industries Levies and Charges Disbursement Act 2024 applies on and after the commencement of this section as if it also applied to payments by the Commonwealth on or after that commencement under the Plant Health Australia (Plant Industries) Funding Act 2002 (as that Act continues to apply under Schedule 4 to the Primary Industries (Consequential Amendments and Transitional Provisions) Act 2024) in relation to a levy or charge for a collection product.