Primary Industry Funding Schemes (Apiary Industry Fund) Regulations 2001 (SA)

South Australia

Primary Industry Funding Schemes (Apiary Industry Fund) Regulations 2001

under the Primary Industry Funding Schemes Act 1998

1Short title

These regulations may be cited as the Primary Industry Funding Schemes (Apiary Industry Fund) Regulations 2001.

3Interpretation

In these regulations—

Act means the Primary Industry Funding Schemes Act 1998;

Fund—see regulation 4;

registration period means a period for which a person is registered as a beekeeper under the Livestock Act 1997.

4South Australian Apiary Industry Fund

1. (1)

   The South Australian Apiary Industry Fund (the Fund) is established.

2. (2)

   The Fund will be administered by the Minister.

3. (3)

   The Fund consists of—

   1. (a)

      the amount in the Beekeeper's Compensation Fund on the repeal of the Apiaries Act 1931 paid into the Fund under the Livestock Regulations 1998; and

   2. (b)

      contributions paid or collected in accordance with these regulations; and

   3. (c)

      income of the Fund from investment; and

   4. (d)

      any other sums received by the Minister for payment into the Fund.

6Contributions to Fund

1. (1)

   Subject to this regulation, a person must, for each registration period (or part of a registration period) for which the person makes an application for registration or renewal of registration as a beekeeper, pay to the Minister as a contribution to the Fund an amount calculated at $1 for each hive kept by the person at the prescribed date.

2. (1a)

   The contribution must be paid at the time the application for registration or renewal of registration as a beekeeper is made.

3. (2)

   A person may, by notice in writing to the Minister, within the 12 months following a registration period in respect of which the person has paid contributions, make a claim for a refund in respect of those contributions.

4. (3)

   If the person satisfies the Minister that the person is entitled to a refund, the Minister must pay to the person an amount determined in accordance with the following formula:

where—

R is the amount of the refund;

C is the amount of contributions paid by the person in respect of the registration period for which the claim is made;

M is the number of whole months for which the person was registered as a beekeeper (and had paid contributions) in the registration period in respect of which the claim is made;

I is the annual short term interest for the financial year preceding the commencement of the registration period in respect of which the claim is made (as published by the Reserve Bank of Australia) expressed as a percentage.

1. (4)

   No contribution is payable by a person in respect of hives that are kept—

   1. (a)

      for the purposes of instruction in an educational institution approved by the Minister; or

   2. (b)

      for the purposes of a program approved by the Minister involving the keeping of hives at ports and the monitoring of those hives to detect the presence of disease.

2. (4a)

   No contribution is payable by a person who, on the prescribed date, keeps less than 5 hives.

3. (5)

   In this regulation—

prescribed date means—

1. (a)

   in relation to contributions to be paid by a person in respect of a registration period (or part of a registration period) for which the person makes an application for registration as a beekeeper, the date of the application;

2. (b)

   in relation to contributions to be paid by a person in respect of a registration period for which the person makes an application for renewal of registration as a beekeeper, 31 January preceding the registration period for which the application for renewal is made;

registration as a beekeeper means registration under section 17 of the Livestock Act 1997 as a beekeeper.

7Application of Fund

1. (1)

   The Fund may be applied by the Minister for any of the following purposes:

   1. (a)

      the undertaking of programs relating to the apiary industry or apiary products or any other aspect of the apiary industry that the Minister considers will benefit the apiary industry;

   2. (c)

      payment of the expenses of administering the Fund;

   3. (d)

      repayment of contributions to the Fund under regulation 6.

8Exclusion from benefits of person in default in relation to contributions

1. (1)

   A person who is in default in relation to contributions to the Fund is not entitled to receive direct benefits or services funded by payments from the Fund.

2. (2)

   A person is in default in relation to contributions to the Fund if, within the immediately preceding 2 registration periods—

   1. (a)

      all or some of the contributions payable to the Fund by the person have not been paid; or

   2. (b)

      the person has been refunded a contribution from the Fund.

Legislative history

Notes

• •

  Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.

• •

  Earlier versions of these regulations (historical versions) are listed at the end of the legislative history.

• •

  For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or of regulations

  The Primary Industry Funding Schemes (Apiary Industry Fund) Regulations 2001 were revoked by Sch 1 of the Primary Industry Funding Schemes (Apiary Industry Fund) Regulations 2016 on 1.9.2016.

  Principal regulations and variations

  Year	No	Reference	Commencement
  2001	1	Gazette 18.1.2001 p141	31.1.2001: r 2
  2008	317	Gazette 18.12.2008 p5696	18.12.2008: r 2
  2010	14	Gazette 11.2.2010 p739	11.2.2010: r 2
  2014	257	Gazette 30.10.2014 p6232	30.10.2014: r 2
  2015	239	Gazette 26.11.2015 p5109	15.2.2016: r 2

  Provisions varied

  Entries that relate to provisions that have been deleted appear in italics.

  Provision	How varied	Commencement
  r 2	omitted under Legislation Revision and Publication Act 2002	18.12.2008
  r 3
  registration period	inserted by 317/2008 r 4	18.12.2008
  varied by 239/2015 r 4	15.2.2016
  consultative committee	deleted by 257/2014 r 4	30.10.2014
  r 5	deleted by 257/2014 r 5	30.10.2014
  r 6
  r 6(1)	substituted by 14/2010 r 4	11.2.2010
  varied by 239/2015 r 5(1)	15.2.2016
  r 6(1a)	inserted by 14/2010 r 4	11.2.2010
  r 6(4)	varied by 257/2014 r 6(1), (2)	30.10.2014
  r 6(4a)	inserted by 239/2015 r 5(2)	15.2.2016
  r 6(5)
  registration period	deleted by 317/2008 r 5	18.12.2008
  r 7
  r 7(1)	varied by 257/2014 r 7(1)	30.10.2014
  (b) deleted by 257/2014 r 7(2)	30.10.2014
  r 7(2)	deleted by 317/2008 r 6	18.12.2008
  r 8	inserted by 317/2008 r 7	18.12.2008

  Historical versions

  18.12.2008

  11.2.2010

  30.10.2014