Primary Industry Funding Schemes (Apiary Industry Fund) Regulations 2016 (SA)

South Australia

Primary Industry Funding Schemes (Apiary Industry Fund) Regulations 2016

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 2016.

3Interpretation

In these regulations, unless the contrary intention appears—

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;

revoked regulations means the Primary Industry Funding Schemes (Apiary Industry Fund) Regulations 2001.

4South Australian Apiary Industry Fund

1. (1)

   The South Australian Apiary Industry Fund (the Fund) established under the revoked regulations continues in existence.

2. (2)

   The Fund will continue to 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 the revoked regulations; and

   3. (c)

      contributions paid or collected in accordance with these regulations; and

   4. (d)

      income of the Fund from investment; and

   5. (e)

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

5Contributions 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 date of the application.

2. (2)

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

3. (3)

   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. (4)

   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. (5)

   No contribution is payable—

   1. (a)

      by a person who, on the date of the application for registration or renewal of registration as a beekeeper, keeps less than 5 hives; or

   2. (b)

      in respect of hives that are kept—

      1. (i)

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

      2. (ii)

         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. (6)

   In this regulation—

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

6Application of Fund

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. (b)

   payment of the expenses of administering the Fund;

3. (c)

   repayment of contributions to the Fund under regulation 5.

7Exclusion 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

• •

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

  The Primary Industry Funding Schemes (Apiary Industry Fund) Regulations 2016 revoked the following:

  Primary Industry Funding Schemes (Apiary Industry Fund) Regulations 2001

  Principal regulations and variations

  New entries appear in bold.

  Year	No	Reference	Commencement
  2016	196	Gazette 18.8.2016 p3279	1.9.2016: r 2
  2021	133	Gazette 2.9.2021 p3467	2.9.2021: r 2

  Provisions varied

  New entries appear in bold.

  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	2.9.2021
  r 5
  r 5(1)	varied by 133/2021 r 4(1)	2.9.2021
  r 5(5)	varied by 133/2021 r 4(2)	2.9.2021
  r 5(6)
  prescribed date	deleted by 133/2021 r 4(3)	2.9.2021
  Sch 1	omitted under Legislation Revision and Publication Act 2002	2.9.2021