Primary Industry Funding Schemes (Cattle Industry Fund) (Miscellaneous) Variation Regulations 2019 (SA)

South Australia

Primary Industry Funding Schemes (Cattle Industry Fund) (Miscellaneous) Variation Regulations 2019

under the Primary Industry Funding Schemes Act 1998

Contents

Part 1—Preliminary

1            Short title

2            Commencement

3            Variation provisions

Part 2—Variation of Primary Industry Funding Schemes (Cattle Industry Fund) Regulations 2015

4            Variation of regulation 3—Interpretation

5            Revocation of regulation 6

6            Variation of regulation 10—Application of Fund

7           Variation of regulation 11—Exchange of information

8            Variation of regulation 14—Amount of compensation

9            Variation of regulation 15—Procedure for claiming compensation and determination of claim

Part 1—Preliminary

1—Short title

These regulations may be cited as the Primary Industry Funding Schemes (Cattle Industry Fund) (Miscellaneous) Variation Regulations 2019.

2—Commencement

These regulations come into operation on 7 November 2019.

3—Variation provisions

In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of Primary Industry Funding Schemes (Cattle Industry Fund) Regulations 2015

4—Variation of regulation 3—Interpretation

Regulation 3(1), definitions of compensable disease and consultative committee—delete the definitions and substitute:

compensable disease means—

(a)Bovine brucellosis; or

(b)Tuberculosis; or

(c)a disease declared by the Minister by notice in the Gazette to be a compensable disease for the purposes of these regulations;

5—Revocation of regulation 6

Regulation 6—delete the regulation

6—Variation of regulation 10—Application of Fund

Regulation 10(1)—delete subregulation (1) and substitute:

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

(a)payment of compensation and other amounts under Part 3;

(b)on the advice of a body that, in the opinion of the Minister, represents cattle producers, payments to that body for 1 or more of the following purposes:

(i)the reasonable operating and management expenses of the body;

(ii)promoting the cattle industry;

(iii)participation of the body in regional, State or national cattle industry forums;

(iv)undertaking of programs relating to cattle, cattle products or any aspect of the cattle industry;

(v)undertaking or facilitating research and development, or the collection and dissemination to cattle producers of information, relevant to the cattle industry and, in particular, to the improvement of practices in the industry;

(vi)fees for affiliation of the body with regional, State or national bodies representing or promoting the interests of the cattle producers;

(vii)other purposes of the body;

(c)payments for other purposes for the benefit of cattle producers;

(d)repayment of contributions to the Fund under regulation 7;

(e)payment of the expenses of administering the Fund (including expenses incurred in assessing compensation payable under these regulations and expenses incurred by an inspector under regulation 13 if those expenses exceed the proceeds of sale obtained under that regulation).

7—Variation of regulation 11—Exchange of information

1. Regulation 11—delete "10(e)" and substitute:

   10

2. Regulation 11—before its present contents as amended (now to be designated as subregulation (2)) insert:

   (1)The Minister may require a body to which payments are made out of the Fund under regulation 10 to provide the Minister with—

   (a)a copy of the financial statements of the body; and

   (b)a copy of the annual report of the body; and

   (c)a copy of any business plan of the body; and

   (d)any other information reasonably required for the purposes of these regulations.

8—Variation of regulation 14—Amount of compensation

1. Regulation 14(1)(b)—delete paragraph (b) and substitute:

   (b)for an animal destroyed for the purpose of controlling or eradicating some other compensable disease—an amount determined by the Minister by notice in the Gazette after consultation with a body that, in the opinion of the Minister, represents cattle producers.

2. Regulation 14(3)(c)—delete "the consultative committee" and substitute:

   a body that, in the opinion of the Minister, represents cattle producers

9—Variation of regulation 15—Procedure for claiming compensation and determination of claim

Regulation 15(5) and (6)—delete subregulations (5) and (6) and substitute:

(5)Before the Minister gives approval under subregulation (4), the Minister must consult a body that, in the opinion of the Minister, represents cattle producers.

(6)The Chief Inspector must, by written notice, inform all of the following of the Chief Inspector's determination of the claim:

(a)the claimant;

(b)the Minister;

(c)a body that, in the opinion of the Minister, represents cattle producers.

Note—

As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.

Made by the Governor

with the advice and consent of the Executive Council

on 7 November 2019

No 236 of 2019