Animal Health Australia and Plant Health Australia Funding Legislation Amendment Act 2022

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au C2022A00090 In force Act

Legislation content

 

 

 

 

 

 

Animal Health Australia and Plant Health Australia Funding Legislation Amendment Act 2022

 

No. 90, 2022

 

 

 

 

 

An Act to amend the law relating to the funding of Australian Animal Health Council Limited and Plant Health Australia Limited, and for related purposes

 

 

Contents

1 Short title

2 Commencement

3 Schedules

Schedule 1—Amendments

Australian Animal Health Council (Live‑stock Industries) Funding Act 1996

Horticulture Marketing and Research and Development Services Act 2000

Plant Health Australia (Plant Industries) Funding Act 2002

Primary Industries Research and Development Act 1989

 

 

Animal Health Australia and Plant Health Australia Funding Legislation Amendment Act 2022

No. 90, 2022

 

 

 

An Act to amend the law relating to the funding of Australian Animal Health Council Limited and Plant Health Australia Limited, and for related purposes

[Assented to 13 December 2022]

The Parliament of Australia enacts:

1  Short title

  This Act is the Animal Health Australia and Plant Health Australia Funding Legislation Amendment Act 2022.

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 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.  The whole of this Act

The day after this Act receives the Royal Assent.

14 December 2022

Note: This table relates only to the provisions of this Act as originally enacted.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  Schedules

  Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Amendments

 

Australian Animal Health Council (Live‑stock Industries) Funding Act 1996

1  Section 3

Insert:

emergency biosecurity response deed means:

 (a) the EADR agreement; or

 (b) a deed:

 (i) that relates to an emergency biosecurity response; and

 (ii) that is prescribed by the regulations for the purposes of this subparagraph.

2  Subsection 4(5)

Repeal the subsection, substitute:

 (5) The third priority is to apply the Commonwealth payment in making, on behalf of a non‑government body that is a party to an emergency biosecurity response deed and is concerned with the production of the animal product, a payment to the Commonwealth for the purpose of discharging a liability of the body to the Commonwealth that arises under that deed.

3  At the end of the Act

Add:

8  Regulations

  The Governor‑General may make regulations prescribing matters:

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

 (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.

4  Application provision

The repeal and substitution of subsection 4(5) of the Australian Animal Health Council (Live‑stock Industries) Funding Act 1996 made by this Schedule applies in relation to payments made by the Australian Animal Health Council on or after the commencement of this item.

Horticulture Marketing and Research and Development Services Act 2000

5  Subsection 16(1) (note 1)

Omit “Note 1”, substitute “Note”.

6  Subsection 16(1) (note 2)

Repeal the note.

Plant Health Australia (Plant Industries) Funding Act 2002

7  Section 3 (definition of fundable contribution liability)

Repeal the definition.

8  Section 3 (definition of primary levy or charge)

Repeal the definition.

9  Section 3 (definition of relevant Plant Industry Member)

Repeal the definition, substitute:

relevant Plant Industry Member, for an EPPR plant product, has the meaning given by section 3A.

10  At the end of Part 1

Add:

3A  Definition of relevant Plant Industry Member

 (1) For the purposes of this Act, relevant Plant Industry Member, for an EPPR plant product, means a body determined in an instrument under subsection (2) in relation to that EPPR plant product.

 (2) The Secretary of the Department may, by notifiable instrument, determine one or more bodies in relation to one or more specified EPPR plant products.

 (3) The Secretary of the Department must not determine a body in relation to an EPPR plant product unless:

 (a) the body is a Plant Industry Member; and

 (b) the Secretary is satisfied that the body represents the industry for that EPPR plant product in the body’s role as a Plant Industry Member.

 (4) The Secretary of the Department may, by writing, delegate the Secretary’s power under subsection (2) to an SES employee, or an acting SES employee, in the Department.

11  Part 2 (heading)

Repeal the heading, substitute:

Part 2—Funding for PHA

12  Sections 4 and 5

Repeal the sections, substitute:

4  Funding for PHA

Total PHA levy or charge receipts

 (1) The Commonwealth is to pay to PHA an amount equal to the total PHA levy or charge receipts from each PHA plant product for a PHA year.

Total PHA penalty receipts

 (2) The Commonwealth is to pay to PHA an amount equal to the total PHA penalty receipts from each PHA plant product for a PHA year.

13  Section 6

Omit “sections 4 and 5”, substitute “section 4”.

14  Section 7

Repeal the section.

15  Paragraph 8(1)(b)

Repeal the paragraph, substitute:

 (b) the costs the Commonwealth incurs in administering section 4 in relation to the plant product and year.

16  Subsection 8(2) (heading)

Repeal the heading, substitute:

Setting off liabilities under subsection (1) against liabilities under section 4

17  Subsection 8(2)

Omit “or 5”.

18  Subsection 8(3)

Repeal the subsection.

19  Subsection 9(3)

Omit “or 5”.

20  Subsection 9(4) (heading)

Repeal the heading, substitute:

Setting off liabilities under subsection (3) against liabilities under section 4

21  Subsection 9(4)

Omit “or 5”.

22  Subsection 9(5)

Repeal the subsection.

23  Section 10

Repeal the section.

24  Subsection 10C(4)

Omit “the relevant Plant Industry Member, to discharge any liability of the Member to the Commonwealth under the EPPR Deed in relation to the EPPR plant product”, substitute “a relevant Plant Industry Member for the EPPR plant product referred to in subsection (1), to discharge any liability of that member to the Commonwealth under the EPPR Deed in relation to that EPPR plant product”.

25  Subsection 10C(5)

Omit “the relevant Plant Industry Member, in accordance with a request by the Member, to discharge any liability of the Member to the Commonwealth under the EPPR Deed in relation to any other EPPR plant product for which the Member is the relevant Plant Industry Member”, substitute “a relevant Plant Industry Member for the EPPR plant product referred to in subsection (1), in accordance with a request by that member, to discharge any liability of that member to the Commonwealth under the EPPR Deed in relation to any other EPPR plant product for which that member is a relevant Plant Industry Member”.

26  Subsection 10C(6)

Repeal the subsection, substitute:

Fourth priority: promotion or maintenance of plant health

 (6) The fourth priority is to make payments to any person, in accordance with a request by a relevant Plant Industry Member for the EPPR plant product referred to in subsection (1), for any other purpose relating to the promotion or maintenance of the health of:

 (a) that EPPR plant product; or

 (b) any other EPPR plant product for which that member is a relevant Plant Industry Member.

27  Subsection 10C(7)

Omit “the relevant Plant Industry Member”, substitute “a relevant Plant Industry Member”.

28  Subsection 10G(5)

Omit “the relevant Plant Industry Member”, substitute “a relevant Plant Industry Member”.

29  Section 11

Repeal the section.

30  Application provisions

(1) The amendments made by items 7 to 9 and 11 to 23 apply in relation to the PHA year in which this item commences and each later PHA year.

(2) The amendments of section 10C of the Plant Health Australia (Plant Industries) Funding Act 2002 made by this Schedule apply in relation to payments made by PHA on or after the commencement of this item.

(3) The amendment of section 10G of the Plant Health Australia (Plant Industries) Funding Act 2002 made by this Schedule applies in relation to a notice given under subsection 10G(2) of that Act on or after the commencement of this item.

Primary Industries Research and Development Act 1989

31  Subsection 30(1) (note)

Repeal the note.

(89/22)

 

 

 

 

[Minister’s second reading speech made in—

House of Representatives on 28 September 2022

Senate on 30 November 2022]

 

 

 

Overview

The Animal Health Australia and Plant Health Australia Funding Legislation Amendment Act 2022 was enacted by the Parliament of Australia to address issues related to the funding of the Australian Animal Health Council Limited and Plant Health Australia Limited, as well as to refine the legal frameworks governing their operations. This Act aims to update and streamline the funding mechanisms and regulatory aspects associated with these entities, ensuring they can effectively manage biosecurity and plant health initiatives. The primary objective is to enhance the efficiency and effectiveness of biosecurity responses and plant health management in Australia by providing clearer and more flexible funding structures. The Act amends existing legislation, including the Australian Animal Health Council (Livestock Industries) Funding Act 1996, the Horticulture Marketing and Research and Development Services Act 2000, and the Plant Health Australia (Plant Industries) Funding Act 2002. It introduces new definitions, modifies priorities for the allocation of funds, and removes outdated provisions to better align with current operational needs and regulatory standards. By enacting this legislation, the Australian government seeks to support the critical role of Animal Health Australia and Plant Health Australia in safeguarding the nation’s animal and plant industries against pests and diseases.

Scope and Application

The Animal Health Australia and Plant Health Australia Funding Legislation Amendment Act 2022 amends the funding provisions for Australian Animal Health Council Limited and Plant Health Australia Limited, aiming to enhance their capacity to manage animal and plant health issues. This Act applies to entities such as the Australian Animal Health Council Limited and Plant Health Australia Limited, focusing on their funding mechanisms and operational priorities. The scope of this legislation extends to the Commonwealth jurisdiction, impacting the funding structure and operational directives for these councils. Exclusions or exemptions from the application of this Act are not explicitly stated, meaning it broadly applies to the entities specified unless otherwise regulated by subordinate instruments or other legislation. Subordinate instruments may further extend or restrict the application of this Act, allowing for additional regulations or clarifications necessary for effective implementation.

Key Provisions

The Animal Health Australia and Plant Health Australia Funding Legislation Amendment Act 2022 makes significant amendments to the funding mechanisms for Australian Animal Health Council Limited and Plant Health Australia Limited. Firstly, section 3 of the Australian Animal Health Council (Livestock Industries) Funding Act 1996 is amended to include a definition of "emergency biosecurity response deed" (section 1 of Schedule 1). This definition clarifies that an emergency biosecurity response deed can either be the EADR agreement or a deed prescribed by regulations for the purposes of an emergency biosecurity response. Additionally, subsection 4(5) of the same Act is repealed and replaced to adjust the priority of applying Commonwealth payments, ensuring that payments are made to the Commonwealth for liabilities arising under an emergency biosecurity response deed (section 2 of Schedule 1). The legislation also imposes obligations on the parties involved. For instance, the Plant Health Australia (Plant Industries) Funding Act 2002 is amended to allow the Secretary of the Department to determine relevant Plant Industry Members for specified EPPR plant products by notifiable instrument (section 3A of Schedule 1). This determination must be made only if the body represents the industry for that EPPR plant product in its role as a Plant Industry Member. The Secretary may also delegate this power to an SES employee or acting SES employee in the Department (section 3A(4) of Schedule 1). In terms of consequences for non-compliance, the Act does not explicitly detail offences, penalties, or civil/criminal consequences for breach. However, given the nature of the amendments, any failure to comply with the regulatory requirements or the determination of relevant Plant Industry Members could potentially lead to disputes or legal actions related to the improper allocation of funds or mismanagement of liabilities. Such breaches might result in financial penalties or legal consequences depending on the specific circumstances and the applicable laws governing administrative compliance and funding mechanisms.

Legal classification tags

Area of Law
Animal Law
Environmental Law
Instrument
Act
Concepts
Commencement Provisions
Repeal & Amendment
Regulatory Standards
Reporting & Disclosure Obligations

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.