Overview

The Horticulture Marketing and Research and Development Services Act 2000 was enacted to support the horticulture industry in Australia by providing funding for research and development activities. This legislation was introduced to address the need for systematic funding mechanisms to ensure the continued growth, innovation, and competitiveness of the horticulture sector. The Act was enacted by the Parliament of Australia, reflecting the policy objective of enhancing the horticulture industry through targeted research and development initiatives. The gross value of production for the horticulture industry for the 2012-2013 period, as determined by the Acting Secretary of the Department of Agriculture, Fisheries and Forestry, was $8,275,520,661, which was earmarked for research and development purposes to foster advancements within the sector. This determination ensures that the industry has the necessary resources to innovate and adapt to changing market conditions and technological advancements.

Scope and Application

The Horticulture Marketing and Research and Development Services Act 2000 applies specifically to the horticulture industry in Australia, mandating the collection of funds based on the gross value of production (GVP) to support research and development activities within this sector. This Act ensures that a financial contribution, calculated from the gross value of production, is made by entities within the horticulture industry to fund research and development initiatives. For the 2012–2013 financial year, the Gross Value of Production was determined to be $8,275,520,661, which is payable for such activities. The legislation's application is nationwide, covering all horticultural activities across Australia, and it applies to entities involved in the production, marketing, and research within the horticulture industry. Notably, the Act does not specify exclusions or exemptions, implying that all eligible entities within the scope of the horticulture industry must contribute. The application of the Act can be further extended or clarified through subordinate instruments, which may provide additional details on compliance and enforcement mechanisms.

Key Provisions

The primary operative section of this legislation, section 16(7D) of the Horticulture Marketing and Research and Development Services Act 2000, mandates the determination of the Gross Value of Production (GVP) for the horticulture industry for the specified financial year. This determination is crucial as it sets the basis for funding allocations for research and development activities within the industry. The GVP for the 2012–2013 period, as determined by Rona Mellor, Acting Secretary of the Department of Agriculture, Fisheries and Forestry, is $8,275,520,661. This figure represents the total value of production from horticulture activities and serves as the financial foundation for the industry's research and development initiatives. The Act imposes specific obligations on the parties involved, primarily the Department of Agriculture, Fisheries and Forestry. It mandates that the Acting Secretary must determine the GVP for the horticulture industry annually. This determination process must be transparent, accurate, and based on reliable data to ensure that the funds allocated for research and development are commensurate with the industry's economic output. Furthermore, the determination must be made in accordance with the stipulated provisions of the Act, ensuring that all relevant factors are considered and documented appropriately. In terms of enforcement and compliance, the legislation does not explicitly outline specific offences or penalties for breaches of its provisions. However, the determination of the GVP is a critical function that underpins the allocation of funds for research and development. Any failure to accurately determine the GVP could potentially lead to misallocation of funds, which might have broader implications for the industry's ability to invest in research and development. While the legislation does not specify criminal or civil penalties for incorrect GVP determination, the importance of accuracy and compliance cannot be overstated, as it directly impacts the industry's growth and innovation capabilities.