Overview

The Horticulture Marketing and Research and Development Services Act 2000 was enacted by the Australian Parliament to address the need for a dedicated framework that supports the marketing, research, and development activities within the horticulture industry. This legislation was crucial in establishing a mechanism through which the gross value of production (GVP) could be determined and allocated towards industry-specific research and development initiatives. The Act empowers the Secretary of the Department of Agriculture to make determinations regarding the GVP, which is then used to fund various activities aimed at enhancing productivity and sustainability within the horticulture sector. The policy objective behind the Act is to foster innovation, improve market competitiveness, and ensure the long-term viability of the horticulture industry by providing necessary financial support for research and development efforts.

Scope and Application

The Horticulture Marketing and Research and Development Services Act 2000 governs the collection and allocation of funds for research and development within the Australian horticulture industry. This Act applies to all entities involved in the production of horticultural products, including growers, producers, and other industry stakeholders. The scope of the Act is national, as it operates across all states and territories within Australia. The legislation mandates the calculation of the Gross Value of Production (GVP), which is used to determine the funds allocated for research and development activities. The Act does not specify exclusions or exemptions for certain entities or transactions but instead applies broadly to all participants in the horticulture sector. The Act allows for the determination of GVP through subordinate instruments, such as the revocation and re-determination of previous GVP figures, as demonstrated by the gazetted notice. This ensures that the allocated funds accurately reflect the current economic output of the industry.

Key Provisions

The main operative sections of this legislation (sections 32(2) and 16(7A) of the Horticulture Marketing and Research and Development Services Act 2000) pertain to the authority of the delegate of the Secretary of the Department of Agriculture to revoke a previous determination of the Gross Value of Production (GVP) for the horticulture industry and to make a new determination. Specifically, Matthew Koval, as a delegate, revoked the determination of the GVP made on 27 June 2014 and subsequently determined the new GVP for 2013-14 to be $8,777,112,803. This new figure represents the total value of production for the horticulture industry for the specified period and will be used for funding research and development activities within the industry. The Act imposes specific obligations and requirements on the parties or entities it governs. Under section 32(2), Matthew Koval, as a delegate, has the authority to make such determinations, which are crucial for allocating funds for industry research and development. The obligation here is to ensure that the GVP determination is accurate and reflects the true value of production, which is essential for fair and effective funding distribution. Furthermore, section 16(7A) of the Act provides the framework within which these determinations must be made, ensuring that the process is transparent, fair, and based on reliable data. In terms of potential offences, penalties, or consequences for breach, the Act does not explicitly outline specific penalties for errors in the GVP determination. However, the importance of accuracy and reliability in these determinations suggests that any significant inaccuracies could lead to scrutiny, review, or corrective actions. While the Act does not specify maximum penalties, the consequences of an incorrect GVP could include financial mismanagement, affecting the allocation of funds for research and development activities, and potentially leading to legal or administrative reviews to correct the determination. Additionally, the obligation to provide accurate and reliable data for the GVP determination is critical. Failure to comply with this requirement could result in the delegate's determination being challenged or overturned, necessitating a revised determination. Although the Act does not detail specific civil or criminal consequences for breaches, the potential impact on the funding of research and development activities within the horticulture industry underscores the importance of adherence to the legislative requirements. Overall, the legislation focuses on ensuring that the Gross Value of Production for the horticulture industry is accurately determined to facilitate proper funding for research and development activities. The obligations placed on the delegate include making an accurate and reliable determination, while any breaches of these requirements could lead to scrutiny and corrective actions, although specific penalties are not detailed in the Act.