Overview

The Horticulture Marketing and Research and Development Services Act 2000 was enacted to address the need for a structured approach to marketing and research and development services within the Australian horticulture industry. This Act provides a legislative framework to ensure that the horticulture sector can effectively compete in both domestic and international markets by fostering innovation and improving market access. The enacting body was the Parliament of Australia, aiming to enhance the competitiveness and sustainability of the horticulture industry. This was achieved through a policy objective of supporting the industry's growth and development, ensuring that growers can benefit from research and development initiatives and effective marketing strategies. The determination of the Gross Value of Production for 2016-17, as detailed in the 2017 Gazette, reflects the industry's economic contribution and supports informed decision-making in policy and funding allocations.

Scope and Application

The Horticulture Marketing and Research and Development Services Act 2000 applies to entities and persons involved in the horticulture industry, specifically those engaged in the production of horticultural commodities. This Act extends to the whole of Australia, thereby encompassing all states and territories within its jurisdiction. It sets out provisions for the collection and publication of the Gross Value of Production (GVP) for the horticulture industry. The GVP determinations are made by a delegate of the Secretary of the Department of Agriculture and Water Resources, as demonstrated in this instance by Fran Freeman, who is a delegate authorised under the Act. The Act does not specify any exclusions, exemptions, or thresholds within the GVP determination process itself, but it may be subject to further regulation or modification through subordinate instruments that could define specific industry standards, levy collection, or other operational details. The stated GVP amount for the horticulture industry for 2016-17 is $9,106,302,350, which reflects the economic contribution of the sector during that financial year.

Key Provisions

The Gross Value of Production for the Horticulture Industry for the year 2016-17 is determined under section 16(7A) of the Horticulture Marketing and Research and Development Services Act 2000. This legislation requires the assessment and declaration of the gross value of production for the horticulture industry, with the current determination being $9,106,302,350, as outlined in the Gazette C2017G00778. This figure represents the total value of horticultural produce generated during the specified period. The determination is made by Fran Freeman, a delegate of the Secretary of the Department of Agriculture and Water Resources, under the authority granted by section 32(2) of the Act. The Horticulture Marketing and Research and Development Services Act 2000 imposes specific obligations on parties and entities involved in the horticulture industry. These include the requirement for the Secretary to determine the gross value of production for the industry annually. The Act mandates that this determination be made in accordance with the prescribed methodology and be published in the Gazette, ensuring transparency and accountability in the reporting of industry production values. The Act also requires that any changes or updates to the methodology for calculating the gross value of production be communicated and implemented appropriately to maintain the integrity of the data. Failure to comply with the provisions of the Horticulture Marketing and Research and Development Services Act 2000 may result in civil or criminal consequences. While the specific offences and penalties are not detailed in the Gazette C2017G00778, breaches of legislative requirements in similar acts often involve penalties that can range from fines to more severe sanctions, depending on the nature and severity of the breach. The Act provides a framework for enforcing compliance, ensuring that the horticulture industry operates within the bounds of the law, and the determination of the gross value of production is accurate and reliable.