Gross Value of Production for the Horticulture Industry for 2021-22

Overview

The Horticulture Marketing and Research and Development Services Act 2000 was enacted to facilitate the development of a sustainable and competitive horticulture industry in Australia. This Act was introduced to address the need for a coordinated approach to marketing and research and development services within the horticulture sector, aiming to improve productivity, market access, and innovation. The Act was passed by the Parliament of Australia and its primary policy objective is to enhance the efficiency and effectiveness of the horticulture industry through better market access, research, and development initiatives. The Act provides a legislative framework that enables the establishment of levies on horticulture products to fund marketing and research activities that benefit the entire industry. The Gross Value of Production for the horticulture industry for the 2021-22 financial year has been determined under the authority of this Act, reflecting the economic significance and scope of the industry within Australia.

Scope and Application

The Horticulture Marketing and Research and Development Services Act 2000 applies to entities and individuals involved in the Australian horticulture industry. This includes growers, producers, processors, exporters, and marketers who are engaged in the production, marketing, and development of horticulture products. The Act aims to promote and enhance the competitiveness and efficiency of the horticulture industry, including research and development initiatives. The legislation operates on a Commonwealth level, thus it applies nationally across Australia. However, the Act may interact with state and territory laws where applicable. There are no specific exclusions or exemptions mentioned in the provided excerpt, but it is likely that certain transactions or entities may be subject to conditions or regulations under subordinate instruments, which could further define the scope of the Act. These instruments may extend or restrict the application of the Act by providing additional details or specific guidelines for compliance.

Key Provisions

The main operative sections of the Horticulture Marketing and Research and Development Services Act 2000 (the Act) include section 16, which allows the Secretary or their delegate to determine the Gross Value of Production (GVP) for the horticulture industry each financial year, and section 16(7A), which specifies the method for determining this amount. In this context, section 16(7A) permits the delegate to ascertain the GVP by considering various factors, including production data and market analysis. This determination is essential as it underpins the financial framework for the industry's marketing and research activities. For the financial year 2021-22, Alison Curran, the delegate of the Secretary, determined the GVP to be $12,210,154,642, as per subsection 16(7A). The Act imposes several obligations and requirements on the parties it governs. Primarily, it mandates the delegate to accurately determine the GVP for the horticulture industry annually. This determination must be based on comprehensive data collection and analysis, ensuring that the GVP reflects the true economic value of the industry's production. Additionally, the Act requires the delegate to communicate this determination to relevant stakeholders, including industry participants and government bodies, to facilitate informed decision-making and funding allocation for marketing and research initiatives. The Act also mandates that the GVP determination process be transparent and justifiable, with clear documentation and rationale provided for the figures announced. Failure to comply with the provisions of the Act can result in various consequences. While the Act itself does not explicitly outline specific offences or penalties for non-compliance, breaches of related administrative processes or incorrect determinations can lead to legal challenges or administrative reviews. Furthermore, inaccurate GVP determinations can have broader implications, such as misallocation of funds or skewed industry support, potentially leading to civil actions or disputes among stakeholders. It is important for the delegate and relevant parties to adhere strictly to the statutory requirements to avoid these potential repercussions.