Overview

The Pig Industry Act 2001 was enacted to provide a framework for the regulation and development of the pig industry in Australia, aiming to ensure its sustainability and growth. This Act addresses the need for a coordinated approach to managing and enhancing the pig industry, including the allocation of funds for research and development activities that benefit the industry as a whole. The determination of the Gross Value of Production (GVP) for the pig industry for the financial year 2014-15, as published in Gazette C2015G01190, is an example of how the Act is implemented. Fran Freeman, as a delegate of the Minister for Agriculture, determined the GVP amount of $1,056,205,350 for the specified period, reflecting the industry's economic contribution and facilitating targeted investments in research and development, thereby supporting the policy objective of fostering a robust and innovative pig industry.

Scope and Application

The Pig Industry Act 2001 applies to all entities engaged in the pig industry within Australia, including producers, processors, and other stakeholders involved in the production, processing, and distribution of pigs and pig products. This Act specifically mandates the collection of a research and development levy from the industry to fund research and development activities. The geographic reach of the Act is national, applying uniformly across all states and territories. The levy is determined annually based on the gross value of production for the previous financial year, as exemplified by the determination for the 2014-15 financial year, which sets the gross value of production at $1,056,205,350. This levy is a compulsory charge imposed on all industry participants, and no exclusions or exemptions are explicitly stated in the Act, implying that all entities within the scope must comply. The Act’s application is further extended through subordinate instruments, which detail the specific mechanisms and procedures for levy collection and distribution.

Key Provisions

The primary sections of this legislation, C2015G01190, pertain to the determination of the Gross Value of Production (GVP) for the pig industry for the financial year 2014-15, as outlined in subsection 43(1) of the Pig Industry Act 2001. According to the gazette, the GVP for the pig industry is set at $1,056,205,350, which is to be allocated for research and development activities. This determination is made by Fran Freeman, a delegate of the Minister for Agriculture, under the authority granted by subsection 10(8)(a) of the Act (subsections 43(1) and 10(8)(a)). The Act imposes certain obligations and requirements on the entities governed by it. It mandates the calculation and declaration of the GVP for the pig industry, which is to be used for specified research and development purposes. The authority to make such determinations is vested in a delegate of the Minister for Agriculture, ensuring that the figures are officially recognised and implemented for their intended purposes. The determination process must adhere to the provisions of the Pig Industry Act 2001, ensuring that the calculated GVP is accurately reflected and allocated. In terms of potential consequences, while the gazette itself does not outline specific offences, penalties, or civil or criminal consequences for non-compliance, the underlying Pig Industry Act 2001 may contain provisions that address such matters. The Act may impose penalties for failure to comply with the requirements for the calculation and allocation of the GVP, or for any other breaches of the provisions outlined within the Act. These penalties could include fines or other sanctions, the specifics of which would be detailed within the Pig Industry Act 2001. The maximum penalties would be determined by the Act, and would depend on the nature and severity of the breach.