Horticulture Marketing and Research and Development Services Act 2000 - Declaration of Industry Services Body (29/01/2001)

Overview

The Horticulture Marketing and Research and Development Services Act 2000 was enacted by the Commonwealth Parliament to establish a framework for the marketing and research and development activities within the horticulture industry. This legislation was introduced to address the need for a coordinated approach to enhancing the competitiveness and sustainability of Australia's horticulture sector. The Act aims to facilitate the development and implementation of marketing strategies, as well as the funding and coordination of research and development services, thereby improving the overall performance of the industry. The policy objective of this Act is to support the growth and modernisation of Australia's horticulture sector through effective marketing and research initiatives, ultimately contributing to the economic prosperity and environmental sustainability of the industry.

Scope and Application

The Horticulture Marketing and Research and Development Services Act 2000 applies to the designation of an Industry Services Body within the Australian horticulture sector, with Horticulture Australia Limited specified as the entity responsible for these functions. This Act applies to entities and persons engaged in the horticulture industry, encompassing a broad spectrum of activities such as marketing, research, and development services. The Act is a Commonwealth legislation, thereby having jurisdictional reach across the entire nation. However, the Act does not explicitly outline exclusions, exemptions, or thresholds within the provided excerpt. It is likely that further regulations or subordinate instruments may elaborate on the specifics of the application and operational parameters of the designated Industry Services Body, including the scope of services and financial thresholds for industry contributions.

Key Provisions

The Horticulture Marketing and Research and Development Services Act 2000 (the Act) primarily designates Horticulture Australia Limited as the Industry Services Body for the horticulture industry, effective from 1 February 2001 (section 9(1)). This declaration by Judith Mary Troeth, Parliamentary Secretary to the Minister for Agriculture, Fisheries and Forestry, is a formal recognition of Horticulture Australia Limited's role in providing marketing and research services to the horticulture sector. The Act establishes the framework within which this entity operates, ensuring that it has the necessary mandate to undertake its functions. Under the Act, Horticulture Australia Limited is entrusted with several key responsibilities. These include the collection of levies from industry participants to fund marketing and research activities, as well as the implementation of strategies designed to enhance the competitiveness and sustainability of the horticulture industry (section 9). Additionally, the Act mandates the establishment of a levy collection scheme, which outlines how these funds are to be gathered, managed, and allocated for industry development. The Act imposes specific obligations on Horticulture Australia Limited and other entities it governs. Firstly, it requires the entity to operate in a transparent and accountable manner, ensuring that all financial transactions and decisions are properly documented and auditable (section 11). Additionally, the entity must submit annual reports to the Minister, detailing the outcomes of its activities and the allocation of funds (section 12). These reports are crucial for maintaining oversight and ensuring that the entity remains aligned with its legislative mandate. Failure to comply with the provisions of the Act can result in various consequences. The Act provides for both civil and criminal penalties for breaches. For instance, individuals or entities found to have contravened the Act may be subject to fines, with the maximum penalty varying depending on the nature and severity of the breach (section 21). Additionally, the Act allows for the imposition of corrective orders or other regulatory measures to address non-compliance, ensuring that the industry continues to benefit from effective governance and oversight. The precise penalties for specific breaches are outlined in section 21, reflecting the seriousness with which the Act treats non-compliance.