Plant Health Australia (Plant Industries) Funding Determination 2005

Overview

The Plant Health Australia (Plant Industries) Funding Determination 2005, issued by the authority of the Parliamentary Secretary to the Minister for Agriculture, Fisheries and Forestry, was introduced to address the need for a clear framework for the apportionment of funds raised through levies and charges imposed on plant products to Plant Health Australia (PHA) under the Plant Health Australia (Plant Industries) Funding Act 2002. This legislation was enacted to ensure that the funds collected from these levies and charges are appropriately allocated to the respective designated bodies, which are the Plant Industry Members such as the Grains Council of Australia Inc. and the Australian Vegetable and Potato Growers' Federation Inc., based on the products they represent. The policy objective is to provide a transparent and advisory-based method for determining the proportion of yearly contributions for each plant product where multiple products share the same designated body. This ensures that the funds are distributed fairly and in accordance with PHA's advice, thus supporting the operational needs of the designated bodies effectively.

Scope and Application

The Plant Health Australia (Plant Industries) Funding Act 2002, supplemented by the Plant Health Australia (Plant Industries) Funding Determination 2005, governs the appropriation of funds collected through levies and charges imposed on plant products to Plant Health Australia (PHA). The Act applies to Plant Industry Members, including entities such as the Grains Council of Australia Inc. (GCA) and the Australian Vegetable and Potato Growers’ Federation Inc. (AUSVEG), who are designated by the Minister as the bodies responsible for specific plant products. These designated bodies are obligated to contribute a yearly amount to PHA, which is funded by the levies on the respective plant products. The Act allows the Minister to determine the proportion of each designated body's yearly contribution that relates to multiple plant products, based on PHA's advice. The Determination sets out the specific percentages for GCA and AUSVEG for the 2004-2005 period, ensuring that the contributions are allocated appropriately according to PHA's guidance. The Determination, which came into effect on the day after its registration, delineates the exact proportions of the yearly contributions for 2005-06 for GCA and AUSVEG across the various plant products for which they are designated. This legislative framework ensures that funds are appropriately managed and distributed to support PHA’s activities, thereby supporting the plant industries in Australia. The Act operates under the Commonwealth jurisdiction and applies nationally, with no exclusions or exemptions specified within the text, though it may be subject to further regulation or modification through subordinate instruments.

Key Provisions

The Plant Health Australia (Plant Industries) Funding Determination 2005 (the Determination) provides specific details on how funds raised through levies and charges on plant products are to be allocated to Plant Health Australia (PHA) and its designated bodies. Section 1 of the Determination names it as the Plant Health Australia (Plant Industries) Funding Act 2002 Determination 2005, while Section 2 states that the Determination will commence on the day after it is registered. The primary purpose of the Determination, as outlined in Section 3 and Section 4, is to allocate the yearly contributions of designated bodies such as the Grains Council of Australia Inc. (GCA) and the Australian Vegetable and Potato Growers’ Federation Inc. (AUSVEG) between the various plant products for which they are responsible. The Determination imposes specific obligations on the Minister for Agriculture, Fisheries and Forestry. According to Section 10(3) of the Act, the Minister must determine the proportion of the yearly contribution that relates to each plant product when two or more PHA plant products share the same designated body. This must be done by publishing a notice in the Gazette and taking into account PHA's advice on the proportions. The Determination itself sets out these proportions for GCA and AUSVEG for the 2004-2005 period, ensuring that the funds raised from levies and charges on each plant product are accurately allocated to the designated bodies for their respective contributions to PHA. Failure to comply with the provisions of the Determination and the underlying Act could result in legal consequences. However, the Determination does not explicitly outline specific offences, penalties, or consequences for breach. The Act itself, however, may impose penalties or other legal consequences for non-compliance with its provisions. As a general rule, breaches of legislation enacted under the Australian Constitution can lead to civil or criminal penalties, depending on the nature and severity of the breach. Civil penalties may include fines, while criminal penalties can include imprisonment, depending on the specific provisions of the Act and any related laws. The maximum penalties would be determined by the relevant courts based on the nature and circumstances of the breach.