EXPLANATORY STATEMENT
Issued by the Authority of the Parliamentary Secretary to the Minister for Agriculture, Fisheries and Forestry
Plant Health Australia (Plant Industries) Funding Act 2002
Plant Health Australia (Plant Industries) Funding Determination 2006
The Plant Health Australia (Plant Industries) Funding Act 2002 (the Act) provides for funds raised by Plant Health Australia (PHA) levies and charges imposed on plant products to be appropriated to PHA.
The Minister is able to declare a PHA Plant Industry Member to be the designated body for a plant product. The funds raised through the levy or charge on that plant product are used to discharge the Plant Industry Member’s yearly contribution to PHA.
Section 10(3) of the Act provides that where two or more PHA plant products have the same designated body, the Minister must, by notice published in the Gazette, determine what proportion of the yearly contribution relates to each of the plant products. The Minister must have regard to PHA’s advice on the proportions.
The Grains Council of Australia Inc. (GCA) and the Australian Vegetable and Potato Growers’ Federation Inc. (AUSVEG) are Plant Industry Members that are designated bodies for two or more plant products.
The Determination apportions – in percentage terms – GCA’s and AUSVEG’s yearly contributions to PHA for 2006-2007 between each of the plant products for which they are the designated bodies. The proportions are in accord with PHA’s advice.
Section 1 provides for the name of the Determination to be the Plant Health Australia (Plant Industries) Funding Act 2002 Determination 2006.
Section 2 provides for the Determination to commence on the day after it is registered.
Section 3 identifies the proportions of the PHA yearly contribution of the GCA for 2006-07 that relate to each plant product for which the GCA is the designated body.
Section 4 identifies the proportions of the PHA yearly contribution of AUSVEG for 2006-07 that relate to each plant product for which AUSVEG is the designated body.
Overview
The Plant Health Australia (Plant Industries) Funding Act 2002 was enacted to establish a funding mechanism whereby levies and charges imposed on plant products are collected and appropriated to Plant Health Australia (PHA). This legislation allows the Minister to designate specific bodies, known as Plant Industry Members, to manage the funds collected from these levies and charges. The primary objective of the Act is to ensure that the contributions of these designated bodies to PHA are accurately apportioned based on the specific plant products they represent, thereby facilitating efficient and targeted funding for plant health initiatives. The Plant Health Australia (Plant Industries) Funding Determination 2006 further clarifies the allocation of yearly contributions from the Grains Council of Australia Inc. (GCA) and the Australian Vegetable and Potato Growers’ Federation Inc. (AUSVEG) for the year 2006-2007, in accordance with PHA’s advice, to ensure transparent and equitable distribution of funds across different plant products.
Scope and Application
The Plant Health Australia (Plant Industries) Funding Act 2002 applies to funds raised through levies and charges imposed on plant products, which are then appropriated to Plant Health Australia (PHA). This Act allows the Minister to designate a PHA Plant Industry Member as the designated body for a particular plant product, with the funds collected from the levy or charge on that plant product being used to discharge the designated body's yearly contribution to PHA. For instance, the Grains Council of Australia Inc. (GCA) and the Australian Vegetable and Potato Growers' Federation Inc. (AUSVEG) are Plant Industry Members designated for multiple plant products. The Plant Health Australia (Plant Industries) Funding Determination 2006 further specifies the proportions of each designated body's yearly contributions to PHA for 2006-2007, in accordance with PHA's advice, and these are detailed in sections 3 and 4 of the Determination. The Determination comes into effect on the day following its registration, as stipulated in section 2.
Key Provisions
The Plant Health Australia (Plant Industries) Funding Determination 2006 sets out how funds raised through levies and charges on plant products are to be allocated to Plant Health Australia (PHA) for the year 2006-2007. Section 1 names the determination as the Plant Health Australia (Plant Industries) Funding Act 2002 Determination 2006 and stipulates that it commences the day after it is registered. Sections 3 and 4 detail the proportion of the yearly contribution of two designated bodies, the Grains Council of Australia Inc. (GCA) and the Australian Vegetable and Potato Growers’ Federation Inc. (AUSVEG), allocated to each plant product they are responsible for. This apportionment is made in line with advice from PHA, ensuring that each plant product's share of the levy is accurately reflected in the contributions made by these bodies.
Under the Act, the Minister has the authority to designate a PHA Plant Industry Member as the designated body for specific plant products, as outlined in Section 10(3). This means that any funds raised through levies or charges on these products will be used to cover the yearly contribution of the designated body to PHA. In cases where a single Plant Industry Member is designated for multiple plant products, the Minister is required to determine the proportion of the yearly contribution attributable to each product by publishing a notice in the Gazette. This determination must take into account PHA's advice on the appropriate proportions.
The obligations imposed by the Determination on the GCA and AUSVEG, as designated bodies, include adhering to the specified proportions for their yearly contributions to PHA. These bodies must ensure that their contributions reflect the accurate share allocated to each plant product for which they are responsible. This is crucial for maintaining the integrity of the funding system and ensuring that all plant products receive the necessary support from PHA.
Failure to comply with the requirements set out in the Determination can result in legal consequences. Although the Act does not explicitly state penalties for non-compliance, breaches of such determinations typically incur civil or criminal penalties under Australian administrative law. These can include fines or other sanctions, depending on the severity and intent behind the breach. The exact penalties would be determined in the context of any legal proceedings brought against a party found to be in breach of the Determination.