Plant Health Australia (Plant Industries) Funding Determination 2011

Overview

The Plant Health Australia (Plant Industries) Funding Determination 2011 was introduced to address the need for clear guidelines on the allocation of funds raised by Plant Health Australia (PHA) levies and charges imposed on plant products. This determination was made under the authority of the Plant Health Australia (Plant Industries) Funding Act 2002, enacted by the Australian Parliament, with the objective of ensuring that contributions from designated bodies are appropriately apportioned to each plant product. The Determination specifies the proportions of the yearly contributions from the Grains Council of Australia Inc. (GCA) and AUSVEG for the 2011-2012 financial year, as advised by PHA, to ensure that each designated body’s contributions are accurately allocated towards their respective plant products. This legislative measure aims to maintain transparency and efficiency in the funding process for plant health initiatives.

Scope and Application

The Plant Health Australia (Plant Industries) Funding Act 2002 applies to entities involved in the funding and administration of plant health in Australia. Specifically, the Act facilitates the appropriation of funds raised by levies and charges imposed on plant products to Plant Health Australia (PHA). The Act empowers the Minister to designate a PHA Plant Industry Member as the body responsible for a specific plant product, ensuring that the funds raised through the levy or charge on that product are used to meet the Plant Industry Member’s annual contribution to PHA. The Act also mandates that where two or more PHA plant products share the same designated body, the Minister must determine the proportion of the yearly contribution attributable to each product, guided by PHA's advice. The geographic scope of this Act is national, impacting various industries and entities involved in plant production and health across Australia. The Plant Health Australia (Plant Industries) Funding Determination 2011 extends the application of the Act by specifying the apportioned contributions of designated bodies like the Grains Council of Australia Inc. and AUSVEG for the 2011-2012 financial year, thereby providing clear guidance on the distribution of funds among different plant products.

Key Provisions

The Plant Health Australia (Plant Industries) Funding Determination 2011 (the Determination) outlines the apportionment of funds raised by Plant Health Australia (PHA) through levies and charges on plant products, as mandated by the Plant Health Australia (Plant Industries) Funding Act 2002 (the Act). Section 1 of the Determination specifies its name, while Section 2 sets the commencement date as the day after its registration. Section 3 details the proportion of the Grains Council of Australia Inc.’s (GCA) yearly contribution to PHA for 2011-2012 for each plant product for which GCA is the designated body. Similarly, Section 4 specifies the proportions of the Australian Vegetable Exporters Group’s (AUSVEG) yearly contribution to PHA for the same period. These sections are essential for ensuring that the funds are allocated correctly according to the Act. Under the Act, the Minister has the authority to designate a PHA Plant Industry Member as the designated body for a specific plant product. This designation ensures that the funds collected through levies or charges on that product are directed towards the designated body’s yearly contribution to PHA. The Minister must consider PHA’s advice when determining the proportion of the yearly contribution that relates to each product if multiple products share the same designated body. This process is crucial for maintaining equitable funding distribution among the designated bodies and ensuring that contributions are appropriately allocated. The Determination imposes specific obligations on the Minister and the designated bodies. The Minister must determine the proportion of each designated body's yearly contribution that relates to each plant product, taking into account PHA's advice. This ensures transparency and fairness in the allocation of funds. The designated bodies, such as GCA and AUSVEG, are obligated to adhere to these proportions when contributing to PHA for the specified period. These obligations are designed to streamline the funding process and ensure that contributions are directed to the appropriate areas of need within the plant industry. Breach of the obligations outlined in the Determination may lead to civil or criminal consequences. Although the Determination does not explicitly state penalties for non-compliance, the Act or other related legislation may impose penalties for breaches. Civil penalties could include fines, while criminal penalties might include imprisonment, depending on the severity and intent of the breach. The exact penalties would be governed by the relevant laws and the discretion of the court or regulatory body overseeing the matter. It is essential for the Minister and designated bodies to comply with the Determination to avoid any legal repercussions.