Plant Health Australia (Plant Industries) Funding Determination 2013

Administered by Department of Agriculture

Legislation au F2014L00056 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Issued by Authority of the Minister for Agriculture

 

Plant Health Australia (Plant Industries) Funding Act 2002

 

Plant Health Australia (Plant Industries) Funding Determination 2013

 

 

Legislative Authority

 

The Plant Health Australia (Plant Industries) Funding Act 2002 (the Act) provides for funds raised by the Plant Health Australia (PHA) levies and charges 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.

Subsection 10(3) of the Act provides that where two or more PHA plant products have the same designated body, the Minister must 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.

Grain Producers Australia Limited (GPA) and AUSVEG Limited (AUSVEG) are Plant Industry Members that have been declared by the Minister under the Primary Industries (Excise) Levies (Designated Bodies) Declaration 2013 as the designated bodies for two or more plant products.

 

Purpose

 

The Plant Health Australia (Plant Industries) Funding Determination 2013 apportions, in percentage terms, the 2013-14 yearly contribution to PHA for plant products represented by GPA and AUSVEG. 

 

Background

 

PHA levies are introduced and administered by the Australian Government at the request of industry. PHA levies are collected by the Department of Agriculture, which disburses the funds collected to PHA.

 

PHA was established in 2000 to facilitate a national approach to enhance Australia’s plant health status through effective partnerships between government and industry on matters such as pest preparedness and prevention, and emergency response and management. PHA’s budget, including its core annual running costs, are subject to agreement by its government and industry members at the PHA Annual General Meeting. PHA’s core annual running costs are shared between its members, with plant industries’ liabilities generally met through a PHA levy or charge. The financial contributions of industry members to PHA are set under the Plant Health Australia (Plant Industries) Funding Act 2002.

 

Impact and Effect

 

The Determination apportions (in percentage terms) the yearly contributions to PHA for the relevant PHA plant products for GPA and AUSVEG. There is no change to the PHA levy or charge rates collected from producers of each of the relevant plant products. Amongst PHA’s aims are minimisation of plant pest impacts, enhancement of Australia’s plant health status and safeguarding the livelihood of producers.

 

Consultation

 

GPA, the national representative body for grain producers, following consultation with PHA, wrote to the former Minister for Agriculture on 5 June 2013 to advise him of the changes to the proportions for the 2013-14 contribution to PHA for the relevant grain products. PHA advised the former Minister that it supported GPA’s proposed apportionments for 2013-14.

 

PHA, following consultation with AUSVEG, the national peak industry body for vegetable and potato producers, advised the Department of Agriculture on 24 June 2013 that the proportions of the 2013-14 contribution for vegetables, unprocessed potatoes and processing potatoes would not change.

 

The Office of Best Practice Regulation (OBPR) was consulted about the Determination. On 11 July 2013, the OBPR advised that no Regulation Impact Statement is required for the Determination (OBPR Reference Number 15183).

 

The Determination is compatible with the human rights and freedoms recognised or declared under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. A full statement of compatibility is set out in the Attachment.


Details of the Plant Health Australia (Plant Industries) Funding Determination 2013

 

Section 1 – Name of determination

 

This section provides that the name of the Determination is the Plant Health Australia (Plant Industries) Funding Determination 2013.

 

Section 2 – Commencement

 

This section provides that the Determination will commence on the day after it is registered.  

 

Section 3 – Authority

 

This section provides that the Determination is made under the Plant Health Australia (Plant Industries) Funding Act 2002.

 

Section 4 – Schedule(s)

 

This section provides that any instruments specified in Schedule 1 of the Determination are amended or repealed as intended.

 

Section 5 – Definition

 

This section provides that the meaning of ‘Act’ as referred to in the Determination is the Plant Health Australia (Plant Industries) Funding Act 2002.

 

Section 6 – Determination of proportion of yearly contribution – Grain Producers Australia Limited

 

This section sets the proportions of the yearly contribution for GPA for 2013-14 that relates to each relevant PHA plant product. The PHA plant products are listed in column 2, and their corresponding proportions in column 3, of the table shown in subsection 5(2) of the Determination.

 

Section 7 – Determination of proportion of yearly contribution – AUSVEG

 

This section sets the proportions of the yearly contribution for AUSVEG for 2013-14 that relates to each relevant PHA plant product. The PHA plant products are listed in column 2, and their corresponding proportions in column 3, of the table shown in subsection 6(2) of the Determination.

 

Schedule 1 – Repeal

 

This section repeals the Plant Health Australia (Plant Industries) Funding Determination 2011, which is superseded by the Determination.

ATTACHMENT

 

Statement of Compatibility with Human Rights

 

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Plant Health Australia (Plant Industries) Funding Determination 2013

 

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the Legislative Instrument

 

This Legislative Instrument determines the yearly funding contributions for Plant Health Australia (PHA) plant products to PHA and repeals the Plant Health Australia (Plant Industries) Funding Determination 2011. This Legislative Instrument apportions in percentage terms the contributions to PHA for Grain Producers Australia Limited and AUSVEG Limited for 2013-14. There is no change to the PHA levy or charge rates collected from producers of each of the relevant PHA plant products. This Legislative Instrument will enable Grain Producers Australia Limited and AUSVEG Limited to continue to meet their annual membership subscriptions to PHA.

 

Human rights implications

 

This Legislative Instrument does not engage any of the applicable rights or freedoms.

 

Conclusion

 

This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

 

The Hon. Barnaby Joyce MP

Minister for Agriculture

Overview

The Plant Health Australia (Plant Industries) Funding Determination 2013, issued under the authority of the Minister for Agriculture, provides for the apportionment of the yearly contributions to Plant Health Australia (PHA) for the 2013-14 financial year for certain plant products. This Determination is made pursuant to the Plant Health Australia (Plant Industries) Funding Act 2002, which was enacted to facilitate the national approach to plant health management by allocating funds raised from PHA levies and charges to PHA. The objective of the Act is to ensure that the yearly contributions to PHA by designated bodies for specific plant products are appropriately apportioned, reflecting the advice provided by PHA. The 2013 Determination specifically apportions the contributions for Grain Producers Australia Limited and AUSVEG Limited, the designated bodies for certain plant products, without altering the existing levy or charge rates. This ensures continuity in meeting their annual membership subscriptions to PHA, thereby supporting PHA’s mission to enhance Australia’s plant health status and minimise plant pest impacts.

Scope and Application

The Plant Health Australia (Plant Industries) Funding Act 2002 applies to Plant Health Australia (PHA), a national body established to enhance Australia’s plant health status through effective partnerships between government and industry. The Act governs the appropriation of funds raised by PHA levies and charges to PHA, including the designation of bodies to collect these funds for specified plant products. The Act authorises the Minister for Agriculture to declare entities such as Grain Producers Australia Limited (GPA) and AUSVEG Limited as designated bodies for certain plant products. These funds are used to discharge the yearly contributions of these designated bodies to PHA. The Act also mandates that where multiple plant products are managed by the same designated body, the Minister must determine the proportion of the yearly contribution attributable to each product, taking into account advice from PHA. The Plant Health Australia (Plant Industries) Funding Determination 2013, made under the Act, provides specific apportionments for the yearly contributions of GPA and AUSVEG for the 2013-14 period. The scope of the Act is national, applying across Australia and covering all plant products for which PHA levies and charges are collected. The Determination does not alter the rates of the PHA levies or charges but specifies how the contributions from GPA and AUSVEG are to be apportioned among the relevant plant products. This legislative framework ensures that the financial contributions of industry members to PHA are transparent and proportionate, facilitating effective management of plant health initiatives. The geographic reach of the Act and the Determination is nationwide, encompassing all plant products subject to PHA levies and charges. There are no exclusions or exemptions stated within the text provided, and any further application or restrictions are to be determined through subordinate instruments as necessary.

Key Provisions

The Plant Health Australia (Plant Industries) Funding Determination 2013 primarily concerns the apportionment of yearly contributions to Plant Health Australia (PHA) by Grain Producers Australia Limited (GPA) and AUSVEG Limited (AUSVEG) for the 2013-14 financial year. Under sections 6 and 7 of the Determination, the yearly contributions for GPA and AUSVEG are apportioned in percentage terms for each relevant PHA plant product. These contributions are detailed in the schedules attached to the Determination. The proportions set out in the Determination are based on advice from PHA and consultations with GPA and AUSVEG. It is important to note that this Determination does not alter the rates of the PHA levies or charges collected from producers of the relevant PHA plant products. The Determination imposes specific obligations on GPA and AUSVEG as designated bodies for the plant products listed. These obligations include ensuring that their yearly contributions to PHA are apportioned as specified in the Determination. The Minister for Agriculture, in making the Determination, must have regard to PHA’s advice on the proportions, as required by subsection 10(3) of the Plant Health Australia (Plant Industries) Funding Act 2002. This means that the Minister must base the apportionment on the advice given by PHA, ensuring that the contributions are fairly distributed according to the specified proportions. Failure to comply with the provisions of the Plant Health Australia (Plant Industries) Funding Determination 2013 may result in legal consequences for the designated bodies, GPA and AUSVEG. While the Determination itself does not explicitly detail penalties for non-compliance, breaches of the Plant Health Australia (Plant Industries) Funding Act 2002 could potentially lead to civil or criminal penalties. The Act, however, does not specify particular penalties for breaches of the Determination. It is likely that any penalties would be determined in accordance with the general provisions of the Act or related legislation. The exact nature and severity of penalties would depend on the specific circumstances of any breach, and could include fines or other enforcement actions as deemed appropriate by the relevant authorities.

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Agriculture & Food Law
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.