Plant Health Australia (Plant Industries) Funding Determination 2014

Administered by Department of Agriculture

Legislation au F2014L01206 Not in force Legislative Instrument

Legislation content

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 2014

 

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.

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 2014 as the designated bodies for two or more plant products.

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.

 

Purpose

The Plant Health Australia (Plant Industries) Funding Determination 2014 apportions, in percentage terms, the 2014-15 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 each year in accordance with the procedure set out in the Constitution of Plant Health Australia Limited.

 

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

Following consultation with GPA and AUSVEG (the designated industry bodies for grain producers and vegetable and potato producers respectively) PHA advised the Minister for Agriculture on 14 July 2014 that the proportions of the 2014-15 contribution for relevant grains, vegetables, unprocessed potatoes and processing potatoes would not change from those set out in the Plant Health Australia (Plant Industries) Funding Determination 2013.

 

The Office of Best Practice Regulation (OBPR) has advised that no Regulation Impact Statement is required for the Determination (OBPR Reference Number 17264).

 

Details of the Plant Health Australia (Plant Industries) Funding Determination 2014

 

Section 1 – Name of determination

This section provides that the name of the Determination is the Plant Health Australia (Plant Industries) Funding Determination 2014.

 

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 proportion of the yearly contribution for GPA for 2014-15 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.

 

Section 7 – Determination of proportion of yearly contribution – AUSVEG Limited

This section sets the proportion of the yearly contribution for AUSVEG for 2014-15 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 7(2) of the Determination.

 

Schedule 1 – Repeal

This part repeals the Plant Health Australia (Plant Industries) Funding Determination 2013, which is superseded by the Determination.

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 2014

 

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 2013.

 

This Legislative Instrument apportions in percentage terms the portion paid by each relevant PHA plant product for contributions to PHA for Grain Producers Australia Limited and AUSVEG Limited for 2014-15. 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 Act 2002 was enacted to establish a legislative framework for the funding of Plant Health Australia (PHA) through levies and charges on various plant products. This Act allows the Minister for Agriculture to declare specific entities as designated bodies for certain plant products, ensuring that the funds raised through these levies and charges are appropriately allocated to PHA. The legislation was designed to address the need for a structured and industry-led approach to plant health management in Australia, facilitating partnerships between government and industry to enhance pest preparedness, prevention, and emergency response efforts. The Plant Health Australia (Plant Industries) Funding Determination 2014 further refines the implementation of this Act by specifying the proportions of the yearly contributions relating to each plant product for the designated bodies, Grain Producers Australia Limited and AUSVEG Limited, for the financial year 2014-15. This determination was made in consultation with the relevant industry bodies and is intended to ensure continuity in PHA's funding structure, enabling it to effectively carry out its mandate of safeguarding Australia's plant health status and the livelihoods of producers.

Scope and Application

The Plant Health Australia (Plant Industries) Funding Act 2002 applies to the allocation of funds raised by levies and charges imposed on plant products, specifically to Plant Health Australia (PHA) and the designated bodies responsible for these levies. The Act provides the legal framework for the Minister for Agriculture to determine how these funds are distributed among the PHA members, such as Grain Producers Australia Limited and AUSVEG Limited, who have been declared as designated bodies for certain plant products. The Act's geographic reach is national, with the application extending across all states and territories of Australia. The Act allows for the appropriation of funds raised through levies and charges on specified plant products to PHA, with the funds being used to meet the annual contributions of the designated bodies to PHA. Any exclusions or exemptions from this application are not specified in the Act, but the Plant Health Australia (Plant Industries) Funding Determination 2014 provides specific details on the apportionment of these contributions for the year 2014-15, without altering the rates of the levies or charges. The Determination also repeals the previous year's funding determination, indicating that the Act's application can be modified through subordinate instruments to reflect annual changes in contribution proportions.

Key Provisions

The Plant Health Australia (Plant Industries) Funding Determination 2014 primarily provides the percentages of the yearly funding contributions for certain plant products to Plant Health Australia (PHA) for the financial year 2014-15. Specifically, it outlines the proportions of contributions that Grain Producers Australia Limited (GPA) and AUSVEG Limited (AUSVEG) need to make to PHA for each relevant plant product (sections 6 and 7). This determination is made under the Plant Health Australia (Plant Industries) Funding Act 2002 and comes into effect on the day after its registration (sections 2 and 3). It also repeals the Plant Health Australia (Plant Industries) Funding Determination 2013 (section 4 and Schedule 1). The Determination imposes certain obligations on GPA and AUSVEG, the designated bodies for the relevant plant products. These entities are required to ensure that their contributions to PHA for each plant product are apportioned according to the percentages specified in the Determination (section 6(2) and section 7(2)). This is necessary for these bodies to meet their annual membership subscriptions to PHA, thus ensuring that PHA can continue its operations related to pest preparedness, prevention, and emergency response management. There are no explicit offences, penalties, or consequences for breach stated in the Determination itself. However, any failure by GPA or AUSVEG to comply with the specified contribution percentages could potentially lead to disputes or other actions under the Plant Health Australia (Plant Industries) Funding Act 2002 or other relevant legislation. The Act might include provisions for enforcement and compliance, but these are not detailed within the Determination. Given the nature of the Determination, any breaches could ultimately affect PHA’s ability to carry out its mandated functions, impacting the broader plant health sector in Australia.

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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.