Plant Health Australia (Plant Industries) Funding Determination 2016

Overview

The Plant Health Australia (Plant Industries) Funding Determination 2016 was introduced to address the need for a structured funding mechanism for Plant Health Australia and related plant industries. Enacted by Barnaby Joyce, the Deputy Prime Minister and Minister for Agriculture and Water Resources, this determination is established under subsection 10(3) of the Plant Health Australia (Plant Industries) Funding Act 2002. The primary policy objective is to ensure that funding is allocated proportionately based on the production and economic significance of various plant products within Australia. By specifying the yearly contribution proportions for entities like Grain Producers Australia Limited, AUSVEG Limited, and Wine Grape Growers Australia Incorporated, this determination provides clarity and predictability in funding allocations, thereby supporting the plant health and agricultural sectors effectively.

Scope and Application

The Plant Health Australia (Plant Industries) Funding Determination 2016 applies to the entities Grain Producers Australia Limited, AUSVEG Limited, and Wine Grape Growers Australia Incorporated, specifically concerning their yearly contributions for the Plant Health Australia (PHA) year that commenced on 1 July 2016. This determination is made under subsection 10(3) of the Plant Health Australia (Plant Industries) Funding Act 2002, with specific definitions provided in the Act and this instrument. It is a Commonwealth instrument, and its provisions commence the day after registration. The instrument delineates the proportions of each entity's yearly contribution relating to various PHA plant products, such as barley, canola, and vegetables, as well as prescribed goods like fresh grapes and grape juice. This legislation does not explicitly state exclusions or exemptions but operates within the framework of the overarching Act, which may include provisions for exclusions or exemptions. The application of the Act is further refined or extended through subordinate instruments as necessary.

Key Provisions

The Plant Health Australia (Plant Industries) Funding Determination 2016 (the Determination) sets out the proportion of yearly contributions for Grain Producers Australia Limited, AUSVEG Limited, and Wine Grape Growers Australia Incorporated for the Plant Health Australia (PHA) year that commenced on 1 July 2016 (sections 5, 6, and 7). For Grain Producers Australia Limited, the proportion of the yearly contribution for each PHA plant product is specified in a table within the Determination (section 5(2)). For AUSVEG Limited, the proportion of the yearly contribution for vegetables, unprocessed potatoes, and processing potatoes are specified in a similar table (section 6(2)). For Wine Grape Growers Australia Incorporated, the proportion of the yearly contribution for prescribed goods on which a levy is imposed under Schedule 1 and Schedule 2 of the Primary Industries (Excise) Levies Act 1999 are specified in a table within the Determination (section 7(2)). The Determination imposes obligations on Grain Producers Australia Limited, AUSVEG Limited, and Wine Grape Growers Australia Incorporated to provide information and pay contributions in accordance with the specified proportions (section 5(2), 6(2), and 7(2)). These entities are required to provide information about their activities and the PHA plant products they are involved with, in order to enable the calculation of their yearly contributions. Additionally, they are required to pay their contributions in accordance with the proportions specified in the Determination. There are no specific offences, penalties, or consequences for breach outlined in the Determination. However, non-compliance with the obligations imposed by the Determination could potentially lead to legal action or other consequences under the Plant Health Australia (Plant Industries) Funding Act 2002 or other relevant legislation. The maximum penalties for offences under the Plant Health Australia (Plant Industries) Funding Act 2002 are not specified in the Determination.