Plant Health Australia (Plant Industries) Funding Determination 2017

Administered by Department of Agriculture

Legislation au F2017N00107 Not in force Notifiable Instrument

Legislation content

 

Plant Health Australia (Plant Industries) Funding Determination 2017

I, Barnaby Joyce, Deputy Prime Minister and Minister for Agriculture and Water Resources, make the following determination.

Dated 14 December 2017

Barnaby Joyce

Deputy Prime Minister and Minister for Agriculture and Water Resources

 

 

 

 

Contents

Part 1—Preliminary

1 Name

2 Commencement

3 Authority

4 Schedules

5 Definitions

Part 2—Proportion of yearly contribution

6 Determination of proportion of yearly contribution—Grain Producers Australia Limited

7 Determination of proportion of yearly contribution—AUSVEG Limited

8 Determination of proportion of yearly contribution—Wine Grape Growers Australia Incorporated

9 Determination of proportion of yearly contribution—Apple & Pear Australia Limited

Schedule 1—Repeals

Plant Health Australia (Plant Industries) Funding Determination 2016

 

Part 1—Preliminary

 

1  Name

  This instrument is the Plant Health Australia (Plant Industries) Funding Determination 2017.

2  Commencement

 (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this instrument

The day after this instrument is registered.

20 December 2017

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

 (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

  This instrument is made under subsection 10(3) of the Plant Health Australia (Plant Industries) Funding Act 2002.

4  Schedules

  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

5  Definitions

Note: A number of expressions used in this instrument are defined in the Act, including the following:

(a) PHA plant product;

(b) PHA year;

(c) yearly contribution.

  In this instrument:

Act means the Plant Health Australia (Plant Industries) Funding Act 2002.

Apple & Pear Australia Limited means Apple & Pear Australia Limited (ABN 55 490 626 489).

AUSVEG Limited means AUSVEG Limited (ABN 25 107 507 559).

Grain Producers Australia Limited means Grain Producers Australia Limited (ABN 63 111 059 995).

prescribed goods means:

 (a) fresh grapes; and

 (b) dried grapes; and

 (c) grape juice, whether single strength or concentrated;

  being grapes or grape juice produced in Australia.

Wine Grape Growers Australia Incorporated means Wine Grape Growers Australia Incorporated (ABN 15 475 806 313).

Part 2—Proportion of yearly contribution

 

6  Determination of proportion of yearly contribution—Grain Producers Australia Limited

 (1) This section applies to the yearly contribution for Grain Producers Australia Limited for the PHA year that commenced on 1 July 2017.

 (2) The proportion of the yearly contribution that relates to a PHA plant product mentioned in column 1 of an item in the following table is the proportion mentioned in column 2 of the item.

 

Proportion of yearly contribution—Grain Producers Australia Limited

 

Column 1

Column 2

Item

PHA plant product

Proportion of yearly contribution (%)

1

Barley

10.564

2

Black gram

0.000

3

Canary

0.029

4

Canola

20.023

5

Cereal rye

0.080

6

Chickpeas

7.103

7

Cowpeas

0.004

8

Faba beans

1.466

9

Field peas

0.757

10

Grain maize

0.797

11

Grain millets

0.090

12

Grain sorghum

5.621

13

Lentils

3.059

14

Linseed

0.055

15

Lupins

1.613

16

Mung beans

1.216

17

Navy beans

0.007

18

Oats

2.030

19

Peanuts

0.254

20

Pigeon peas

0.000

21

Safflower seed

0.380

22

Soy bean

0.311

23

Sunflower seed

0.155

24

Triticale

0.178

25

Vetch

0.013

26

Wheat

44.195

7  Determination of proportion of yearly contribution—AUSVEG Limited

 (1) This section applies to the yearly contribution for AUSVEG Limited for the PHA year that commenced on 1 July 2017.

 (2) The proportion of the yearly contribution that relates to a PHA plant product mentioned in column 1 of an item in the following table is the proportion mentioned in column 2 of the item.

 

Proportion of yearly contribution—AUSVEG Limited

 

Column 1

Column 2

Item

PHA plant product

Proportion of yearly contribution (%)

1

Vegetables

85

2

Unprocessed potatoes

10

3

Processing potatoes

5

8  Determination of proportion of yearly contribution—Wine Grape Growers Australia Incorporated

 (1) This section applies to the yearly contribution for Wine Grape Growers Australia Incorporated for the PHA year that commenced on 1 July 2017.

 (2) The proportion of the yearly contribution that relates to a PHA plant product mentioned in column 1 of an item in the following table is the proportion mentioned in column 2 of the item.

 

Proportion of yearly contribution—Wine Grape Growers Australia Incorporated

 

Column 1

Column 2

Item

PHA plant product

Proportion of yearly contribution (%)

1

Prescribed goods on which a levy is imposed under Schedule 13 of the Primary Industries (Excise) Levies Act 1999

40

2

Prescribed goods on which a levy is imposed under Schedule 26 of the Primary Industries (Excise) Levies Act 1999

60

9  Determination of proportion of yearly contribution—Apple & Pear Australia Limited

 (1) This section applies to the yearly contribution for Apple & Pear Australia Limited for the PHA year that commenced on 1 July 2017.

 (2) The proportion of the yearly contribution that relates to a PHA plant product mentioned in column 1 of an item in the following table is the proportion mentioned in column 2 of the item.

 

Proportion of yearly contribution—Apple & Pear Australia Limited

 

Column 1

Column 2

Item

PHA plant product

Proportion of yearly contribution (%)

1

Apples

100

2

Pears (except nashi)

0

Schedule 1—Repeals

 

Plant Health Australia (Plant Industries) Funding Determination 2016

1  The whole of the instrument

Repeal the instrument.

 

Overview

The Plant Health Australia (Plant Industries) Funding Determination 2017 was enacted to address the need for determining the proportion of yearly contributions by certain plant industries for the Plant Health Australia year commencing 1 July 2017. This determination was made under the authority of subsection 10(3) of the Plant Health Australia (Plant Industries) Funding Act 2002. The determination outlines the specific proportions of yearly contributions for Grain Producers Australia Limited, AUSVEG Limited, Wine Grape Growers Australia Incorporated, and Apple & Pear Australia Limited. The purpose is to allocate funding based on the volume or value of the products produced by these entities, ensuring a fair distribution of resources for plant health initiatives. This instrument replaces the Plant Health Australia (Plant Industries) Funding Determination 2016, which has been repealed.

Scope and Application

The Plant Health Australia (Plant Industries) Funding Determination 2017 applies to specific entities within the plant industry, namely Grain Producers Australia Limited, AUSVEG Limited, Wine Grape Growers Australia Incorporated, and Apple & Pear Australia Limited. This instrument determines the proportion of the yearly contribution these entities must make towards the funding of Plant Health Australia for the Plant Health Australia (Plant Industries) Funding Act 2002. The determination specifies the proportions related to different plant products for each entity, as outlined in the instrument. This legislation has a national reach as it is made under the Commonwealth's authority, and it effectively replaces the Plant Health Australia (Plant Industries) Funding Determination 2016. The application of this legislation may be further defined or expanded through subordinate instruments, although no such instruments are explicitly mentioned in the provided text.

Key Provisions

The Plant Health Australia (Plant Industries) Funding Determination 2017 sets out the proportions of yearly contributions for specific entities involved in plant industries. For instance, Section 6 determines the proportion of the yearly contribution for Grain Producers Australia Limited for the Plant Health Australia (PHA) year commencing on 1 July 2017, allocating specific percentages to various plant products like barley, canola, and wheat. Similarly, Section 7 does the same for AUSVEG Limited, focusing on vegetables and potatoes, while Section 8 allocates contributions for Wine Grape Growers Australia Incorporated based on prescribed goods such as fresh grapes and grape juice. Finally, Section 9 outlines the yearly contribution for Apple & Pear Australia Limited, specifically for apples and pears. The Act imposes obligations on these entities to adhere to the specified proportions for their yearly contributions. For example, Grain Producers Australia Limited must ensure that their contributions align with the percentages assigned to each plant product, as detailed in the determination. Similarly, AUSVEG Limited, Wine Grape Growers Australia Incorporated, and Apple & Pear Australia Limited must also align their contributions with the respective proportions outlined in the Act. Failure to comply with the specified yearly contributions as determined by the Act could potentially lead to legal consequences. While the specific penalties are not outlined in the provided text, breaches of such legislative requirements typically attract penalties under the relevant legislation or administrative actions to enforce compliance. Entities found to be non-compliant might face fines, legal action, or other penalties as stipulated in the broader framework of the Plant Health Australia (Plant Industries) Funding Act 2002.

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Environmental Law
Instrument
Notifiable instrument
Concepts
Definitions & Interpretation
Commencement Provisions
Repeal & Amendment
Licensing & Registration
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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.