Plant Health Australia (Plant Industries) Funding Determination 2018

Administered by Department of Agriculture

Legislation au F2018N00183 Not in force Notifiable Instrument

Legislation content

 

Plant Health Australia (Plant Industries) Funding Determination 2018

I, David Littleproud, Minister for Agriculture and Water Resources, make the following determination.

Dated 6 December 2018

David Littleproud

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

7 Determination of proportion of yearly contribution—AUSVEG Ltd

8 Determination of proportion of yearly contribution—Australian Vignerons and Winemakers’ Federation of Australia

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

Schedule 1—Repeals

Plant Health Australia (Plant Industries) Funding Determination 2017

 

Part 1—Preliminary

 

1  Name

  This instrument is the Plant Health Australia (Plant Industries) Funding Determination 2018.

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.

13 December 2018

Note: This table relates only to the provisions of this instrument as originally made.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  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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;

(b) PHA plant product;

(c) PHA year;

(d) yearly contribution.

  In this instrument:

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

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

Australian Vignerons means Wine Grape Growers Australia Incorporated (ABN 15 475 806 313), which trades as Australian Vignerons.

AUSVEG Ltd means the body with that name and the Australian Business Number of 25 107 507 559.

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

Winemakers’ Federation of Australia means Winemakers Federation of Australia Incorporated (ABN 38 359 406 467).

Part 2—Proportion of yearly contribution

 

6  Determination of proportion of yearly contribution—Grain Producers Australia

 (1) This section applies to the yearly contribution for Grain Producers Australia for the PHA year that commenced on 1 July 2018.

 (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

Item

Column 1
PHA plant product

Column 2
Proportion of yearly contribution (%)

1

Barley

21.772

2

Black gram

0.000

3

Canary

0.021

4

Canola

10.029

5

Cereal rye

0.039

6

Chickpeas

5.034

7

Cowpeas

0.005

8

Faba beans

1.180

9

Field peas

0.544

10

Grain maize

0.625

11

Grain millets

0.064

12

Grain sorghum

1.954

13

Lentils

1.620

14

Linseed

0.041

15

Lupins

1.564

16

Mung beans

0.770

17

Navy beans

0.003

18

Oats

1.231

19

Peanuts

0.216

20

Pigeon peas

0.000

21

Safflower seed

0.013

22

Soy bean

0.167

23

Sunflower seed

0.105

24

Triticale

0.114

25

Vetch

0.015

26

Wheat

52.874

7  Determination of proportion of yearly contribution—AUSVEG Ltd

 (1) This section applies to the yearly contribution for AUSVEG Ltd for the PHA year that commenced on 1 July 2018.

 (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 Ltd

Item

Column 1
PHA plant product

Column 2
Proportion of yearly contribution (%)

1

Vegetables

85

2

Unprocessed potatoes

10

3

Processing potatoes

5

8  Determination of proportion of yearly contribution—Australian Vignerons and Winemakers’ Federation of Australia

 (1) Subject to subsection (3), this section applies to the joint yearly contribution for Australian Vignerons and the Winemakers’ Federation of Australia (the first 2 bodies) for the PHA year that commenced on 1 July 2018.

 (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

Item

Column 1
PHA plant product

Column 2
Proportion of yearly contribution (%)

1

Prescribed goods on which levy is imposed in accordance with Schedule 13 (grapes) to the Primary Industries (Excise) Levies Act 1999

40

2

Prescribed goods on which levy is imposed in accordance with Schedule 26 (wine grapes) to the Primary Industries (Excise) Levies Act 1999

60

 (3) If the first 2 bodies transfer liability for the joint yearly contribution to a third body, after the transfer, this section applies in relation to the third body’s liability for the yearly contribution in the same way as the section applied before the transfer in relation to the liability of the first 2 bodies for the yearly contribution.

 (4) Subsection (3) applies only if:

 (a) the third body is a Plant Industry Member declared to be a designated body as mentioned in subsection 10(1) of the Act; and

 (b) the relevant plant products mentioned in subsection 10(1) of the Act in relation to that designated body are the PHA plant products to which subsection (2) of this section applies.

Note: At the time this section commenced, it was anticipated that, later in the PHA year that commenced on 1 July 2018, the first 2 bodies would be dissolved and their membership of PHA transferred to a body to be known as Australian Grape and Wine Incorporated (or similar), to be incorporated under the Associations Incorporation Act 1985 (SA).

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 2018.

 (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

Item

Column 1
PHA plant product

Column 2
Proportion of yearly contribution (%)

1

Apples

100

2

Pears (except nashi)

0

Schedule 1—Repeals

 

Plant Health Australia (Plant Industries) Funding Determination 2017

1  The whole of the instrument

Repeal the instrument.

 

Overview

The Plant Health Australia (Plant Industries) Funding Determination 2018 was enacted to establish the proportion of yearly contributions for specific plant industries for the Plant Health Australia (PHA) year commencing on 1 July 2018. This determination was made under the authority of subsection 10(3) of the Plant Health Australia (Plant Industries) Funding Act 2002. The determination identifies the specific proportions of contributions for Grain Producers Australia, AUSVEG Ltd, the Australian Vignerons and Winemakers' Federation of Australia, and Apple & Pear Australia Limited, based on the PHA plant products they manage. The objective of this determination is to ensure that funding is allocated proportionately according to the plant products managed by each industry body, thereby supporting the management of plant health across Australia. The determination came into effect on 13 December 2018, the day after it was registered. It also repealed the Plant Health Australia (Plant Industries) Funding Determination 2017, ensuring that the latest funding proportions are applied from the specified commencement date.

Scope and Application

The Plant Health Australia (Plant Industries) Funding Determination 2018 outlines the specific yearly contributions of certain plant industries towards Plant Health Australia (PHA) for the Plant Health Australia (PHA) year that started on 1 July 2018. This determination applies to Grain Producers Australia, AUSVEG Ltd, Australian Vignerons and Winemakers' Federation of Australia, and Apple & Pear Australia Limited. The instrument specifies the proportion of the yearly contribution for each entity based on the particular PHA plant products they are involved with. The determination came into effect the day after its registration, which was 13 December 2018. The determination is made under subsection 10(3) of the Plant Health Australia (Plant Industries) Funding Act 2002, and any subordinate instruments that extend or restrict the application of this determination would be made in accordance with the provisions of the Act.

Key Provisions

The Plant Health Australia (Plant Industries) Funding Determination 2018 outlines the proportions of the yearly contributions that certain bodies must pay towards the costs associated with the Plant Health Australia (Plant Industries) Funding Act 2002. This determination specifies the yearly contributions for Grain Producers Australia, AUSVEG Ltd, Australian Vignerons and Winemakers’ Federation of Australia, and Apple & Pear Australia Limited for the Plant Health Australia (PHA) year that began on 1 July 2018. Each of these sections provides a table that lists the PHA plant products and the proportion of the yearly contribution that relates to each product. For instance, section 6 specifies that for Grain Producers Australia, 52.874% of their yearly contribution relates to wheat, while 10.029% relates to canola. Similarly, section 7 specifies that for AUSVEG Ltd, 85% of their yearly contribution relates to vegetables, while 10% relates to unprocessed potatoes, and 5% relates to processing potatoes. The obligations imposed by the Act on the relevant parties include the payment of the specified yearly contributions. These obligations are detailed in the tables within sections 6, 7, 8, and 9 of the Determination. For example, Grain Producers Australia must pay a proportion of their yearly contribution based on the PHA plant products they are involved with, with wheat being the largest contributor at 52.874%. The same applies to the other bodies, each having to pay a proportion based on the PHA plant products they are involved with. The Plant Health Australia (Plant Industries) Funding Act 2002 does not specify any offences, penalties, or civil/criminal consequences for breach. However, failure to comply with the obligations imposed by the Act could potentially lead to legal consequences under other relevant legislation. For example, if the yearly contributions are not paid as determined, it could lead to legal action under the Corporations Act 2001, depending on the nature and circumstances of the non-compliance. It is important to note that the specific penalties for breaches of the Corporations Act 2001 can vary widely depending on the nature and severity of the breach.

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Area of Law
Environmental Law
Instrument
Regulation
Concepts
Commencement Provisions
Reporting & Disclosure Obligations
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