Plant Health Australia (Plant Industries) Funding Determination 2019

Overview

The Plant Health Australia (Plant Industries) Funding Determination 2019 was enacted to address funding allocations for plant health initiatives within Australia's plant industries, specifically targeting the fiscal year commencing on 1 July 2019. This determination was made under the authority of the Plant Health Australia (Plant Industries) Funding Act 2002, with Bridget McKenzie, the Minister for Agriculture, as the enacting authority. The primary objective of this legislation is to ensure that funding is appropriately distributed among key industry bodies to support plant health initiatives effectively. This determination specifically outlines the proportion of yearly contributions for four major industry bodies: Grain Producers Australia, AUSVEG Ltd, Australian Grape and Wine Incorporated, and Apple & Pear Australia Limited, each receiving funds according to their respective contributions towards plant health activities. The determination comes into effect the day after it is registered, which was on 21 December 2019.

Scope and Application

The Plant Health Australia (Plant Industries) Funding Determination 2019, made under the authority of the Plant Health Australia (Plant Industries) Funding Act 2002, establishes the proportion of yearly contributions for specific entities within the plant industries sector for the Plant Health Australia (PHA) year that commenced on 1 July 2019. This determination applies to Grain Producers Australia, AUSVEG Ltd, Australian Grape and Wine Incorporated, and Apple & Pear Australia Limited. The instrument sets out the proportions of each entity's yearly contribution that relates to specified PHA plant products, which are detailed in the determination. The instrument commenced on 21 December 2019, the day after it was registered, and it repeals the Plant Health Australia (Plant Industries) Funding Determination 2018. The application of this determination is confined to the specified entities and their contributions for the stated year, with no explicit geographic restrictions, and it does not include stated exclusions or exemptions beyond what is specified within the determination.

Key Provisions

The Plant Health Australia (Plant Industries) Funding Determination 2019, made by the Minister for Agriculture, Bridget McKenzie, outlines the funding distribution for specified agricultural sectors for the Plant Health Australia (PHA) year commencing 1 July 2019. The instrument, which came into effect on 21 December 2019, specifies the proportion of yearly contributions for Grain Producers Australia, AUSVEG Ltd, Australian Grape and Wine Incorporated, and Apple & Pear Australia Limited. Section 6 details the distribution of Grain Producers Australia's yearly contribution across various plant products, with wheat accounting for 55.713% and other products like barley, canola, and chickpeas having their specific allocations. Section 7 provides the distribution for AUSVEG Ltd, with vegetables making up 85% of the contribution, and unprocessed and processing potatoes taking up 10% and 5%, respectively. Section 8 specifies Australian Grape and Wine Incorporated's contributions, with 40% allocated to grapes and 60% to wine grapes. Section 9 details Apple & Pear Australia Limited's contributions, with 100% allocated to apples and none to pears (except nashi). The Determination imposes specific obligations on the mentioned entities, requiring them to allocate their yearly contributions according to the proportions specified in the sections. These entities must ensure that their contributions reflect the detailed breakdowns provided for each plant product, thereby aligning with the funding requirements set forth by the Plant Health Australia (Plant Industries) Funding Act 2002. Compliance with these allocations is critical for the entities to receive their designated funding for the PHA year in question. Failure to comply with the obligations outlined in the Determination could potentially lead to legal consequences. Although the Determination does not explicitly detail penalties for non-compliance, breaches of the Plant Health Australia (Plant Industries) Funding Act 2002 could result in fines or other civil penalties as prescribed by the Act. The specific penalties would depend on the nature and severity of the breach, and any associated administrative or judicial processes.