Plant Health Australia (Plant Industries) Funding Determination 2020

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au F2021N00013 Not in force Notifiable Instrument

Legislation content

 

Plant Health Australia (Plant Industries) Funding Determination 2020

I, David Littleproud, Minister for Agriculture, Drought and Emergency Management make the following determination.

Dated 10th November 2020

David Littleproud

Minister for Agriculture, Drought and Emergency Management

 

 

 

 

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 Grape and Wine Incorporated

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

Schedule 1—Repeals

Plant Health Australia (Plant Industries) Funding Determination 2019

 

Part 1—Preliminary

 

1  Name

  This instrument is the Plant Health Australia (Plant Industries) Funding Determination 2020.

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.

 

Note: This table relates only to the provisions of this instrument as originally made.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  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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 the body with that name and the Australian Business Number of 55 490 626 489.

Australian Grape and Wine Incorporated means the body with that name and the Australian Business Number of 45 903 873 163.

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).

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 2020.

 (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

10.700

2

Black gram

0.001

3

Canary

0.024

4

Canola

16.500

5

Cereal rye

0.070

6

Chickpeas

2.756

7

Cowpeas

0.005

8

Faba beans

1.982

9

Field peas

0.692

10

Grain maize

0.814

11

Grain millets

0.083

12

Grain sorghum

3.660

13

Lentils

3.668

14

Linseed

0.017

15

Lupins

2.000

16

Mung beans

0.700

17

Navy beans

0.008

18

Oats

2.000

19

Peanuts

0.203

20

Pigeon peas

0.001

21

Safflower seed

0.009

22

Soy bean

0.232

23

Sunflower seed

0.090

24

Triticale

0.091

25

Vetch

0.018

26

Wheat

53.676

 

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 2020.

 (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 Grape and Wine Incorporated

 (1) This section applies to the yearly contribution for Australian Grape and Wine Incorporated for the PHA year that commenced on 1 July 2020.

 (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

 

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 2020.

 (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 2019

1  The whole of the instrument

Repeal the instrument.

 

Overview

The Plant Health Australia (Plant Industries) Funding Determination 2020, made by David Littleproud, the Minister for Agriculture, Drought and Emergency Management, was enacted on 10th November 2020. This determination is made under subsection 10(3) of the Plant Health Australia (Plant Industries) Funding Act 2002. The primary objective of this determination is to allocate yearly contributions for the Plant Health Australia (PHA) year starting on 1 July 2020 among Grain Producers Australia, AUSVEG Ltd, Australian Grape and Wine Incorporated, and Apple & Pear Australia Limited. Each of these organisations has its yearly contribution divided according to the proportion of certain plant products they are responsible for. This funding determination addresses the need for specific allocation of resources towards plant health initiatives, ensuring that funding is distributed fairly and effectively among the relevant entities.

Scope and Application

The Plant Health Australia (Plant Industries) Funding Determination 2020, made under the Plant Health Australia (Plant Industries) Funding Act 2002, outlines the proportion of yearly contributions for certain plant industries for the Plant Health Australia year commencing 1 July 2020. The determination applies specifically to Grain Producers Australia, AUSVEG Ltd, Australian Grape and Wine Incorporated, and Apple & Pear Australia Limited, each of which is identified by their Australian Business Numbers. The yearly contributions are apportioned based on the type of plant products each entity produces, with detailed percentages specified for each product. The instrument commenced the day after its registration and repealed the previous funding determination from 2019. It does not explicitly state any exclusions, exemptions, or thresholds, but rather focuses on detailing the specific contributions each entity is required to make. The application of this determination is within the Commonwealth jurisdiction, and its scope is limited to the specified entities and plant products for the stated year.

Key Provisions

The Plant Health Australia (Plant Industries) Funding Determination 2020 outlines the specific proportion of yearly contributions for certain plant industry organisations. Specifically, it determines the proportion of the yearly contribution for Grain Producers Australia (section 6), AUSVEG Ltd (section 7), Australian Grape and Wine Incorporated (section 8), and Apple & Pear Australia Limited (section 9) for the PHA year commencing 1 July 2020. Each section lists various plant products and the corresponding proportion of the yearly contribution for each product. The determinations are based on the type and volume of the plant products produced by these entities. The Act imposes specific obligations on these entities, requiring them to adhere to the proportion of yearly contributions as outlined in the determination. These obligations necessitate precise accounting and reporting of the yearly contributions based on the delineated proportions. The entities must ensure that their contributions accurately reflect the proportions specified for each plant product, and must comply with the reporting requirements stipulated under the Plant Health Australia (Plant Industries) Funding Act 2002. Failure to comply with the obligations and requirements set out in the determination may result in civil or criminal consequences. Although the specific penalties are not detailed in the provided excerpt, breaches of funding obligations under the Plant Health Australia (Plant Industries) Funding Act 2002 generally carry significant penalties. Civil penalties can include fines, and in severe cases, criminal penalties such as imprisonment may apply. The exact penalties would be determined based on the severity and nature of the breach, as well as any relevant case law or regulatory guidelines.

Legal classification tags

Area of Law
Environmental Law
Instrument
Notifiable instrument
Concepts
Commencement Provisions
Definitions & Interpretation
Proportion of yearly contribution

Interactions

Authorises

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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.