Plant Health Australia (Plant Industries) Funding (Relevant Plant Industry Member) Determination 2022
I, Andrew Edgar Francis Metcalfe AO, Secretary of the Department of Agriculture, Fisheries and Forestry, make the following determination.
Dated 15 December 2022
A E F Metcalfe
Andrew Edgar Francis Metcalfe AO
Secretary of the Department of Agriculture, Fisheries and Forestry
1 Name
This instrument is the Plant Health Australia (Plant Industries) Funding (Relevant Plant Industry Member) Determination 2022.
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Note: This table relates only to the provisions of this instrument as originally made.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 3A(2) of the Plant Health Australia (Plant Industries) Funding Act 2002.
4 Definitions
In this instrument:
Note: The following terms in this instrument are defined in section 3 of the Act:
(a) EPPR plant product;
(b) Plant Industry Member;
Act means the Plant Health Australia (Plant Industries) Funding Act 2002.
5 Relevant Plant Industry Member
For the purposes of subsection 3A(2) to the Act, each body specified in column 1 of an item in the following table is determined in relation to one or more EPPR plant products specified in column 2 of the table for the item.
Relevant Plant Industry Member |
Item | Column 1 Body | Column 2 EPPR plant products |
1 | Almond Board of Australia Inc
(ABN 31 709 079 099) | Almonds |
2 | Apple and Pear Australia Ltd
(ABN 55 490 626 489) | The following EPPR plant products: (a) apples; (b) pears (other than nashi) |
3 | ATTIA Ltd
(ABN 48 077 019 204) | Tea tree oil |
4 | Australian Banana Growers’ Council Inc
(ABN 60 381 740 734) | Bananas |
5 | Australian Forest Products Association Limited (ABN 40 008 621 510) | Logs that are produced from trees felled in a plantation |
6 | Australian Ginger Industry Association Incorporated
(ABN 97 981 376 529) | Ginger |
7 | Australian Grape and Wine Incorporated (ABN 45 903 873 163) | The following EPPR plant products: (a) prescribed goods on which levy is imposed in accordance with Schedule 13 (Grapes) to the Primary Industries (Excise) Levies Act 1999; (b) prescribed goods on which levy is imposed in accordance with Schedule 26 (Wine grapes) to the Primary Industries (Excise) Levies Act 1999 |
8 | Australian Honey Bee Industry Council Incorporated
(ABN 63 939 614 424) | Honey |
9 | Australian Macadamia Society Limited
(ABN 19 010 689 415) | Macadamias |
10 | Australian Mango Industry Association
(ABN 50 713 775 301) | Mangoes |
11 | Australian Melon Association Inc
(ABN 36 990 325 012) | Melons |
12 | Australian Olive Association Ltd
(ABN 57 072 977 489) | Olives |
13 | Australian Onion Industry Association Incorporated (ABN 26 558 335 296) | Hard onions |
14 | Australian Sweetpotato Growers Inc
(ABN 82 577 850 667) | Sweet potatoes |
15 | Australian Tablegrape Association Inc
(ABN 69 953 034 946) | Table grapes |
16 | AUSVEG Ltd
(ABN 25 107 507 559) | The following EPPR plant products: (b) unprocessed potatoes; (c) vegetables to which Part 17 of Schedule 15 to the Primary Industries (Excise) Levies Regulations 1999 applies |
17 | Avocados Australia Limited
(ABN 87 105 853 807) | Avocados |
18 | Cherry Growers Australia Inc
(ABN 77 797 945 686) | Cherries |
19 | Chestnuts Australia Inc
(ABN 11 727 740 190) | Chestnuts |
20 | Citrus Australia Ltd
(ABN 75 130 238 792) | Citrus |
21 | Cotton Australia Limited
(ABN 24 054 122 879) | Cotton |
22 | Dried Fruits Australia Inc
(ABN 88 658 293 079) | Dried vine fruits |
23 | Grain Producers Australia Limited
(ABN 63 111 059 995) | The following EPPR plant products: (a) leviable coarse grains; (b) leviable grain legumes; (c) leviable oilseeds; (d) wheat |
24 | Greenlife Industry Australia Limited
(ABN 59 634 584 017) | Potted plants |
25 | Queensland Cane Growers Organisation Ltd
(ABN 94 089 992 969) | Sugar cane |
26 | Queensland Fruit and Vegetable Growers Ltd
(ABN 51 090 816 827) | Pineapples |
27 | Ricegrowers’ Association of Australia Incorporated (ABN 65 191 537 636) | Rice |
28 | Strawberries Australia Incorporated
(ABN 53 635 363 679) | Strawberries |
29 | Summerfruit Australia Limited
(ABN 51 105 962 196) | Stone fruit |
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Overview
The Plant Health Australia (Plant Industries) Funding (Relevant Plant Industry Member) Determination 2022 was enacted to establish which bodies are considered Relevant Plant Industry Members for the purposes of the Plant Health Australia (Plant Industries) Funding Act 2002. This legislation was introduced to address the need for a clear framework that identifies which specific industry bodies are responsible for managing and funding plant health initiatives related to particular plant products. This determination is made under the authority of the Plant Health Australia (Plant Industries) Funding Act 2002, with the overarching policy objective of ensuring effective plant health management and funding distribution within Australia’s plant industries.
The enacting body is Andrew Edgar Francis Metcalfe AO, the Secretary of the Department of Agriculture, Fisheries and Forestry. The Determination aims to streamline the process of identifying and allocating funding responsibilities to relevant plant industry members, thereby enhancing the efficiency and effectiveness of plant health initiatives across various sectors.
Scope and Application
The Plant Health Australia (Plant Industries) Funding (Relevant Plant Industry Member) Determination 2022, made under the authority of the Plant Health Australia (Plant Industries) Funding Act 2002, sets out the funding arrangements for specific plant industry members in relation to their respective plant products. This instrument identifies specific bodies, each designated as a "Relevant Plant Industry Member" in respect of certain "EPPR plant products," and specifies the allocation of funding for these entities. The named bodies include industry associations and councils related to various agricultural commodities such as almonds, apples, bananas, and others, as detailed in the instrument. The instrument commenced the day after its registration and applies to the entities and products as listed, without any stated exclusions or exemptions. The scope of the Act is limited to the specified members and products, with no broader application beyond what is detailed in the determination.
Key Provisions
The Plant Health Australia (Plant Industries) Funding (Relevant Plant Industry Member) Determination 2022, made under subsection 3A(2) of the Plant Health Australia (Plant Industries) Funding Act 2002, identifies the specific plant products and the relevant plant industry members for which funding will be provided. This determination comes into effect the day after it is registered, as stipulated in section 2 of the instrument. The document clearly outlines the various bodies and their associated plant products, such as almonds, apples, pears, tea tree oil, bananas, logs, ginger, grapes, honey, macadamias, mangoes, melons, olives, hard onions, sweet potatoes, table grapes, processing and unprocessed potatoes, vegetables, avocados, cherries, chestnuts, citrus, cotton, dried vine fruits, leviable coarse grains, leviable grain legumes, leviable oilseeds, wheat, potted plants, sugar cane, pineapples, rice, strawberries, and stone fruit.
The obligations imposed by this determination on the relevant plant industry members include the provision of accurate and timely information regarding the plant products they are responsible for. These members must ensure compliance with any related funding requirements and participate in any necessary reporting or monitoring activities as outlined by the Plant Health Australia (Plant Industries) Funding Act 2002. The determination specifies the relevant plant industry member for each EPPR plant product, which aids in the allocation and administration of funding.
There are no explicit offences or penalties mentioned in the determination itself. However, any breach of the Plant Health Australia (Plant Industries) Funding Act 2002, which this determination supports, could potentially result in legal consequences, including fines and other penalties. The specific penalties would depend on the nature and severity of the breach, as well as any related provisions within the primary Act. The determination does not detail these potential penalties but serves to clarify the scope of funding and the specific entities involved.