EXPLANATORY STATEMENT
Issued by Authority of the Deputy Prime Minister and Minister for Agriculture and Water Resources
Plant Health Australia (Plant Industries) Funding Act 2002
Plant Health Australia (Plant Industries) Funding Repeal Determination 2016
Legislative Authority
The Plant Health Australia (Plant Industries) Funding Act 2002 (the Act) requires funds raised by Plant Health Australia (PHA) levies and charges to be paid to PHA to discharge a plant industry member’s fundable contribution liability for the year.
In accordance with clause 13 of Schedule 27 to the Primary Industries (Excise) Levies Act 1999, the Minister is able to declare a PHA plant industry member to be the designated body for two or more plant products. The funds raised through the PHA levy or charge on those plant products are used to discharge the plant industry member’s annual membership contribution to PHA.
Where a plant industry member of PHA is the designated body for two or more plant products, subsection 10(3) of the Act requires the Minister to determine for each of the relevant plant products what proportion of the annual membership contribution of the plant industry member relates to each plant product. The Minister must have regard to PHA’s advice in making the determination.
Purpose
The purpose of the Plant Health Australia (Plant Industries) Funding Repeal Determination 2016 (the Determination) is to repeal the Plant Health Australia (Plant Industries) Funding Determination 2015. The repeal is required annually because each year PHA advises the correct proportions of the annual membership contribution.
Background
PHA levies and charges are imposed by the Australian Government at the request of industry. PHA levies and charges are collected by the Department of Agriculture and Water Resources (the department), which pays the funds to PHA in accordance with the Act.
PHA was established in 2000 to facilitate a national approach to ensure Australia’s plant health status through effective partnerships between government and industry on matters such as plant pest preparedness and prevention, and emergency response and management. PHA’s budget, including its core annual running costs, are subject to agreement by its government and industry members at the PHA Annual General Meeting. PHA’s core annual running costs are shared between its members, with plant industry members’ liabilities generally met through a PHA levy or charge. The financial contributions of plant industry members to PHA are determined each year in accordance with the procedure set out in the constitution of PHA.
Grain Producers Australia, AUSVEG and Wine Grape Growers Australia are plant industry members which have been declared by the Minister under the Primary Industries (Excise) Levies (Designated Bodies) Declaration 2013 as the designated bodies for two or more plant products. PHA advised the department of the 2016-17 membership contributions of the relevant industries on 13 July 2016.
Impact and Effect
The Plant Health Australia (Plant Industries) Funding Determination 2015 determined the 2015-16 annual PHA membership contribution for each relevant plant product, in percentage terms.
The Determination will, in effect, repeal the Plant Health Australia (Plant Industries) Funding Determination 2015. There is no impact as the 2015 instrument relates to the PHA year that commenced on 1 July 2015. A new instrument is being made for the 2016-17 membership contributions.
Consultation
PHA has advised the proportions for each relevant PHA plant product for 2016-17 and requested that the Plant Health Australia (Plant Industries) Funding Repeal Determination 2015 be repealed. The proportions for each relevant PHA plant product for 2016-17 are set out in the Plant Health Australia (Plant Industries) Funding Determination 2016.
The Office of Best Practice Regulation (OBPR) has been consulted and has advised that a Regulatory Impact Statement is not required (OBPR Reference Number 21017 refers).
The Determination is compatible with human rights and freedoms recognised or declared under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. A full statement of compatibility is set out in the Attachment.
The Determination is a legislative instrument for the purposes of the Legislation Act 2003.
Details of the Plant Health Australia (Plant Industries) Funding Repeal Determination 2016
Section 1 – Name
This section provides that the name of the Determination is the Plant Health Australia (Plant Industries) Funding Repeal Determination 2016.
Section 2 – Commencement
This section provides that the Determination commences on the day after it is registered.
Section 3 – Authority
This section provides that the Determination is made under the Plant Health Australia (Plant Industries) Funding Act 2002.
Section 4 – Schedules
This section provides that 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.
Schedule 1 – Repeal
This part repeals the Plant Health Australia (Plant Industries) Funding Determination 2015, which is superseded by the Plant Health Australia (Plant Industries) Funding Determination 2016.
ATTACHMENT
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Plant Health Australia (Plant Industries) Funding Repeal Determination 2016
This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Legislative Instrument
This Legislative Instrument repeals the Plant Health Australia (Plant Industries) Funding Repeal Determination 2015 which determined the 2015-16 annual Plant Health Australia membership contribution for each relevant plant product, in percentage terms.
Human rights implications
This Legislative Instrument does not engage any of the applicable rights or freedoms.
Conclusion
This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.
The Hon. Barnaby Joyce MP
Deputy Prime Minister and Minister for Agriculture and Water Resources