Plant Health Australia (Plant Industries) Funding Repeal Determination 2016

Administered by Department of Agriculture

Legislation au F2017L00109 Not in force Legislative Instrument

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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

Overview

The Plant Health Australia (Plant Industries) Funding Act 2002 was enacted to facilitate a national approach to ensuring Australia’s plant health status through effective partnerships between government and industry. This Act requires funds raised by Plant Health Australia (PHA) levies and charges to be paid to PHA, allowing it to discharge a plant industry member’s fundable contribution liability for the year. The Plant Health Australia (Plant Industries) Funding Repeal Determination 2016, issued by the Deputy Prime Minister and Minister for Agriculture and Water Resources, was introduced to repeal the Plant Health Australia (Plant Industries) Funding Determination 2015, which had determined the annual PHA membership contributions for the previous year. This annual repeal is necessitated by the need to adjust the contributions each year based on PHA’s advice. The repeal is straightforward, as the previous determination pertains to a year that has already concluded, and no significant impact is expected as a new determination is made for the current year. PHA levies and charges, imposed by the Australian Government at the request of industry, are collected by the Department of Agriculture and Water Resources and paid to PHA in accordance with the Act. PHA was established in 2000 to enhance plant health status through effective partnerships on matters such as plant pest preparedness and prevention. Its budget, including core annual running costs, is subject to agreement by its government and industry members at the PHA Annual General Meeting. The financial contributions of plant industry members to PHA are determined each year according to the procedure set out in PHA’s constitution. The repeal of the 2015 funding determination and the introduction of the 2016-17 funding determination reflect the ongoing adjustments necessary to meet the current needs of the plant industry.

Scope and Application

The Plant Health Australia (Plant Industries) Funding Repeal Determination 2016 operates within the framework established by the Plant Health Australia (Plant Industries) Funding Act 2002, which pertains to the allocation of funds raised by Plant Health Australia (PHA) through levies and charges. These funds are intended to meet the annual fundable contribution liabilities of plant industry members for their respective plant products. The Act applies to entities and individuals designated as plant industry members by the Minister under the Primary Industries (Excise) Levies Act 1999, including bodies such as Grain Producers Australia, AUSVEG, and Wine Grape Growers Australia, which are responsible for managing and distributing funds raised from specific plant products. The Act is of national jurisdictional reach, applying across Australia as a federal instrument. The repeal of the Plant Health Australia (Plant Industries) Funding Determination 2015 by the 2016 Determination reflects the annual requirement to update the proportions of annual membership contributions for each relevant plant product, as advised by PHA. The new Determination takes into account the most recent advice from PHA and ensures that the 2016-17 membership contributions are accurately represented. The repeal ensures that the funding allocations are current and reflective of the latest industry contributions.

Key Provisions

The main sections of the Plant Health Australia (Plant Industries) Funding Repeal Determination 2016 (the Determination) are sections 1 to 4, which outline the name, commencement, authority, and schedules of the instrument (sections 1–4). Section 1 states that the name of the Determination is the Plant Health Australia (Plant Industries) Funding Repeal Determination 2016. Section 2 provides that the Determination commences on the day after it is registered. Section 3 states that the Determination is made under the Plant Health Australia (Plant Industries) Funding Act 2002. Section 4 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. The sole Schedule to the Determination, Schedule 1, repeals the Plant Health Australia (Plant Industries) Funding Determination 2015, which is superseded by the Plant Health Australia (Plant Industries) Funding Determination 2016. The Act imposes obligations and requirements on the parties or entities it governs, including Plant Health Australia (PHA), its members, and the Minister for Agriculture and Water Resources. Firstly, the Act requires funds raised by PHA levies and charges to be paid to PHA to discharge a plant industry member’s fundable contribution liability for the year (section 10). Secondly, 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, having regard to PHA’s advice (subsection 10(3)). Thirdly, the Act requires PHA to advise the Minister of the correct proportions of the annual membership contribution each year (subsection 10(2)). The Determination does not provide for any offences, penalties, or civil/criminal consequences for breach. However, non-compliance with the requirements of the Act may result in legal consequences, such as fines or imprisonment. The maximum penalty for contravening the Act is generally a fine of up to 100 penalty units (currently $22,000) for individuals and up to 500 penalty units (currently $110,000) for bodies corporate. Additionally, the Determination is compatible with human rights and freedoms recognised or declared under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

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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.