Primary Industries (Consequential Amendments and Transitional Provisions) (Carry‑over Amount—Australian Pork Limited) Instrument 2026
I, Julie Collins, Minister for Agriculture, Fisheries and Forestry, make the following instrument.
Dated 13 January 2026
Julie Collins
Minister for Agriculture, Fisheries and Forestry
Contents
Part 1—Preliminary
1 Name
2 Commencement
3 Authority
4 Definitions
Part 2—Carry-over amount
5 Carry‑over amount
6 Repeal of this instrument
Part 1—Preliminary
1 Name
This instrument is the Primary Industries (Consequential Amendments and Transitional Provisions) (Carry‑over Amount—Australian Pork Limited) Instrument 2026.
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Note: This table relates only to the provisions of this instrument as originally made.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 subitem 5(6) of Schedule 3 to the Primary Industries (Consequential Amendments and Transitional Provisions) Act 2024.
4 Definitions
In this instrument:
Act means the Primary Industries (Consequential Amendments and Transitional Provisions) Act 2024.
Disbursement Act means the Primary Industries Levies and Charges Disbursement Act 2024.
recipient body has the same meaning as in the Disbursement Act.
Part 2—Carry-over amount
5 Carry‑over amount
For the purposes of paragraph 5(5)(b) of Schedule 3 to the Act, in relation to:
- the recipient body that is Australian Pork Limited (ABN 83 092 783 278); and
- the relevant financial year that is the financial year beginning on 1 July 2025;
the amount is: $1,644,617.00 multiplied by 2.
Note 1: Subitem 5(5) of Schedule 3 to the Act provides that, for the purposes of the operation of sections 23 and 24 of the Disbursement Act in relation to a recipient body and the financial year beginning on 1 July 2025, paragraph 24(1)(b) of that Act does not apply. Instead, the recipient body’s qualifying expenditure amount for that financial year is taken to include the amount specified in, or worked out in accordance with, an instrument made under subitem 5(6) in relation to that body.
Note 2: Paragraph 24(1)(b) of the Disbursement Act provides that a recipient body’s qualifying expenditure amount for a financial year includes any carry-over amount for the body for that year under subsection 23(5) of that Act, multiplied by 2.
Note 3: Australian Pork Limited’s qualifying expenditure amount for the financial year beginning on 1 July 2025 is taken to include the amount worked out in accordance with this section.
6 Repeal of this instrument
This instrument is repealed at the start of 1 July 2026.
Overview
The Primary Industries (Consequential Amendments and Transitional Provisions) (Carry-over Amount—Australian Pork Limited) Instrument 2026 was enacted to address transitional provisions and consequential amendments required due to changes in legislation, specifically relating to the carry-over amount for Australian Pork Limited for the financial year starting on 1 July 2025. This instrument was made by Julie Collins, the Minister for Agriculture, Fisheries and Forestry, under subitem 5(6) of Schedule 3 to the Primary Industries (Consequential Amendments and Transitional Provisions) Act 2024. The primary objective of this instrument is to ensure that Australian Pork Limited's qualifying expenditure amount for the relevant financial year includes a specific carry-over amount, as defined in this instrument, thereby facilitating the accurate application of the Primary Industries Levies and Charges Disbursement Act 2024. This instrument will be repealed at the start of 1 July 2026.
Scope and Application
The Primary Industries (Consequential Amendments and Transitional Provisions) (Carry-over Amount—Australian Pork Limited) Instrument 2026 applies to the specific entity, Australian Pork Limited, with the Australian Business Number (ABN) 83 092 783 278. This instrument, made under the authority of the Primary Industries (Consequential Amendments and Transitional Provisions) Act 2024, specifies the carry-over amount for Australian Pork Limited concerning the financial year starting 1 July 2025. The amount determined for this purpose is $1,644,617.00 multiplied by 2, as outlined in the instrument. This legislative instrument aims to ensure the correct calculation of qualifying expenditure for the recipient body in relation to the Primary Industries Levies and Charges Disbursement Act 2024, by excluding a specific carry-over amount for Australian Pork Limited during the specified financial year. The instrument will be repealed at the start of 1 July 2026, indicating its temporary nature to address specific transitional provisions.
Key Provisions
The Primary Industries (Consequential Amendments and Transitional Provisions) (Carry-over Amount—Australian Pork Limited) Instrument 2026 (hereinafter referred to as the "Instrument") provides specific details about the carry-over amount for Australian Pork Limited (APL) in the context of the Primary Industries (Consequential Amendments and Transitional Provisions) Act 2024 and the Primary Industries Levies and Charges Disbursement Act 2024. The Instrument specifies that the carry-over amount for APL, as defined under paragraph 5(5)(b) of Schedule 3 to the Act, for the financial year beginning on 1 July 2025, is $1,644,617.00 multiplied by 2, equating to $3,289,234.00. This amount is determined under subitem 5(6) of Schedule 3 to the Act, which modifies the application of certain sections of the Disbursement Act concerning APL for the specified financial year.
Under the Instrument, the primary obligation for APL is to adhere to the specified carry-over amount as outlined in section 5 of the Instrument. This amount is meant to be included in APL's qualifying expenditure for the financial year beginning on 1 July 2025, as per the terms of the Act and the Disbursement Act. The Instrument ensures that paragraph 24(1)(b) of the Disbursement Act does not apply in this case, replacing it with the specific carry-over amount detailed in the Instrument.
Failure to comply with the provisions of the Instrument could result in legal consequences. Although the Instrument does not explicitly outline penalties for non-compliance, it is implicit that any breach of the terms set forth could lead to disputes or legal actions under the governing Acts. The primary risk would be financial discrepancies or mismanagement of funds allocated to APL, potentially leading to legal scrutiny or financial penalties as defined under the broader legislative framework of the Act and the Disbursement Act. The Instrument will cease to have effect from 1 July 2026, as stated in section 6, which mandates its repeal on that date.