Primary Industries (Consequential Amendments and Transitional Provisions) (Carry‑over Amount—Dairy Australia 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—Dairy Australia 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Note: This table relates only to the provisions of this instrument as originally made.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 Dairy Australia Limited (ABN 60 105 227 987); and
- the relevant financial year that is the financial year beginning on 1 July 2025;
the amount is: $0.
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: Dairy Australia Limited’s qualifying expenditure amount for the financial year beginning on 1 July 2025 is taken to include the amount specified in 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—Dairy Australia Limited) Instrument 2026 was introduced to address the specific financial transitional arrangements for the recipient body, Dairy Australia Limited, in relation to its qualifying expenditure for the financial year commencing 1 July 2025. This instrument was enacted by Julie Collins, the Minister for Agriculture, Fisheries and Forestry, and it was made under subitem 5(6) of Schedule 3 to the Primary Industries (Consequential Amendments and Transitional Provisions) Act 2024. The policy objective is to ensure a smooth financial transition for Dairy Australia Limited by specifying a carry-over amount of $0 for the designated financial year, thereby aligning with the provisions of the Primary Industries Levies and Charges Disbursement Act 2024. The instrument will be repealed at the start of 1 July 2026, providing a temporary solution until that date.
Scope and Application
The Primary Industries (Consequential Amendments and Transitional Provisions) (Carry-over Amount—Dairy Australia Limited) Instrument 2026 applies to the recipient body identified as Dairy Australia Limited, specifically in relation to the financial year beginning on 1 July 2025. This instrument is made under the authority of the Primary Industries (Consequential Amendments and Transitional Provisions) Act 2024, and it operates to set the carry-over amount for Dairy Australia Limited to $0 for the specified financial year. It ensures that, for the purposes of the Primary Industries Levies and Charges Disbursement Act 2024, paragraph 24(1)(b) of that Act does not apply, thereby altering the qualifying expenditure amount for Dairy Australia Limited. The instrument will be repealed at the start of 1 July 2026, thus limiting its application to the specified financial year.
Key Provisions
This instrument, the Primary Industries (Consequential Amendments and Transitional Provisions) (Carry-over Amount—Dairy Australia Limited) Instrument 2026, sets out specific transitional provisions relating to the financial arrangements of Dairy Australia Limited for the financial year starting on 1 July 2025. Under section 5, it specifies that the carry-over amount for Dairy Australia Limited for that financial year is $0. This particular provision is intended to adjust the qualifying expenditure amount for Dairy Australia Limited, as outlined in the Primary Industries (Consequential Amendments and Transitional Provisions) Act 2024.
The obligations imposed by this instrument include the need for Dairy Australia Limited to comply with the financial reporting and disclosure requirements as specified under the Primary Industries Levies and Charges Disbursement Act 2024. The instrument also mandates that the carry-over amount for the specified financial year be set at $0, which affects how the qualifying expenditure amount is calculated for that period.
Breach of the provisions of this instrument could lead to civil or criminal consequences, depending on the nature and severity of the non-compliance. While the instrument itself does not explicitly state the penalties, it is made under the authority of the Primary Industries (Consequential Amendments and Transitional Provisions) Act 2024, which may include provisions for penalties. These could range from fines to more severe penalties, depending on the specific breaches and the context in which they occur. The instrument will be repealed at the start of 1 July 2026, after which it will no longer be in effect.