Primary Industries (Consequential Amendments and Transitional Provisions) (Carry‑over Amount—Forest and Wood Products 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—Forest and Wood Products 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Note: This table relates only to the provisions of this instrument as originally made.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 Forest and Wood Products Australia Limited (ABN 75 127 114 185); 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: Forest and Wood Products 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—Forest and Wood Products Australia Limited) Instrument 2026, enacted under the authority of the Primary Industries (Consequential Amendments and Transitional Provisions) Act 2024, addresses the need to adjust the financial provisions for Forest and Wood Products Australia Limited concerning their qualifying expenditure amount for the financial year beginning on 1 July 2025. The instrument specifies that for this financial year, the carry-over amount for the recipient body is set at $0, effectively modifying the application of certain sections of the Primary Industries Levies and Charges Disbursement Act 2024. This legislative amendment ensures that the recipient body's qualifying expenditure amount for the specified financial year is correctly calculated without the need to apply a carry-over amount as provided in the Disbursement Act. The instrument will be repealed at the start of 1 July 2026, ensuring that the amendments are temporary and contextually relevant to the financial year in question.
Scope and Application
The Primary Industries (Consequential Amendments and Transitional Provisions) (Carry-over Amount—Forest and Wood Products Australia Limited) Instrument 2026 applies specifically to Forest and Wood Products Australia Limited for the financial year commencing 1 July 2025. The instrument is designed to amend consequential provisions related to the carry-over amount under the Primary Industries (Consequential Amendments and Transitional Provisions) Act 2024 and the Primary Industries Levies and Charges Disbursement Act 2024. It ensures that for the specified recipient body and financial year, the carry-over amount is set at $0, thereby excluding any carry-over amount from the qualifying expenditure calculation. The instrument’s jurisdiction is at the Commonwealth level, and it becomes effective the day after its registration. The instrument is repealed at the start of 1 July 2026, ensuring a limited temporal application.
Key Provisions
This instrument specifies the carry-over amount for Forest and Wood Products Australia Limited (FWP Australia) for the financial year beginning on 1 July 2025, as per section 5 of the Primary Industries (Consequential Amendments and Transitional Provisions) (Carry-over Amount—Forest and Wood Products Australia Limited) Instrument 2026 (the "Instrument"). The carry-over amount, as detailed in section 5, is set at $0 for FWP Australia for this particular financial year. This amount is specified under section 5(5)(b) of Schedule 3 to the Primary Industries (Consequential Amendments and Transitional Provisions) Act 2024 (the "Act") and is intended to modify how the qualifying expenditure amount for FWP Australia is calculated for the relevant financial year. The Instrument is made under subitem 5(6) of Schedule 3 to the Act, as noted in section 3.
The Instrument imposes specific obligations on FWP Australia concerning the calculation of its qualifying expenditure amount for the financial year starting on 1 July 2025. Under the Primary Industries Levies and Charges Disbursement Act 2024 (the "Disbursement Act"), FWP Australia's qualifying expenditure amount for that financial year will be adjusted to include the carry-over amount specified in this Instrument, which is $0. This adjustment is in lieu of the application of paragraph 24(1)(b) of the Disbursement Act, which normally doubles the carry-over amount for the financial year. This specific adjustment is effective from the commencement of the Instrument, as outlined in section 2 of the Instrument.
There are no explicit offences, penalties, or consequences for breach detailed within the text of the Instrument. However, given that the Instrument is made under the authority of the Primary Industries (Consequential Amendments and Transitional Provisions) Act 2024, any non-compliance with the requirements of the Instrument could potentially lead to consequences under the broader legislative framework of the Act. The Instrument itself is repealed at the start of 1 July 2026, as stated in section 6, thereby limiting its duration and applicability.