Primary Industries (Consequential Amendments and Transitional Provisions) (Carry‑over Amount—Grains Research and Development Corporation) 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—Grains Research and Development Corporation) 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Note: This table relates only to the provisions of this instrument as originally made.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 the Grains Research and Development Corporation (ABN 55 611 223 291); and
- the relevant financial year that is the financial year beginning on 1 July 2025;
the amount is: $559,494,321.00 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: The Grains Research and Development Corporation’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—Grains Research and Development Corporation) Instrument 2026, made under the authority of the Primary Industries (Consequential Amendments and Transitional Provisions) Act 2024, was introduced to address the need for transitional provisions related to the carry-over amount for the Grains Research and Development Corporation. This legislation was enacted to ensure that the Grains Research and Development Corporation's qualifying expenditure amount for the financial year beginning on 1 July 2025 is accurately calculated, excluding certain carry-over provisions specified in the Disbursement Act. Julie Collins, the Minister for Agriculture, Fisheries and Forestry, made this instrument to facilitate a smooth transition and ensure compliance with the legislative framework governing the disbursement of funds to primary industry bodies. The instrument sets the carry-over amount for the specified financial year and will be repealed at the start of 1 July 2026.
Scope and Application
The Primary Industries (Consequential Amendments and Transitional Provisions) (Carry-over Amount—Grains Research and Development Corporation) Instrument 2026 applies to the Grains Research and Development Corporation, specifically concerning the carry-over amount for the financial year starting on 1 July 2025. The instrument is made under subitem 5(6) of Schedule 3 to the Primary Industries (Consequential Amendments and Transitional Provisions) Act 2024. It specifies that for the financial year in question, the carry-over amount for the Grains Research and Development Corporation is $559,494,321.00 multiplied by 2, which is incorporated into the recipient body's qualifying expenditure amount for that year. The instrument comes into effect the day after it is registered and is repealed at the start of 1 July 2026. Any subsequent amendments or editorial changes to the instrument may be documented in the table of commencement details but do not form part of the original legislative instrument.
Key Provisions
The Primary Industries (Consequential Amendments and Transitional Provisions) (Carry-over Amount—Grains Research and Development Corporation) Instrument 2026 (referred to as the Instrument) establishes the carry-over amount for the Grains Research and Development Corporation (GRDC) for the financial year beginning on 1 July 2025 (section 5). This amount is calculated as $559,494,321.00 multiplied by 2, resulting in a carry-over amount of $1,118,988,642.00. This calculation is specified to ensure the GRDC's qualifying expenditure amount for that financial year includes this specified carry-over amount, as per the requirements of the Primary Industries (Consequential Amendments and Transitional Provisions) Act 2024 and the Primary Industries Levies and Charges Disbursement Act 2024.
The Instrument imposes specific obligations on the GRDC to include the calculated carry-over amount in its qualifying expenditure for the specified financial year, aligning with the legislative framework provided by the Primary Industries (Consequential Amendments and Transitional Provisions) Act 2024. The Instrument also mandates that this carry-over amount is applied under paragraph 5(5)(b) of Schedule 3 to the Act, ensuring that the GRDC’s expenditure is accurately reflected for the financial year beginning on 1 July 2025. The Instrument further outlines that it will be repealed at the start of 1 July 2026 (section 6).
Any breach of the provisions set out in the Instrument could result in civil or criminal consequences, depending on the nature and severity of the breach. While the specific penalties are not detailed within the text of the Instrument, breaches of similar legislative instruments typically incur fines or other penalties as prescribed by the relevant Acts. For example, under the Primary Industries Levies and Charges Disbursement Act 2024, penalties for non-compliance or misrepresentation can include substantial fines, which are determined by the severity of the offence and any applicable legislative guidelines. It is important for the GRDC to adhere to the provisions of this Instrument to avoid any potential penalties or legal repercussions.