Primary Industries (Consequential Amendments and Transitional Provisions) (Carry‑over Amount—Horticulture Innovation 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—Horticulture Innovation 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Note: This table relates only to the provisions of this instrument as originally made.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 Horticulture Innovation Australia Limited (ABN 71 602 100 149); and
- the relevant financial year that is the financial year beginning on 1 July 2025;
the amount is $307,310.00 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: Horticulture Innovation Australia 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—Horticulture Innovation Australia Limited) Instrument 2026 was made under subitem 5(6) of Schedule 3 to the Primary Industries (Consequential Amendments and Transitional Provisions) Act 2024. Enacted by Julie Collins, Minister for Agriculture, Fisheries and Forestry, this instrument was designed to address transitional financial provisions specific to Horticulture Innovation Australia Limited for the financial year commencing 1 July 2025. The primary objective is to specify a carry-over amount that should be included in the recipient body’s qualifying expenditure for the purposes of the Primary Industries Levies and Charges Disbursement Act 2024. This instrument ensures a seamless transition by adjusting financial allocations according to the legislative requirements outlined in the relevant acts.
Scope and Application
The Primary Industries (Consequential Amendments and Transitional Provisions) (Carry-over Amount—Horticulture Innovation Australia Limited) Instrument 2026 applies to Horticulture Innovation Australia Limited, a specific recipient body under the Primary Industries Levies and Charges Disbursement Act 2024, for the financial year beginning on 1 July 2025. This instrument specifies the carry-over amount for this entity for the mentioned financial year, which is calculated as $307,310.00 multiplied by 2, amounting to $614,620.00. The instrument is made under the authority of subitem 5(6) of Schedule 3 to the Primary Industries (Consequential Amendments and Transitional Provisions) Act 2024, and it comes into effect the day after it is registered. Notably, the instrument will be repealed at the start of 1 July 2026, effectively limiting its duration to one financial year.
Key Provisions
The Primary Industries (Consequential Amendments and Transitional Provisions) (Carry-over Amount—Horticulture Innovation Australia Limited) Instrument 2026I, as made under the Primary Industries (Consequential Amendments and Transitional Provisions) Act 2024, sets out specific provisions concerning the carry-over amount for Horticulture Innovation Australia Limited (HIA) for the financial year beginning on 1 July 2025. Section 5 of the instrument specifies that the carry-over amount for HIA is $307,310.00 multiplied by 2, which equals $614,620.00. This amount is to be included in HIA's qualifying expenditure for the relevant financial year, replacing the application of certain provisions in the Primary Industries Levies and Charges Disbursement Act 2024 (sections 23 and 24). The instrument is designed to ensure that HIA's qualifying expenditure for the specified financial year is accurately calculated, taking into account this carry-over amount.
The instrument imposes specific obligations on HIA and potentially other recipient bodies governed by the Disbursement Act. HIA is required to include the carry-over amount specified in section 5 of this instrument in its qualifying expenditure for the financial year starting 1 July 2025. This calculation replaces the usual carry-over amount calculation under the Disbursement Act, ensuring that HIA's qualifying expenditure is correctly determined for the purposes of receiving disbursements. Additionally, the instrument specifies that it is repealed at the start of 1 July 2026, indicating that its provisions only apply for a limited period.
Breach of the obligations set out in this instrument could lead to various consequences. While the instrument itself does not explicitly detail specific offences or penalties for non-compliance, any failure to correctly calculate and include the carry-over amount as specified could potentially lead to disputes or discrepancies in the disbursements HIA is entitled to receive. The Primary Industries (Consequential Amendments and Transitional Provisions) Act 2024 and the Primary Industries Levies and Charges Disbursement Act 2024 would provide the framework for addressing such issues, including any relevant administrative or legal actions that might be necessary to rectify the non-compliance. The exact consequences would depend on the broader legislative context and any related regulations or guidelines.