Primary Industries (Consequential Amendments and Transitional Provisions) (Carry‑over Amount—Wine Australia) 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—Wine Australia) 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Note: This table relates only to the provisions of this instrument as originally made.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 Wine Australia (ABN 89 636 749 924); and
- the relevant financial year that is the financial year beginning on 1 July 2025;
the amount is: $3,301,718.00 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: Wine Australia’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—Wine Australia) Instrument 2026 was enacted to provide transitional provisions and consequential amendments relating to the carry-over amount for Wine Australia for the financial year beginning on 1 July 2025, as specified under the Primary Industries (Consequential Amendments and Transitional Provisions) Act 2024. This instrument was made by Julie Collins, the Minister for Agriculture, Fisheries and Forestry, and it is designed to ensure a smooth transition by setting the carry-over amount for Wine Australia at $6,603,436.00 for the specified financial year. The policy objective of this instrument is to facilitate the accurate calculation of qualifying expenditure for Wine Australia under the Primary Industries Levies and Charges Disbursement Act 2024, by specifying the carry-over amount that should be included for the financial year in question.
Scope and Application
The Primary Industries (Consequential Amendments and Transitional Provisions) (Carry-over Amount—Wine Australia) Instrument 2026 applies specifically to the financial year beginning on 1 July 2025 in relation to Wine Australia, identified by its Australian Business Number (ABN) 89 636 749 924. The instrument modifies the qualifying expenditure amount for Wine Australia under the Primary Industries Levies and Charges Disbursement Act 2024, specifying a carry-over amount of $3,301,718.00 multiplied by two, thereby excluding the application of certain provisions regarding the calculation of this amount. This instrument, made under the authority of the Primary Industries (Consequential Amendments and Transitional Provisions) Act 2024, is applicable nationally within Australia and will be repealed at the start of 1 July 2026, marking the end of its transitional provisions.
Key Provisions
The Primary Industries (Consequential Amendments and Transitional Provisions) (Carry-over Amount—Wine Australia) Instrument 2026 outlines specific provisions related to the carry-over amount for Wine Australia, effective from the day after the instrument is registered. The primary operative sections are found in Part 2, specifically sections 5 and 6. Section 5 establishes the carry-over amount for Wine Australia for the financial year starting on 1 July 2025, specifying an amount of $3,301,718.00 multiplied by 2, which equals $6,603,436.00. This amount is determined under the authority of subitem 5(6) of Schedule 3 to the Primary Industries (Consequential Amendments and Transitional Provisions) Act 2024. Section 6 states that the instrument will be repealed at the start of 1 July 2026, indicating its temporary nature.
The Act imposes specific obligations on the relevant parties, primarily focusing on Wine Australia. The main requirement is the calculation and inclusion of the specified carry-over amount in Wine Australia's qualifying expenditure for the financial year starting on 1 July 2025. This amount is to be used in accordance with the Primary Industries Levies and Charges Disbursement Act 2024, specifically to adjust the qualifying expenditure calculation to exclude the normal carry-over amount stipulated in subsection 23(5) of that Act. This amendment ensures that Wine Australia's expenditure is accurately reflected for financial year 2025-2026.
In terms of consequences for breach, the legislation does not explicitly outline offences, penalties, or civil/criminal consequences for non-compliance with the carry-over amount provisions. However, it is implicit that adherence to the specified carry-over amount and its use in the qualifying expenditure calculation is crucial. Failure to comply with the legislative requirements could potentially lead to discrepancies in funding allocations or financial reporting inaccuracies, which might attract scrutiny or corrective measures from relevant authorities. The primary consequence would likely be financial, rather than a direct penalty, as it affects the disbursement of funds based on qualifying expenditure.