{"id":"biosecurity-and-agriculture-management-industry-funding-scheme-cattle-regulations-2010","name":"Biosecurity and Agriculture Management Industry Funding Scheme (Cattle) Regulations 2010","slug":"biosecurity-and-agriculture-management-industry-funding-scheme-cattle-regulations-2010","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174121,"registerId":"wa-biosecurity-and-agriculture-management-industry-funding-scheme-cattle-regulations-2010-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Biosecurity and Agriculture Management Industry Funding Scheme (Cattle) Regulations 2010","content":"![Crest]()Western Australia\n\nBiosecurity and Agriculture Management Act 2007\n\nBiosecurity and Agriculture Management Industry Funding Scheme (Cattle) Regulations 2010\n\nWestern Australia\n\nBiosecurity and Agriculture Management Industry Funding Scheme (Cattle) Regulations 2010\n\nContents\n\nPart 1 — Preliminary\n\n1. Citation 1\n\n2. Commencement 1\n\n3. Terms used 1\n\nPart 2 — Cattle Industry Declared Pest Control and Compensation Account\n\n6. Cattle Industry Declared Pest Control and Compensation Account established 5\n\n7. Investment of the Account 5\n\nPart 3 — Management committee\n\n8. Establishment of Industry Management Committee 6\n\n9. Appointment and composition of the Industry Management Committee 6\n\n10. Remuneration and allowances for members of Industry Management Committee 7\n\n11. Functions of Industry Management Committee 8\n\nPart 4 — Cattle Industry Declared Pest Control and Compensation Funding Scheme\n\nDivision 1 — Contributions to the Account\n\n12. Term used: notice 9\n\n13. Area of operation and rate of contributions 9\n\n14. Liability to pay contributions 11\n\n15. Deduction and remittance of contributions 12\n\n16. Opting out of the Scheme 14\n\n17. Refund of contributions 14\n\nDivision 2 — Payments from the Account\n\n18. Approved programmes 15\n\n19. Payments in respect of costs of approved programmes 16\n\n20. Payments in respect of losses 16\n\n21. Payments in respect of destroying cattle 17\n\n22. General provisions regarding payments 18\n\n24. Purchase of capital assets out of the Account 20\n\n25. Other payments out of the Account 20\n\nPart 5 — Miscellaneous\n\n26. Review of Scheme 22\n\n27. Termination and winding up of Scheme 22\n\n28. Expiry of the regulations 24\n\n29. Offence 25\n\nSchedule 1 — Specified pests\n\nNotes\n\nCompilation table 27\n\nDefined terms\n\n  \n\nBiosecurity and Agriculture Management Act 2007\n\nBiosecurity and Agriculture Management Industry Funding Scheme (Cattle) Regulations 2010\n\n## Part 1 — Preliminary\n\n##### 1. Citation\n\nThese regulations are the *Biosecurity and Agriculture Management Industry Funding Scheme (Cattle) Regulations 2010*.\n\n##### 2. Commencement\n\nThese regulations come into operation as follows —\n\n(a) regulations 1 and 2 — on the day on which these regulations are published in the *Gazette*;\n\n(b) the rest of the regulations — on the day after that day.\n\n##### 3. Terms used\n\nIn these regulations —\n\nAccount means the Cattle Industry Declared Pest Control and Compensation Account established by regulation 6(1);\n\nappointments committee means the appointments committee established by the *Biosecurity and Agriculture Management Regulations 2013* regulation 129B(1);\n\napproved programme means a programme or measure approved by the Industry Management Committee under regulation 18(1);\n\narea of operation, at any time, means an area of the State in which the Scheme operates at that time in accordance with a declaration under regulation 13(1)(a);\n\ncattle means any bull, cow, ox, steer, heifer or calf of the bovine genus;\n\ncattle agent means a person who carries on a business consisting of or including acting as selling agents of cattle or carcasses on behalf of owners;\n\ncattle processor means a person who carries on a business consisting of or including the purchasing of cattle or carcasses from owners for the purpose of processing meat;\n\nchargeable payment, in relation to a chargeable sale, means a payment due by the purchaser to the owner in respect of the cattle or carcasses of cattle sold and, if under the terms of the chargeable sale more than one such payment is due, means the first such payment;\n\nchargeable sale means a sale by the owner of —\n\n(a) cattle which —\n\n(i) are located on a property within an area of operation; or\n\n(ii) have been removed from such a property for the purpose of offering them for sale; or\n\n(b) the carcasses of cattle which were removed from a property within an area of operation for the purpose of slaughter;\n\ncontributing participant, for a financial year, means a participant for that financial year who is not a full participant for that financial year;\n\nfull participant, for a financial year, means a participant for that financial year who —\n\n(a) has not opted out of the Scheme under regulation 16(1) for any previous financial year; or\n\n(b) has since last opting out of the Scheme under regulation 16(1) —\n\n(i) been a non‑participant for only one financial year; and\n\n(ii) been a contributing participant for the 2 consecutive financial years succeeding that financial year;\n\nor\n\n(c) has since last opting out of the Scheme under regulation 16(1) —\n\n(i) been a non‑participant for a period of 2 or more consecutive financial years; and\n\n(ii) been a contributing participant for the 3 consecutive financial years succeeding that period;\n\nIndustry Management Committee means the Cattle Industry Funding Scheme Management Committee established by regulation 8;\n\nnon‑participant, for a financial year, means an owner who opts out of the Scheme for that financial year under regulation 16(1);\n\nowner means an owner of cattle, but does not include an agent or manager of the owner, or another person who has possession or control of the cattle;\n\nparticipant, for a financial year, means an owner who does not opt out of the Scheme for that financial year under regulation 16(1);\n\npest control requirement, in relation to an owner, means —\n\n(a) a direction to the owner to comply with a specified code of practice or to take specified measures given to the owner in a pest control notice under section 31 of the Act; or\n\n(b) an obligation imposed on the owner by a management plan under section 45 of the Act; or\n\n(c) an obligation imposed on the owner by regulations made under the Act for the purposes of pest control;\n\nreview panel means the review panel established by the *Biosecurity and Agriculture Management Regulations 2013* regulation 129D(1);\n\nScheme means the scheme constituted by Part 4;\n\nspecified pest means a declared pest which is specified in Schedule 1.\n\n[Regulation 3 amended: SL 2020/255 r. 4.]\n\n[**4,** **5.** Deleted: SL 2020/255 r. 5.]\n\n## Part 2 — Cattle Industry Declared Pest Control and Compensation Account\n\n##### 6. Cattle Industry Declared Pest Control and Compensation Account established\n\n(1) An agency special purpose account called the Cattle Industry Declared Pest Control and Compensation Account is established under the *Financial Management Act 2006* section 16 for the cattle industry.\n\n(2) The Director General is to maintain and administer the Account in consultation with the Industry Management Committee.\n\n##### 7. Investment of the Account\n\nAny moneys standing to the credit of the Account may, until required for the purposes of the Act, be temporarily invested by the Director General in the same manner as public moneys standing to the credit of the Public Bank Account referred to in the *Financial Management Act 2006* section 11 may be invested, and all interest derived from that investment is to be credited to the Account.\n\n## Part 3 — Management committee\n\n##### 8. Establishment of Industry Management Committee\n\nA Cattle Industry Funding Scheme Management Committee is established for the Account.\n\n##### 9. Appointment and composition of the Industry Management Committee\n\n(1) The Industry Management Committee is to consist of at least 5, and not more than 7, persons appointed by the Minister after consulting, and taking account of, the views of the appointments committee.\n\n(2) Subject to subregulation (3), each person appointed by the Minister on or after 1 July 2010 to be a member of the Industry Management Committee is to be a full participant.\n\n(3) The Minister may appoint a person who is not a full participant to be a member of the Industry Management Committee if —\n\n(a) in the opinion of the Minister, the person appointed —\n\n(i) is familiar with the interests of owners, or has knowledge or experience enabling that person to understand those interests; or\n\n(ii) has a financial interest in the cattle industry; or\n\n(iii) has extensive or special experience in the cattle industry;\n\nand\n\n(b) immediately after the appointment, there will not be more than 2 members of the Industry Management Committee who are not full participants.\n\n(4) On the appointment of a member of the Industry Management Committee, the Minister is to set a term of office, not exceeding 3 years, for that member.\n\n(5) A member of the Industry Management Committee ceases to hold office —\n\n(a) on the expiry of the member’s term of office; or\n\n(b) upon retiring from office by written notice to the Minister; or\n\n(c) upon being removed from office by the Minister by written notice; or\n\n(ca) if the member was a participant at the time of appointment — at the beginning of the financial year for which the member opts out of the Scheme under regulation 16(1); or\n\n(d) upon death.\n\n(6) Subject to subregulation (7), a member of the Industry Management Committee whose term of office expires may, if qualified for appointment under subregulation (2) or (3), be immediately reappointed.\n\n(7) A member of the Industry Management Committee who is reappointed in accordance with subregulation (6), and whose term of office set on reappointment expires, may not be reappointed until at least one year has passed.\n\n[Regulation 9 amended: SL 2020/255 r. 6.]\n\n##### 10. Remuneration and allowances for members of Industry Management Committee\n\nEach member of the Industry Management Committee is to be paid such remuneration and allowances as the Minister, on the recommendation of the Public Sector Commissioner, determines in the case of that member.\n\n[Regulation 10 amended: Gazette 11 Feb 2011 p. 506‑7.]\n\n##### 11. Functions of Industry Management Committee\n\n(1) The Industry Management Committee is to —\n\n(a) advise the Director General on the administration of the Account; and\n\n(b) exercise the other functions conferred on it by Part 4.\n\n(2) The Industry Management Committee is from time to time, and at least once in each financial year, to consult owners, directly or through representative organisations or both, for the purpose of ascertaining views in the cattle industry concerning the operation of the Scheme and the performance by the Industry Management Committee of its functions under these Regulations.\n\n(3) The Industry Management Committee is to report annually, and more frequently if directed by the Minister, on —\n\n(a) the operation and effectiveness of the Scheme; and\n\n(b) any other matters relating to the operation of these regulations that the Minister specifies.\n\n(4) The Industry Management Committee is to —\n\n(a) give the Minister a copy of every report prepared under subregulation (3); and\n\n(b) make every such report available to participants.\n\n## Part 4 — Cattle Industry Declared Pest Control and Compensation Funding Scheme\n\n### Division 1 — Contributions to the Account\n\n##### 12. Term used: notice\n\nIn this Division —\n\nnotice means, except in regulation 13, a notice in a form required by the Director General or, if the Director General has made no requirement as to form, in a form acceptable to the Director General.\n\n##### 13. Area of operation and rate of contributions\n\n(1) In respect of the financial year 2010-11 and each subsequent financial year the Minister is to declare, on the recommendation of the Industry Management Committee, by notice published in the *Gazette* before the start of the financial year —\n\n(a) the area or areas of the State in which the Scheme is to operate; and\n\n(b) the rate at which contributions are to be paid under regulation 14.\n\n(2) The rate of owner contributions declared under subregulation (1)(b) —\n\n(a) is to be expressed either —\n\n(i) as a fixed sum; or\n\n(ii) as a percentage of the sale price\n\nper head of cattle or per carcass comprised in a chargeable sale; and\n\n(b) must not vary as between live cattle and carcasses; but\n\n(c) may vary as between different areas in which the Scheme operates during the year in question.\n\n(3) The Minister may declare a nil rate of contribution under subregulation (1)(b) in respect of any area or all areas in which the Scheme operates.\n\n(4) The Minister may, on the recommendation of the Industry Management Committee, amend or revoke a declaration made under subregulation (1) by notice published in the *Gazette*.\n\n(5) In making a recommendation for a declaration under subregulation (1)(b) or for an amendment or revocation under subregulation (4), the Industry Management Committee is to have regard to the estimated costs of making payments out of the Account during the financial year in respect of the current approved programmes.\n\n(6) A notice published under subregulation (1) or (4) which declares or amends a rate of contributions is to indicate the estimated proportion of the contribution which the Industry Management Committee projects is likely to be applied to fund payments relating to each specified pest.\n\n(7) If in respect of any financial year no notice is published under subregulation (1) before the start of the financial year then —\n\n(a) the Director General is to notify the Industry Management Committee that no notice has been published as required by subregulation (1); and\n\n(b) subject to amendment or revocation by notice under subregulation (4) the Minister is taken to have declared that —\n\n(i) the Scheme operates in the area or areas of the State in which it operated on the last day of the immediately preceding financial year; and\n\n(ii) contributions are to be paid at the rate or rates at which they were to be paid on the last day of the immediately preceding financial year.\n\n##### 14. Liability to pay contributions\n\n(1) Every owner who completes a chargeable sale is to pay a contribution to the Account in accordance with this Scheme.\n\n(2) If —\n\n(a) an animal is sold in a chargeable sale; and\n\n(b) a contribution is paid in respect of the chargeable sale in accordance with regulation 15(3) or (7); and\n\n(c) the animal is slaughtered within 14 days of the chargeable sale; and\n\n(d) the carcass of the slaughtered animal is sold in a further chargeable sale; and\n\n(e) any written statement made under regulation 15 in respect of the chargeable sale of the carcass includes particulars of the prior chargeable sale of the animal,\n\nthen no contribution is payable under subregulation (1) in respect of the chargeable sale of the carcass.\n\n(3) If —\n\n(a) an animal is sold in a chargeable sale; and\n\n(b) a contribution is paid in respect of the chargeable sale in accordance with regulation 15(3) or (7); and\n\n(c) the animal is within 28 days of the chargeable sale removed from a property within an area of operation for the purpose of offering it for sale outside the State; and\n\n(d) any written statement made under regulation 15 in respect of the removal of the animal includes particulars of the prior chargeable sale of the animal and of the intended offering of the animal for sale outside the State,\n\nthen no contribution is payable under subregulation (1) in respect of the removal of the animal.\n\n(4) The amount of the contribution payable in respect of a chargeable sale is to be calculated by reference to the rate of charge declared at the time the contract of sale is formed.\n\n[Regulation 14 amended: SL 2020/255 r. 7.]\n\n##### 15. Deduction and remittance of contributions\n\n(1) When a chargeable sale is made to a cattle processor, the cattle processor is —\n\n(a) when making the chargeable payment in respect of the chargeable sale, to deduct the amount of the contribution payable under regulation 14; and\n\n(b) give the owner a written statement in such form as the Director General may require of the amount deducted.\n\nPenalty for this subregulation: a fine of $20 000.\n\n(2) When a chargeable sale is not made to a cattle processor, but is made through a cattle agent, the cattle agent is —\n\n(a) when remitting to the owner the chargeable payment in respect of the chargeable sale, deduct the amount of the contribution payable under regulation 14; and\n\n(b) give the owner a written statement in such form as the Director General may require of the amount deducted.\n\nPenalty for this subregulation: a fine of $20 000.\n\n(3) Within 30 days of the end of each calendar month, a cattle processor or a cattle agent is to —\n\n(a) pay to the Director General all amounts it has deducted during that calendar month in accordance with subregulation (1) or (2); and\n\n(b) give to the Director General a statement in writing in such form as the Director General may require, setting out each amount it has deducted, and such details of each chargeable sale in respect of which it has made deductions as the Director General may require.\n\nPenalty for this subregulation: a fine of $20 000.\n\n(4) The payment by a cattle processor or a cattle agent to the Director General in accordance with subregulation (3) of any amount which has been deducted from a chargeable payment is, to the extent of that amount, a partial discharge of that person’s obligation to make the chargeable payment to the owner and the amount is taken for the purposes of this Scheme to have been paid to the Account by the owner.\n\n(5) In relation to each chargeable sale into which a cattle processor or a cattle agent enters, the cattle processor or cattle agent is to keep for at least 5 years records and accounts showing —\n\n(a) the identity of the owner with whom it transacted; and\n\n(b) the number of cattle or carcasses of cattle sold; and\n\n(c) the amount of charge deducted under subregulation (1) or (2) in connection with the sale; and\n\n(d) the amount and date of any payment made to the Director General under subregulation (3) in respect of the sale.\n\n(6) The Director General may appoint an officer to inspect, examine and audit records and accounts kept by a cattle processor or a cattle agent under subregulation (5), and for that purpose —\n\n(a) the appointed officer may at any time require the production of records and the provision of information; and\n\n(b) the cattle processor or cattle agent is to furnish the appointed officer with such records and information as the officer may require.\n\n(7) Where an owner makes a chargeable sale which is not made to a cattle processor and is not made through a cattle agent, the owner is, within 14 days of the chargeable sale, whether the chargeable payment has or has not been made —\n\n(a) to pay to the Director General the amount of the contribution payable under regulation 14; and\n\n(b) to give to the Director General a statement in writing in such form as the Director General may require, setting out such details of the chargeable sale as the Director General may require.\n\n[Regulation 15 amended: SL 2020/255 r. 8 and 15.]\n\n##### 16. Opting out of the Scheme\n\n(1) An owner may opt out of the Scheme for any financial year by notice given to the Director General in accordance with subregulation (2).\n\n(2) A notice under subregulation (1) is —\n\n(a) to specify the financial year to which it relates; and\n\n(b) to be received by the Director General —\n\n(i) where the notice specifies the financial year 2010-11, between 1 June 2010 and 31 July 2010; and\n\n(ii) where the notice specifies any other financial year, between 1 June and 30 June in the immediately preceding financial year.\n\n##### 17. Refund of contributions\n\n(1) An owner who has opted out of the Scheme under regulation 16(1) for a specified financial year may by notice given to the Director General before the 31 July following the end of the specified financial year request a refund of any contribution paid on behalf of that owner during that financial year.\n\n(2) A notice under subregulation (1) is —\n\n(a) to set out details of the contributions the refund of which is requested; and\n\n(b) to be accompanied by evidence acceptable to the Director General of the payment of the contributions.\n\n(3) If the Director General receives a notice under subregulation (1) and is satisfied that the contributions set out in the notice were paid on behalf of the owner —\n\n(a) the Director General is to notify the Industry Management Committee of the receipt of the notice and of the amount of contributions set out in the notice; and\n\n(b) the Industry Management Committee is to direct the Director General to repay to the owner out of the Account the amount of the contributions.\n\n[Regulation 17 amended: SL 2020/255 r. 9.]\n\n### Division 2 — Payments from the Account\n\n##### 18. Approved programmes\n\n(1) For the purposes of the Scheme the Industry Management Committee may approve programmes and other measures for —\n\n(a) the control of a specified pest; or\n\n(b) the advancement and improvement of control measures for a specified pest.\n\n(2) The terms of every approval under subregulation (1) —\n\n(a) are to specify an amount which may be provided out of the Account towards the costs of the programme or measure approved; and\n\n(b) may designate particular pest control requirements, control measures, or research, development or other activities which constitute the approved programme or part of it and specify —\n\n(i) the amount or amounts which may be provided out of the amount specified under paragraph (a) towards the costs of those requirements, measures and activities; or\n\n(ii) the basis on which such amounts are to be calculated;\n\nand\n\n(c) may specify further terms and conditions subject to which any amount is payable.\n\n##### 19. Payments in respect of costs of approved programmes\n\n(1) Subject to subregulations (2) and (3) and to regulation 22, the Director General is to make payments out of the Account towards the costs of approved programmes.\n\n(2) The total of the payments made out of the Account towards the costs of an approved programme is not to exceed the amount specified in respect of that approved programme under regulation 18(2)(a).\n\n(3) Every payment made out of the Account towards the costs of an approved programme is to be paid in accordance with any terms and conditions specified in the approval of the approved programme.\n\n##### 20. Payments in respect of losses\n\n(1) Subject to subregulations (2) and (3) and to regulation 22, the Director General is on the approval of the Industry Management Committee to make payments of compensation out of the Account to a person who has suffered loss —\n\n(a) as a result of the person’s cattle or other related thing being infected or infested with a specified pest; or\n\n(b) as a result of actions or measures taken under the Act to control a specified pest.\n\n(2) No payment shall be made under subregulation (1) in respect of any breach of contract, loss of production or other indirect, incidental or consequential loss, but only in respect of losses arising directly from infection or infestation with the specified pest, or from actions or measures taken to control the specified pest, as the case may be.\n\n(3) The Industry Management Committee is not to approve a payment under subregulation (1) to a person who is not an owner unless it is satisfied that it is in the best interests of participants to make the payment.\n\n(4) The amount of a payment under subregulation (1) is not to exceed the amount of the loss incurred.\n\n(5) The Industry Management Committee —\n\n(a) subject to subregulation (4), is to specify the amount of any payment out of the Account under subregulation (1) or the basis upon which the amount is to be determined, and may specify different amounts or bases for payments to owners and for payments to persons who are not owners; and\n\n(b) may specify that the payment of compensation is conditional upon the recipient undertaking to perform stated actions or implement stated measures for the control of the specified pest; and\n\n(c) may specify further terms and conditions to which the payment is to be subject.\n\n[Regulation 20 amended: SL 2020/255 r. 10.]\n\n##### 21. Payments in respect of destroying cattle\n\n(1) Subject to subregulation (2) and to regulation 22, the Director General is on the approval of the Industry Management Committee to make payments out of the Account to a person towards the costs and expenses of destroying cattle or other related things under the Act —\n\n(a) because they are infected or infested with a specified pest; or\n\n(b) as a result of other actions or measures taken under the Act to control a specified pest.\n\n(2) The Industry Management Committee is not to approve a payment under subregulation (1) to a person who is not an owner unless it is satisfied that it is in the best interests of participants to make the payment.\n\n(3) The amount of a payment under subregulation (1) is not to exceed the amount of the costs and expenses incurred.\n\n(4) The Industry Management Committee —\n\n(a) subject to subregulation (3), is to specify the amount of any payment out of the Account under subregulation (1) or the basis upon which the amount is to be determined, and may specify different amounts or bases for payments to owners and for payments to persons who are not owners; and\n\n(b) may specify that the payment of compensation is conditional upon the recipient undertaking to perform stated actions or implement stated measures for the control of the specified pest; and\n\n(c) may specify further terms and conditions to which the payment is to be subject.\n\n##### 22. General provisions regarding payments\n\n(1) No payment is to be made under regulation 19, 20 or 21 to an owner who is not a full participant for the financial year in which the losses, costs or expenses in respect of which the payment is made are incurred.\n\n(1A) No payment is to be made under regulation 20 or 21 to a person who is not an owner unless the person has paid contributions under this Scheme in accordance with these regulations.\n\n(2) No payment is to be made under regulation 19, 20 or 21 to a person who —\n\n(a) has failed to pay any contribution which the person is obliged to pay under this Scheme; or\n\n(b) has been convicted of an offence of failing to comply with a requirement under a written law to report the presence or suspected presence of the specified pest which is the subject of the actions or measures giving rise to a claim for payment; or\n\n(c) has failed to comply with any pest control requirement relating to that specified pest, or to perform any action or implement any measure which the person has undertaken to perform or implement under regulation 20(5)(b) or 21(4)(b).\n\n(3) No payment is to be made under regulation 19, 20 or 21 unless application for the payment has been made in any form, and in accordance with any procedures, and within any time limits, which the Industry Management Committee may have established.\n\n(4) Within 3 months of receiving an application for a payment under regulation 19, 20 or 21, the Director General is to notify the person making the application of —\n\n(a) what payment, if any, is to be made; and\n\n(b) if no payment is to be made, whether this is due to —\n\n(i) the Industry Management Committee not having approved the making of a payment; or\n\n(ii) another stated reason.\n\n(5) An applicant who is dissatisfied with the outcome of an application that the applicant has made for a payment under regulation 19, 20 or 21 may request a review of the application under the *Biosecurity and Agriculture Management Regulations 2013* regulation 129F(2).\n\n[Regulation 22 amended: SL 2020/255 r. 11; SL 2023/152 r. 4.]\n\n[**23.** Deleted: SL 2020/255 r. 12.]\n\n##### 24. Purchase of capital assets out of the Account\n\nWith the prior approval of the Industry Management Committee the Director General may purchase out of the Account capital assets required in connection with the purposes mentioned in regulations 19, 20 and 21.\n\n##### 25. Other payments out of the Account\n\n(1) The Director General may apply the Account —\n\n(a) in refunding contributions under regulation 17; and\n\n(b) in paying any amount required to be paid under section 146(3) of the Act and interest on that amount; and\n\n(c) in repaying an amount charged to the Consolidated Account and used for the purpose of controlling any specified pest; and\n\n(d) subject to subregulation (3), in paying —\n\n(i) remuneration and allowances for members of the appointments committee determined under the *Biosecurity and Agriculture Management Regulations 2013* regulation 129C(4) to the extent that the remuneration and allowances are costs and expenses of administering the Account; and\n\n(ii) remuneration and allowances for members of the Industry Management Committee determined under regulation 10; and\n\n(iii) remuneration and allowances for members of the review panel determined under the *Biosecurity and Agriculture Management Regulations 2013* regulation 129E(5) to the extent that the remuneration and allowances are costs and expenses of administering the Account;\n\nand\n\n(e) subject to subregulation (3), in paying the cost of the review for which regulation 26 provides; and\n\n(f) subject to subregulation (3), in paying or reimbursing any other costs and expenses of administering the Account.\n\n(2) The Director General may apply the Account under subregulation (1)(c) even though the amount to be repaid was charged to the Consolidated Account before the specified pest concerned was specified in Schedule 1.\n\n(3) The amount of costs or expenses paid under subregulation (1)(d) to (f) must be approved by the Industry Management Committee.\n\n(4) The Director General must notify the Industry Management Committee of any amount applied under subregulation (1)(b) or (c) within 1 month after application.\n\n[Regulation 25 amended: SL 2020/255 r. 13.]\n\n## Part 5 — Miscellaneous\n\n##### 26. Review of Scheme\n\n(1) In this regulation —\n\nindependent consultant means a person —\n\n(a) who is not employed by the State, by a State agency or by an organisation representing either persons participating in the cattle industry or persons participating in a sector of the cattle industry; and\n\n(b) who in the opinion of the Industry Management Committee is appropriately qualified to conduct the review for which this regulation provides.\n\n(2) As soon as is reasonably practicable after 30 June 2011 or such later date as the Industry Management Committee may determine, the Industry Management Committee is to commission one or more independent consultants —\n\n(a) to undertake a review of these Regulations, of the operation of the Scheme and of the benefits to the cattle industry of payments made out of the Account; and\n\n(b) to prepare a report of the review.\n\n(3) As soon as is reasonably practicable after receiving the report of the review, the Industry Management Committee is to —\n\n(a) give a copy of the report to the Minister; and\n\n(b) make the report available to participants.\n\n##### 27. Termination and winding up of Scheme\n\n(1) Subject to subregulation (2), the Scheme terminates on 30 June 2015.\n\n(2) If the Minister considers, after consulting —\n\n(a) the Industry Management Committee; and\n\n(b) the public authorities and any other persons, or organisations representing persons, which or who appear to the Minister —\n\n(i) to take part in implementing the Scheme; or\n\n(ii) to incur expenses in complying with the Scheme; or\n\n(iii) to be affected, or interested, in a significant way by the operation of the Scheme,\n\nthat the continuation of the Scheme is likely to be of benefit to the cattle industry, the Minister may declare by notice published in the *Gazette* during the financial year beginning on 1 July 2014 that the Scheme is not to terminate on 30 June 2015.\n\n(3) The Minister may at any time, after consulting the Industry Management Committee, declare by notice published in the *Gazette* that the Scheme terminates on a date specified in the notice.\n\n(4) On termination of the Scheme —\n\n(a) the Account is to be closed, and is not to be operated upon except as provided by this regulation; and\n\n(b) contributions payable under regulation 14 but unpaid as at termination remain payable and, on payment, are to be credited to the Account; and\n\n(c) other than as provided in paragraph (b), no further contributions are payable under regulation 14; and\n\n(d) refunds of contributions which as at termination are payable under regulation 17 but unpaid continue to be payable and, on payment, are to be debited to the Account; and\n\n(e) applications for payments out of the Account made under regulation 19, 20 or 21 which have not yet been determined are to be determined as though the Scheme had not terminated and any resulting payments made and debited to the Account; and\n\n(f) after termination, owners may apply within such time limit as the Industry Management Committee may specify for payments under regulation 19, 20 or 21 in respect of actions or measures taken before termination, and such applications are to be determined as though the Scheme had not terminated and any resulting payments made and debited to the Account; and\n\n(g) any amount required to be paid under section 146(3) of the Act is to be paid out of the Account, together with interest on that amount; and\n\n(h) the Director General is on the approval of the Industry Managing Committee to apply any residual balance standing to the credit of the Account in a manner which the Industry Management Committee considers to be for the benefit of participants.\n\n[Regulation 27 amended: SL 2020/255 r. 14.]\n\n##### 28. Expiry of the regulations\n\n(1) When, after the termination, the Industry Management Committee and the Director General report to the Minister that the entire balance of the Account has been applied in accordance with regulation 27(4), the Minister is to publish a notice in the *Gazette* stating —\n\n(a) that the Scheme has been terminated; and\n\n(b) that the Account has been fully applied; and\n\n(c) that these regulations expire at the end of the day on which the notice is published.\n\n(2) These regulations expire as stated in a notice published under subregulation (1).\n\n##### 29. Offence\n\nA person who knowingly makes a false statement, or who does, or is concerned in, any fraudulent act, for the purpose of obtaining any pecuniary benefit under this Scheme, whether for the person or for any other person, commits an offence.\n\nPenalty: a fine of $20 000.\n\nSchedule 1 — Specified pests\n\n[r. 3]\n\n1. Tuberculosis (*mycobacterium tuberculosis*)\n\n2. Bovine Johnes disease (*mycobacterium paratuberculosis*)\n\n3. Enzootic bovine leucosis (*bovine leucosis virus*)\n\n![]()\n\nNotes\n\nThis is a compilation of the *Biosecurity and Agriculture Management Industry Funding Scheme (Cattle) Regulations 2010* and includes amendments made by other written laws. For provisions that have come into operation see the compilation table.\n\nCompilation table\n\n| **Citation** | **Published** | **Commencement** |\n| --- | --- | --- |\n| *Biosecurity and Agriculture Management Industry Funding Scheme (Cattle) Regulations 2010* | 21 May 2010 p. 2093-126 | r. 1 and 2: 21 May 2010 (see r. 2(a));   Regulations other than r. 1 and 2: 22 May 2010 (see r. 2(b)) |\n| *Public Sector Reform (Consequential Amendments) Regulations 2011* r. 20 | 11 Feb 2011 p. 502‑7 | 12 Feb 2011 (see r. 2(d)) |\n| *Biosecurity and Agriculture Management Regulations Amendment (Industry Funding Schemes) Regulations 2020* Pt. 2 | SL 2020/255 24 Dec 2020 | 25 Dec 2020 (see r. 2(b)) |\n| *Biosecurity and Agriculture Management Regulations Amendment (Industry Funding Schemes) Regulations 2023* Pt. 2 | SL 2023/152   4 Oct 2023 | 5 Oct 2023 (see r. 2(b)) |\n\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\nAccount 3\n\nappointments committee 3\n\napproved programme 3\n\narea of operation 3\n\ncattle 3\n\ncattle agent 3\n\ncattle processor 3\n\nchargeable payment 3\n\nchargeable sale 3\n\ncontributing participant 3\n\nfull participant 3\n\nindependent consultant 26(1)\n\nIndustry Management Committee 3\n\nnon‑participant 3\n\nnotice 12\n\nowner 3\n\nparticipant 3\n\npest control requirement 3\n\nreview panel 3\n\nScheme 3\n\nspecified pest 3\n\n© State of Western Australia 2023.\n\nThis work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.\n\nAttribute work as: © State of Western Australia 2023.\n\nBy Authority: GEOFF O. LAWN, Government Printer\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The regulations remain focused on the same core purpose as originally enacted: an industry funding scheme to finance declared pest control programmes and limited compensation for cattle disease impacts listed in Schedule 1. Amendments reflected in the provided text mainly refine administration (definitions, committee composition and remuneration, participation rules, record‑keeping and eligibility conditions) rather than expanding the types of pests covered or radically broadening the Scheme’s objectives. The basic architecture (deducted contributions, committee approvals, Director General administration, opt‑out/refund mechanism, and winding‑up rules) is consistent with the original intent."},"complexity_factors":["~20 defined terms in the interpretation section (Reg 3 and Defined terms list)","Cross-references to the Biosecurity and Agriculture Management Act 2007 and to Biosecurity and Agriculture Management Regulations 2013 (multiple regs)","Conditional participant statuses (full participant, contributing participant, non‑participant) with multi‑year conditions","Ministerial declarations required annually for area of operation and rates with power to amend or revoke (Reg 13)","Several nested eligibility rules for payments (Reg 22: full participant requirement, payment conditions, exclusions for non‑compliance and convictions)","Multiple administrative actors with discrete roles and discretionary decisions (Minister, Industry Management Committee, Director General, appointments committee, review panel)","Record‑keeping, audit, monthly remittance and significant monetary penalties (Reg 15)","Termination and winding up rules with post‑termination application windows and directions for residual funds (Reg 27–28)","Approval process for programmes that can specify amounts, sub‑allocations and conditions (Regs 18–19)","Amendments and deletions across the instrument (2020, 2023) require checking historical versions for procedural changes"],"plain_english_summary":"**What this instrument does (mechanically)**\n\n- Establishes an industry-funded scheme to pay for declared pest control and for limited compensation in the cattle industry in Western Australia. (Regulations 6, 18–21.)\n- Creates a dedicated bank account — the Cattle Industry Declared Pest Control and Compensation Account — to hold contributions and to fund approved pest-control programmes, compensation and certain administrative expenses. (Regs 6–7, 24–25.)\n- Sets up an Industry Management Committee to recommend rates, approve programmes and payments, and advise the Director General who administers the Account. The Minister appoints members to that committee. (Regs 8–11.)\n- Requires cattle owners who complete a ‘‘chargeable sale’’ (sales of live cattle or carcasses connected to areas where the Scheme operates) to pay a contribution calculated per head or as a percentage of sale price. The Minister publishes the areas of operation and contribution rates before each financial year. (Regs 13–14.)\n- Makes cattle processors and cattle agents responsible for deducting contributions at payment and remitting them monthly to the Director General; individual owners who sell outside those arrangements must pay and report directly. Record‑keeping and audit rights are imposed. (Reg 15.)\n- Allows owners to opt out for a financial year by notice; owners who opt out may request refunds of contributions paid for that year. The regulations set timing and conditions for opt-out and refunds. (Regs 16–17.)\n- Authorises the Industry Management Committee to approve ‘‘approved programmes’’ (control measures, research, etc.) and to approve payments from the Account for programme costs, for direct losses caused by specified pests, and for costs of destroying infected cattle — subject to specified limits and conditions. (Regs 18–21.)\n- Restricts eligibility for payments: generally only ‘‘full participants’’ for the financial year are eligible, and payments may be refused if an applicant failed to pay contributions, failed to comply with pest‑control requirements, or has been convicted of failing to report pest presence. (Reg 22.)\n- Provides for an independent review of the Scheme, rules for termination and winding up, and an offence for fraudulent claims. (Regs 26–29.)\n- Lists the specified pests covered by the Scheme: tuberculosis, bovine Johne’s disease and enzootic bovine leucosis. (Schedule 1.)\n\n**Who it affects**\n\n- Owners of cattle (sellers) in areas where the Scheme operates: they are primarily liable for contributions and are the main potential recipients of payments from the Account. (Defs; Regs 13–17, 19–22.)\n- Cattle processors and cattle agents: required to deduct contributions at payment or remittance, keep records for at least five years, and remit funds monthly. (Reg 15.)\n- The Minister, Director General and the Industry Management Committee: they decide areas, rates, approvals of programmes and payments, administration and audit. (Regs 11, 13, 18–21, 24–25.)\n- Other persons affected include service providers to approved programmes, persons whose animals are destroyed under control measures, and non‑owner claimants in narrowly specified circumstances. (Regs 20–21.)\n\n**Why it matters (purpose claims and practical effects)**\n\n- The stated purpose is to fund pest‑control programmes and compensate for direct losses caused by specified cattle pests (Reg 18–21). If the purpose is achieved, the Scheme pools costs across market participants to finance coordinated control activities and provide limited compensation. \n\n- Who pays: the cost is imposed on sellers through a per‑head or percentage contribution declared by the Minister (Regs 13–15). Practically, sale proceeds received by owners are reduced by the contribution; processors/agents perform collection and remittance. (Reg 15.)\n\n- Who decides and exercises discretion: the Minister sets areas and contribution rates (Reg 13), the Industry Management Committee recommends rates and approves programmes and payments (Regs 11, 13, 18–21), and the Director General administers the Account and enforces remittance and record‑keeping (Regs 6, 7, 15, 25). That centralisation means a small group determines funding priorities and eligibility. (Regs 8–11, 18–21.)\n\n- Behaviour changes and incentives:\n  - Sellers face a direct transaction cost (the contribution) which may affect pricing, timing or location of sales (Reg 14). Some owners can opt out annually, but opt‑outs lose eligibility for payments and refunds are time‑limited (Regs 16–17, 22).\n  - Eligibility rules (payments generally limited to full participants and conditional on compliance with pest‑control requirements) create incentives for owners to remain within the Scheme and to comply with controls if they want compensation (Reg 22; Regs 20–21). \n  - Processors and agents bear compliance costs (administration, record keeping, potential fines up to $20,000 for breaches) and must pass collection duties through to sellers in practice (Reg 15). \n\n**Costs, trade‑offs and implementation risks**\n\n- Direct costs: contributions paid by owners; administrative costs of collection, monthly remittance, record‑keeping and audits for processors/agents; and Scheme administration costs (committee remuneration, reviews) paid from the Account. (Regs 15, 25.)\n\n- Opportunity costs and distributional issues: the burden is concentrated on transacting owners (especially those who sell frequently), while benefits (programme outputs and compensation) are concentrated on owners who both participate and comply. The Industry Management Committee decides what programmes and payments receive funds, so decision benefits and compliance costs may not align across all owners. (Regs 11, 13, 18–21.)\n\n- Moral hazard and anti‑moral‑hazard measures: payments are restricted to full participants and can be conditional on performing pest‑control actions (Reg 22; Regs 20–21). Those limits reduce the chance that a person will avoid prevention and then seek compensation, but they also create administrative complexity in tracking participant status and enforcing conditions. \n\n- Implementation risks: accurate collection and timely remittance depend on processors/agents and on the Director General’s audit capacity; discretionary approvals by the Committee mean funding outcomes depend on internal procedures and judgments (Regs 15, 18–19). Time limits for opt‑out, refund claims and payment applications create risks for owners who miss deadlines (Regs 16–17, 22). \n\n- Compliance and enforcement: the Scheme contains criminal penalties for fraudulent claims and significant fines for non‑compliance with collection and remittance duties (Regs 15, 29). These enforcement mechanisms raise compliance costs and require administrative capacity to investigate and prosecute. \n\n**Concrete trade‑offs a reader should note**\n\n- Cost pooling vs. private contracting: the Scheme pools funds to finance coordinated control and small compensations (possible public good in pest control), but it reduces private contract freedom by imposing a levy on sales and by conditioning compensation on Scheme rules (Regs 13–15, 18–22). \n- Simplicity vs. targeted eligibility: restricting payments to ‘‘full participants’’ and conditioning payments on compliance focuses funds on compliant contributors but requires tracking participant status over multiple years and adds complexity (Defs; Regs 3, 16, 22). \n\n**Key sections to look at when you need to act**\n\n- Who sets rates and areas: regulation 13.\n- Contribution mechanics and collection: regulations 14–15.\n- Opting out and refunds: regulations 16–17.\n- What the Account can pay for and eligibility limits: regulations 18–22 and Schedule 1 (listed pests).\n- Committee powers and administration: regulations 8–11 and 24–25.\n\n"},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation appears to maintain its original scope as an industry funding scheme for cattle disease control and compensation. While there have been amendments (notably in 2020 and 2023), these appear to be operational updates rather than scope expansion. The scheme remains focused on the three specified pests in Schedule 1 and the core mechanics of contributions and compensation have not expanded beyond the original cattle industry biosecurity purpose."},"complexity_factors":["21 defined terms in regulation 3, including complex nested definitions for 'full participant', 'contributing participant', and 'non-participant' that create a tiered membership system with different waiting periods","Multiple cross-references to the Biosecurity and Agriculture Management Act 2007 and the Biosecurity and Agriculture Management Regulations 2013 (appointments committee, review panel)","Conditional logic for contributions: different rules for sales to processors vs sales through agents vs direct sales (regulation 15)","Complex opt-out and re-entry mechanics with 1-year, 2-year, and 3-year waiting periods depending on absence duration (regulation 3 definitions of 'full participant')","Exemptions from contributions for specific scenarios (slaughter within 14 days, removal for interstate sale within 28 days) requiring documentary evidence (regulation 14)","Multiple conditions for payments: eligibility restricted to 'full participants', exclusion for non-compliance with pest control requirements, and exclusion for criminal convictions related to disease reporting (regulation 22)","Sunset/termination provisions with complex winding-up mechanics including post-termination claims (regulation 27)","Delegated legislative power: Minister declares operational areas and rates annually on Committee recommendation, with fallback provisions if declaration is late (regulation 13)"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations create a **user-pays funding scheme** for cattle farmers in Western Australia to help control specific livestock diseases and compensate farmers who suffer losses from those diseases.\n\n**How it works:**\n\n- **The Account:** A special bank account (the \"Cattle Industry Declared Pest Control and Compensation Account\") is set up to hold money collected from cattle sales.\n- **Who pays:** When cattle are sold, a small contribution (like a levy) is deducted from the sale price. Processors and agents collect this money and pass it to the government. Farmers selling directly pay it themselves.\n- **Who decides:** An **Industry Management Committee**—made up mostly of participating cattle farmers—advises on how the money is spent and sets priorities.\n- **What the money is used for:**\n  - Funding programmes to control three specific diseases: **tuberculosis, Bovine Johne's disease, and Enzootic bovine leucosis** (these are listed in Schedule 1).\n  - **Compensating farmers** whose cattle are destroyed or who suffer direct losses due to these diseases.\n  - Paying for research and improved control measures.\n\n**Key features:**\n\n- **Opt-out system:** Farmers can choose not to participate, but if they opt out, they generally can't claim compensation later (unless they rejoin and meet waiting periods).\n- **Full vs contributing participants:** Farmers who stay in the scheme continuously become \"full participants\" with full compensation rights. Those who opt out and rejoin face waiting periods (2-3 years) before they regain full benefits.\n- **Geographic flexibility:** The Minister can declare which areas of WA the scheme operates in each year, and set different contribution rates for different regions.\n\n**Why it matters:**\n\nThis is essentially **industry self-insurance**. Instead of taxpayers or individual farmers bearing the full cost of disease outbreaks, the industry collectively funds prevention and compensation through a small fee on every sale. It gives farmers a voice in managing biosecurity risks while providing a safety net if their herd is affected by these serious diseases."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed — the legislative text is unavailable due to a broken or retired URL. No comparison between original intent and current provisions is possible from the information provided."},"complexity_factors":["The actual legislative content is inaccessible — no substantive text is available to analyse","Industry funding scheme regulations typically involve levy calculations, registration requirements, and exemption criteria, which can add moderate complexity","Without the text, no meaningful complexity assessment of the operative provisions can be made — score reflects the minimal information available rather than the regulation itself"],"plain_english_summary":"This appears to be a Western Australian regulation under the Biosecurity and Agriculture Management Act establishing an industry funding scheme for cattle — likely requiring producers, processors or other participants to pay levies that fund biosecurity activities (disease surveillance, pest control, emergency response). \n\nThe source is offline so specific rules, levy rates, who must pay, and operation can’t be confirmed. If you may be affected, contact the Parliamentary Counsel’s Office or WA Department of Primary Industries and Regional Development for the authoritative version."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/biosecurity-and-agriculture-management-industry-funding-scheme-cattle-regulations-2010","history":"/api/acts/biosecurity-and-agriculture-management-industry-funding-scheme-cattle-regulations-2010/history","analysis":"/api/acts/biosecurity-and-agriculture-management-industry-funding-scheme-cattle-regulations-2010/analysis","conflicts":"/api/acts/biosecurity-and-agriculture-management-industry-funding-scheme-cattle-regulations-2010/conflicts","importantCases":"/api/acts/biosecurity-and-agriculture-management-industry-funding-scheme-cattle-regulations-2010/important-cases","documents":"/api/acts/biosecurity-and-agriculture-management-industry-funding-scheme-cattle-regulations-2010/documents"}}