{"id":"F2024L01731","name":"Primary Industries (Consequential Amendments and Transitional Provisions) Rules 2024","slug":"primary-industries-consequential-amendments-and-transitional-provisions-rules-2024","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105546,"registerId":"commonwealth-F2024L01731-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n This instrument is the Primary Industries (Consequential Amendments and Transitional Provisions) Rules 2024.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n (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.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of this instrument

1 January 2025.

1 January 2025

\n```\n\n> Note: This table relates only to the provisions of this instrument as originally made.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.\n\n (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.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n This instrument is made under item 16 of Schedule 4 to the Primary Industries (Consequential Amendments and Transitional Provisions) Act 2024.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n In this instrument:\n\n> charge has the same meaning as in the Primary Industries Levies and Charges Collection Act 1991, as in force immediately before the commencement of this section.\n\n> collection products has the meaning given by Schedule 4 to the Primary Industries (Consequential Amendments and Transitional Provisions) Act 2024.\n\n> fishing levy means the levy imposed by section 5 of the Fishing Levy Act 1991.\n\n> fodder has the same meaning as in Part 5 of Schedule 14 to the Primary Industries (Customs) Charges Regulations 2000, as in force immediately before the commencement of this section.\n\n> levy has the same meaning as in the Primary Industries Levies and Charges Collection Act 1991, as in force immediately before the commencement of this section.\n\n> matching payments has the meaning given by Schedule 4 to the Primary Industries (Consequential Amendments and Transitional Provisions) Act 2024.\n\n> old disbursement law has the meaning given by Schedule 4 to the Primary Industries (Consequential Amendments and Transitional Provisions) Act 2024.\n\n> old fisheries disbursement law means the Primary Industries Research and Development Act 1989, and the Fisheries Research and Development Corporation Regulations 1991, as in force immediately before the commencement of item 1 of Schedule 4 to the Primary Industries (Consequential Amendments and Transitional Provisions) Act 2024.\n\n> sugar cane has the same meaning as in Schedule 24 to the Primary Industries (Excise) Levies Act 1999, as in force immediately before the commencement of this section.","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"Transitional rules","content":"## Part 2—Transitional rules","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Old levy on sugar cane and old charge on fodder","content":"#### 5 Old levy on sugar cane and old charge on fodder\n\n Sugar cane\n (1) Subject to this section, the following laws continue to apply on and after the commencement of this section in relation to levy on sugar cane and the 12‑month period beginning on 1 March 2024:\n (a) the Primary Industries (Excise) Levies Act 1999, and the regulations under that Act, as in force immediately before the commencement of this section;\n (b) the Primary Industries Levies and Charges Collection Act 1991, and the regulations under that Act, as in force immediately before the commencement of this section;\n (c) the Sugar Research and Development Services Act 2013, as in force immediately before the commencement of this section.\n Fodder\n (2) Subject to this section, the following laws continue to apply on and after the commencement of this section in relation to charge on fodder and the 12‑month period beginning on 1 July 2024:\n (a) the Primary Industries (Customs) Charges Act 1999, and the regulations under that Act, as in force immediately before the commencement of this section;\n (b) the Primary Industries Levies and Charges Collection Act 1991, and the regulations under that Act, as in force immediately before the commencement of this section;\n (c) the Primary Industries Research and Development Act 1989, and the regulations under that Act, as in force immediately before the commencement of this section.\n Common rules\n (3) If, in relation to that levy or charge, the due date for payment of the whole or a part of that levy or charge, or an amount equal to the whole or a part of that levy or charge, is a day (other than the last day) of a calendar month beginning on or after the commencement of this section, then the due date for that payment is taken to be the last day of that calendar month.\n (4) If, in relation to that levy or charge, the due date for lodging a return is a day (other than the last day) of a calendar month beginning on or after the commencement of this section, then the due date for that return is taken to be the last day of that calendar month.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Levy on mushrooms—alternative payment method for large producers or purchasers","content":"#### 6 Levy on mushrooms—alternative payment method for large producers or purchasers\n\n (1) If:\n (a) before the commencement of this section, a person was granted an approval under clause 18.8B of Schedule 22 to the Primary Industries Levies and Charges Collection Regulations 1991 in relation to the 2024‑2025 financial year; and\n (b) for that financial year, the person paid the levy concerned in accordance with the method set out in clause 18.8C of that Schedule;\n the person is taken to have been granted an approval (the new approval) under clause 36‑4 of Schedule 2 to the Primary Industries Levies and Charges Collection Rules 2024 for the 2025‑2026 financial year.\n (2) Subsection (1) does not prevent the new approval from being revoked in accordance with clause 36‑4 of Schedule 2 to the Primary Industries Levies and Charges Collection Rules 2024.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Fishing levy","content":"#### 7 Fishing levy\n\n The Primary Industries Research and Development Act 1989, and the Fisheries Research and Development Corporation Regulations 1991, as in force immediately before the commencement of this section, continue to apply on and after that commencement in relation to the fishing levy and the financial year beginning on 1 July 2023 or any earlier financial year.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Continuing operation of certain horticultural provisions","content":"#### 8 Continuing operation of certain horticultural provisions\n\n Despite the repeal of the Horticulture Marketing and Research and Development Services Act 2000 made by Schedule 1 to the Primary Industries (Consequential Amendments and Transitional Provisions) Act 2024, section 9 of the Horticulture Marketing and Research and Development Services (Transfer of Industry Assets and Liabilities) Regulation 2014, as in force immediately before the commencement of this section, continues to apply on and after that commencement in relation to an instrument that was in operation immediately before that commencement.","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Authorisations and delegations","content":"#### 9 Authorisations and delegations\n\n (1) An instrument in force under section 26 or 29 of the Primary Industries Levies and Charges Collection Act 1991 immediately before the commencement of this section continues in force on and after that commencement in relation to the continued application of that Act, and the regulations under that Act, on and after that commencement.\n (2) An instrument of delegation in force under the old disbursement law continues in force on and after the commencement of this section in relation to the continued application of that law on and after that commencement.","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Preserving old declarations of declared bodies","content":"#### 10 Preserving old declarations of declared bodies\n\n (1) A declared body declaration in force immediately before the commencement of item 1 of Schedule 4 to the Primary Industries (Consequential Amendments and Transitional Provisions) Act 2024 continues in force, on and after that commencement, in relation to the continued application of the old disbursement law on and after that commencement.\n\n> Note: Item 4 of Schedule 4 to the Primary Industries (Consequential Amendments and Transitional Provisions) Act 2024 deals with the continued application of the old disbursement law.\n\n (2) A declared body declaration is:\n (a) a declaration made under section 60 or 61 of the Australian Meat and Live‑stock Industry Act 1997 before 1 January 2025; or\n (b) a declaration made under section 7 of the Dairy Produce Act 1986 before 1 January 2025; or\n (c) a declaration made under section 6 of the Egg Industry Service Provision Act 2002 before 1 January 2025; or\n (d) a declaration made under section 11 of the Forestry Marketing and Research and Development Services Act 2007 before 1 January 2025; or\n (e) a declaration made under subsection 9(1) of the Horticulture Marketing and Research and Development Services Act 2000 before 1 January 2025; or\n (f) a declaration made under section 11 of the Pig Industry Act 2001 before 1 January 2025; or\n (g) a declaration made under section 9 of the Sugar Research and Development Services Act 2013 before 1 January 2025; or\n (h) a declaration made under section 30 of the Wool Services Privatisation Act 2000 before 1 January 2025.","sortOrder":11},{"sectionNumber":"11","sectionType":"section","heading":"Matching payments under the old fisheries disbursement law","content":"#### 11 Matching payments under the old fisheries disbursement law\n\n For the purposes of the operation of the old fisheries disbursement law in relation to the financial year beginning on 1 July 2024, paragraph 30A(2)(b) of the Primary Industries Research and Development Act 1989 applies as if a reference to the amounts paid to the Corporation during the year under subparagraphs (1)(a)(i) and (ii) included a reference to the amounts paid to the Corporation during the year under paragraph 36(1)(a) of the Primary Industries Levies and Charges Disbursement Act 2024.","sortOrder":12},{"sectionNumber":"12","sectionType":"section","heading":"Appropriations","content":"#### 12 Appropriations\n\n (1) Section 37 of the Primary Industries Levies and Charges Disbursement Act 2024 applies on and after the commencement of this section as if it also applied to payments by the Commonwealth on or after that commencement under:\n (a) the old disbursement law (as that law continues to apply under Schedule 4 to the Primary Industries (Consequential Amendments and Transitional Provisions) Act 2024) in relation to a levy or charge for a collection product; or\n (b) the old disbursement law (as that law continues to apply under Schedule 4 to the Primary Industries (Consequential Amendments and Transitional Provisions) Act 2024) in relation to matching payments to a body; or\n (c) the Primary Industries Research and Development Act 1989 (as that Act continues to apply under section 7 of this instrument) in relation to the fishing levy.\n (2) Section 52 of the Primary Industries Levies and Charges Disbursement Act 2024 applies on and after the commencement of this section as if it also applied to payments by the Commonwealth on or after that commencement under the Australian Animal Health Council (Live‑stock Industries) Funding Act 1996 (as that Act continues to apply under Schedule 4 to the Primary Industries (Consequential Amendments and Transitional Provisions) Act 2024) in relation to a levy or charge for a collection product.\n (3) Section 62 of the Primary Industries Levies and Charges Disbursement Act 2024 applies on and after the commencement of this section as if it also applied to payments by the Commonwealth on or after that commencement under the Plant Health Australia (Plant Industries) Funding Act 2002 (as that Act continues to apply under Schedule 4 to the Primary Industries (Consequential Amendments and Transitional Provisions) Act 2024) in relation to a levy or charge for a collection product.","sortOrder":13}],"analysis":{"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":"This instrument remains tightly focused on its original purpose as a transitional mechanism. It does not expand beyond consequential amendments and transitional provisions necessary for the implementation of the Primary Industries (Consequential Amendments and Transitional Provisions) Act 2024. The scope is appropriately limited to managing the changeover between old and new levy/charge systems."},"complexity_factors":["Heavy cross-referencing to multiple Acts and Regulations (Primary Industries Levies and Charges Collection Act 1991, Primary Industries (Consequential Amendments and Transitional Provisions) Act 2024, Fishing Levy Act 1991, etc.)","Multiple temporal conditions ('as in force immediately before commencement', specific financial years, 12-month periods beginning on specific dates)","Nested definitions relying on external legislation (8 defined terms, most referencing other statutes)","Conditional logic with multiple limbs (e.g., section 6 requires both pre-commencement approval AND payment in accordance with specific clause)","Preservation of instruments and declarations across repealed and new legislative frameworks","Deeming provisions (treating things 'as if' they occurred under different legislative provisions)","Specific industry-specific carve-outs (sugar cane, fodder, mushrooms, fishing, horticulture) requiring knowledge of those sectors"],"plain_english_summary":"This instrument provides transitional rules to bridge old and new laws on agricultural levies and charges, keeping existing payment, approval and declaration arrangements effective during the changeover. It ensures levy collection, agency delegations, and Commonwealth payments (including research funding) remain legally valid so farmers, fishers, industry bodies and agencies face no gaps or uncertainty while the new framework is implemented."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The instrument is transitional: it preserves and adapts the operation of existing levy, charge and disbursement rules for limited periods and circumstances rather than expanding substantive regulatory scope. It continues collection regimes, authorisations, delegations and declared‑body statuses, adjusts administrative timing, and ensures appropriation coverage for payments under the continuing old laws. The effect is continuity during the changeover, producing temporary overlap between old and new frameworks but not a permanent expansion of statutory reach."},"complexity_factors":["Heavy cross‑referencing to multiple existing Acts and regulations, increasing interpretive load (see definitions and references in s 4 and ss 5–8).","Multiple, staggered transitional periods with different start dates and 12‑month continuations (s 5: sugar cane and fodder; s 7: fishing levy).","Preservation of administrative instruments and approvals across regimes (continuing approvals and delegations under ss 6 and 9).","Retention of declared‑body declarations made under several repealed or amended Acts, requiring look‑back to older enactments (s 10).","Operational tweaks to statutory timing (due dates for payments and returns taken to be month‑end) that affect cashflow and compliance calendars (s 5(3)–(4)).","Bridging of payment streams between old fisheries disbursement law and the new disbursement Act (s 11), creating allocation and accounting complexity.","Extension of appropriation coverage to payments under continued old laws (s 12), requiring coordination between finance and program administrators.","Definitions that rely on ‘old’ law meanings and schedules increase legal drafting complexity and the need to consult multiple instruments (s 4)."],"plain_english_summary":"This instrument preserves existing primary‑industries levy, charge and disbursement arrangements for limited transitional periods while new laws take effect. It keeps older levy/charge rules, approvals, delegations and declared‑body designations in force for specified times, aligns payment and return due dates, and extends appropriation coverage so payments under the old arrangements remain authorised. It affects levy‑payers (producers, purchasers), industry bodies receiving disbursements, and the agencies that collect and pay levy funds."}},"importantCases":[],"_links":{"self":"/api/acts/primary-industries-consequential-amendments-and-transitional-provisions-rules-2024","history":"/api/acts/primary-industries-consequential-amendments-and-transitional-provisions-rules-2024/history","analysis":"/api/acts/primary-industries-consequential-amendments-and-transitional-provisions-rules-2024/analysis","conflicts":"/api/acts/primary-industries-consequential-amendments-and-transitional-provisions-rules-2024/conflicts","importantCases":"/api/acts/primary-industries-consequential-amendments-and-transitional-provisions-rules-2024/important-cases","documents":"/api/acts/primary-industries-consequential-amendments-and-transitional-provisions-rules-2024/documents"}}