{"id":"primary-industry-funding-schemes-act-1998","name":"Primary Industry Funding Schemes Act 1998","slug":"primary-industry-funding-schemes-act-1998","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106351,"registerId":"sa-primary-industry-funding-schemes-act-1998-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Primary Industry Funding Schemes Act 1998","content":"South Australia\nPrimary Industry Funding Schemes Act 1998\nAn Act to make provision for schemes establishing funds for primary industry purposes; and for other purposes.\n\nContents\n1\tShort title\n3\tInterpretation\n4\tEstablishment of fund\n5\tApproval of society or association to administer fund\n6\tContributions to fund\n7\tApplication of fund\n8\tAdvances if fund insufficient to meet compensation payments\n9\tManagement plan for fund\n10\tAudit of fund\n11\tAnnual report for fund\n12\tAppointment of examiner of fund\n13\tWinding up of fund\n14\tObtaining information for purposes of audit, examination or winding up\n15\tBoard of trustees or society or association administering fund not agent of Crown\n16\tRegulations\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\n1—Short title\nThis Act may be cited as the Primary Industry Funding Schemes Act 1998.\n3—Interpretation\nIn this Act, unless the contrary intention appears—\napproved society or association—see section 5;\nauditor means a registered company auditor within the meaning of the Corporations Law;\nindustry member, in relation to a fund established under the regulations, means a member of the sector of primary industry for which the fund is established;\nrecord includes information kept by computer, microfilm or other process.\n4—Establishment of fund\n\t(1)\tThe Governor may make regulations establishing a fund for a particular sector of primary industry.\n\t(2)\tBefore regulations are made under subsection (1), the Minister must consult widely with industry members and give proper consideration to any representations made by industry members.\n\t(3)\tThe regulations will assign a distinctive name to a fund for the purposes of identifying the primary industry sector for which the fund is established.\n\t(4)\tThe regulations may provide that a fund is to be administered by—\n\t(a)\tthe Minister; or\n\t(b)\tan approved society or association in accordance with the rules of the society or association; or\n\t(c)\ta board of trustees (of whom there must be at least three appointed by the Minister after consultation with industry members) in accordance with a trust deed, as amended from time to time, incorporated or referred to in the regulations.\n\t(5)\tThe regulations may establish a consultative committee within a primary industry sector for the purposes of providing advice to the person or body administering a fund established for that sector.\n\t(6)\tA fund is to consist of—\n\t(a)\tcontributions paid or collected in accordance with the regulations for the purposes of the fund; and\n\t(b)\tincome of the fund from investment; and\n\t(c)\tany other contributions received by the person or body administering the fund for payment into the fund.\n\t(7)\tMoney not immediately required for the purposes of a fund may be invested.\n5—Approval of society or association to administer fund\nThe Minister may approve a society or association to administer a fund under this Act if—\n\t(a)\tthe society or association is incorporated under the Associations Incorporation Act 1985; and\n\t(b)\tthe society or association has as its object or one of its objects promoting the development of the primary industry sector for which the fund is established; and\n\t(c)\tin the opinion of the Minister, the rules of the society or association make appropriate provision for the administration of any fund for which the society or association is or will be responsible under this Act; and\n\t(d)\tthe rules of the society or association provide that the rules may not be varied without approval of the Minister; and\n\t(e)\tthe society or association complies with any other requirements of the regulations.\n6—Contributions to fund\n\t(1)\tA scheme may be prescribed by regulation requiring or facilitating the payment of contributions to a fund established under the regulations.\n\t(2)\tA scheme may provide for—\n\t(a)\tindustry members to make contributions to the fund annually or at other intervals; or\n\t(b)\tthe collection of contributions to the fund when livestock or products are sold; or\n\t(c)\tcontributions to the fund from fees collected under the Livestock Act 1997 or any other Act relating to primary industry; or\n\t(d)\tthe collection of contributions to the fund in any other manner or on any other basis.\n\t(3)\tThe scheme may allow for the costs of collecting contributions to be deducted from or paid out of those contributions.\n7—Application of fund\n\t(1)\tA fund established under the regulations may be applied for any purpose set out in the regulations or in a trust deed (as amended from time to time) incorporated or referred to in the regulations or in the rules of a society or association administering the fund.\n\t(2)\tWithout limiting the generality of subsection (1), the purposes may include—\n\t(a)\tthe payment of compensation to industry members in relation to the control or eradication of disease, pest or contamination in accordance with a scheme set out in the regulations;\n\t(b)\tthe provision of services to industry members;\n\t(c)\tany other purpose for the benefit of individual industry members, or for the general benefit, of the primary industry sector for which the fund is established;\n\t(d)\tthe payment of the expenses of administering the fund.\n\t(3)\tThe regulations may—\n\t(a)\trequire part of the fund (determined from time to time by the Minister) to be set aside for compensation;\n\t(b)\texclude an industry member from participating in a compensation scheme or receiving other benefits if the member is, according to the regulations, trust deed or rules, in default.\n8—Advances if fund insufficient to meet compensation payments\n\t(1)\tIf the amount standing to the credit of a fund established under the regulations is not sufficient to meet payments of compensation in accordance with a scheme set out in the regulations, the Treasurer may, at the request of the person or body administering the fund, advance from the Consolidated Account (which is appropriated to the necessary extent) such amount as is necessary to cover the insufficiency.\n\t(2)\tThe Treasurer may impose such conditions on an advance under subsection (1) as the Treasurer considers appropriate.\n9—Management plan for fund\n\t(1)\tThe person or body administering a fund established under the regulations must ensure that, in accordance with this section—\n\t(a)\tmanagement plans are prepared for the fund; and\n\t(b)\tthe plans are presented at public meetings convened for the purpose.\n\t(2)\tThe management plans must be prepared and presented as follows:\n\t(a)\tthe first plan must cover a five year period and be prepared and presented within 12 months after the commencement of the regulations establishing the fund;\n\t(b)\ta revised plan must be prepared and presented at least once every 12 months after presentation of the first plan and must, in each case, cover the ensuing period of five years.\n\t(3)\tA management plan must contain—\n\t(a)\tan estimate of the contributions to the fund likely to be received over the relevant period;\n\t(b)\tproposals for the investment of the fund;\n\t(c)\tproposals for the application of the fund;\n\t(d)\tany other matters considered appropriate to be included by the person or body administering the fund.\n\t(4)\tThe person or body administering the fund must ensure that industry members are consulted during preparation of a management plan.\n\t(5)\tThe person or body administering the fund must ensure that, at least two weeks before the date of a public meeting to be convened under this section, a notice of the date, time, place and purpose of that meeting is published in a manner and form that, in the opinion of the person or body, will be most likely to bring the notice to the attention of members of the public.\n\t(6)\tThe person or body administering the fund may revise and update its management plan at any time.\n\t(7)\tThe person or body administering the fund must cause a copy of its current management plan to be kept available for inspection by members of the public, without charge and during normal office hours, at a place determined by the Minister.\n10—Audit of fund\n\t(1)\tThe person or body administering a fund established under the regulations must cause proper accounts to be kept of all money received and dealt with under this Act, showing the purposes for which that money has been received or dealt with.\n\t(2)\tThe person or body administering the fund must cause the accounts to be audited by an auditor at least once in each year.\n11—Annual report for fund\n\t(1)\tThe person or body administering a fund established under the regulations must ensure that, on or before 30 September in every year—\n\t(a)\ta report is prepared on the operation of the fund during the previous financial year; and\n\t(b)\tin the case of a fund administered by a board of trustees or an approved society or association—the report is submitted to the Minister.\n\t(2)\tThe report must incorporate—\n\t(a)\tthe audited statement of accounts of the fund for the period to which the report relates; and\n\t(b)\tthe current management plan prepared for the fund under this Act.\n\t(3)\tThe Minister must cause copies of reports prepared under this section to be laid before each House of Parliament as follows:\n\t(a)\tin the case of a report on the operation of a fund administered by the Minister—within 12 sitting days after 30 September following the financial year to which the report relates;\n\t(b)\tin the case of a report on the operation of a fund administered by a board of trustees or an approved society or association—within 12 sitting days after receipt of the report.\n12—Appointment of examiner of fund\n\t(1)\tThe Minister may, at any time, appoint a person—\n\t(a)\tto examine, either generally or in a particular case, the accounts and records kept in relation to a fund established under the regulations or in relation to the collection of contributions to such a fund; and\n\t(b)\tto examine, either generally or in a particular case, the audit program, working papers and other documents used or prepared by an auditor in the course of auditing the accounts of a fund established under the regulations; and\n\t(c)\tto confer with an auditor in relation to audits of the accounts of a fund established under the regulations.\n\t(2)\tAn examiner may, and must if required by the Minister to do so, provide the Minister with a report as to the state of any accounts or records subject to examination by the examiner.\n\t(3)\tThe Minister must, as soon as practicable, cause a copy of a report provided by an examiner to be given or sent by post to the person or body administering the fund.\n13—Winding up of fund\n\t(1)\tIf the Minister is satisfied that it is in the best interests of the primary industry sector for which a fund is established that the fund be wound up, the Minister may appoint an administrator for the purpose of winding up the fund.\n\t(2)\tAn administrator may exercise such powers of the person or body administering the fund as may be necessary for the purposes of the winding up.\n\t(3)\tThe person or body administering the fund may not exercise any functions or powers in that capacity while a person holds office as an administrator of the fund.\n\t(4)\tThe Minister may, by notice in the Gazette, direct the distribution of any money remaining in a fund that is being wound up and any remaining assets of the fund to bodies or organisations representing the primary industry sector for which the fund was established.\n14—Obtaining information for purposes of audit, examination or winding up\n\t(1)\tAn auditor employed by the person or body administering a fund established under the regulations, or an examiner or administrator appointed by the Minister under this Act, may require the person or body administering the fund concerned or any other person in a position to do so—\n\t(a)\tto produce all the accounts relating to the fund and all documents and records relating to those accounts or to the collection of contributions to the fund, including written records that reproduce in a readily understandable form information kept by computer, microfilm or other process; and\n\t(b)\tto provide any relevant information relating to the operation of the accounts or the keeping of the documents or records.\n\t(2)\tThe manager or other principal officer of an ADI or other financial institution with which a person or body administering a fund has deposited money must, on being required to do so by the auditor, examiner or administrator, disclose every account in which money has been so deposited and all documents and records relating to the operation of the accounts to the auditor, examiner or administrator.\nMaximum penalty: $20 000.\n\t(3)\tA person who is required by this section to produce documents or other records to an auditor, examiner or administrator must permit the auditor, examiner or administrator to make a copy of the whole, or any part, of those documents or other records.\nMaximum penalty: $20 000.\n\t(4)\tA person must not—\n\t(a)\trefuse or fail to comply with a requirement of an auditor, examiner or administrator under this Act; or\n\t(b)\thinder, delay or obstruct an auditor, examiner or administrator in the performance of functions under this Act by altering or destroying relevant documents or records or by any other means.\nMaximum penalty: $20 000.\n\t(5)\tIn this section—\nperson or body administering a fund includes a person or body who formerly administered a fund.\n15—Board of trustees or society or association administering fund not agent of Crown\nThe board of trustees of a fund established under the regulations or a society or association administering such a fund—\n\t(a)\tis not an instrumentality or agency of the Crown; and\n\t(b)\tdoes not have the privileges and immunities of the Crown; and\n\t(c)\tdoes not represent the Crown; and\n\t(d)\tis not a public or government authority.\n16—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by, or as are necessary or expedient for the purposes of, this Act.\n\t(2)\tThe regulations may—\n\t(a)\timpose fines, not exceeding $5 000, for offences against the regulations;\n\t(b)\tfix expiation fees for alleged offences against the regulations.\n\t(3)\tRegulations under this Act may—\n\t(a)\tbe of general application or limited application;\n\t(b)\tmake different provision according to the matters or circumstances to which they are expressed to apply;\n\t(c)\tprovide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Minister or the person or body administering a fund established under the regulations.\n\t(4)\tThe regulations may confer jurisdiction on the South Australian Civil and Administrative Tribunal to review any determination under the regulations.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation amended by principal Act\nThe Primary Industry Funding Schemes Act 1998 amended the following:\nLivestock Act 1997\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n1998\n57\n Primary Industry Funding Schemes Act 1998\n3.9.1998\n1.10.1998 (Gazette 24.9.1998 p930)\n1999\n33\n Financial Sector Reform (South Australia) Act 1999\n17.6.1999\nSch (item 40)—1.7.1999 being the date specified under s 3(16) of the Financial Sector Reform (Amendments and Transitional Provisions) Act (No. 1) 1999 of the Commonwealth as the transfer date for the purposes of that Act: s 2(2)\n2017\n51\n Statutes Amendment (SACAT No 2) Act 2017\n28.11.2017\nPt 38 (ss 208 & 209)—22.2.2018 (Gazette 30.1.2018 p524)\n2019\n25\nStatutes Amendment and Repeal (Simplify) Act 2019\n3.10.2019\nPt 37 (s 79)—3.10.2019: s 2(1)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended under Legislation Revision and Publication Act 2002\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\n\ns 9\n\n\ns 9(5)\namended by 25/2019 s 79\n3.10.2019\ns 14\n\n\ns 14(2)\namended by 33/1999 Sch (item 40)\n1.7.1999\ns 16\n\n\ns 16(4)\ninserted by 51/2017 s 208\n22.2.2018\nSch\nomitted under Legislation Revision and Publication Act 2002\n\nTransitional etc provisions associated with Act or amendments\nStatutes Amendment (SACAT No 2) Act 2017, Pt 38\n209—Transitional provisions\n\t(1)\tAny objection being considered by the Minister under a regulation under the principal Act immediately before the relevant day will be dealt with as if this Act had not been enacted.\n\t(2)\tIn this section—\nprincipal Act means the Primary Industry Funding Schemes Act 1998;\nrelevant day means the day on which this Part comes into operation.\nHistorical versions\nReprint No 1—1.7.1999\n\n22.2.2018\n\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope assessment is not possible as the legislative text was not retrievable. The page returned a 404-style error due to an outdated hyperlink following the SA legislation website's March 2026 update."},"complexity_factors":["No legislative text was available for analysis — only a website error page was returned","Complexity cannot be meaningfully assessed without access to the actual provisions","Score of 1 reflects absence of content, not simplicity of the underlying law"],"plain_english_summary":"## ⚠️ Content Unavailable\n\nThe actual text of the **Primary Industry Funding Schemes Act 1998 (SA)** could not be retrieved. The link provided returned a **'Page Not Found'** error from the South Australian legislation website, likely due to a broken or outdated hyperlink following a website update in March 2026.\n\n### What we know from the title alone:\n- This is a **South Australian** law dating from **1998**\n- It deals with **funding schemes for primary industries** — this typically means agriculture, horticulture, fishing, forestry, or similar sectors\n- Laws with this kind of title generally allow industry groups to **collect levies (fees)** from producers to fund research, marketing, or pest/disease control programs\n- It would likely affect **farmers, fishers, growers, and other primary producers** in South Australia\n\n### What to do:\nTo find the actual legislation, visit [www.legislation.sa.gov.au](https://www.legislation.sa.gov.au) and search for **'Primary Industry Funding Schemes Act 1998'** directly."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"Amendments have modestly altered administrative and review scope rather than the core purpose of funding primary‑industry functions. Notable changes include insertion of a provision conferring review jurisdiction on the South Australian Civil and Administrative Tribunal (s 16(4), inserted by 51/2017 s 208), amendment of public notice requirements for management plans (s 9(5), amended by 25/2019 s 79), and disclosure-related amendment to s 14(2) in 1999. Other omissions under the Legislation Revision and Publication Act 2002 removed technical provisions (eg s 2, Schedule). Overall changes focus on reviewability, procedural detail and disclosure, not on the Act’s fundamental funding mechanism."},"complexity_factors":["Extensive delegation to regulations for establishing funds, schemes and offences (s 4(1), s 6(1), s 16)","Multiple administration models (Minister, approved association, or trustee board) with differing governance documents (s 4(4), s 5)","Significant Ministerial discretion in approvals and regulation-making, and in determining reserved amounts for compensation (s 5, s 7(3)(a), s 16(3)(c))","Financial controls spanning contributions, investment, Treasurer advances and potential deduction of collection costs (s 6(3), s 4(6)–(7), s 8)","Detailed public accountability and planning regime (five‑year management plans, public meetings, consultation, and availability of plans) (s 9)","Statutory audit, examiner and reporting powers with document production obligations and monetary penalties (ss 10, 11, 12, 14)","Winding‑up and administration powers that transfer authority from existing administrators and allow regulated distribution of residual assets (s 13)","Cross‑references and interaction with other statutes, trust deeds, rules and incorporated documents, increasing legal layering and interpretive work (ss 4(4), 7(1))"],"plain_english_summary":"This Act permits the Governor to make regulations that create dedicated funds for particular primary‑industry sectors, sets how contributions are collected and invested, and specifies who can administer each fund (the Minister, an approved association, or a trustee board). It requires management plans, audits, annual reports, and gives the Treasurer power to advance money where compensation payments exceed a fund’s balance (ss 4,6–11,8). Industry members pay contributions; the Minister and regulations set the rules and discretionary powers, producing compliance and reporting duties for fund administrators (ss 4(2),5,9,16)."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains consistent with its original purpose as a framework for establishing industry-funded primary industry schemes. The 2017 amendment added SACAT review jurisdiction and the 2019 amendment simplified publication requirements for management plan notices, but neither expanded the Act beyond its core function of enabling sector-specific funding schemes with appropriate oversight mechanisms."},"complexity_factors":["Framework legislation with substantive detail left to regulations (sections 4, 6, 7, 16)","Multiple administrative models creating parallel governance structures (Minister direct, approved societies/associations under Associations Incorporation Act 1985, or boards of trustees with trust deeds)","Cross-references to external legislation: Corporations Law (for auditor definition), Associations Incorporation Act 1985, Livestock Act 1997, Financial Sector Reform legislation, and SACAT jurisdiction","Conditional administrative requirements with time-bound obligations (5-year management plans, 12-monthly revisions, 30 September reporting deadline, 12 sitting days for tabling)","Nested enforcement provisions with tiered penalties ($20,000 for information offences, $5,000 cap for regulatory offences)","Specific transitional provisions preserving pre-existing objections during SACAT transition","Crown immunity exclusion clause requiring explicit negation of four separate legal statuses (section 15)"],"plain_english_summary":"**What this law does:**\n\nThis Act creates a legal framework for setting up **industry-funded money pools** (called \"funds\") for South Australian primary industries—think farming, livestock, agriculture, and related sectors. Instead of taxpayers footing the bill, the industries themselves contribute to these funds, which are then used for things like disease control, compensation for outbreaks, research, or general industry development.\n\n**Who it affects:**\n\n- **Primary producers** (farmers, graziers, growers) who are \"industry members\" of a specific sector covered by a fund\n- **Industry associations** (incorporated societies) that can apply to administer funds\n- **The Minister** (who oversees the system, approves administrators, and can wind up funds)\n- **Boards of trustees** appointed to manage funds\n\n**How it works in practice:**\n\n- The **Governor** (acting on ministerial advice) makes regulations to establish a fund for a specific industry—say, the \"Sheep Industry Fund\" or \"Grain Producers Fund\"\n- Money comes from **industry contributions**—collected at sale yards, through annual levies, or via fees from other agricultural laws\n- The fund can be administered three ways: directly by the Minister, by an approved industry association, or by a board of trustees (at least three people)\n- Funds can pay for: **compensation** when disease hits, **services** to farmers, **admin costs**, or other benefits to the industry\n- If a fund runs dry, the **Treasurer can advance money** from the state budget—but with conditions attached\n\n**Key safeguards:**\n\n- **Public accountability**: Management plans must be prepared, presented at public meetings, and made available for inspection\n- **Financial oversight**: Annual audits, annual reports to Parliament, and the Minister can appoint examiners to investigate\n- **Information powers**: Auditors and examiners can demand documents and interview people—refusing carries a **$20,000 fine**\n- **Not government bodies**: Associations and trustee boards running funds are explicitly **not** government agencies (so they don't get Crown immunity or status)\n\n**Why it matters:**\n\nThis is a **self-help mechanism for industries**. Rather than waiting for government bailouts when foot-and-mouth disease strikes or a pest infestation wipes out crops, industries can build their own financial reserves. It gives primary producers skin in the game and control over their own risk management—while keeping the Minister as a backstop with powers to intervene, audit, and wind up funds that aren't working."}},"importantCases":[],"_links":{"self":"/api/acts/primary-industry-funding-schemes-act-1998","history":"/api/acts/primary-industry-funding-schemes-act-1998/history","analysis":"/api/acts/primary-industry-funding-schemes-act-1998/analysis","conflicts":"/api/acts/primary-industry-funding-schemes-act-1998/conflicts","importantCases":"/api/acts/primary-industry-funding-schemes-act-1998/important-cases","documents":"/api/acts/primary-industry-funding-schemes-act-1998/documents"}}