{"id":"primary-industry-funding-schemes-apiary-industry-fund-regulations-2016","name":"Primary Industry Funding Schemes (Apiary Industry Fund) Regulations 2016","slug":"primary-industry-funding-schemes-apiary-industry-fund-regulations-2016","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":236712,"registerId":"sa-primary-industry-funding-schemes-apiary-industry-fund-regulations-2016-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Primary Industry Funding Schemes (Apiary Industry Fund) Regulations 2016","content":"South Australia\nPrimary Industry Funding Schemes (Apiary Industry Fund) Regulations 2016\nunder the Primary Industry Funding Schemes Act 1998\n\nContents\n1\tShort title\n3\tInterpretation\n4\tSouth Australian Apiary Industry Fund\n5\tContributions to Fund\n6\tApplication of Fund\n7\tExclusion from benefits of person in default in relation to contributions\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Primary Industry Funding Schemes (Apiary Industry Fund) Regulations 2016.\n3—Interpretation\nIn these regulations, unless the contrary intention appears—\nAct means the Primary Industry Funding Schemes Act 1998;\nFund—see regulation 4;\nregistration period means a period for which a person is registered as a beekeeper under the Livestock Act 1997;\nrevoked regulations means the Primary Industry Funding Schemes (Apiary Industry Fund) Regulations 2001.\n4—South Australian Apiary Industry Fund\n\t(1)\tThe South Australian Apiary Industry Fund (the Fund) established under the revoked regulations continues in existence.\n\t(2)\tThe Fund will continue to be administered by the Minister.\n\t(3)\tThe Fund consists of—\n\t(a)\tthe amount in the Beekeeper's Compensation Fund on the repeal of the Apiaries Act 1931 paid into the Fund under the Livestock Regulations 1998; and\n\t(b)\tcontributions paid or collected in accordance with the revoked regulations; and\n\t(c)\tcontributions paid or collected in accordance with these regulations; and\n\t(d)\tincome of the Fund from investment; and\n\t(e)\tany other sums received by the Minister for payment into the Fund.\n5—Contributions to Fund\n\t(1)\tSubject to this regulation, a person must, for each registration period (or part of a registration period) for which the person makes an application for registration or renewal of registration as a beekeeper, pay to the Minister as a contribution to the Fund an amount calculated at $1 for each hive kept by the person at the date of the application.\n\t(2)\tThe contribution must be paid at the time the application for registration or renewal of registration as a beekeeper is made.\n\t(3)\tA person may, by notice in writing to the Minister, within the 12 months following a registration period in respect of which the person has paid contributions, make a claim for a refund in respect of those contributions.\n\t(4)\tIf the person satisfies the Minister that the person is entitled to a refund, the Minister must pay to the person an amount determined in accordance with the following formula:\n\nwhere—\nR is the amount of the refund;\nC is the amount of contributions paid by the person in respect of the registration period for which the claim is made;\nM is the number of whole months for which the person was registered as a beekeeper (and had paid contributions) in the registration period in respect of which the claim is made;\nI is the annual short term interest for the financial year preceding the commencement of the registration period in respect of which the claim is made (as published by the Reserve Bank of Australia) expressed as a percentage.\n\t(5)\tNo contribution is payable—\n\t(a)\tby a person who, on the date of the application for registration or renewal of registration as a beekeeper, keeps less than 5 hives; or\n\t(b)\tin respect of hives that are kept—\n\t(i)\tfor the purposes of instruction in an educational institution approved by the Minister; or\n\t(ii)\tfor the purposes of a program approved by the Minister involving the keeping of hives at ports and the monitoring of those hives to detect the presence of disease.\n\t(6)\tIn this regulation—\nregistration as a beekeeper means registration under section 17 of the Livestock Act 1997 as a beekeeper.\n6—Application of Fund\nThe Fund may be applied by the Minister for any of the following purposes:\n\t(a)\tthe undertaking of programs relating to the apiary industry or apiary products or any other aspect of the apiary industry that the Minister considers will benefit the apiary industry;\n\t(b)\tpayment of the expenses of administering the Fund;\n\t(c)\trepayment of contributions to the Fund under regulation 5.\n7—Exclusion from benefits of person in default in relation to contributions\n\t(1)\tA person who is in default in relation to contributions to the Fund is not entitled to receive direct benefits or services funded by payments from the Fund.\n\t(2)\tA person is in default in relation to contributions to the Fund if, within the immediately preceding 2 registration periods—\n\t(a)\tall or some of the contributions payable to the Fund by the person have not been paid; or\n\t(b)\tthe person has been refunded a contribution from the Fund.\nLegislative history\nNotes\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 revoked by principal regulations\nThe Primary Industry Funding Schemes (Apiary Industry Fund) Regulations 2016 revoked the following:\nPrimary Industry Funding Schemes (Apiary Industry Fund) Regulations 2001\nPrincipal regulations and variations\nNew entries appear in bold.\nYear\nNo\nReference\nCommencement\n2016\n196\nGazette 18.8.2016 p3279 \n1.9.2016: r 2\n2021\n133\nGazette 2.9.2021 p3467\n2.9.2021: r 2\nProvisions varied\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nr 2\nomitted under Legislation Revision and Publication Act 2002\n2.9.2021\nr 5\n\n\nr 5(1)\nvaried by 133/2021 r 4(1)\n2.9.2021\nr 5(5)\nvaried by 133/2021 r 4(2)\n2.9.2021\nr 5(6)\n\n\nprescribed date\ndeleted by 133/2021 r 4(3)\n2.9.2021\nSch 1\nomitted under Legislation Revision and Publication Act 2002\n2.9.2021\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation maintains its original narrow scope. It continues the pre-existing Apiary Industry Fund (originally established in 2001) without expanding into new areas. The 2021 amendments were purely technical — removing redundant provisions (regulation 2, Schedule 1) and updating the contribution calculation mechanism — rather than broadening the fund's purpose or beneficiary base."},"complexity_factors":["Short length (7 substantive regulations)","Minimal defined terms (only 5: Act, Fund, registration period, revoked regulations, registration as a beekeeper)","Single mathematical formula in regulation 5(4) for refund calculations involving interest rates","Straightforward conditional logic (exemptions in regulation 5(5) are simple 'or' statements)","No nested exceptions or complex cross-referencing beyond basic references to parent Act and Livestock Act 1997","Clear purpose-based structure (establishment, contributions, application, enforcement)"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set up and run a special fund for South Australia's beekeeping (apiary) industry — called the **South Australian Apiary Industry Fund**. Think of it as a communal piggy bank that beekeepers pay into, which is then used to support the industry as a whole.\n\n**Who it affects:**\n\n*   **Beekeepers in South Australia** who register with the government (under the Livestock Act 1997)\n*   Specifically, those with **5 or more hives** — if you have fewer than 5, you don't pay\n*   The **Minister for Primary Industries**, who administers the fund\n\n**How it works:**\n\n*   **Paying in:** Registered beekeepers must pay **$1 per hive** when they apply for or renew their registration each year\n*   **Exceptions:** No payment needed for hives used in schools (with ministerial approval) or for disease-monitoring programs at ports\n*   **Getting money back:** If you stop beekeeping part-way through your registration period, you can claim a **refund** within 12 months. The refund is calculated using a formula that accounts for how many months you were registered and includes interest\n*   **What the money is used for:** The fund pays for programs that benefit the beekeeping industry, covers administrative costs, and pays out refunds\n*   **Penalty for non-payment:** If you don't pay your contributions (or get a refund) within the last two registration periods, you're **banned from receiving direct benefits or services** funded by the fund\n\n**Why it matters:**\n\nThis creates a sustainable way to fund industry-wide initiatives — like research, biosecurity, or marketing — without relying entirely on government budgets. It ensures those who benefit from the industry (commercial beekeepers) contribute to its collective wellbeing, while protecting small hobbyists (under 5 hives) from fees."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The 2016 regulations principally continued the existing Apiary Industry Fund and set contribution, refund and use rules. Subsequent variation in 2021 amended the contribution provisions and exemptions (see r.5(1) and r.5(5) as varied by 133/2021 r 4(1)–(2)), which altered who pays and which hives are exempt from contributions."},"complexity_factors":["Refund calculation requires a formula using contributions, whole months registered and a Reserve Bank published short‑term interest rate (r.5(4)) — numeric calculation burden for administrators and applicants","Ministerial administration and discretion over Fund use and approved programs (r.4(2); r.6(a)) — concentrates decision‑making and requires policy judgment","Contribution rule tied to Livestock Act registration events and timing (r.5(1)–(2); r.5(6)) — creates coupling to external registration process","Exemptions and thresholds (under‑5 hives exemption; educational and port monitoring exemptions) create eligibility questions (r.5(5))","Entitlement exclusion for recent defaulters or refunded contributors introduces compliance enforcement and record checks (r.7)"],"plain_english_summary":"These regulations continue and govern the South Australian Apiary Industry Fund. They require beekeepers to pay $1 per hive when registering or renewing (with exemptions for those keeping fewer than five hives and approved educational or port‑monitoring hives) and allow refunds pro rata under a formula; the Minister administers the Fund.\n\nThe Minister may use the Fund for apiary programs, administration and refunds, and can deny Fund‑funded benefits to beekeepers who have recently failed to pay or were refunded; this creates a compliance payment and record‑keeping obligation for registrants."},"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"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Unable to assess whether the scope changed from original intent — no legislative text was available for review. The title suggests a narrow, industry-specific funding mechanism targeting the apiary (beekeeping) sector in South Australia, which is consistent with the broader Primary Industry Funding Schemes framework, but no amendments or scope changes could be identified."},"complexity_factors":["No legislative text was retrievable — the source URL returned a 'Page Not Found' error","Analysis is based solely on the title and general knowledge of similar industry funding scheme regulations","Cannot assess actual complexity of provisions, definitions, levy structures, or compliance obligations","Complexity score of 1 reflects absence of content to analyse, not necessarily the simplicity of the underlying law"],"plain_english_summary":"This South Australian regulation sets up an industry funding scheme for the apiary sector — effectively a levy-based fund for beekeepers and honey producers. It affects commercial apiarists in the state by requiring contributions to support collective services.\n\nThe fund is intended to finance industry-wide activities such as research, promotion, and biosecurity measures that benefit the apiary industry."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/primary-industry-funding-schemes-apiary-industry-fund-regulations-2016","history":"/api/acts/primary-industry-funding-schemes-apiary-industry-fund-regulations-2016/history","analysis":"/api/acts/primary-industry-funding-schemes-apiary-industry-fund-regulations-2016/analysis","conflicts":"/api/acts/primary-industry-funding-schemes-apiary-industry-fund-regulations-2016/conflicts","importantCases":"/api/acts/primary-industry-funding-schemes-apiary-industry-fund-regulations-2016/important-cases","documents":"/api/acts/primary-industry-funding-schemes-apiary-industry-fund-regulations-2016/documents"}}