{"id":"primary-industry-funding-schemes-citrus-growers-fund-regulations-2017","name":"Primary Industry Funding Schemes (Citrus Growers Fund) Regulations 2017","slug":"primary-industry-funding-schemes-citrus-growers-fund-regulations-2017","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":236720,"registerId":"sa-primary-industry-funding-schemes-citrus-growers-fund-regulations-2017-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Primary Industry Funding Schemes (Citrus Growers Fund) Regulations 2017","content":"South Australia\nPrimary Industry Funding Schemes (Citrus Growers Fund) Regulations 2017\nunder the Primary Industry Funding Schemes Act 1998\n\nContents\n1\tShort title\n2\tCommencement\n3\tInterpretation\n4\tCitrus Growers Fund\n5\tContributions for citrus fruit sold by citrus growers\n6\tRefunds of contributions\n7\tApplication of Fund\n8\tExclusion from benefits of person in default in relation to contributions\n9\tExchange of information\n10\tFalse or misleading statements\nSchedule 1—Revocation of Primary Industry Funding Schemes (Citrus Growers Fund) Regulations 2005\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Primary Industry Funding Schemes (Citrus Growers Fund) Regulations 2017.\n2—Commencement\nThese regulations will come into operation 4 months after the day on which they are made (see Subordinate Legislation Act 1978 section 10AA).\n3—Interpretation\nIn these regulations—\nAct means the Primary Industry Funding Schemes Act 1998;\ncitrus fruit means citrons, lemons, limes, grapefruit, mandarins, oranges, sevilles, tangerines or a hybrid of any of those fruits;\ncitrus fruit product means a product derived wholly or in part from citrus fruit;\ncitrus grower means a person who carries on the business of producing citrus fruit for sale;\ncitrus packer means a person who carries on the business of packing citrus fruit for sale by wholesale;\ncitrus processor means a person who carries on the business of processing citrus fruit into a citrus fruit product for sale by wholesale;\nfinancial year means a period of 12 months commencing on 1 July;\nFund—see regulation 4;\nquarter means any period of 3 months commencing on 1 January, 1 April, 1 July or 1 October.\nrevoked regulations means the Primary Industry Funding Schemes (Citrus Growers Fund) Regulations 2005.\n4—Citrus Growers Fund\n\t(1)\tThe Citrus Growers Fund (the Fund) established under the revoked regulations continues in existence.\n\t(2)\tThe Fund will be administered by the Minister.\n\t(3)\tThe Fund consists of—\n\t(a)\tcontributions paid or collected in accordance with these regulations; and\n\t(b)\tcontributions paid or collected in accordance with the revoked regulations; and\n\t(c)\tincome of the Fund from investment; and\n\t(d)\tany other sums received by the Minister for payment into the Fund.\n5—Contributions for citrus fruit sold by citrus growers\n\t(1)\tContributions are payable to the Minister by or on behalf of citrus growers for payment into the Fund as follows:\n\t(a)\tthe amount payable is—\n\t(i)\t$1.00; or\n\t(ii)\tif some other amount (which may be 0) is specified by the Minister by notice in the Gazette—that other amount,\nfor each tonne of citrus fruit produced and sold by a citrus grower;\n\t(b)\tcontributions are payable on a quarterly basis, or, with the approval in writing by the Minister on application by—\n\t(i)\tthe grower; or\n\t(ii)\tin the case of fruit sold by a grower to a citrus packer or citrus processor—the packer or processor (as the case may be),\non a monthly, half‑yearly or yearly basis;\n\t(c)\tcontributions payable for citrus fruit sold during a quarter (or other period as may be approved under paragraph (b)) fall due 28 days after that quarter (or other period);\n\t(d)\tif citrus fruit is sold by the citrus grower to a person who is not a citrus packer or citrus processor—\n\t(i)\tthe contributions for a particular quarter (or other period) are payable in respect of the tonnage of citrus fruit sold during the quarter (or period); and\n\t(ii)\tthe contributions are payable directly by the grower;\n\t(e)\tif citrus fruit is sold by the citrus grower to a citrus packer or citrus processor—\n\t(i)\tthe contributions for a particular quarter (or period) are payable in respect of the tonnage of citrus fruit packed or processed during the quarter (or period); and\n\t(ii)\tthe contributions are payable by the citrus packer or citrus processor on behalf of the citrus grower out of the amount payable to the citrus grower for the citrus fruit.\n\t(2)\tA citrus packer or citrus processor who pays contributions on behalf of a citrus grower must—\n\t(a)\tdeduct the amount of the contributions from the amount payable by the citrus packer or citrus processor to the citrus grower for the citrus fruit; and\n\t(b)\tkeep proper records constituting evidence of the sale and deduction and make those records available for inspection at any reasonable time by a person authorised by the Minister for the purpose.\n\t(3)\tEach quarterly (or other periodic) payment of contributions to the Minister must be accompanied by a statement setting out the name and address of each citrus grower by or on behalf of whom the contributions are paid and, for each grower, the tonnage of citrus fruit in respect of which the contributions are paid.\n\t(4)\tThe Minister may—\n\t(a)\tvary or revoke a notice in the Gazette made under subregulation (1)(a) by subsequent notice in the Gazette;\n\t(b)\tvary or revoke an approval under subregulation (1)(b).\n\t(5)\tA reference in subregulation (1)(a) to citrus fruit produced by a citrus grower is a reference to citrus fruit produced by the citrus grower during any season (including citrus fruit produced before the commencement of this regulation and sold after that commencement).\n6—Refunds of contributions\n\t(1)\tA citrus grower may, by notice in writing to the Minister, within the month following a financial year in respect of which contributions have been paid by or on behalf of the citrus grower, make a claim for a refund in respect of those contributions.\n\t(2)\tA citrus grower claiming a refund under subregulation (1) must supply the Minister with—\n\t(a)\tevidence acceptable to the Minister of the contributions paid by or on behalf of the citrus grower in respect of which the claim for refund is made; and\n\t(b)\tif required by the Minister, verification of that evidence in the form of a statutory declaration.\n\t(3)\tIf the citrus grower satisfies the Minister that the citrus grower is entitled to a refund, the Minister must refund to the citrus grower the amount of contributions paid by or on behalf of the citrus grower in respect of citrus fruit sold during the relevant financial year.\n7—Application of Fund\nThe Fund may be applied by the Minister for any of the following purposes:\n\t(a)\tpayments to a body that, in the opinion of the Minister, represents citrus growers for 1 or more of the following purposes:\n\t(i)\tthe reasonable operating and management expenses of the body;\n\t(ii)\tfees for affiliation of the body with regional, State or national citrus or horticulture industry bodies;\n\t(iii)\tpromoting the South Australian citrus industry, including through industry field days, conferences and other events;\n\t(iv)\tthe collection and dissemination to citrus growers of information relevant to the citrus industry;\n\t(v)\trepresentation of citrus growers, or participation of the body, in regional, State or national citrus or horticulture industry forums;\n\t(vi)\tprograms designed to encourage communication and cooperation between citrus growers, citrus packers, citrus processors and persons marketing citrus fruit or citrus fruit products;\n\t(vii)\tother purposes of the body;\n\t(b)\tpayments for other purposes for the benefit of citrus growers;\n\t(c)\tpayment of the expenses of administering the Fund;\n\t(d)\trepayment of contributions to the Fund under regulation 6.\n8—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 financial years—\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 contributions from the Fund.\n9—Exchange of information\n\t(1)\tThe Minister may require a body to which payments are made out of the Fund under regulation 7(a) to provide the Minister with—\n\t(a)\ta copy of the financial statements of the body; and\n\t(b)\ta copy of the annual report of the body; and\n\t(c)\ta copy of any business plan of the body; and\n\t(d)\tany other information reasonably required for the purposes of these regulations.\n\t(2)\tThe Minister may provide the body with information identifying citrus growers who have been refunded contributions under these regulations or the revoked regulations.\n10—False or misleading statements\nA person must not make a statement that is false or misleading in a material particular (whether by reason of the inclusion or omission of any particular) in any information provided, or record kept, for the purposes of these regulations.\nMaximum penalty: $5 000.\nSchedule 1—Revocation of Primary Industry Funding Schemes (Citrus Growers Fund) Regulations 2005\nThe Primary Industry Funding Schemes (Citrus Growers Fund) Regulations 2005 are revoked.\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.\nPrincipal regulations\nYear\nNo\nReference\nCommencement\n2017\n274\nGazette 19.9.2017 p4100 \n19.1.2018: r 2\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"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"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"These regulations continue the Citrus Growers Fund established under the 2005 regulations and set out contribution, administration and spending mechanics (reg 4(1); Schedule 1). On the face of this instrument alone there is no clear expansion or narrowing of the Fund’s beneficiaries or permitted uses compared with the prior regulations; the instrument primarily restates and updates collection, refund, reporting and Ministerial discretions."},"complexity_factors":["Ministerial discretion to set or vary the per‑tonne contribution and payment frequency (reg 5(1)(a)(ii), 5(1)(b), 5(4)).","Calculation and collection mechanics based on tonnes, with packers/processors able and required to pay on behalf of growers and to deduct contributions from amounts payable to growers (reg 5(1)(a), 5(1)(e), 5(2)(a)).","Record‑keeping and periodic statement obligations for payers, and inspection rights for Ministerial authorised persons (reg 5(2)(b), 5(3)).","Refund process requiring written claim, evidence and possible statutory declaration, with Ministerial satisfaction as the trigger for refund (reg 6(1)–(3)).","Broad permitted uses of the Fund and reliance on Ministerial opinion for identifying representative bodies and eligible purposes (reg 7(a)–(d)).","Exclusion from direct Fund benefits for persons in default or refunded recently, creating eligibility rules tied to payment history (reg 8(1)–(2)).","Information exchange powers between the Minister and recipient bodies, including disclosure of refunded growers (reg 9(1)–(2)).","Criminal penalty for providing false or misleading statements or records (reg 10).","Transitional/continuity element: the Fund continues from the revoked 2005 regulations and those regulations are revoked (reg 4(1); Schedule 1)."],"plain_english_summary":"These regulations keep the Citrus Growers Fund operating and require citrus growers—or citrus packers/processors on their behalf—to pay a per‑tonne contribution into a Minister‑administered fund. The Minister may vary the rate and payment periods, can pay qualified industry bodies and fund administration from those contributions, and must handle refund claims where due. The rules set out collection, record‑keeping, information sharing and a penalty for false or misleading statements."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation maintains the same scope as the 2005 regulations it replaces. It continues the existing Citrus Growers Fund without expanding its purposes or significantly altering the contribution mechanism. The refund provision (regulation 6) and exclusion for defaulters (regulation 8) appear to be carry-overs from the original scheme design rather than scope creep."},"complexity_factors":["Straightforward structure with only 10 regulations plus a revocation schedule","Minimal cross-referencing — only refers back to the parent Act (Primary Industry Funding Schemes Act 1998) for basic definitions","Simple conditional logic: the main complexity is in regulation 5, which distinguishes between sales to packers/processors versus other sales","Only 9 defined terms in the interpretation section, all with plain English meanings","No nested exceptions or deeply conditional provisions","Single penalty provision (regulation 10) with fixed monetary penalty","Revocation of previous regulations is handled cleanly in a schedule rather than through transitional provisions"],"plain_english_summary":"This legislation sets up a **mandatory levy system for South Australian citrus growers** to fund industry activities.\n\n**What it does:**\n- Establishes the **Citrus Growers Fund** — a pool of money collected from growers to support the citrus industry\n- Requires growers to pay **$1 per tonne** of citrus fruit sold (or a different amount set by the Minister)\n- Money is collected either directly from growers, or deducted by packers/processors from payments to growers\n\n**Who it affects:**\n- **Citrus growers** — anyone growing lemons, oranges, mandarins, limes, grapefruit and similar fruits for sale\n- **Citrus packers and processors** — businesses that pack or process citrus fruit, who must collect contributions from growers and pass them to the Minister\n- **Industry bodies** — organisations representing growers that can receive funding from the Fund\n\n**Key features:**\n- Contributions are paid **quarterly** (or monthly/half-yearly/yearly with Minister approval)\n- Growers can **claim a full refund** within a month after each financial year if they want their money back\n- If you don't pay (or take a refund), you're **banned from receiving Fund benefits** for 2 years\n- The Fund pays for: industry promotion, grower representation, research information, and running costs of grower organisations\n- **False or misleading records attract a $5,000 fine**\n\n**Why it matters:**\nThis is essentially a **compulsory industry tax** that funds collective activities like marketing, research, and advocacy. The refund mechanism makes it technically voluntary, but the default is mandatory contribution unless you actively claim your money back."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Insufficient information to determine whether the scope changed from the original intent — the legislative text was not retrievable. Based on the title alone, the regulation appears to remain focused on its original purpose of establishing a citrus growers industry fund under South Australian primary industry funding legislation."},"complexity_factors":["Actual legislative text was inaccessible due to a broken/outdated URL — analysis is based on title and legislative framework inference only","Primary industry levy schemes can involve layered obligations (grower levies, processor collection obligations, exemption criteria) but complexity cannot be confirmed without the text","Regulations of this type typically reference a parent Act (Primary Industry Funding Schemes Act 1998) adding an additional layer to understand","Limited complexity can be assessed given the narrow, sector-specific subject matter (citrus industry only)"],"plain_english_summary":"Likely establishes a South Australian levy scheme under the Primary Industry Funding Schemes Act 1998 requiring citrus growers (and possibly buyers/processors) to pay fees into a central fund to support industry activities such as research, promotion or biosecurity. It matters to growers because it creates levy obligations, record‑keeping duties and potential penalties for non‑compliance.\n\nNote: the regulation text was unavailable online; consult the SA OPC or legal advice for the exact rules."}},"importantCases":[],"_links":{"self":"/api/acts/primary-industry-funding-schemes-citrus-growers-fund-regulations-2017","history":"/api/acts/primary-industry-funding-schemes-citrus-growers-fund-regulations-2017/history","analysis":"/api/acts/primary-industry-funding-schemes-citrus-growers-fund-regulations-2017/analysis","conflicts":"/api/acts/primary-industry-funding-schemes-citrus-growers-fund-regulations-2017/conflicts","importantCases":"/api/acts/primary-industry-funding-schemes-citrus-growers-fund-regulations-2017/important-cases","documents":"/api/acts/primary-industry-funding-schemes-citrus-growers-fund-regulations-2017/documents"}}