{"id":"primary-industry-funding-schemes-grain-industry-fund-regulations-2024","name":"Primary Industry Funding Schemes (Grain Industry Fund) Regulations 2024","slug":"primary-industry-funding-schemes-grain-industry-fund-regulations-2024","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":236722,"registerId":"sa-primary-industry-funding-schemes-grain-industry-fund-regulations-2024-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Primary Industry Funding Schemes (Grain Industry Fund) Regulations 2024","content":"South Australia\nPrimary Industry Funding Schemes (Grain Industry Fund) Regulations 2024\nunder the Primary Industry Funding Schemes Act 1998\n\nContents\n1\tShort title\n2\tCommencement\n3\tInterpretation\n4\tGrain Industry Fund\n5\tContributions for grain sold by grain growers\n6\tRefunds of contributions\n7\tApplication of Fund\n8\tGrain growers in default of contributions not entitled to benefits\n9\tExchange of information\n10\tFalse or misleading statements\nSchedule 1—Repeal of Primary Industry Funding Schemes (Grain Industry Fund) Regulations 2012\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Primary Industry Funding Schemes (Grain Industry Fund) Regulations 2024.\n2—Commencement\nThese regulations come into operation on 1 July 2024.\n3—Interpretation\nIn these regulations—\nAct means the Primary Industry Funding Schemes Act 1998;\nFund—see regulation 4;\ngrain means—\n\t(a)\tcereal and coarse grain (for example, wheat, barley, oats, rye and triticale); or\n\t(b)\tpulses (for example, lentils, chickpeas, field peas, faba beans and lupins); or\n\t(c)\toilseed (for example, rapeseed, canola, linseed and sunflower seed),\nbut does not include pasture seed (for example, lucerne, medic and clover seed);\ngrain grower means a person who carries on the business of producing grain;\nquarter means any period of 3 months commencing on 1 January, 1 April, 1 July or 1 October;\nrepealed regulations means the Primary Industry Funding Schemes (Grain Industry Fund) Regulations 2012;\nvalue, of grain sold by a grain grower, means the sale price of the grain, less any costs to the grower relating to handling, storage and transport (including free on board costs).\n4—Grain Industry Fund\n\t(1)\tThe Grain Industry Fund (the Fund) established under the repealed 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)\tthe amount held in the Fund at the commencement of these regulations; and\n\t(b)\tcontributions paid or collected in accordance with the repealed 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 for grain sold by grain growers\n\t(1)\tContributions are payable to the Minister for payment into the Fund as follows:\n\t(a)\tthe amount payable for grain produced and sold by a grain grower is—\n\t(i)\t0.10% of the value of the grain; or\n\t(ii)\tif the Minister, by notice in the Gazette, specifies another amount (which may be 0) or the manner in which another amount may be calculated for the purposes of this subparagraph—that other amount;\n\t(b)\tcontributions are payable on behalf of the grain grower by the person who purchases the grain from the grain grower (the purchaser);\n\t(c)\tcontributions are payable on a quarterly basis, or, with the approval in writing by the Minister on application by the purchaser, on a yearly or other basis;\n\t(d)\tcontributions payable for grain sold during a particular quarter (or other period as may be approved under paragraph (c)) fall due 28 days after that quarter (or other period).\n\t(2)\tA purchaser who pays contributions on behalf of a grain grower must—\n\t(a)\tdeduct the amount of the contributions from the amount payable by the purchaser to the grain grower for the grain; 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 grain grower on whose behalf the contributions are paid and, for each grain grower, the tonnage and value of grain sold to the purchaser during the quarter (or other period) in respect of which the contributions are paid.\n\t(4)\tThe Minister may vary or revoke an approval under subregulation (1)(c).\n\t(5)\tA reference in subregulation (1)(a) to grain produced by a grain grower is a reference to grain produced by the grain grower during any season (including grain produced before the commencement of these regulations and sold after that commencement).\n6—Refunds of contributions\n\t(1)\tA grain grower may, by notice in writing to the Minister, within the 12 months following a financial year in respect of which contributions have been paid on behalf of the grain grower (whether under these regulations or the repealed regulations), make a claim for a refund in respect of those contributions.\n\t(2)\tA grain grower claiming a refund under subregulation (1) must supply the Minister with—\n\t(a)\tevidence acceptable to the Minister of the contributions made on behalf of the grain 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 grain grower satisfies the Minister that the grain grower is entitled to a refund, the Minister must refund to the grain grower the amount of contributions paid on behalf of the grain grower in respect of grain 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 grain 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 grain or agriculture industry bodies;\n\t(iii)\tpromoting the grain industry, including through industry field days, conferences and other events;\n\t(iv)\trepresenting grain growers in regional, State or national grain or agriculture industry forums;\n\t(v)\tthe collection and dissemination to grain growers of information relevant to the grain industry;\n\t(vi)\tprograms designed to encourage communication and cooperation between grain growers and other persons associated with the grain industry;\n\t(vii)\tother purposes of the body;\n\t(b)\tpayments for other purposes for the benefit of grain 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—Grain growers in default of contributions not entitled to benefits\n\t(1)\tA grain grower 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 grain grower 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 on behalf of the grain grower (whether under these regulations or the repealed regulations) have not been paid; or\n\t(b)\tthe grain grower 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 grain growers on whose behalf contributions have been paid or who have been refunded contributions under these 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—Repeal of Primary Industry Funding Schemes (Grain Industry Fund) Regulations 2012\nThe Primary Industry Funding Schemes (Grain Industry Fund) Regulations 2012 are repealed.\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\n2024\n19\nGazette 11.4.2024 p628 \n1.7.2024: r 2\n","sortOrder":0}],"analysis":{"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope assessment is not possible. The submitted content is a website error page, not the text of the Primary Industry Funding Schemes (Grain Industry Fund) Regulations 2024. No comparison between original intent and enacted provisions can be made."},"complexity_factors":["No legislative text was available for analysis — only a website error page was provided","Unable to assess drafting complexity, defined terms, cross-references, or operative provisions","Score of 1 reflects absence of content, not simplicity of the underlying law"],"plain_english_summary":"This regulation (not retrievable from the provided link) would be a South Australian subordinate instrument setting up a funding/levy scheme for the grain industry. It would affect grain growers, handlers and processors in SA by requiring contributions into a fund used—typically—for research, development, marketing or pest and disease management.\n\nLocate the full text at legislation.sa.gov.au or contact OPCWeb@sa.gov.au for the official instrument."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The instrument repeals the 2012 regulations (Schedule 1) and re‑establishes the Grain Industry Fund while preserving continuity (reg 4(1)). Compared with simple continuation, it explicitly grants the Minister discretion to set or change the contribution amount or calculation method (reg 5(1)(a)), approve and vary alternative payment periods (reg 5(1)(c), 5(4)), imposes detailed purchaser reporting and record‑keeping obligations (reg 5(2)–(3)), formalises refund procedures and time limits (reg 6), creates an entitlement exclusion for contributors in default (reg 8), and formalises information exchange with recipient bodies (reg 9). These additions increase administrative discretion and compliance requirements compared with a pure status‑quo continuation (see regs 4–9)."},"complexity_factors":["Ministerial discretion to specify or vary the contribution amount and method (reg 5(1)(a))","Option for alternative payment periods subject to Ministerial approval and variation (reg 5(1)(c), 5(4))","Obligations on purchasers to deduct contributions, keep and produce records and provide detailed quarterly statements (reg 5(2)–(3))","Refund mechanism with evidentiary and statutory-declaration requirements and a 12-month claim window (reg 6(1)–(3))","Eligibility exclusion for grain growers in default affecting access to Fund benefits (reg 8)","Information‑exchange powers requiring recipient bodies to provide financials/plans and permitting the Minister to disclose contributor identities (reg 9)","Definition of 'value' reducing sale price by handling, storage and transport costs, which affects calculation of contributions (reg 3)","Criminal/penalty exposure for false or misleading statements (reg 10)","Repeal of the 2012 regulations and continuity clause that carries over prior contributions and Fund balance (reg 4(1), Schedule 1)"],"plain_english_summary":"These regulations continue the Grain Industry Fund and require purchasers to deduct and remit contributions on behalf of grain growers (default 0.10% of sale value), give the Minister power to vary the rate and payment periods, and set rules for refunds, eligible uses and monitoring.  It affects grain growers (their sale proceeds are reduced), purchasers (must collect, record and remit contributions) and industry bodies (may receive Fund payments and must supply financial and planning information)."},"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"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This is a direct re-enactment and continuation of the 2012 regulations. The scope remains identical: establishing and administering a grain industry levy fund. The 2024 version makes no substantive expansion beyond the original purpose — it simply repeals and replaces the 2012 regulations to continue the existing Fund with updated legislative references."},"complexity_factors":["Short, self-contained instrument (10 regulations plus repeal schedule)","Only 6 defined terms in interpretation section (Act, Fund, grain, grain grower, quarter, repealed regulations, value)","Straightforward levy calculation (0.10% with Ministerial override power)","Simple conditional logic: refund claim → exclusion from benefits for 2 years (regulation 8)","No nested exceptions or complex cross-referencing to other legislation beyond basic parent Act reference","Administrative provisions (record-keeping, information exchange) are standard and procedural","Single penalty provision (regulation 10) with flat $5,000 maximum"],"plain_english_summary":"**What this does:**\n\nThese regulations set up a **Grain Industry Fund** — essentially a compulsory levy (contribution) paid by grain growers in South Australia to support their industry. Think of it as a membership fee that grain buyers collect on behalf of farmers and pass on to the government.\n\n**Who it affects:**\n\n- **Grain growers** — anyone running a business producing wheat, barley, lentils, canola, and similar crops (but not pasture seeds like lucerne). They pay 0.10% of their grain's sale value into the Fund.\n- **Grain buyers (purchasers)** — they must deduct this contribution from what they pay growers, keep records, and forward the money to the Minister quarterly (or another approved schedule).\n- **Industry bodies** — organisations representing grain growers can receive funding from the Fund for operations, advocacy, industry promotion, and information sharing.\n\n**Key mechanics:**\n\n- **The contribution:** 0.10% of grain value (the Minister can change this rate or set it to zero via Gazette notice).\n- **Collection:** Buyers handle the paperwork and payments, not individual farmers.\n- **Opt-out:** Growers can claim a full refund within 12 months after each financial year — but if they do, they lose access to Fund benefits for two years (a \"use it or lose it\" rule).\n- **Fund uses:** Money goes to grower representative bodies, industry promotion, administration costs, and refunds.\n\n**Why it matters:**\n\nThis is a **statutory continuation** of an existing scheme (replacing 2012 regulations). It ensures South Australia's grain industry has pooled funding for advocacy and development without relying solely on voluntary contributions. The refund mechanism gives growers an escape hatch, while the two-year exclusion discourages free-riding — ensuring those who benefit from industry representation help pay for it.\n\n**The catch:** If you claim your money back, you're locked out of Fund benefits (like industry information services or advocacy support) for two years."}},"importantCases":[],"_links":{"self":"/api/acts/primary-industry-funding-schemes-grain-industry-fund-regulations-2024","history":"/api/acts/primary-industry-funding-schemes-grain-industry-fund-regulations-2024/history","analysis":"/api/acts/primary-industry-funding-schemes-grain-industry-fund-regulations-2024/analysis","conflicts":"/api/acts/primary-industry-funding-schemes-grain-industry-fund-regulations-2024/conflicts","importantCases":"/api/acts/primary-industry-funding-schemes-grain-industry-fund-regulations-2024/important-cases","documents":"/api/acts/primary-industry-funding-schemes-grain-industry-fund-regulations-2024/documents"}}