{"id":"primary-industry-funding-schemes-grain-industry-research-and-development-fund-regulations-2024","name":"Primary Industry Funding Schemes (Grain Industry Research and Development Fund) Regulations 2024","slug":"primary-industry-funding-schemes-grain-industry-research-and-development-fund-regulations-2024","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":236723,"registerId":"sa-primary-industry-funding-schemes-grain-industry-research-and-development-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 Research and Development Fund) Regulations 2024","content":"South Australia\nPrimary Industry Funding Schemes (Grain Industry Research and Development Fund) Regulations 2024\nunder the Primary Industry Funding Schemes Act 1998\n\nContents\n1\tShort title\n2\tCommencement\n3\tInterpretation\n4\tGrain Industry Research and Development 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 Research and Development Fund) Regulations 2013\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Primary Industry Funding Schemes (Grain Industry Research and Development 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 Research and Development Fund) Regulations 2013;\nSouth Australian Grain Industry Trust Fund means the fund established under the trust deed;\ntrust deed means the trust deed approved under section 9A of the expired Wheat Marketing Act 1989;\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 Research and Development Fund\n\t(1)\tThe Grain Industry Research and Development 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)\t0.12% 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 paid 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 the trustees of the South Australian Grains Industry Trust Fund for 1 or more of the following purposes:\n\t(i)\tthe reasonable operating and management expenses of the Trust;\n\t(ii)\tfunding research and development into the growing, harvesting, storage, processing and marketing of grain;\n\t(iii)\tdissemination of technical information to persons associated with the grain industry;\n\t(iv)\tcollection and dissemination to grain growers of information relevant to research and development into grains;\n\t(v)\tother purposes of the Trust;\n\t(b)\tpayments for other purposes related to the funding of research and development into grains;\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 Research and Development Fund) Regulations 2013\nThe Primary Industry Funding Schemes (Grain Industry Research and Development Fund) Regulations 2013 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\n20\nGazette 11.4.2024 p632 \n1.7.2024: r 2\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"These regulations repeal the 2013 regulations and re‑establish the Fund while setting specific collection mechanics and administrative rules: a base levy of 0.12% with an express power for the Minister to specify a different amount, purchaser collection and reporting obligations, Ministerial approval/variation of payment periods, a 12‑month refund claim window with evidentiary verification, and default‑based exclusion from benefits. The replacement therefore alters the statutory instrument governing scope and administrative discretions (regs 4–9; Schedule 1)."},"complexity_factors":["Multiple affected parties: grain growers, purchasers (collectors), the Minister, and trust trustees (regs 3, 4, 5, 7).","Numeric levy calculation with stated base rate and explicit Ministerial power to specify or change the amount by Gazette (reg 5(1)(a)).","Collection, reporting and record‑keeping duties on purchasers, including quarterly statements and evidence requirements (regs 5(2)–(3)).","Ministerial discretion over payment periodicity approvals and revocations (regs 5(1)(c), 5(4)).","Refund procedure that requires evidence acceptable to the Minister and possible statutory declaration verification (reg 6(1)–(3)).","Eligibility condition that growers in default over the prior two financial years are excluded from direct benefits (reg 8).","Information‑sharing powers between Minister and recipients of Fund payments and requirements for financial/business information (reg 9).","Compliance risk and sanction for false or misleading statements with a monetary penalty (reg 10).","Transitional and replacement element: continuation of the existing Fund while repealing the 2013 regulations (reg 4(1), Schedule 1)."],"plain_english_summary":"These regulations continue the Grain Industry Research and Development Fund and set how contributions are collected: purchasers must deduct and pay contributions equal to 0.12% of a grain sale’s value (or another amount the Minister specifies) to the Minister, who administers the Fund (regs 4, 5). The Fund is applied to grain research and related trust activities; growers may seek refunds within 12 months (reg 6) and growers in recent default are barred from direct Fund‑funded benefits (regs 7–8)."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope assessment is not possible as the legislative text was not retrievable. No comparison between original intent and final form can be made."},"complexity_factors":["No legislative text was available for analysis — the source URL returned a Page Not Found error","Complexity cannot be meaningfully assessed without the actual content of the regulations","Score of 1 reflects absence of analysable material, not simplicity of the underlying law"],"plain_english_summary":"These South Australian regulations set up a funding scheme for the grain industry, channeling levies into research and development to support productivity, sustainability and sector innovation. \n\nThey are likely to affect grain growers, handlers, marketers and industry bodies who pay into or benefit from R&D programs. (Note: the actual regulation text was not available for review; obtain the instrument from legislation.sa.gov.au for authoritative detail.)"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation maintains the same scope as its predecessor. It continues the existing Grain Industry Research and Development Fund with identical core purposes (research funding, grower contributions, refund mechanisms). The 2024 regulations appear to be a straightforward re-enactment/replacement of the 2013 regulations with updated references and commencement dates, rather than an expansion of scope."},"complexity_factors":["Short, focused instrument (10 regulations plus repeal schedule)","Only 6 defined terms in the interpretation section (Act, Fund, grain, grain grower, quarter, repealed regulations, South Australian Grain Industry Trust Fund, trust deed, value)","Minimal cross-referencing — primarily internal references to regulations 4, 6, and 7","Simple conditional logic with clear triggers (e.g., 12-month refund window, 2-year default period)","Single penalty provision (regulation 10) with flat $5,000 maximum","Straightforward administrative structure without nested exceptions or complex deeming provisions","Repeal and replacement of 2013 regulations without transitional complexity beyond continuity of existing Fund balance"],"plain_english_summary":"This legislation sets up a **research and development fund for South Australia's grain industry**, funded by a small levy on grain sales.\n\n**What it does:**\n- **Establishes the Grain Industry Research and Development Fund** — a pool of money to support grain industry research, development, and technical information sharing.\n- **Collects contributions from grain growers** — anyone who grows wheat, barley, oats, pulses (like lentils and chickpeas), or oilseeds (like canola) must pay 0.12% of their grain's sale value into the Fund. The Minister can change this rate or set it to zero by public notice.\n- **Makes grain buyers collect the money** — when a buyer purchases grain from a grower, they deduct the contribution from the payment to the grower and pass it on to the Minister quarterly (or annually with approval).\n- **Allows refunds** — growers can claim their contributions back within 12 months after each financial year if they follow the process.\n- **Penalises non-payers** — growers who don't pay (or who claim refunds) lose access to direct benefits from the Fund for two years.\n- **Funds research** — money goes to the South Australian Grain Industry Trust Fund for research, development, technical information, and running costs.\n\n**Who it affects:**\n- **Grain growers** in South Australia (cereal, pulse, and oilseed producers)\n- **Grain buyers/purchasers** (who must deduct and remit contributions)\n- **The Minister** (who administers the Fund)\n- **The South Australian Grain Industry Trust** (which receives funding for research)\n\n**Why it matters:**\nThis ensures the grain industry has dedicated funding for innovation and improvement without relying on general government budgets. It's essentially a **self-funding mechanism** where growers contribute a tiny fraction of sales to benefit the whole industry through research and better farming practices."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/primary-industry-funding-schemes-grain-industry-research-and-development-fund-regulations-2024","history":"/api/acts/primary-industry-funding-schemes-grain-industry-research-and-development-fund-regulations-2024/history","analysis":"/api/acts/primary-industry-funding-schemes-grain-industry-research-and-development-fund-regulations-2024/analysis","conflicts":"/api/acts/primary-industry-funding-schemes-grain-industry-research-and-development-fund-regulations-2024/conflicts","importantCases":"/api/acts/primary-industry-funding-schemes-grain-industry-research-and-development-fund-regulations-2024/important-cases","documents":"/api/acts/primary-industry-funding-schemes-grain-industry-research-and-development-fund-regulations-2024/documents"}}