{"id":"primary-industry-funding-schemes-langhorne-creek-wine-industry-fund-regulations-2016","name":"Primary Industry Funding Schemes (Langhorne Creek Wine Industry Fund) Regulations 2016","slug":"primary-industry-funding-schemes-langhorne-creek-wine-industry-fund-regulations-2016","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":236730,"registerId":"sa-primary-industry-funding-schemes-langhorne-creek-wine-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 (Langhorne Creek Wine Industry Fund) Regulations 2016","content":"South Australia\nPrimary Industry Funding Schemes (Langhorne Creek Wine Industry Fund) Regulations 2016\nunder the Primary Industry Funding Schemes Act 1998\n\nContents\n1\tShort title\n3\tInterpretation\n4\tLanghorne Creek Wine Industry Fund\n5\tContributions to Fund\n6\tApplication of Fund\n7\tExchange of information\n8\tExclusion from benefits of person in default in relation to contributions\n9\tFalse or misleading statements\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Primary Industry Funding Schemes (Langhorne Creek Wine Industry Fund) Regulations 2016.\n3—Interpretation\n\t(1)\tIn these regulations, unless the contrary intention appears—\nAct means the Primary Industry Funding Schemes Act 1998;\ndefault in relation to contributions to the Fund—see subregulation (2);\ndelivered—see subregulation (3);\nFund—see regulation 4;\nLanghorne Creek means—\n\t(a)\tthe Hundred of Bremer;\n\t(b)\tthe Hundred of Brinkley;\n\t(c)\tthe Hundred of Freeling;\n\t(d)\tthe Hundred of Strathalbyn;\nLanghorne Creek grapes means any variety of grapes grown in Langhorne Creek and used or intended to be used for wine;\nLanghorne Creek grapes winemaker means a person who carries on a business of making wine and who processes Langhorne Creek grapes for that purpose;\nprescribed period means a period of 12 months ending on 31 May in any year.\n\t(2)\tA person is in default in relation to contributions to the Fund if, within the immediately preceding 2 prescribed 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 contributions from the Fund.\n\t(3)\tFor the purposes of these regulations—\n\t(a)\tgrapes will be taken to be delivered to a Langhorne Creek grapes winemaker by a grower of Langhorne Creek grapes when the winemaker takes possession of the grapes; and\n\t(b)\tif a Langhorne Creek grapes winemaker processes Langhorne Creek grapes grown by the winemaker, grapes will be taken to be delivered to the winemaker when the grapes are placed in a container for the purposes of commencing processing of the grapes (including placing the grapes in a container for fermentation or in preparation for crushing or pressing).\n4—Langhorne Creek Wine Industry Fund\n\t(1)\tThe Langhorne Creek Wine Industry Fund (the Fund) established under the revoked regulations continues in existence.\n\t(2)\tThe Fund is 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.\n\t(4)\tIn this regulation—\nrevoked regulations means the Primary Industry Funding Schemes (Langhorne Creek Wine Industry Fund) Regulations 2001.\n5—Contributions to Fund\n\t(1)\tThe following contributions are payable to the Minister for payment into the Fund for each tonne of Langhorne Creek grapes processed by a Langhorne Creek grapes winemaker:\n\t(a)\tduring the prescribed period ending on 31 May 2015—\n\t(i)\tin the case of grapes grown by a person other than the winemaker—\n\t(A)\t$5.15 is payable by the grower of the grapes; and\n\t(B)\t$3.60 is payable by the winemaker; and\n\t(ii)\tin the case of grapes grown by the winemaker—$8.75 is payable by the winemaker;\n\t(b)\tduring the prescribed period ending on 31 May 2016—\n\t(i)\tin the case of grapes grown by a person other than the winemaker—\n\t(A)\t$5.30 is payable by the grower of the grapes; and\n\t(B)\t$3.70 is payable by the winemaker; and\n\t(ii)\tin the case of grapes grown by the winemaker—$9.00 is payable by the winemaker;\n\t(c)\tduring the prescribed periods ending on 31 May 2017 and 31 May 2018—\n\t(i)\tin the case of grapes grown by a person other than the winemaker—\n\t(A)\t$5.45 is payable by the grower of the grapes; and\n\t(B)\t$3.80 is payable by the winemaker; and\n\t(ii)\tin the case of grapes grown by the winemaker—$9.25 is payable by the winemaker.\n\t(d)\tduring the prescribed period ending on 31 May 2019—\n\t(i)\tin the case of grapes grown by a person other than the winemaker—\n\t(A)\t$5.63 is payable by the grower of the grapes; and\n\t(B)\t$3.94 is payable by the winemaker; and\n\t(ii)\tin the case of grapes grown by the winemaker—$9.57 is payable by the winemaker;\n\t(e)\tduring the prescribed period ending on 31 May 2020—\n\t(i)\tin the case of grapes grown by a person other than the winemaker—\n\t(A)\t$5.80 is payable by the grower of the grapes; and\n\t(B)\t$4.06 is payable by the winemaker; and\n\t(ii)\tin the case of grapes grown by the winemaker—$9.86 is payable by the winemaker;\n\t(f)\tduring the prescribed period ending on 31 May 2021—\n\t(i)\tin the case of grapes grown by a person other than the winemaker—\n\t(A)\t$5.97 is payable by the grower of the grapes; and\n\t(B)\t$4.18 is payable by the winemaker; and\n\t(ii)\tin the case of grapes grown by the winemaker—$10.15 is payable by the winemaker;\n\t(g)\tduring the prescribed period ending on 31 May 2022—\n\t(i)\tin the case of grapes grown by a person other than the winemaker—\n\t(A)\t$6.15 is payable by the grower of the grapes; and\n\t(B)\t$4.31 is payable by the winemaker; and\n\t(ii)\tin the case of grapes grown by the winemaker—$10.46 is payable by the winemaker.\n\t(1a)\tThe following contributions are payable to the Minister for payment into the Fund for each tonne of Langhorne Creek grapes processed by a Langhorne Creek grapes winemaker during a prescribed period ending on or after 31 May 2023:\n\t(a)\tin the case of grapes grown by a person other than the winemaker—\n\t(i)\tthe amount fixed for the period by the Minister, by notice in the Gazette, is payable by the grower of the grapes; and\n\t(ii)\tthe amount fixed for the period by the Minister, by notice in the Gazette, is payable by the winemaker; and\n\t(b)\tin the case of grapes grown by the winemaker—the amount fixed for the period by the Minister, by notice in the Gazette, is payable by the winemaker.\n\t(2)\tHowever—\n\t(a)\tno more than the prescribed maximum contribution is payable by each grower in respect of grapes delivered to winemakers during a prescribed period; and\n\t(b)\tno more than the prescribed maximum contribution is payable by each winemaker on the winemaker's own behalf in respect of grapes delivered to the winemaker during a prescribed period.\n\t(3)\tThe contributions are payable on or before the last day of the month that immediately follows the prescribed period.\n\t(4)\tContributions payable by a grower under subregulation (1) or (1a) for grapes delivered to a Langhorne Creek grapes winemaker must be paid on behalf of the grower by the winemaker out of the amount payable by the winemaker to the grower for the grapes.\n\t(4a)\tThe Minister may, by notice in the Gazette published before the date for payment of contributions for a prescribed period, vary an amount fixed under this regulation in respect of the prescribed period (including an amount specified as a prescribed maximum contribution under subregulation (10)).\n\t(4b)\tIf the Minister varies an amount payable under this regulation after the commencement of the relevant prescribed period, the amount as varied applies only in respect of the part of the prescribed period following the date on which the variation takes effect.\n\t(5)\tA Langhorne Creek grapes winemaker must—\n\t(a)\tkeep proper records relating to the growers and tonnage of Langhorne Creek grapes processed by the winemaker and the contributions required to be made (on the winemaker's own behalf and on behalf of growers) in respect of those grapes; and\n\t(b)\tmake those records available for inspection at any reasonable time by a person authorised by the Minister for the purpose.\n\t(6)\tA Langhorne Creek grapes winemaker must—\n\t(a)\twithin 30 days after the end of each prescribed period, furnish the Minister with a financial statement relating to the contributions (on the winemaker's own behalf and on behalf of growers) for Langhorne Creek grapes processed during that prescribed period that—\n\t(i)\tis in the form, and contains the information, required by the Minister; and\n\t(ii)\tis, if the person has the necessary equipment, in an electronic form acceptable to the Minister; and\n\t(b)\tforward to the Minister, with the annual financial statement required by paragraph (a), the required contributions (on the winemaker's own behalf and on behalf of growers) for Langhorne Creek grapes processed during the prescribed period to which the financial statement relates.\n\t(7)\tRefunds of contributions paid in respect of Langhorne Creek grapes processed during a prescribed period may be claimed by notice in writing to the Minister within the refund period for that prescribed period as follows:\n\t(a)\ta grower of Langhorne Creek grapes may claim a refund in respect of contributions paid by a Langhorne Creek grapes winemaker on behalf of the grower;\n\t(b)\ta Langhorne Creek grapes winemaker may claim a refund in respect of contributions paid on the winemaker's own behalf.\n\t(8)\tA person claiming a refund under subregulation (7) must supply the Minister with evidence acceptable to the Minister of the contributions made by the claimant in respect of which the claim for refund is made.\n\t(9)\tIf the person satisfies the Minister that the person is entitled to a refund, the Minister must refund to the person the amount of the contributions paid by or on behalf of the person, together with interest (at the official cash rate) on that amount for the period commencing on the date of payment of the contributions to the Minister and ending on the date of lodgment of the claim for the refund.\n\t(10)\tIn this regulation—\nofficial cash rate means the cash rate fixed by the Reserve Bank of Australia and prevailing on the date of lodgment of the claim for the refund;\nprescribed maximum contribution means—\n\t(a)\tin respect of a prescribed period ending on or before 31 May 2022—$30 000; or\n\t(b)\tin respect of a prescribed period ending on or after 31 May 2023—the amount fixed by the Minister, by notice in the Gazette, as the maximum contribution for the period;\nrefund period means—\n\t(a)\tin respect of a prescribed period up to and including the prescribed period ending on 31 May 2021—the period of 12 months following the prescribed period; or\n\t(b)\tin respect of each subsequent prescribed period—the period of 6 months following the prescribed period.\n6—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 both Langhorne Creek grapes winemakers and growers of Langhorne Creek grapes for one or more of the following purposes:\n\t(i)\tthe reasonable operating and management expenses of the body;\n\t(ii)\tpromoting the Langhorne Creek wine industry;\n\t(iii)\tundertaking or facilitating research and development, or the collection and dissemination to Langhorne Creek grapes winemakers and growers of Langhorne Creek grapes of information, relevant to the Langhorne Creek wine industry and, in particular, to the improvement of practices in the industry;\n\t(iv)\tprograms designed to encourage communication and cooperation between Langhorne Creek grapes winemakers and growers of Langhorne Creek grapes;\n\t(v)\tother purposes of the body;\n\t(b)\tpayments for other purposes for the benefit of the Langhorne Creek wine industry;\n\t(c)\tpayment of the expenses of administering the Fund;\n\t(d)\trepayment of contributions to the Fund under regulation 5.\n7—Exchange of information\nThe Minister may provide a body to which payments are made out of the Fund under regulation 6(a) with information identifying growers of Langhorne Creek grapes and Langhorne Creek grapes winemakers who have paid or been refunded contributions under these regulations.\n8—Exclusion from benefits of person in default in relation to contributions\nA 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.\n9—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.\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 these regulations (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 revoked by principal regulations\nThe Primary Industry Funding Schemes (Langhorne Creek Wine Industry Fund) Regulations 2016 revoked the following:\nPrimary Industry Funding Schemes (Langhorne Creek Wine Industry Fund) Regulations 2001\nPrincipal regulations and variations\nNew entries appear in bold.\nYear\nNo\nReference\nCommencement\n2016\n205\nGazette 25.8.2016 p3485 \n1.9.2016: r 2\n2017\n237\nGazette 8.8.2017 p3477\n8.8.2017: r 2\n2017\n333\nGazette 12.12.2017 p5016\n12.4.2018: r 2\n2021\n130\nGazette 2.9.2021 p3460\n2.9.2021: r 2\n2023\n14\nGazette 30.3.2023 p628\n30.3.2023: 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\n8.8.2017\nr 3\n\n\nr 3(1)\n\n\nprescribed period\nvaried by 333/2017 r 4\n12.4.2018\n\namended by 14/2023 r 3\n30.3.2023\nr 5\n\n\nr 5(1)\nvaried by 333/2017 r 5\n12.4.2018\n\n(h) deleted by 130/2021 r 4(1)\n2.9.2021\nr 5(1a)\ninserted by 130/2021 r 4(2)\n2.9.2021\nr 5(2)\nvaried by 130/2021 r 4(3)\n2.9.2021\nr 5(4)\nsubstituted by 130/2021 r 4(4)\n2.9.2021\nr 5(4a) and (4b)\ninserted by 130/2021 r 4(4)\n2.9.2021\nr 5(7)\nvaried by 130/2021 r 4(5)\n2.9.2021\nr 5(8)\nsubstituted by 237/2017 r 4\n8.8.2017\nr 5(10)\nvaried by 130/2021 r 4(6)\n2.9.2021\nprescribed maximum contribution\ninserted by 130/2021 r 4(7)\n2.9.2021\nrefund period\ninserted by 130/2021 r 4(7)\n2.9.2021\nSch 1\nomitted under Legislation Revision and Publication Act 2002\n8.8.2017\nHistorical versions\n8.8.2017\n\n12.4.2018\n\n2.9.2021\n\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The 2016 regulations continue the Fund established under the revoked 2001 regulations but modify levy mechanics and administrative discretion. Notably, reg 5(1a) (inserted 2021) replaces fixed post‑2023 dollar rates with amounts the Minister may fix by Gazette; regs 5(4a) and 5(4b) give the Minister power to vary amounts and control the timing of variations; and reg 5(10) introduces a prescribed maximum contribution and alters refund periods for later years. These changes shift aspects of pricing and caps from a fixed schedule to executive notice and change contributors' refund and liability rules."},"complexity_factors":["Multiple year‑specific fixed levy rates for past periods and a shift to Minister‑fixed rates for periods on/after 31 May 2023 (reg 5(1), 5(1a)).","Ministerial discretion to vary levy amounts and prescribed maxima by notice in the Gazette, including mid‑period application rules (reg 5(4a), 5(4b)).","Prescribed maximum contribution caps and different refund periods depending on year (reg 5(2), 5(10)).","Payment mechanics that require winemakers to pay growers' share out of amounts payable to growers (reg 5(4)), creating cash‑flow and withholding obligations for winemakers.","Recordkeeping and reporting obligations on winemakers, including electronic reporting if capable, and time limits for submission (reg 5(5)–(6)).","Refund procedure and interest calculation tied to the Reserve Bank official cash rate, with evidentiary requirements (reg 5(7)–(9), reg 5(10) definition of official cash rate).","Information‑sharing power allowing the Minister to disclose contributor identities to funded industry bodies (reg 7), raising operational and confidentiality considerations.","Enforcement tools: exclusion from Fund benefits for contributors in default and a criminal penalty for false or misleading statements (regs 8, 9).","Interpretive definitions and default rules (when grapes are ‘delivered’, what counts as default) that affect when levies become payable and who is liable (reg 3(2)–(3))."],"plain_english_summary":"These regulations establish and run the Langhorne Creek Wine Industry Fund, financed by per‑tonne levies on grapes processed in the Langhorne Creek area. Growers and winemakers share payment responsibilities; the Minister administers the Fund, may set future levy amounts and caps by Gazette, and authorises payments for industry bodies, research, promotion, administration and refunds. The rules set how levies are collected, reported, refunded, and enforced."},"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"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The legislation has evolved significantly from its original 2001 form. The 2016 revocation and remake introduced a fixed 7-year schedule of escalating contribution rates (2015-2022), which was later amended in 2021 to shift to Minister-determined rates via Gazette notice from 2023 onwards. This represents a move from parliamentary-set rates to executive discretion. Additionally, the 2021 amendments introduced more complex administrative machinery including variation powers with temporal limitations (r5(4b)), shortened refund periods from 12 to 6 months for later periods, and refined the maximum contribution framework. The scope has expanded from simple rate-setting to a more flexible, administratively complex scheme with greater Ministerial discretion."},"complexity_factors":["Multiple nested subparagraphs for contribution rates across 8 different prescribed periods (2015 through 2022) with different rates for grower-grown vs third-party grapes","Transition from fixed dollar amounts in regulations to Minister-determined rates via Gazette notice from 2023 onwards (regulation 5(1a))","Complex definition of 'delivered' requiring deeming provisions for self-grown grapes (regulation 3(3))","Multiple cross-references between regulations (e.g., 'default in relation to contributions' defined in r3(2) but used in r8)","Conditional refund periods that changed from 12 months to 6 months depending on the prescribed period (regulation 5(10) definition of 'refund period')","Cap on contributions that varies between pre-2022 fixed amount and post-2023 Minister-determined amount","Retrospective and prospective application rules for Minister's variation powers (regulation 5(4b))"],"plain_english_summary":"This legislation sets up a **compulsory levy system** for the Langhorne Creek wine region in South Australia. Here's what it does:\n\n**Who pays:**\n- **Grape growers** in the Langhorne Creek area (specifically the Hundreds of Bremer, Brinkley, Freeling and Strathalbyn)\n- **Winemakers** who process those grapes\n\n**How it works:**\n- Every time grapes are processed, both the grower and winemaker must pay a set amount per tonne into a central fund (the **Langhorne Creek Wine Industry Fund**)\n- If a winemaker grows their own grapes, they pay the combined amount\n- Winemakers collect the grower's share by deducting it from what they pay for the grapes\n- There's a **cap** on how much any single person pays per year ($30,000 for periods up to May 2022, then set by the Minister)\n\n**What the money is used for:**\n- Funding the local wine industry body (for things like marketing, research, and running costs)\n- Industry promotion and research\n- Administering the fund itself\n- Refunding contributions if claimed in time\n\n**Key rules:**\n- Payments are due monthly after each 12-month period ending 31 May\n- People who don't pay (or who get refunds) lose access to fund benefits\n- False statements attract a $5,000 fine\n- From May 2023 onwards, the Minister sets the rates by Gazette notice rather than fixed amounts in the regulations\n\n**Why it matters:** This is essentially a **self-taxation scheme** where local wine producers pool money to promote and improve their region collectively, rather than competing individually."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Scope cannot be meaningfully assessed without access to the legislative text. Based on the title, the regulation appears narrowly targeted at the Langhorne Creek wine industry, consistent with what such a scheme regulation would ordinarily cover. No evidence of scope change is available."},"complexity_factors":["Actual legislative text was not retrievable — the source returned a 404/Page Not Found error","Analysis is based solely on the title, making complexity assessment largely speculative","Industry funding scheme regulations of this type are typically straightforward administrative instruments with defined levy rates, collection mechanisms, and fund purposes","Likely limited in geographic and industry scope (Langhorne Creek wine region only), which tends to reduce complexity"],"plain_english_summary":"The regulations set up a regional industry funding scheme for the Langhorne Creek wine area, requiring local grape growers and/or winemakers to contribute levies that are pooled into a dedicated fund. Managed under the Primary Industry Funding Schemes Act 1998, the fund is intended to support shared activities such as regional marketing, research, pest and disease management, and industry development."}},"importantCases":[],"_links":{"self":"/api/acts/primary-industry-funding-schemes-langhorne-creek-wine-industry-fund-regulations-2016","history":"/api/acts/primary-industry-funding-schemes-langhorne-creek-wine-industry-fund-regulations-2016/history","analysis":"/api/acts/primary-industry-funding-schemes-langhorne-creek-wine-industry-fund-regulations-2016/analysis","conflicts":"/api/acts/primary-industry-funding-schemes-langhorne-creek-wine-industry-fund-regulations-2016/conflicts","importantCases":"/api/acts/primary-industry-funding-schemes-langhorne-creek-wine-industry-fund-regulations-2016/important-cases","documents":"/api/acts/primary-industry-funding-schemes-langhorne-creek-wine-industry-fund-regulations-2016/documents"}}