{"id":"primary-industry-funding-schemes-mclaren-vale-wine-industry-fund-regulations-2017","name":"Primary Industry Funding Schemes (McLaren Vale Wine Industry Fund) Regulations 2017","slug":"primary-industry-funding-schemes-mclaren-vale-wine-industry-fund-regulations-2017","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":236733,"registerId":"sa-primary-industry-funding-schemes-mclaren-vale-wine-industry-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 (McLaren Vale Wine Industry Fund) Regulations 2017","content":"South Australia\nPrimary Industry Funding Schemes (McLaren Vale Wine Industry Fund) Regulations 2017\nunder the Primary Industry Funding Schemes Act 1998\n\nContents\n1\tShort title\n3\tInterpretation\n4\tMcLaren Vale 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\nSchedule 1—Map showing McLaren Vale\nSchedule 2—Revocation and transitional provision\n1\tRevocation of Primary Industry Funding Schemes (McLaren Vale Wine Industry Fund) Regulations 2003\n2\tTransitional provision\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Primary Industry Funding Schemes (McLaren Vale Wine Industry Fund) Regulations 2017.\n3—Interpretation\n\t(1)\tIn these regulations, unless the contrary intention appears—\nAct means the Primary Industry Funding Schemes Act 1998;\ndelivered—see subregulation (3);\nFund—see regulation 4;\nMcLaren Vale means the area outlined in bold and shown on the map in Schedule 1;\nMcLaren Vale grapes means any variety of grapes grown in McLaren Vale and used or intended to be used for wine;\nMcLaren Vale grapes winemaker means a person who carries on a business of making wine and who processes McLaren Vale grapes for that purpose;\nprescribed period means any of the following periods:\n\t(a)\ta prescribed period within the meaning of the revoked regulations;\n\t(b)\tthe period comprised of—\n\t(i)\tthe period of 1 June 2017 up to (but not including) the date of commencement of these regulations; and\n\t(ii)\tthe prescribed transition period;\n\t(c)\tthe period of 12 months commencing on 1 June 2018 or on 1 June in any subsequent year;\nprescribed transition period means the period from the date of commencement of these regulations to 31 May 2018;\nrevoked regulations means the Primary Industry Funding Schemes (McLaren Vale Wine Industry Fund) Regulations 2003.\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 under these regulations or the revoked regulations by the person have not been paid; or\n\t(b)\tthe person has been refunded contributions from the Fund made under these regulations or the revoked regulations.\n\t(3)\tFor the purposes of these regulations—\n\t(a)\tgrapes will be taken to be delivered to a McLaren Vale grapes winemaker by a grower of McLaren Vale grapes when the winemaker takes possession of the grapes; and\n\t(b)\tif a McLaren Vale grapes winemaker processes McLaren Vale 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—McLaren Vale Wine Industry Fund\n\t(1)\tThe McLaren Vale 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.\n5—Contributions to Fund\n\t(1)\tThe following contributions are payable to the Minister for payment into the Fund for each tonne of McLaren Vale grapes delivered to a McLaren Vale grapes winemaker during the prescribed transition period:\n\t(a)\tin the case of grapes grown by a person other than the winemaker—\n\t(i)\t$8.30 is payable by the grower of the grapes; and\n\t(ii)\t$11.00 is payable by the winemaker; and\n\t(b)\tin the case of grapes grown by the winemaker—$11.00 is payable by the winemaker.\n\t(2)\tThe following contributions are payable to the Minister for payment into the Fund for each tonne of McLaren Vale grapes delivered to a McLaren Vale grapes winemaker during the specified prescribed period:\n\t(a)\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$8.30 is payable by the grower of the grapes; and\n\t(B)\t$11.00 is payable by the winemaker; and\n\t(ii)\tin the case of grapes grown by the winemaker—$11.00 is payable by the winemaker;\n\t(b)\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$8.70 is payable by the grower of the grapes; and\n\t(B)\t$11.70 is payable by the winemaker; and\n\t(ii)\tin the case of grapes grown by the winemaker—$11.70 is payable by the winemaker;\n\t(c)\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$8.70 is payable by the grower of the grapes; and\n\t(B)\t$11.70 is payable by the winemaker; and\n\t(ii)\tin the case of grapes grown by the winemaker—$11.70 is payable by the winemaker;\n\t(d)\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$9.20 is payable by the grower of the grapes; and\n\t(B)\t$12.20 is payable by the winemaker; and\n\t(ii)\tin the case of grapes grown by the winemaker—$12.20 is payable by the winemaker.\n\t(2a)\tThe following contributions are payable to the Minister for payment into the Fund for each tonne of McLaren Vale grapes delivered to a McLaren Vale 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(3)\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(4)\tThe contributions are payable on or before the last day of the month that immediately follows the prescribed period or the prescribed transitional period (as the case requires).\n\t(5)\tContributions payable under subregulation (1) , (2) or (2a) by a grower in respect of McLaren Vale grapes where the grower and the winemaker for the grapes are different persons must be paid on behalf of the grower by the McLaren Vale grapes winemaker who purchases the grapes out of the amount payable by the winemaker to the grower for the grapes.\n\t(5a)\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 (11)).\n\t(5b)\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(6)\tA McLaren Vale grapes winemaker must—\n\t(a)\tkeep proper records relating to the growers and tonnage of McLaren Vale grapes delivered to 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(7)\tA McLaren Vale grapes winemaker must—\n\t(a)\twithin 30 days after the end of each prescribed period (other than a prescribed period referred to in paragraph (a) of the definition of 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 McLaren Vale grapes delivered 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 McLaren Vale grapes delivered during the prescribed period to which the financial statement relates.\n\t(8)\tRefunds of contributions paid in respect of McLaren Vale grapes delivered 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 McLaren Vale grapes may claim a refund in respect of contributions paid by a McLaren Vale grapes winemaker on behalf of the grower; and\n\t(b)\ta McLaren Vale grapes winemaker may claim a refund in respect of contributions paid on the winemaker's own behalf.\n\t(9)\tA person claiming a refund under subregulation (8) 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 and, if the Minister so requires, verification of that evidence in the form of a statutory declaration.\n\t(10)\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(11)\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 the prescribed period ending on 31 May 2018—$31 500;\n\t(b)\tin respect of the prescribed period ending on 31 May 2019—$31 500;\n\t(c)\tin respect of the prescribed period ending on 31 May 2020—$33 075;\n\t(d)\tin respect of the prescribed period ending on 31 May 2021—$33 075;\n\t(e)\tin respect of the prescribed period ending on 31 May 2022—$34 730;\n\t(f)\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 McLaren Vale grapes winemakers and growers of McLaren Vale 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 McLaren Vale wine industry;\n\t(iii)\tundertaking or facilitating research and development, or the collection and dissemination to McLaren Vale grapes winemakers and growers of McLaren Vale grapes of information, relevant to the McLaren Vale wine industry and, in particular, to the improvement of practices in the industry;\n\t(iv)\tprograms designed to encourage communication and cooperation between McLaren Vale grapes winemakers and growers of McLaren Vale grapes;\n\t(v)\tother purposes of the body;\n\t(b)\tpayments for other purposes for the benefit of the McLaren Vale 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\n\t(1)\tThe Minister may require a body to which payments are made out of the Fund under regulation 6(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 a body to which payments are made out of the Fund under regulation 6(a) with information identifying growers of McLaren Vale grapes and McLaren Vale grape 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 under regulation 6(b).\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.\nSchedule 1—Map showing McLaren Vale\n\nSchedule 2—Revocation and transitional provision\n1—Revocation of Primary Industry Funding Schemes (McLaren Vale Wine Industry Fund) Regulations 2003\nThe Primary Industry Funding Schemes (McLaren Vale Wine Industry Fund) Regulations 2003 are revoked.\n2—Transitional provision\nThe revocation in clause 1 of this Schedule does not affect liability for an amount payable under regulation 5(1) of the revoked regulations (including liability arising in respect of grapes delivered in the period from 1 June 2017 up to the date of commencement of regulation 5).\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 (McLaren Vale Wine Industry Fund) Regulations 2017 revoked the following:\nPrimary Industry Funding Schemes (McLaren Vale Wine Industry Fund) Regulations 2003\nPrincipal regulations and variations\nNew entries appear in bold.\nYear\nNo\nReference\nCommencement\n2017\n336\nGazette 12.12.2017 p5025 \n12.12.2017: r 2\n2021\n131\nGazette 2.9.2021 p3463\n2.9.2021: r 2\n2023\n15\nGazette 30.3.2023 p629\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\n2.9.2021\nr 3\n\n\nr 3(1)\n\n\nprescribed period\namended by 15/2023 r 3\n30.3.2023\nr 5\n\n\nr 5(2)\n(e) deleted by 131/2021 r 4(1)\n2.9.2021\nr 5(2a)\ninserted by 131/2021 r 4(2)\n2.9.2021\nr 5(5)\nvaried by 131/2021 r 4(3)\n2.9.2021\nr 5(5a) and (5b)\ninserted by 131/2021 r 4(4)\n2.9.2021\nr 5(8)\nvaried by 131/2021 r 4(5)\n2.9.2021\nr 5(11)\n\n\nprescribed maximum contribution\nvaried by 131/2021 r 4(6)\n2.9.2021\nrefund period\ninserted by 131/2021 r 4(7)\n2.9.2021\nHistorical versions\n2.9.2021\n\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The 2017 regulations continue the 2003 Fund but later variations (notably 2021 and 2023) broadened Ministerial discretion and altered operational rules. Concretely: (a) from prescribed periods ending on or after 31 May 2023 the Minister may fix per-tonne amounts and maximum contributions by Gazette notice instead of the regulations prescribing fixed dollar rates (reg 5(2a), 5(11)(f)); (b) the refund window was shortened for later periods (reg 5(8), (11)); (c) the definition of prescribed period and transitional arrangements were adjusted to cover the changeover from the revoked regulations (reg 3, Schedule 2); and (d) procedural provisions for payment collection, variation timing and reporting were added or clarified (regs 5(5), 5(5a), 5(5b), 5(7)). These changes shift the instrument from a tightly-specified statutory levy schedule toward a framework with ongoing Ministerial rate-setting and administrative flexibility, increasing executive control over amounts and caps while retaining the levy’s core purpose of funding industry-level activities (reg 6)."},"complexity_factors":["Tiered per-tonne contribution schedule spanning multiple prescribed periods with different rates for growers and winemakers (regs 5(1), 5(2)).","Ministerial discretion to fix and vary contribution amounts and maximums for periods on/after 31 May 2023 by Gazette notice (regs 5(2a), 5(5a), 5(5b), 5(11)(f)).","Defined transitional architecture and cross-reference to revoked 2003 regulations, including a prescribed transition period and preserved liabilities (reg 3 definitions; Schedule 2).","Prescribed maximum contribution caps that change by period and can be Minister-set after 31 May 2023 (reg 5(11)).","Changed refund regime and differing refund windows (12 months for earlier periods, 6 months for later periods) creating time-sensitive claims (reg 5(8), (11)).","Record-keeping, reporting and electronic filing obligations on winemakers, with short payment deadlines (reg 5(6), (7), (4)).","Information-exchange rules: Minister can require recipient bodies' financials and can disclose contributor identities to recipients (reg 7).","Operational enforcement levers: exclusion from benefits for defaulters and a criminal-style false/misleading offence with a monetary maximum penalty (regs 8, 9).","Multiple cross-references to the Act and revoked regulations, and to external instruments (Gazette notices, Reserve Bank official cash rate for interest) which require attention in practice (regs 5, 9)."],"plain_english_summary":"**What these regulations do (mechanics)\n\n- Establish and continue the McLaren Vale Wine Industry Fund (the Fund) and set out how money goes into and out of it (reg 4).\n- Require per-tonne contributions for grapes grown in the McLaren Vale region: growers and winemakers pay set amounts for each tonne delivered to a winemaker, with different rates depending on whether the grower and winemaker are the same person and depending on the prescribed period (reg 5(1), (2), (2a)).\n- Allow the Minister to fix or vary contribution amounts and maximums for prescribed periods by notice in the Gazette for periods on or after 31 May 2023 (reg 5(2a), 5(5a), 5(5b), 5(11)(f)).\n- Limit the total contribution any single grower or winemaker must pay in a prescribed period by a statutory maximum (reg 5(3), 5(11)).\n- Require winemakers who purchase grapes to collect and pay growers' contributions to the Minister out of the payment to the grower (reg 5(5)).\n- Require winemakers to keep records of growers, tonnage and contributions, and to provide periodic financial statements and the collected contributions to the Minister (reg 5(6), (7)).\n- Allow refunds to growers or winemakers in specified refund periods, subject to evidence and Minister approval, with interest paid at the Reserve Bank cash rate (reg 5(8)–(10), (11)).\n- Authorise the Minister to apply the Fund to payments to a body that represents both growers and winemakers for operating expenses, promotion, research and development, communication programs, and other industry-benefit purposes; and to other purposes for the benefit of the McLaren Vale wine industry, administration costs and refunds (reg 6).\n- Permit the Minister to request financial reports and business plans from bodies receiving Fund payments and to provide recipient bodies with identifying information about contributors (reg 7).\n- Exclude from Fund-funded direct benefits a person who is in default on contributions (reg 8).\n- Create a criminal-style offence for making false or misleading statements or records in material respects, with a maximum penalty of $5,000 (reg 9).\n- Revokes the 2003 regulations and preserves liability for amounts payable under the old rules for grapes delivered before commencement (Schedule 2).\n\n\nWho this affects\n\n- Growers of McLaren Vale grapes (any variety used or intended for wine) — they pay a per-tonne levy when their grapes are delivered to a winemaker, unless they grow and process the grapes themselves (defined in reg 3).\n- McLaren Vale grapes winemakers — they pay a per-tonne levy on grapes they process, must collect growers' levies when they buy grapes, must keep records and submit financial statements, and must pay collected contributions to the Minister (reg 3, 5(3)–(7)).\n- Bodies that represent both McLaren Vale growers and winemakers — they can receive Fund payments for operating costs, promotion, R&D and other specified industry-benefit activities, subject to Ministerial approval and reporting (reg 6, 7).\n- The Minister — administers the Fund, sets rates for later periods by Gazette, decides recipients, can require reports and can share contributor information with recipient bodies (reg 4, 5(2a), 6, 7).\n\n\nWhy it matters (stated purpose and practical effects)\n\n- The instrument is presented as a mechanism to bankroll industry-level activities: promotion, research and development, communication and the reasonable operating expenses of a representative body (reg 6). That is the declared purpose as reflected in the permitted uses of the Fund.\n\n- Who pays and how much: the cost is charged directly to producers — both growers and winemakers — on a per-tonne basis. The practical effect is a recurrent, transaction-linked levy on grape deliveries (reg 5). Collection is effectively outsourced to winemakers who purchase grapes (reg 5(5)), so winemakers bear short-term cashflow and administrative burdens even where growers ultimately pay.\n\n- Decision-making and discretion: the Minister controls administration, recipient selection, reporting requirements, and (for periods from 31 May 2023) the power to set or vary per-tonne rates and maximum contributions by Gazette notice (reg 4, 5(2a), 5(5a), 5(5b), 5(11)(f), 7). That centralises important financial and allocation decisions in a single office, which creates implementation flexibility but also creates uncertainty for industry actors about future levies and allocations.\n\n\nCosts, incentives and trade-offs (mechanisms, not judgments)\n\n- Direct cost: payments flow from growers and winemakers into the Fund on a per-tonne basis (reg 5). The schedule of fixed rates applies for earlier prescribed periods; thereafter the Minister may fix amounts (reg 5(2a)).\n- Administrative/compliance cost: winemakers must keep records, prepare and lodge financial statements (including electronic formats if equipment is available) and remit contributions within a tight timetable (payment due by the last day of the month following the prescribed period) (reg 5(6), (7), (4)).\n- Cashflow effect: winemakers who purchase grapes must pay growers’ contributions out of the sums payable to growers (reg 5(5)), increasing winemakers' short-term cash outlay and record-keeping responsibilities.\n- Benefit concentration vs cost dispersion: benefits are distributed to a (single) representative body or to other industry uses (reg 6). The levy cost is borne by many grower and winemaker businesses but payments may flow to a smaller set of organised recipients. The regulations require the Minister to be of the opinion that a body represents both growers and winemakers before paying it under reg 6(a), and permit financial oversight (reg 7), which is the mechanism for alignment.\n- Enforcement and exclusion: non-payment affects access to Fund-funded direct benefits (reg 8), and false or misleading records attract a penalty up to $5,000 (reg 9). These provisions create enforcement levers and compliance incentives.\n- Flexibility vs predictability: moving to Minister-fixed amounts post‑May 2023 (reg 5(2a), 5(11)(f)) increases administrative flexibility but reduces predictability for budgeting by growers and winemakers; the Gazette-notice mechanism is the legal channel for that change (reg 5(5a), (2a)).\n\n\nImplementation risks and practical notes\n\n- The Minister may disclose identifying contributor information to recipient bodies (reg 7(2)), which affects privacy expectations and changes the information environment for industry bodies.\n- Refund rules require claims within a specified refund period and evidence acceptable to the Minister; earlier periods had a 12‑month refund window, later periods a 6‑month window (reg 5(8), (11)). That shortens the time for claimants to recover mistaken payments.\n- The regulations revoke the older 2003 instrument but expressly preserve liabilities for amounts payable under the old rules for deliveries during the transitional period (Schedule 2). This is the mechanism preserving continuity of collection for deliveries around the commencement date.\n\nRelevant sections cited where key mechanics are set out: regs 3, 4, 5 (contributions and administration), 6 (application of Fund), 7 (reporting and information exchange), 8 (exclusion for defaulters), 9 (false/misleading statements), Schedule 2 (revocation and transition).\n\n"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation maintains the original scope of establishing and administering an industry levy for the McLaren Vale wine region. While the 2017 regulations replaced the 2003 version and subsequent amendments added flexibility for future rate-setting by Gazette notice (rather than fixed statutory rates), these changes represent evolutionary administrative updates rather than scope expansion. The core purpose—collecting contributions from growers and winemakers to fund industry development—remains unchanged."},"complexity_factors":["Multiple overlapping time periods with different contribution rates (transition period 2017-2018, then annual periods 2018-2022, then gazette-notice rates from 2023 onwards)","Tiered payment structure distinguishing between grapes grown by the winemaker versus grapes purchased from others","Nested definitions: 'prescribed period' refers to 'prescribed transition period' and incorporates legacy periods from revoked regulations","Conditional refund rules with varying time limits (12 months for periods up to 2021, 6 months thereafter)","Ministerial discretion to vary rates by Gazette notice with prospective-only application (subregulation 5(5b))","Record-keeping and reporting obligations imposed on winemakers with specific formatting requirements","Cross-reference to parent Act (Primary Industry Funding Schemes Act 1998) for broader administrative framework"],"plain_english_summary":"This legislation sets up a **mandatory levy system** (called a \"fund\") for the McLaren Vale wine region in South Australia. It requires **grape growers** and **winemakers** to pay money into a central fund based on how many tonnes of grapes they grow or process.\n\n**Who pays what:**\n- **Growers** pay a set amount per tonne of grapes sold to winemakers (starting at $8.30, rising over time)\n- **Winemakers** pay a set amount per tonne they process (starting at $11.00, rising over time)\n- If a winemaker grows their own grapes, they pay the combined amount\n- There's a **cap** on how much any single person must pay per year (starting at $31,500)\n\n**How it works:**\n- Winemakers collect the grower's share when they buy grapes, then pay both shares to the government\n- Payments are due monthly after each 12-month period ending 31 May\n- People can claim **refunds** within a set time if they change their mind or overpaid\n\n**Where the money goes:**\nThe fund supports the McLaren Vale wine industry through:\n- Paying a representative body (like a growers' and winemakers' association) for running costs, marketing, research, and industry cooperation programs\n- Other industry benefits\n- Admin costs\n- Refunding contributions\n\n**Key rules:**\n- Winemakers must keep detailed records and submit annual financial statements\n- People who don't pay their contributions can be **excluded from receiving fund benefits**\n- False or misleading statements attract a **$5,000 fine**\n- The Minister can adjust contribution rates for years after 2022 by publishing a notice\n\n**Why it matters:**\nThis is essentially a **self-taxation scheme** where the local wine industry funds its own marketing, research, and coordination. It replaced similar 2003 regulations and includes transitional rules for payments owed under the old system."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not retrievable. No comparison between original intent and final form is possible based on the available content."},"complexity_factors":["Actual legislative text was unavailable — only a website error page was returned","Complexity cannot be meaningfully assessed without the substantive content","Score of 2 reflects the typically narrow and technical (but not especially complex) nature of primary industry levy regulations of this type","Industry funding scheme regulations generally involve a defined levy formula, a geographic boundary, and an administrative body — moderately straightforward in structure"],"plain_english_summary":"This regulation appears to establish a dedicated funding scheme for the McLaren Vale wine industry, likely requiring grape growers and/or winemakers in the region to pay a levy that is pooled into an industry fund. Collected money would be used for collective benefits such as regional promotion, research, biosecurity, and pest or disease management.\n\nThe actual legislative text wasn’t retrieved here, so this summary is inferential; consult the statute for definitive obligations."},"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-mclaren-vale-wine-industry-fund-regulations-2017","history":"/api/acts/primary-industry-funding-schemes-mclaren-vale-wine-industry-fund-regulations-2017/history","analysis":"/api/acts/primary-industry-funding-schemes-mclaren-vale-wine-industry-fund-regulations-2017/analysis","conflicts":"/api/acts/primary-industry-funding-schemes-mclaren-vale-wine-industry-fund-regulations-2017/conflicts","importantCases":"/api/acts/primary-industry-funding-schemes-mclaren-vale-wine-industry-fund-regulations-2017/important-cases","documents":"/api/acts/primary-industry-funding-schemes-mclaren-vale-wine-industry-fund-regulations-2017/documents"}}