{"id":"primary-industry-funding-schemes-pig-industry-fund-regulations-2016","name":"Primary Industry Funding Schemes (Pig Industry Fund) Regulations 2016","slug":"primary-industry-funding-schemes-pig-industry-fund-regulations-2016","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":236740,"registerId":"sa-primary-industry-funding-schemes-pig-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 (Pig Industry Fund) Regulations 2016","content":"South Australia\nPrimary Industry Funding Schemes (Pig Industry Fund) Regulations 2016\nunder the Primary Industry Funding Schemes Act 1998\n\nContents\n1\tShort title\n2\tCommencement\n3\tInterpretation\n4\tPig Industry Fund\n5\tContributions to Fund\n6\tApplication of Fund\n7\tFalse or misleading statements\nSchedule 1—Revocation of Primary Industry Funding Schemes (Pig Industry Fund) Regulations 2001\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Primary Industry Funding Schemes (Pig Industry Fund) Regulations 2016.\n2—Commencement\nThese regulations come into operation on the day on which they are made.\n3—Interpretation\nIn these regulations, unless the contrary intention appears—\nAct means the Primary Industry Funding Schemes Act 1998;\nChief Inspector means the Chief Inspector appointed under the Livestock Act 1997;\ncollection agent means—\n\t(a)\tfor a pig that is sold by a stock agent—the stock agent; or\n\t(b)\tfor a pig that is sold to a person who operates an abattoir by a person other than a stock agent—the person who operates the abattoir;\nFund—see regulation 4;\ninspector means an inspector appointed under the Livestock Act 1997;\nowner of a pig does not include a mortgagee not in possession;\npig producer means a person who carries on a business involving keeping pigs;\nprescribed period means—\n\t(a)\tin respect of contributions paid on behalf of a pig producer by a collection agent—each calendar month;\n\t(b)\tin respect of contributions paid directly by a pig producer—each quarter;\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 (Pig Industry Fund) Regulations 2001.\n4—Pig Industry Fund\n\t(1)\tThe South Australian Pig Industry Fund (the Fund), established under the revoked regulations, continues.\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)\tincome of the Fund from investment; and\n\t(c)\tany other sums received by the Minister for payment into the Fund.\n5—Contributions to Fund\n\t(1)\tSubject to subregulation (2), a pig producer must pay to the Minister for payment into the Fund a contribution of 20 cents per pig sold for $20 or more by the producer (whether within or outside this State).\n\t(2)\tIf there is a collection agent in respect of the pig, the collection agent must pay the contribution on behalf of the pig producer.\n\t(3)\tThe relevant collection agent or, in respect of a pig for which there is no collection agent, the pig producer must—\n\t(a)\tkeep proper records relating to pigs sold by the person (either as principal or agent) or to the person (as the case requires) and the contributions required to be made in respect of those pigs; 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(4)\tThe relevant collection agent or, in the case of a pig for which there is no collection agent, the pig producer must—\n\t(a)\twithin 14 days after the end of each prescribed period, furnish the Minister with a financial statement relating to the contributions arising from the sale of pigs by the person (either as principal or agent) or to the person (as the case requires) during that 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)\treceive and forward to the Minister, with the periodic financial statement required by paragraph (a), the required contributions for pigs sold by the producer during the period to which the financial statement relates.\n\t(5)\tA pig producer may, by notice in writing to the Minister, within the 12 months following a financial year in respect of which contributions have been paid by or on behalf of the producer, make a claim for a refund in respect of those contributions.\n\t(6)\tA pig producer claiming a refund under subregulation (5) must supply the Minister with—\n\t(a)\tevidence acceptable to the Minister of the number of pigs sold by the producer for which contributions have (to the best of the pig producer's knowledge and belief) been paid and in respect of which a claim for refund is made; and\n\t(b)\tverification of that evidence in the form of a statutory declaration.\n\t(7)\tIf the pig producer satisfies the Minister that the producer is entitled to a refund, the Minister must pay to the producer an amount determined in accordance with the following formula:\n\nwhere—\nR is the total amount of the refund;\nCt is the total amount of contributions paid during the financial year immediately preceding the financial year in which the producer claims the refund in respect of pigs sold by the producer;\nC1 is the contribution paid during the first quarter of that financial year in respect of pigs sold by the producer;\nC2 is the contribution paid during the second quarter of that financial year in respect of pigs sold by the producer;\nC3 is the contribution paid during the third quarter of that financial year in respect of pigs sold by the producer;\nC4 is the contribution paid during the fourth quarter of that financial year in respect of pigs sold by the producer;\nI is the annual short term interest rate for that financial year (as published by the Reserve Bank of Australia) expressed as a percentage.\n6—Application of Fund\n\t(1)\tSubject to this regulation, the Fund may be applied by the Minister for any of the following purposes:\n\t(a)\tcarrying out research, or investigative or other programs, relating to pigs, pig products or any other aspect of the pig industry recommended to the Minister by a body—\n\t(i)\tthat, in the opinion of the Minister, represents the pig industry; and\n\t(ii)\tthat has a membership base comprised predominantly of pig producers who are not in default in relation to contributions to the Fund;\n\t(b)\trepayment of contributions to the Fund under regulation 5;\n\t(c)\tpayments to a body that, in the opinion of the Minister, represents pig producers for 1 or more of the following purposes:\n\t(i)\tpromoting the pig industry;\n\t(ii)\tcarrying out programs to investigate health problems in pigs;\n\t(iii)\tcarrying out or facilitating any other research and development, or collecting and disseminating information to pig producers, in relation to the improvement of practices in the pig industry or any other aspect of the pig industry;\n\t(iv)\tfees for affiliation of the body with regional, State or national bodies representing or promoting the interests of the pig producers;\n\t(v)\tparticipation of the body in regional, State or national pig industry forums;\n\t(vi)\tthe reasonable operating and management expenses of the body;\n\t(vii)\tother purposes of the body;\n\t(d)\tpayment of the expenses of administering the Fund.\n\t(2)\tThe Fund must not be applied for the purpose of subregulation (1)(c)(ii) if another funding source is available for that purpose.\n\t(3)\tA person who is in default in relation to contributions to the Fund may not receive direct benefits or services funded by payments from the Fund.\n\t(4)\tFor the purposes of this regulation, a pig producer will be in default in relation to contributions to the Fund if, within the immediately preceding 5 financial years—\n\t(a)\tall or some of the contributions payable to the Fund in respect of pigs sold by the producer have not been paid; or\n\t(b)\tthe producer has been refunded contributions from the Fund.\n\t(5)\tThe Minister may provide a body referred to in this regulation with information identifying pig producers who have paid or been refunded contributions under these regulations or the revoked regulations.\n7—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 information provided, or record kept, for the purposes of these regulations.\nMaximum penalty: $5 000.\nSchedule 1—Revocation of Primary Industry Funding Schemes (Pig Industry Fund) Regulations 2001\nThe Primary Industry Funding Schemes (Pig Industry Fund) Regulations 2001 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\n2016\n216\nGazette 1.9.2016 p3639 \n1.9.2016: r 2\n","sortOrder":0}],"analysis":{"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"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation maintains the original scope of establishing and administering a pig industry levy fund. The 2016 regulations are a direct replacement of the 2001 regulations with substantially identical purpose and structure—continuing the existing fund rather than expanding its remit. The refund mechanism and default provisions were present in the predecessor regime."},"complexity_factors":["Mathematical refund formula in regulation 5(7) with 6 defined variables including Reserve Bank interest rates","Nested conditional logic: collection agent vs. direct payment pathways with different reporting periods (monthly vs. quarterly)","5-year lookback period for default status with two alternative triggering conditions (non-payment OR refund receipt)","Dual-purpose revocation (Schedule 1) and continuation (regulation 4) of predecessor regulations","Cross-reference dependency on Primary Industry Funding Schemes Act 1998 and Livestock Act 1997 for administrative framework","13 defined terms in interpretation section, including exclusionary definition ('owner does not include mortgagee not in possession')"],"plain_english_summary":"This legislation sets up a **mandatory levy system for South Australian pig farmers** to fund industry research, promotion, and support services.\n\n**Who pays:**\n- **Pig producers** (people who run pig farming businesses) must pay **20 cents for every pig sold for $20 or more**\n- If a **stock agent** sells the pig, or if the pig goes to an **abattoir** (slaughterhouse), those businesses collect the money on the farmer's behalf and pass it to the government\n\n**What the money is used for:**\nThe Pig Industry Fund supports:\n- Research into pigs, pig products, and farming practices\n- Promoting the South Australian pig industry\n- Health programs for pigs\n- Industry body operating costs and membership fees\n- Administering the fund itself\n\n**Key rules:**\n- Collection agents (stock agents/abattoirs) must submit monthly reports; farmers paying directly submit quarterly reports\n- Farmers can **claim a refund** within 12 months after the financial year ends, with interest calculated using a specific formula\n- Farmers who haven't paid their contributions (or who got a refund) in the past 5 years **cannot receive direct benefits** from the fund\n- Keeping false records or making misleading statements carries a **$5,000 fine**\n\n**Why it matters:**\nThis is essentially a **self-funding mechanism** where pig farmers collectively pay into a pool that benefits their industry as a whole—similar to how many agricultural levies work across Australia. It ensures the industry can invest in its own future without relying entirely on government funding."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope assessment is not possible as the legislative text was unavailable. No determination can be made about whether the regulation's scope changed from its original intent."},"complexity_factors":["No legislative text was retrievable — the source URL returned a 404 Page Not Found error","Analysis is based solely on the title of the instrument, not its actual provisions","Complexity cannot be meaningfully assessed without access to the document's content","Regulations of this type are generally low-to-moderate complexity, but this cannot be confirmed"],"plain_english_summary":"The regulation sets up a South Australian funding scheme for the pig industry, collecting levies from pig producers/processors and pooling those funds for industry uses like research, disease control, marketing and development. It affects South Australian pig farmers, processors and industry bodies by determining levy obligations, timing and how collected money can be spent—directly impacting costs and industry support."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulations expressly continue the South Australian Pig Industry Fund established under the revoked 2001 regulations (reg 4(1); Schedule 1) and set the contribution rate, collection mechanics, permitted uses, refund process and compliance rules. On their face they replace the 2001 instrument rather than broaden the statutory objects beyond the matters set out here (contributions, administration, uses and enforcement)."},"complexity_factors":["Multiple actors and decision‑points: pig producers, collection agents, the Minister and authorised inspectors all have distinct roles and responsibilities (defs; regs 5(2)–(4); 6(1); 4(2)).","Differing payment/reporting cycles: collection agents report monthly while direct‑paying producers report quarterly (defs 'prescribed period'; reg 5(4)).","Recordkeeping and inspection obligations: providers must keep records and make them available for Ministerial inspection (reg 5(3)).","Refund procedure and verification: 12‑month refund window, evidence plus statutory declaration required, and a prorated refund formula referencing quarterly contributions and the RBA short‑term interest rate (regs 5(5)–(7)).","Ministerial discretion over recipients: the Minister decides which bodies 'represent' the industry and may share producer payment/refund data with such bodies (reg 6(1)(a),(c); 6(5)).","Restrictions on use and eligibility: funds may not be used for specified purposes if another source exists; producers in defined 'default' over the prior five years are barred from direct benefits (regs 6(2)–(4)).","Penalty for false or misleading statements: monetary maximum penalty applies to false information provided under the scheme (reg 7).","Revocation and continuity: the instrument revokes the 2001 regulations but continues the existing Fund, creating a replacement regulatory text to govern the same scheme (reg 4(1); Schedule 1)."],"plain_english_summary":"These regulations continue the South Australian Pig Industry Fund and impose a levy of 20 cents on each pig sold for $20 or more, payable by the pig producer or, where applicable, the collection agent (stock agent or abattoir operator). The Minister administers the Fund and may use it for pig‑industry research, grants to representative bodies, refunds and administration; producers must keep records, submit periodic statements, may claim refunds within 12 months, and risk a penalty for false or misleading statements."}},"importantCases":[],"_links":{"self":"/api/acts/primary-industry-funding-schemes-pig-industry-fund-regulations-2016","history":"/api/acts/primary-industry-funding-schemes-pig-industry-fund-regulations-2016/history","analysis":"/api/acts/primary-industry-funding-schemes-pig-industry-fund-regulations-2016/analysis","conflicts":"/api/acts/primary-industry-funding-schemes-pig-industry-fund-regulations-2016/conflicts","importantCases":"/api/acts/primary-industry-funding-schemes-pig-industry-fund-regulations-2016/important-cases","documents":"/api/acts/primary-industry-funding-schemes-pig-industry-fund-regulations-2016/documents"}}