{"id":"primary-industry-funding-schemes-riverland-wine-industry-fund-regulations-2016","name":"Primary Industry Funding Schemes (Riverland Wine Industry Fund) Regulations 2016","slug":"primary-industry-funding-schemes-riverland-wine-industry-fund-regulations-2016","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":236744,"registerId":"sa-primary-industry-funding-schemes-riverland-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 (Riverland Wine Industry Fund) Regulations 2016","content":"South Australia\nPrimary Industry Funding Schemes (Riverland Wine Industry Fund) Regulations 2016\nunder the Primary Industry Funding Schemes Act 1998\n\nContents\n1\tShort title\n3\tInterpretation\n4\tRiverland Wine Industry Fund\n5\tContributions to Fund\n6\tRefunds\n7\tApplication of Fund\n8\tExchange of information\n9\tExclusion from benefits of person in default in relation to contributions\n10\tFalse or misleading statements\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Primary Industry Funding Schemes (Riverland 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;\ngrower association—see regulation 7(1)(b);\nindustry development association—see regulation 7(1)(a);\nindustry development contribution—see regulation 5(1)(a)(ii) and 5(1)(b)(ii);\nprescribed period means a period of 12 months commencing on 1 June in any year;\nrelevant day means the day on which the Primary Industry Funding Schemes (Riverland Wine Industry Fund) Variation Regulations 2017 came into operation;\nRiverland means—\n\t(a)\tthe areas (from time to time) of the following councils:\n\t(i)\tBerri Barmera Council;\n\t(ii)\tDistrict Council of Loxton Waikerie;\n\t(iii)\tRenmark Paringa Council;\n\t(iv)\tMid Murray Council (excluding the Hundred of Jellicoe);\n\t(v)\tRural City of Murray Bridge (excluding the Hundred of Brinkley);\n\t(b)\tthe Hundred of Katarapko;\n\t(c)\tthe County of Young;\n\t(d)\tthe County of Hamley;\nRiverland grapes means any variety of grapes grown in the Riverland and used or intended to be used for wine;\nRiverland grapes winemaker means a person who carries on a business of making wine and who processes Riverland grapes for that purpose (whether directly or through contracting another to do so and whether in or outside the State);\nwinemaker association—see regulation 7(1)(c);\nwinemaker contribution—see regulation 5(1)(b)(i).\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 Riverland grapes winemaker by a grower of Riverland grapes when the winemaker takes possession of the grapes; and\n\t(b)\tif a Riverland grapes winemaker processes Riverland 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—Riverland Wine Industry Fund\n\t(1)\tThe Riverland 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 (Riverland 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 Riverland grapes delivered to a Riverland grapes winemaker during the prescribed period commencing on 1 June 2017:\n\t(a)\tfor grapes delivered before the relevant day—\n\t(i)\tin the case of grapes grown by a person other than the winemaker—\n\t(A)\t0.5% of the amount payable to the grower by the winemaker for the grapes is payable by the grower of the grapes; and\n\t(B)\t35 cents is payable by the winemaker as an industry development contribution;\n\t(ii)\tin the case of grapes grown by the winemaker—\n\t(A)\t$1 is payable by the winemaker as a winemaker contribution; and\n\t(B)\t35 cents is payable by the winemaker as an industry development contribution;\n\t(b)\tfor grapes delivered on or after the relevant day—\n\t(i)\tin the case of grapes grown by a person other than the winemaker—\n\t(A)\t0.5% of the amount payable to the grower by the winemaker for the grapes is payable by the grower of the grapes; and\n\t(B)\t50 cents is payable by the winemaker as an industry development contribution;\n\t(ii)\tin the case of grapes grown by the winemaker—\n\t(A)\t$1 is payable by the winemaker as a winemaker contribution; and\n\t(B)\t50 cents is payable by the winemaker as an industry development contribution.\n\t(1a)\tThe following contributions are payable to the Minister for payment into the Fund for each tonne of Riverland grapes delivered to a Riverland grapes winemaker during the prescribed period commencing on 1 June 2018, and each subsequent prescribed period thereafter up to and including the prescribed period commencing on 1 June 2021:\n\t(a)\tin the case of grapes grown by a person other than the winemaker—\n\t(i)\t0.5% of the amount payable to the grower by the winemaker for the grapes is payable by the grower of the grapes; and\n\t(ii)\t50 cents is payable by the winemaker as an industry development contribution;\n\t(b)\tin the case of grapes grown by the winemaker—\n\t(i)\t$1 is payable by the winemaker as a winemaker contribution; and\n\t(ii)\t50 cents is payable by the winemaker as an industry development contribution.\n\t(1b)\tThe following contributions are payable to the Minister for payment into the Fund for each tonne of Riverland grapes delivered to a Riverland grapes winemaker during a prescribed period commencing on or after 1 June 2022:\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 as an industry development contribution;\n\t(b)\tin the case of grapes grown by the winemaker—\n\t(i)\tthe amount fixed for the period by the Minister, by notice in the Gazette, is payable by the winemaker as a winemaker contribution; and\n\t(ii)\tthe amount fixed for the period by the Minister, by notice in the Gazette, is payable by the winemaker as an industry development contribution.\n\t(2)\tThe contributions are payable on or before the last day of the month that immediately follows the end of each prescribed period.\n\t(3)\tContributions payable by a grower of Riverland grapes must be paid on behalf of the grower by the Riverland grapes winemaker who purchases the grapes out of the amount payable by the winemaker to the grower for the grapes.\n\t(3a)\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.\n\t(3b)\tIf the Minister varies an amount under subregulation (3a) 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(4)\tA Riverland grapes winemaker must—\n\t(a)\tkeep proper records enabling—\n\t(i)\tthe growers on whose behalf the winemaker must pay contributions to be identified; and\n\t(ii)\tthe tonnage of grapes delivered to the winemaker by each grower to be determined; and\n\t(iii)\tthe tonnage of grapes grown and processed by the winemaker to be determined; and\n\t(b)\tmake those records available for inspection at any reasonable time by a person authorised by the Minister for the purpose.\nMaximum penalty: $500.\n\t(5)\tA Riverland 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 Riverland 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 Riverland grapes delivered during the prescribed period to which the financial statement relates.\n6—Refunds\n\t(1)\tRefunds of contributions paid in respect of Riverland 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 Riverland grapes may claim a refund in respect of all or part of the contributions paid by a Riverland grapes winemaker on behalf of the grower;\n\t(b)\ta Riverland grapes winemaker may claim a refund in respect of all or part of the contributions paid on the winemaker's own behalf.\n\t(2)\tA Riverland grapes winemaker claiming a refund must specify whether the refund is sought for industry development contributions, winemaker contributions or both.\n\t(3)\tA person claiming a refund must supply the Minister with—\n\t(a)\tevidence acceptable to the Minister of the contributions paid by the claimant in respect of which the claim for refund is made; and\n\t(b)\tif the Minister so requires, verification of that evidence in the form of a statutory declaration.\n\t(4)\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(5)\tIn this regulation—\nofficial cash rate means the cash rate fixed by the Reserve Bank of Australia applying on the date of lodgment of the claim for the refund;\nrefund period means—\n\t(a)\tin respect of a prescribed period up to and including the prescribed period commencing on 1 June 2020—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.\n7—Application of Fund\n\t(1)\tThe Fund may be applied by the Minister for any of the following purposes:\n\t(a)\tpayments to a body (the industry development association) that, in the opinion of the Minister, represents both Riverland grapes winemakers and growers of Riverland grapes for 1 or more of the following purposes:\n\t(i)\tthe reasonable operating and management expenses of the body;\n\t(ii)\tpromoting the Riverland wine industry, including through wine shows, wine festivals or other wine industry forums or through tourism;\n\t(iii)\tundertaking or facilitating research and development, or the collection and dissemination to Riverland grapes winemakers and growers of Riverland grapes of information, relevant to the Riverland wine industry;\n\t(iv)\tparticipation of the body in regional, State or national wine industry forums;\n\t(v)\tprograms designed to encourage communication and cooperation between Riverland grapes winemakers and growers of Riverland grapes;\n\t(vi)\tother purposes of the body;\n\t(b)\tpayments to a body (the grower association) that, in the opinion of the Minister, represents growers of Riverland grapes 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 wine industry bodies;\n\t(iii)\trepresentation of growers of Riverland grapes in regional, State or national wine industry forums;\n\t(iv)\tthe provision of industry information to growers of Riverland grapes;\n\t(v)\tother purposes of the body;\n\t(c)\tpayments to a body (the winemaker association) that, in the opinion of the Minister, represents Riverland grapes winemakers 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 wine industry bodies;\n\t(iii)\trepresentation of Riverland grapes winemakers in regional, State or national wine industry forums;\n\t(iv)\tthe provision of industry information to Riverland grapes winemakers;\n\t(v)\tother purposes of the body;\n\t(d)\tpayments for other purposes for the benefit of the Riverland wine industry;\n\t(e)\tpayment of the expenses of administering the Fund;\n\t(f)\trefunds of contributions to the Fund given under these regulations.\n\t(2)\tSubject to the management plan for the Fund and the Minister being satisfied as to matters of probity, governance and performance in relation to the associations, it is intended that—\n\t(a)\tpayments to the industry development association will comprise—\n\t(i)\tan amount proportionate to the sum of the industry development contributions paid by Riverland grape winemakers; and\n\t(ii)\tan amount out of the contributions paid by growers of Riverland grapes under regulation 5 that matches the amount referred to in subparagraph (i); and\n\t(b)\tpayments to the grower association will be proportionate to the remaining contributions paid under regulation 5 by growers of Riverland grapes; and\n\t(c)\tpayments to the winemaker association will be proportionate to the winemaker contributions paid by Riverland grape winemakers; and\n\t(d)\tseparate ledgers will be kept in relation to amounts available for each of the associations taking into account anticipated refunds; and\n\t(e)\tin the event of insufficiency of funds for all associations, the industry development association will be afforded priority.\n8—Exchange of information\n\t(1)\tThe Minister may require an industry development association, grower association or winemaker association to provide the Minister with—\n\t(a)\ta copy of the financial statements of the association; and\n\t(b)\ta copy of the annual report of the association; and\n\t(c)\ta copy of any business plan of the association; and\n\t(d)\tany other information reasonably required for the purposes of these regulations.\n\t(2)\tThe Minister may provide an industry development association, grower association or winemaker association with information identifying growers of Riverland grapes and Riverland grape winemakers who have paid or been refunded contributions under these regulations.\n9—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 7(1)(d).\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.\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 (Riverland Wine Industry Fund) Regulations 2016 revoked the following:\nPrimary Industry Funding Schemes (Riverland Wine Industry Fund) Regulations 2001\nPrincipal regulations and variations\nNew entries appear in bold.\nYear\nNo\nReference\nCommencement\n2016\n206\nGazette 25.8.2016 p3490 \n1.9.2016: r 2\n2017\n332\nGazette 12.12.2017 p5013\n12.12.2017: r 2\n2021\n132\nGazette 2.9.2021 p3465\n2.9.2021: r 2\n2023\n16\nGazette 30.3.2023 p630\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\n12.12.2017\nr 3\n\n\nr 3(1)\n\n\nprescribed period\nvaried by 332/2017 r 4(1)\n12.12.2017\n\namended by 16/2023 r 3\n30.3.2023\nrelevant day\ninserted by 332/2017 r 4(2)\n12.12.2017\nr 5\n\n\nr 5(1)\nsubstituted by 332/2017 r 5(1)\n12.12.2017\nr 5(1a)\ninserted by 332/2017 r 5(1)\n12.12.2017\n\nvaried by 132/2021 r 4(1)\n2.9.2021\nr 5(1b)\ninserted by 132/2021 r 4(2)\n2.9.2021\nr 5(3)\nvaried by 332/2017 r 5(2)\n12.12.2017\nr 5(3a) and (3b)\ninserted by 132/2021 r 4(3)\n2.9.2021\nr 6\n\n\nr 6(1)\nvaried by 132/2021 r 5(1)\n2.9.2021\nr 6(5)\nvaried by 132/2021 r 5(2)\n2.9.2021\nrefund period\ninserted by 132/2021 r 5(3)\n2.9.2021\nr 7\n\n\nr 7(2)\nvaried by 332/2017 r 6(1), (2)\n12.12.2017\nSch 1\nomitted under Legislation Revision and Publication Act 2002\n12.12.2017\nHistorical versions\n12.12.2017\n\n2.9.2021\n\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation appears to maintain its original scope as a funding mechanism for the Riverland wine industry. While it has been amended multiple times (2017, 2021, 2023) to update contribution rates and refund periods, these changes represent adjustments to the operational parameters rather than expansion beyond the original purpose of establishing a compulsory levy system for industry development and representation."},"complexity_factors":["Multiple overlapping contribution formulas with different rates for different time periods (pre-2017, 2017-2018, 2018-2021, post-2022)","Complex defined term 'Riverland' involving 5 council areas plus specific exclusions (Hundred of Jellicoe, Hundred of Brinkley) and inclusions (Hundred of Katarapko, Counties of Young and Hamley)","Nested conditional logic in regulation 5 distinguishing between grapes grown by winemaker vs. third-party growers, and pre/post 'relevant day' dates","Delegated legislative power allowing Minister to set contribution amounts by Gazette notice from 2022 onwards (regulation 5(1b))","Cross-references between regulations for defined terms (e.g., 'industry development contribution' defined by reference to regulation 5(1)(a)(ii) and 5(1)(b)(ii))","Temporal complexity with varying refund periods (12 months for periods up to 2020, 6 months thereafter)"],"plain_english_summary":"This legislation sets up a compulsory levy system for the Riverland wine region in South Australia. Here's what it does:\n\n**Who pays:**\n- **Grape growers** in the Riverland region pay 0.5% of what they receive for their grapes\n- **Winemakers** pay a flat fee per tonne of grapes they process (either $1 for their own grapes, or 35-50 cents as an \"industry development contribution\" for grapes bought from growers)\n\n**How it works:**\n- The money goes into the \"Riverland Wine Industry Fund\" administered by the Minister\n- Winemakers collect the grower contributions when they buy grapes, then pass both their own and the growers' contributions to the government\n- From 2022 onwards, the Minister can set the contribution amounts by Gazette notice (published in the government newspaper)\n\n**Where the money goes:**\nThe Fund supports three industry bodies:\n- An **industry development association** representing both growers and winemakers (gets priority funding)\n- A **grower association** representing grape growers only\n- A **winemaker association** representing winemakers only\n\nMoney can also be used for general industry benefits, administering the Fund, and refunds.\n\n**Key protections:**\n- People who don't pay their contributions can be excluded from receiving benefits\n- False statements attract fines up to $5,000\n- Winemakers must keep detailed records and submit annual statements\n\n**Refunds:**\nGrowers and winemakers can claim refunds within 6-12 months (depending on the year), with interest paid at the Reserve Bank cash rate.\n\n**Why it matters:**\nThis ensures the Riverland wine industry has stable funding for marketing, research, industry representation, and cooperation between growers and winemakers—similar to how many agricultural industries fund their peak bodies."},"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"},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Unable to assess scope change — the legislative text was not accessible due to a website error. Based on the title, the regulations appear narrowly scoped to the Riverland wine industry as intended, consistent with similar South Australian primary industry funding scheme instruments. No evidence of scope expansion or contraction can be confirmed without access to the actual text."},"complexity_factors":["Legislation text was not retrievable — a 'Page Not Found' error was returned, so no actual provisions could be analysed","Based on title alone, the regulatory framework (primary industry levies) is generally straightforward in structure","Scope is narrow and industry-specific, limiting complexity","Parent Act (Primary Industry Funding Schemes Act 1998) provides a well-established template, suggesting regulations follow a predictable format","Complexity score is necessarily low given the absence of actual legislative text to assess"],"plain_english_summary":"These regulations create a dedicated Riverland Wine Industry Fund — a compulsory levy scheme under the Primary Industry Funding Schemes Act 1998 (SA) to pool money for collective industry uses like promotion, research and development. It principally affects grape growers, winemakers and relevant industry bodies in the Riverland region.\n\nNote: the original regulation text could not be retrieved; this summary is inferred from the title and framework of similar schemes and is not a substitute for the statute."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The regulations update the levy regime set out in the revoked 2001 rules by altering contribution amounts and timing across prescribed periods and by adding a permanent power for the Minister to fix levies by Gazette from 2022 (regs 5(1a), 5(1b), 5(3a)). Refund timing was reduced for later periods (reg 6(5)). The instrument therefore changes how levies are set and administered compared with the earlier regulations (reg 4(1); legislative history entries)."},"complexity_factors":["Tiered and time‑dependent levy structure with multiple subregimes for different prescribed periods and delivery dates (regs 5(1), 5(1a), 5(1b)).","Ministerial discretion to fix or vary levy amounts by Gazette and to apply variations mid‑period (regs 5(1b), 5(3a)–(3b)).","Multiple parties and accounts: growers, winemakers, and three types of associations with anticipated separate ledgers and priority rules (reg 7(1)–(2)(b)–(d)).","Administrative and compliance burdens on winemakers: collection on growers’ behalf, recordkeeping, inspection and periodic electronic financial statements (regs 5(3), 5(4)–(5)).","Refund mechanics and changing refund windows (claims, evidence, interest) create operational and cashflow considerations (reg 6(1)–(4), 6(5)).","Ministerial oversight powers to request association financial/business information and to share payer identities (reg 8(1)–(2)), introducing governance and privacy trade‑offs.","Enforcement layers: exclusion from benefits for defaulters and monetary penalties for record or statement offences (regs 9, 10; reg 5(4) penalty).","Continuity and legal layering with revoked 2001 regulations and subsequent variations, increasing interpretive complexity (reg 4(1); legislative history)."],"plain_english_summary":"These regulations impose per‑tonne levies on Riverland wine grapes, split between growers and winemakers, and require winemakers to collect and remit the levies to a Minister‑administered Riverland Wine Industry Fund (reg 5(1); reg 4(2)–(3)). The Fund pays industry bodies and industry‑related activities, sets refund rules and recordkeeping and reporting obligations for winemakers, and creates penalties for false or missing information (regs 7, 6, 5(4)–(5), 10). The Minister may vary levy rates by Gazette and require association financial information (regs 5(1b), 5(3a), 8(1))."}},"importantCases":[],"_links":{"self":"/api/acts/primary-industry-funding-schemes-riverland-wine-industry-fund-regulations-2016","history":"/api/acts/primary-industry-funding-schemes-riverland-wine-industry-fund-regulations-2016/history","analysis":"/api/acts/primary-industry-funding-schemes-riverland-wine-industry-fund-regulations-2016/analysis","conflicts":"/api/acts/primary-industry-funding-schemes-riverland-wine-industry-fund-regulations-2016/conflicts","importantCases":"/api/acts/primary-industry-funding-schemes-riverland-wine-industry-fund-regulations-2016/important-cases","documents":"/api/acts/primary-industry-funding-schemes-riverland-wine-industry-fund-regulations-2016/documents"}}