{"id":"primary-industry-funding-schemes-sa-grape-growers-industry-fund-regulations-2021","name":"Primary Industry Funding Schemes (SA Grape Growers Industry Fund) Regulations 2021","slug":"primary-industry-funding-schemes-sa-grape-growers-industry-fund-regulations-2021","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":236750,"registerId":"sa-primary-industry-funding-schemes-sa-grape-growers-industry-fund-regulations-2021-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Primary Industry Funding Schemes (SA Grape Growers Industry Fund) Regulations 2021","content":"South Australia\nPrimary Industry Funding Schemes (SA Grape Growers Industry Fund) Regulations 2021\nunder the Primary Industry Funding Schemes Act 1998\n\nContents\n1\tShort title\n3\tInterpretation\n4\tSouth Australian Grape Growers Industry Fund\n5\tContributions to Fund\n6\tRefunds of contributions\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\nSchedule 1—Transitional provisions\nPart 2—Transitional provisions\n2\tTransitional provisions\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Primary Industry Funding Schemes (SA Grape Growers Industry Fund) Regulations 2021.\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;\nprescribed period means each of the following periods:\n\t(a)\ta prescribed period within the meaning of the revoked regulations (up to and including the period of 12 months commencing on 1 June 2021);\n\t(b)\tthe period of 12 months commencing on 1 June 2022 or on 1 June in any subsequent year;\nrevoked regulations means the Primary Industry Funding Schemes (SA Grape Growers Industry Fund) Regulations 2007;\nSA grape grower means a person who grows SA grapes and who is not an SA winemaker;\nSA grapes means any variety of grapes grown in this State and used or intended to be used for wine;\nSA winemaker means a person who carries on a business of making wine and who processes SA grapes for that purpose.\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 under these or the revoked regulations have not been paid; or\n\t(b)\tthe person has been refunded contributions from the Fund under these or the revoked regulations.\n\t(3)\tFor the purposes of these regulations, grapes will be taken to be delivered to a winemaker when the winemaker takes possession of the grapes.\n4—South Australian Grape Growers Industry Fund\n\t(1)\tThe South Australian Grape Growers 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)\tthe amount held in the Fund at the commencement of these regulations; and\n\t(b)\tcontributions paid or collected in accordance with the revoked regulations; and\n\t(c)\tcontributions paid or collected in accordance with these regulations; and\n\t(d)\tincome of the Fund from investment; and\n\t(e)\tany other sums received by the Minister for payment into the Fund.\n5—Contributions to Fund\n\t(1)\tSubject to these regulations, an SA grape grower must, in respect of each prescribed period commencing on or after 1 June 2022, pay to the Minister (for payment into the Fund) the amount fixed for the prescribed period by the Minister, by notice in the Gazette, for each tonne of SA grapes delivered to an SA winemaker during the prescribed period.\n\t(2)\tThe contributions in respect of a prescribed period are payable on or before the last day of the month that immediately follows the prescribed period.\n\t(3)\tContributions payable by an SA grape grower must be paid on behalf of the grower by the SA winemaker who purchases the grapes out of the amount payable by the winemaker to the grower for the grapes.\n\t(4)\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 subregulation (1) in respect of the prescribed period.\n\t(5)\tIf the Minister varies an amount payable under subregulation (1) in respect of a prescribed period after the commencement of the 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)\tAn SA winemaker must—\n\t(a)\tkeep proper records relating to the tonnage of SA grapes delivered to the winemaker, the growers of those grapes and the contributions required to be made 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)\tAn SA winemaker must, on or before the last day of the month that immediately follows a prescribed period—\n\t(a)\tfurnish the Minister with a financial statement relating to the contributions payable for SA 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 financial statement required by paragraph (a), the required contributions on behalf of SA grape growers for SA grapes delivered during the prescribed period to which the financial statement relates.\n6—Refunds of contributions\n\t(1)\tRefunds of contributions paid under these regulations on behalf of a grower in respect of SA grapes delivered during a prescribed period may be claimed by the grower by notice in writing to the Minister within the 6 months following that prescribed period.\n\t(2)\tA person claiming a refund under this regulation must supply the Minister with evidence acceptable to the Minister of the contributions made by or on behalf of the claimant in respect of which the claim for refund is made.\n\t(3)\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(4)\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.\n7—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 SA grape growers for 1 or more of the following purposes:\n\t(i)\tthe reasonable operating and management expenses of the body;\n\t(ii)\tpromoting SA grape growers;\n\t(iii)\tundertaking or facilitating research and development, or the collection and dissemination to SA winemakers and SA grape growers of information, relevant to SA grape growers and, in particular, to the improvement of industry practices;\n\t(iv)\tfees for affiliation of the body with regional, State or national bodies representing or promoting the interests of grape growers;\n\t(v)\tprograms designed to encourage communication and cooperation between SA winemakers and SA grape growers;\n\t(vi)\tother purposes of the body;\n\t(b)\tpayments for other purposes for the benefit of SA grape growers;\n\t(c)\tpayment of the expenses of administering the Fund;\n\t(d)\tpayments to the Consolidated Account or a special deposit account established under section 8 of the Public Finance and Audit Act 1987 of amounts in accordance with an agreement entered into between the Minister and a body to which payments may be made under paragraph (a), being repayments of an amount advanced to that body under the agreement;\n\t(e)\trepayment of contributions to the Fund under regulation 6.\n8—Exchange of information\nThe Minister may provide a body to which payments are made out of the Fund under regulation 7(a) with information identifying growers of SA grapes and SA 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.\n10—False or misleading statements\nA person must not make a statement that is false or misleading in a material particular (whether by reason of the inclusion or omission of any particular) in any information provided, or record kept, for the purposes of these regulations.\nMaximum penalty: $5 000.\nSchedule 1—Transitional provisions\nPart 2—Transitional provisions\n2—Transitional provisions\n\t(1)\tSubject to this clause, the revoked regulations, as in force immediately before their revocation under clause 1 of this Schedule, continue to operate in respect of the prescribed period under the revoked regulations that commenced on 1 June 2021 (the transitional prescribed period).\n\t(2)\tThe Minister may, by notice in the Gazette published before the date for payment of contributions for the transitional prescribed period, vary an amount fixed under regulation 5 of the revoked regulations in respect of that period.\n\t(3)\tThe period within which a person may claim a refund in respect of contributions paid into the Fund for the transitional prescribed period under regulation 6 of the revoked regulations is modified to be the period of 6 months following the transitional prescribed period.\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.\nLegislation revoked by principal regulations\nThe Primary Industry Funding Schemes (SA Grape Growers Industry Fund) Regulations 2021 revoked the following:\nPrimary Industry Funding Schemes (SA Grape Growers Industry Fund) Regulations 2007\nPrincipal regulations and variations\nNew entries appear in bold.\nYear\nNo\nReference\nCommencement\n2021\n128\nGazette 2.9.2021 p3453 \n2.9.2021: r 2\n2023\n17\nGazette 30.3.2023 p631\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\n30.3.2023\nr 3\n\n\nr 3(1)\n\n\nprescribed period\namended by 17/2023 r 3\n30.3.2023\nSch 2\n\n\nPt 1\nomitted under Legislation Revision and Publication Act 2002\n30.3.2023\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulations continue the Fund established under the revoked regulations (reg 4(1)) and preserve the Fund’s composition (reg 4(3)) and listed purposes (reg 7). They set an ongoing contribution mechanism (reg 5) and include transitional rules for the 1 June 2021 prescribed period (Schedule 1). On the face of the text, the instrument continues the prior scheme’s scope rather than expanding or narrowing beneficiary classes or the core levy mechanism."},"complexity_factors":["Ministerial discretion to fix and vary the per‑tonne contribution by Gazette (reg 5(1), 5(4)–(5)) increases administrative variability.","Collection mechanics split legal payor and collector: growers pay but winemakers must withhold and remit contributions (reg 5(1), 5(3), 5(7)).","Record‑keeping and reporting obligations on winemakers with inspection powers raise compliance burden (reg 5(6)–(7)).","Refund procedure requires claimant evidence and calculates interest to the date of lodgment (reg 6).","Information sharing of identities to funded bodies creates privacy and information‑use considerations (reg 8).","Default rules bar access to Fund benefits for specified prior non‑payment or refunds (reg 3(2), r 9).","Penalty for false or misleading statements imposes an enforcement lever (reg 10).","Interaction with the revoked 2007 regulations and transitional provisions adds legal continuity and temporal complexity (reg 4(1), Sch 1 Pt 2)."],"plain_english_summary":"These regulations continue the South Australian Grape Growers Industry Fund. SA grape growers must pay a per‑tonne contribution for each prescribed period; SA winemakers collect and remit the contribution, and the Minister fixes or varies the rate by notice in the Gazette and administers the Fund.\n\nFund money may be used for payments to grower representative bodies, research and development, promotion, administrative costs and refunds. Winemakers must keep tonnage records and provide statements; growers who default are excluded from direct Fund benefits."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation maintains the same scope as the revoked 2007 regulations. It continues the existing Fund with identical purposes—industry levies for grape grower representation and research. The 2021 version is essentially a re-enactment with updated dates and minor administrative refinements (such as the 6-month refund window and clearer transitional arrangements). No expansion of scope or new stakeholder groups have been added."},"complexity_factors":["Short length (10 substantive regulations plus schedule)","Minimal cross-referencing (primarily references to the parent Act and revoked regulations)","Straightforward defined terms (6 key definitions in regulation 3)","Simple conditional logic (mainly timing rules for payments and refunds)","Single transitional provision dealing with the 2021-2022 period","No nested exceptions or complex deeming provisions beyond basic delivery definitions"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set up a **mandatory levy system** for South Australian grape growers. If you grow grapes in SA for wine production, you must pay a contribution (a fee) into the **South Australian Grape Growers Industry Fund** for every tonne of grapes you sell to a winemaker.\n\n**Who it affects:**\n\n*   **SA grape growers**: Anyone growing grapes in South Australia for wine (but not winemakers who grow their own grapes).\n*   **SA winemakers**: They act as the collection agents—they deduct the contribution from what they pay growers and pass it on to the Minister.\n*   **Industry bodies**: Organisations representing grape growers can receive funding from the Fund for research, promotion, and running costs.\n\n**How it works:**\n\n*   Contributions are set by the Minister each year (published in the Gazette) and are paid per tonne of grapes delivered.\n*   Winemakers handle the paperwork and payment on behalf of growers.\n*   Growers can claim **refunds** within 6 months if they meet certain conditions, plus interest.\n*   The Fund is used for industry promotion, research, administration, and supporting grower representative bodies.\n*   **Penalty**: Making false or misleading statements can result in a fine of up to $5,000.\n*   **Consequence for non-payment**: If you don't pay (or claim a refund improperly), you're barred from receiving direct benefits from the Fund for 2 years.\n\n**Why it matters:**\n\nThis creates a **self-funding mechanism** for the grape growing industry. Growers collectively contribute to support their own industry body, research, and marketing—similar to how many agricultural industries fund their peak bodies. It ensures the industry has resources to advocate for growers and improve practices, but participation is mandatory rather than voluntary."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Insufficient data to assess whether scope changed from original intent. The legislation text could not be retrieved. Based on the title, the regulation appears narrowly focused on establishing a grape growers industry fund under the Primary Industry Funding Schemes Act 1998 (SA), which is consistent with its stated purpose. No evidence of scope expansion or contraction can be determined."},"complexity_factors":["Legislation text was completely inaccessible — only a 'Page Not Found' error was returned, making meaningful analysis impossible","Based on title and parent Act alone, these types of regulations are typically straightforward subordinate legislation with narrow, industry-specific scope","Primary Industry Funding Schemes regulations in SA generally follow a standard template, reducing inherent complexity","No cross-jurisdictional issues apparent from the title","Score reflects the typical simplicity of this regulation type, not a full assessment of actual content"],"plain_english_summary":"Likely establishes a dedicated funding pool for South Australian grape growers and authorises a compulsory levy (usually tied to production or sales) to finance industry activities. \n\nIt would affect SA grape growers (payers/beneficiaries), buyers/processors (who may collect levies), and industry bodies that administer spending on research, marketing, biosecurity and representation — directly influencing growers’ costs and collective resources."},"issue_detection":{"absurdities":[],"contradictions":[]},"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-sa-grape-growers-industry-fund-regulations-2021","history":"/api/acts/primary-industry-funding-schemes-sa-grape-growers-industry-fund-regulations-2021/history","analysis":"/api/acts/primary-industry-funding-schemes-sa-grape-growers-industry-fund-regulations-2021/analysis","conflicts":"/api/acts/primary-industry-funding-schemes-sa-grape-growers-industry-fund-regulations-2021/conflicts","importantCases":"/api/acts/primary-industry-funding-schemes-sa-grape-growers-industry-fund-regulations-2021/important-cases","documents":"/api/acts/primary-industry-funding-schemes-sa-grape-growers-industry-fund-regulations-2021/documents"}}