Biosecurity and Agriculture Management Industry Funding Scheme (Cattle) Regulations 2010

This Scheme pivots on a small set of legal and operational concepts defined in reg 3 and elaborated through Parts 2-5. Core concepts are the Account, the Industry Management Committee, participant classes, chargeable sales and contributions, approved programmes, specified pests and payments from the Account.

Account, Industry Management Committee. The Account is an agency special purpose account established under the Financial Management Act 2006 s 16, to be administered by the Director General in consultation with the Industry Management Committee (reg 6). The Industry Management Committee, the Cattle Industry Funding Scheme Management Committee, is established by reg 8 and its functions include advising the Director General on Account administration and exercising functions conferred in Part 4, including making recommendations to the Minister about areas and rates (reg 11).

Participant categories and opting out. The Regulations define participant status for each financial year. An owner who does not give an opt‑out notice for a financial year is a participant for that year; a participant may be a full participant, contributing participant or non‑participant depending on their opt‑out history and recent participation record (definitions in reg 3). Full participant status is consequential: it is a precondition for receiving payments from the Account in the year in which losses or costs are incurred (reg 22(1)). Owners may opt out for a financial year by complying with the notice windows and form requirements in reg 16.

Chargeable sale and contribution mechanics. A chargeable sale is defined in reg 3 and captures sales of live cattle located on property within an area of operation or removed from such a property for sale, and sales of carcasses removed from property within an area of operation for slaughter. Owners completing chargeable sales must pay contributions under reg 14(1). The contribution rate is declared annually by Gazette notice (reg 13), may be a fixed sum or a percentage per head or per carcass (reg 13(2)), cannot vary between live cattle and carcasses, and is applied at the time the contract of sale is formed (reg 14(4)). The Regulations provide specific exemptions from double levying where an animal sold and then slaughtered and sold as a carcass within defined times is involved, subject to written statements containing particulars (reg 14(2), (3), and the notice/written statement requirements in reg 15).

Deduction, remittance and records. Processors and cattle agents are obliged to deduct contributions when making payments and to provide written statements to owners, and to remit deducted amounts monthly to the Director General with a statement, within 30 days after the end of each calendar month (reg 15(1)-(3)). Owners selling directly must pay and provide a statement within 14 days of the sale (reg 15(7)). Processors and agents must retain transaction records for at least five years and may be audited by an officer appointed by the Director General (reg 15(5)-(6)). Penalties of $20 000 apply to breaches of some of these obligations (reg 15).

Approved programmes and payments. The Industry Management Committee may approve programmes for controlling specified pests or advancing control measures; approvals must specify amounts and may designate particular pest control requirements, measures and research activities and impose terms and conditions (reg 18). The Director General may make payments from the Account towards approved programmes, for losses directly caused by specified pests or by measures taken to control them, and for costs of destroying infected or infested cattle, subject to approvals, specified caps and conditions (regs 19-21). Payments exclude indirect or consequential losses (reg 20(2)), are not available to persons who have not met contribution obligations or have been convicted of failing to report pest presence (reg 22(2)), and are conditional on compliance with forms, procedures and time limits set by the Industry Management Committee (reg 22(3)).

Specified pests. Schedule 1 lists three specified pests: tuberculosis (Mycobacterium tuberculosis), bovine Johne’s disease (Mycobacterium paratuberculosis) and enzootic bovine leucosis (bovine leucosis virus). The label “specified pest” means the declared pest is one of those three for the purposes of the Scheme (reg 3 and Schedule 1).

Governance and interaction with other instruments. The Scheme is integrated with the Biosecurity and Agriculture Management Act 2007 and its Regulations 2013 via references to pest control notices (Act s 31), management plans (Act s 45), the appointments committee and review panel under the BAM Regulations 2013 (reg 3), and an applicant’s right to request review under BAM Regulations 2013 reg 129F(2) (reg 22(5)). The Director General must invest Account balances in the same manner as public moneys in the Public Bank Account (reg 7). The Minister may amend or revoke geographic or rate declarations by Gazette notice on recommendation of the Industry Management Committee (reg 13(4)).

Primary financial burden and administrative duties fall on cattle owners, cattle processors and cattle agents, and secondary effects attach to the Director General, the Industry Management Committee, and government agencies with responsibility for biosecurity and pest control. Other participants and non‑owners can be affected because payments and eligibility rules may include persons who are not owners subject to strict conditions.

Owners. Every owner completing a chargeable sale is nominally obligated to pay the contribution under reg 14(1). Owners who sell directly without a processor or agent must themselves pay and lodge a statement to the Director General within 14 days (reg 15(7)). Owners may opt out for a financial year by giving notice within prescribed windows (reg 16). Opting out allows owners to avoid contributions for that year, but the definition of full participant demonstrates that frequent opt‑outs affect future eligibility for payments from the Account (definition of full participant in reg 3, and reg 22(1)). Owners who opt out may request refunds of contributions paid on their behalf for that specified year, provided they apply by 31 July following the end of the year and produce acceptable evidence (reg 17).

Cattle processors and cattle agents. Processors and agents are the primary collection points. When a chargeable sale is made to a processor, the processor must deduct the contribution from the chargeable payment to the owner and furnish a written statement to the owner (reg 15(1)). When sales are made through cattle agents, agents must similarly deduct on remittance to owners and provide a written statement (reg 15(2)). Both processors and agents must remit the amounts they have deducted monthly to the Director General within 30 days after the end of the calendar month, accompanied by a statement in a form required by the Director General (reg 15(3)). Processors and agents must keep transaction records for at least five years and are subject to audit by an appointed officer (reg 15(5)-(6)). Failure to comply attracts a penalty of up to $20 000 for the specified contraventions in reg 15.

Industry Management Committee and Minister. The Minister appoints between five and seven members to the Industry Management Committee after consulting the appointments committee (reg 9(1)). The Committee recommends area and rate declarations to the Minister (reg 13(1)), approves programmes and payments from the Account (regs 18-21), sets terms and conditions for payments and application procedures (reg 18(2), reg 22(3)), and must consult owners at least annually and produce annual reports (reg 11(2)-(4)). The Minister decides, by Gazette notice, the Scheme’s area(s) of operation and contribution rate(s) each financial year, and may amend or revoke declarations on the Committee’s recommendation (reg 13).

Director General and State agencies. The Director General administers and maintains the Account in consultation with the Industry Management Committee, invests Account funds until required, receives remittances from processors, agents and owners, makes payments out of the Account on Committee approval, may appoint officers to inspect records, and must notify applicants within three months of receipt of an application for payment as to the outcome (regs 6-7, 15(6), 19-22, 24-25).

Non‑owners and third parties. Payment rules permit payments to persons who are not owners only where the Industry Management Committee is satisfied it is in the best interests of participants and, from 2023 amendment, only if the person has paid contributions under the Scheme (reg 20(3); reg 22(1A)). Persons other than owners may thus receive funding, but only on defined conditions.

Other affected groups. Public authorities and organisations that implement the Scheme, incur compliance expenses or are otherwise affected are part of the Minister’s consultation sphere when considering whether to extend the Scheme beyond its initial termination date (reg 27(2)). The Regulations also interact with other regulatory bodies under the Biosecurity and Agriculture Management Act 2007 and its Regulations 2013, because eligibility for payment can be disqualified by conviction for failing to report pest presence under any written law (reg 22(2)(b)).

In short, the Scheme structures a levy collection and distribution chain where owners are the ultimate contributors; processors and agents are obliged to collect and remit; the Director General administers the funds; and the Industry Management Committee governs expenditure and makes recommendations to the Minister about scope and rates. Eligibility for benefits is tied to participation status and compliance with pest control duties.

The Regulations allocate particular statutory duties, conditional rights to receive payments and procedural rights to review decisions. The key duties fall on owners, processors/agents, the Director General and the Industry Management Committee; rights include opting out, refund claims, applications for payments and review of decisions.

Owners , duties and rights. Owners who complete a chargeable sale must pay the contribution under reg 14(1). If the owner opts out of the Scheme for a financial year they have the right to request a refund of any contribution paid on their behalf for that year by notice to the Director General before 31 July following the end of the specified financial year, with supporting evidence acceptable to the Director General (reg 17). Owners have the right to apply for payments from the Account under regs 19-21, subject to the terms and conditions the Industry Management Committee imposes and to eligibility (reg 22(3)). Owners who wish to opt out must give the Director General notice within specified windows (reg 16).

Cattle processors and cattle agents , collection and remittance duties. Processors must deduct the contribution from the chargeable payment when purchasing from an owner and provide the owner with a written statement in the form required by the Director General (reg 15(1)). Where sales are through cattle agents, the agent must deduct when remitting to the owner and provide a written statement (reg 15(2)). Both processors and agents must remit deductions to the Director General within 30 days after the end of each calendar month and provide required statements (reg 15(3)). They must maintain transaction records for at least five years and make them available for inspection by an officer appointed by the Director General (reg 15(5)-(6)). Penalties of up to $20 000 attach to certain breaches (reg 15).

Director General , administration and investment duties. The Director General must maintain and administer the Account in consultation with the Industry Management Committee (reg 6(2)). The Director General is authorised to invest Account balances in the same manner as public moneys in the Public Bank Account (reg 7). The Director General receives remittances, processes payments out of the Account in accordance with Industry Management Committee approvals and regulations, appoints officers for inspection and audit purposes (reg 15(6)), and must notify applicants for payments of the outcome within three months (reg 22(4)). The Director General must also credit interest from investments to the Account (reg 7).

Industry Management Committee , governance and approval functions. The Committee is required to advise the Director General on Account administration and to exercise functions conferred in Part 4, including recommending to the Minister the area(s) of operation and contribution rate(s) for each financial year (regs 11 and 13). The Committee may approve programmes for pest control and may specify amounts, bases for payment, and terms and conditions for those approvals (reg 18). It must consult owners at least annually and report annually on the operation and effectiveness of the Scheme, and make those reports available to participants (reg 11(2)-(4)). The Committee specifies application procedures and may make payments conditional on recipients undertaking stated control measures (regs 18(2)(c), 20(5)(b), 21(4)(b), 22(3)).

Payment eligibility and limits. Payments towards approved programme costs, compensation for losses directly caused by specified pests or control measures, and payments for costs of destroying cattle are subject to the Committee’s approval and terms. Payments cannot exceed the amount specified in an approval (reg 19(2)), cannot compensate for indirect or consequential loss (reg 20(2)), and are not to be made to owners who are not full participants in the relevant financial year (reg 22(1)). Payments to non‑owners require the Committee’s satisfaction that the payment is in the best interests of participants (reg 20(3) and reg 21(2)).

Procedural rights. Applicants who are dissatisfied with the outcome of an application for a payment under regs 19-21 may request a review under the Biosecurity and Agriculture Management Regulations 2013 reg 129F(2) (reg 22(5)). The Director General must inform applicants within three months of an application’s result and grounds if payment is refused (reg 22(4)).

Offences affecting rights. A person convicted of failing to report the presence or suspected presence of a specified pest under a written law is barred from payments under reg 22(2)(b). A person who knowingly makes a false statement or is concerned in fraudulent acts to obtain pecuniary benefit under the Scheme commits an offence with a maximum fine of $20 000 (reg 29), which affects eligibility for Scheme benefits.

In sum, the regime imposes collection, reporting and recordkeeping duties on processors and agents, payment and reporting duties on owners selling directly, administrative and approval duties on the Industry Management Committee and the Director General, and embeds rights to opt out, claim refunds and seek review, all circumscribed by explicit eligibility and compliance conditions in the Regulations.

The Regulations identify specific civil penalties and criminal offences, authorise administrative enforcement tools, and impose recordkeeping and audit powers designed to ensure collection integrity and to restrict benefits to compliant participants.

Monetary penalties. Several contraventions in reg 15 attract fines of $20 000. Those provisions impose penalties for failure by a cattle processor to deduct and to give a written statement when making a chargeable payment (reg 15(1)), for failure by a cattle agent to deduct and provide a written statement when remitting to the owner (reg 15(2)), and for failure by processors and agents to remit to the Director General within 30 days after the end of the calendar month and to give the required statement (reg 15(3)). The Regulations also make it an offence under reg 29 for a person who knowingly makes a false statement or is concerned in any fraudulent act for the purpose of obtaining any pecuniary benefit under the Scheme; that offence carries a fine of $20 000.

Administrative enforcement mechanisms. The Director General may appoint an officer to inspect, examine and audit records and accounts kept by processors or agents under reg 15(6). The appointed officer can require production of records and the provision of information, and processors and agents must furnish such records and information. This audit power supports enforcement of deduction, remittance and recordkeeping obligations.

Disqualification from payments. The Regulations use eligibility rules as an enforcement lever. No payment under regs 19, 20 or 21 is to be made to an owner who is not a full participant for the financial year in which losses, costs or expenses are incurred (reg 22(1)). Reg 22(2) further bars payments to persons who have failed to pay contributions, who have been convicted of failing to report the presence or suspected presence of the specified pest under a written law, or who have failed to comply with a pest control requirement or with measures they have undertaken as a condition of payment. These provisions convert compliance failures into loss or exclusion of funding benefits.

Procedural timing and review. Reg 22(3) requires that applications for payments be made in the forms, procedures and time limits that the Industry Management Committee establishes. Reg 22(4) obliges the Director General to notify applicants within three months of receiving an application whether payment will be made, and to state whether the reason for refusal is the Committee’s non‑approval or another stated reason. Applicants dissatisfied with the outcome may request a review under the Biosecurity and Agriculture Management Regulations 2013 reg 129F(2) (reg 22(5)). Those review avenues provide procedural checks on administrative decisions, though the details of the review pathway lie in the BAM Regulations 2013.

Recordkeeping penalties by implication. The combination of mandatory five year record retention by processors and agents (reg 15(5)), audit powers (reg 15(6)), and the $20 000 penalty for specified breaches creates a compliance regime where failure to maintain records or to remit deductions can attract both administrative enforcement and exclusion from Scheme benefits.

Criminalisation of fraudulent behaviour. Reg 29 creates a standalone offence for knowingly making false statements or being concerned in fraudulent acts to obtain Scheme pecuniary benefits. The offence applies broadly to any person who seeks to obtain pecuniary advantage under the Scheme by deceit, not only to owners, and carries a $20 000 fine.

Limitations and practical enforcement. The Regulations do not prescribe an administrative penalty scale beyond the specified fines, nor do they prescribe automatic suspension mechanisms other than eligibility disqualifications. Enforcement relies on audits, prosecutions for offences, and exclusion from payments as an administrative sanction. The Director General, Industry Management Committee and Minister hold the practical tools to administer compliance via remittance obligations, record inspections, eligibility rules and the conditionality of payments.

These Regulations are designed to operate alongside the Biosecurity and Agriculture Management Act 2007, the Financial Management Act 2006, and the Biosecurity and Agriculture Management Regulations 2013. The interaction is explicit in several definitions and cross references that allocate primary regulatory functions between instruments.

Biosecurity and Agriculture Management Act 2007. The Regulations refer directly to pest control measures derived from the Act. The definition of pest control requirement in reg 3 explicitly incorporates directions given in a pest control notice under s 31 of the Act, obligations imposed by a management plan under s 45 of the Act, and obligations imposed by regulations made under the Act for pest control purposes (reg 3). Payments from the Account for losses or destruction of cattle are triggered where cattle are infected or infested with a specified pest or where actions or measures are taken under the Act to control a specified pest (regs 20(1) and 21(1)). The Regulations therefore supplement, and monetarily support, statutory pest control powers under the Act.

Financial Management Act 2006. The Account is an agency special purpose account established under the Financial Management Act 2006 s 16; investment of Account balances is to be in the same manner as public moneys in the Public Bank Account under Financial Management Act 2006 s 11 (reg 6(1); reg 7). This situates the Account within the State’s public finance framework and subjects it to the investment and reporting practices applicable to agency special purpose accounts.

Biosecurity and Agriculture Management Regulations 2013. The Regulations presuppose administrative and review structures established in the BAM Regulations 2013. They reference the appointments committee and the review panel established under BAM Regulations 2013 regs 129B(1) and 129D(1) respectively in their definitions (reg 3). Reg 25 and reg 11 cross‑reference remuneration and allowances for appointments committee members and review panel members under BAM Regulations 2013 (reg 25(1)(d), (1)(d)(iii), and reg 11(4)). Reg 22(5) specifically provides that an applicant dissatisfied with an application outcome may request a review under BAM Regulations 2013 reg 129F(2). Thus the procedural review rights, certain appointment processes and remuneration determinations are conducted under the BAM Regulations 2013.

Other written laws and reporting offences. Reg 22(2)(b) disqualifies from payment any person convicted of failing to comply with a requirement under a written law to report the presence or suspected presence of the specified pest. The term “written law” is broader than the Act and therefore brings offences under other legislation into the eligibility calculus. This creates an interface between criminal or administrative reporting obligations in other Acts or regulations and access to Scheme funds.

Section 146(3) of the Act and prior Consolidated Account charges. Reg 25(1)(b) and (c) allow the Director General to use the Account to pay amounts required to be paid under s 146(3) of the Act and to repay amounts charged to the Consolidated Account and used for controlling any specified pest, even where the Consolidated Account charge predated the pest being specified in Schedule 1 (reg 25(2)). Reg 27(4)(g) requires any amount required to be paid under s 146(3) of the Act to be paid out of the Account on termination. Those provisions create a funding interaction between the Scheme and outstanding obligations under the Act.

Forms, notices and Ministerial Gazette powers. The Regulations require Gazette notices for declaration of areas and rates and for termination or extension of the Scheme (reg 13(1); reg 27(2)-(3); reg 28). The Director General may specify forms for notices and statements, and the Industry Management Committee may specify application forms, procedures and time limits for payments (reg 12, reg 15, reg 18(2)(c), reg 22(3)). This situates operational detail in subordinate administrative practice while anchoring the Scheme’s legal operation in primary legislation and Gazette instruments.

In summary, the Regulations are intentionally interlaced with the Act, the Financial Management Act and the BAM Regulations 2013. Eligibility for funding depends on compliance with statutory pest control duties under the Act, payments and account investment operate within public finance law, and procedural and review mechanisms are provided through the BAM Regulations 2013. Practitioners should look to those instruments for the operational regimes which the Regulations call into play.

The Regulations were made in 2010 and the compilation table and in‑text amendment notes identify subsequent modifications. The compilation table accompanying the Regulations summarises the principal amendments and commencement dates. Key entries and in‑text amendment annotations provide a quick map to changed provisions.

Original enactment and commencement. The Biosecurity and Agriculture Management Industry Funding Scheme (Cattle) Regulations 2010 were published in the Gazette on 21 May 2010, with regs 1 and 2 commencing that day and the remainder commencing on 22 May 2010 (compilation table).

2011 Public Sector Reform consequential amendments. The Public Sector Reform (Consequential Amendments) Regulations 2011 made a change that is reflected in the Regulations. The compilation table records this instrument as published 11 Feb 2011 and commencing 12 Feb 2011. The in‑text note against reg 10 cites Gazette 11 February 2011 regarding remuneration determination; that indicates an administrative alignment to public sector remuneration processes.

2020 amendments: SL 2020/255. The Biosecurity and Agriculture Management Regulations Amendment (Industry Funding Schemes) Regulations 2020, Part 2, were made and commenced on 25 December 2020. The text bears explicit in‑text amendment notes referencing SL 2020/255 against several provisions. For example, reg 3 was amended (SL 2020/255 r 4), reg 9 was amended (SL 2020/255 r 6), reg 14 was amended (SL 2020/255 r 7), reg 15 amended (SL 2020/255 r 8 and r 15), reg 17 amended (SL 2020/255 r 9), reg 22 amended (SL 2020/255 r 11), reg 25 amended (SL 2020/255 r 13), and reg 27 amended (SL 2020/255 r 14). Some intermediary provisions (regs 4 and 5) were deleted by the 2020 instrument (text shows deleted regs 4, 5). The in‑text notes indicate the 2020 instrument adjusted definitions and operational mechanics across the Regulations. Those amendment references pinpoint which provisions changed, though the compilation text here does not reproduce the earlier versions.

2023 amendments: SL 2023/152. The Biosecurity and Agriculture Management Regulations Amendment (Industry Funding Schemes) Regulations 2023, Part 2, were published 4 October 2023 and commenced on 5 October 2023. The in‑text notes identify SL 2023/152 r 4 as an amendment to reg 22. The insertion of reg 22(1A) in the printed text reflects that amendment: reg 22(1A) provides that no payment is to be made under reg 20 or 21 to a person who is not an owner unless the person has paid contributions under this Scheme in accordance with these regulations. That is a substantive eligibility change introduced in 2023.

Specific amendment notes in the text. Several provisions carry inline amendment citations summarising changes. For example:

• Reg 3: amended SL 2020/255 r 4.
• Reg 9: amended SL 2020/255 r 6.
• Reg 10: amended Gazette 11 Feb 2011 p. 506‑7.
• Reg 14: amended SL 2020/255 r 7.
• Reg 15: amended SL 2020/255 r 8 and r 15.
• Reg 17: amended SL 2020/255 r 9.
• Reg 22: amended SL 2020/255 r 11; SL 2023/152 r 4.
• Reg 25: amended SL 2020/255 r 13.
• Reg 27: amended SL 2020/255 r 14.

Practical effect of amendments visible in the text. The current compilation shows operational features attributable to amendments, such as the eligibility tightening in reg 22(1A) introduced in 2023 and participant composition and cessation rules added or clarified in reg 9 (including cessation of committee membership if a member opts out, reg 9(5)(ca)). Other amendments align administrative remuneration and committee procedures with contemporaneous public sector arrangements.

Termination and expiry provisions. The original Scheme termination date was 30 June 2015 (reg 27(1)); the Minister may declare an extension during the 2014-15 financial year after consultations (reg 27(2)), and may declare termination at any time after consultation with the Industry Management Committee (reg 27(3)). The expiry mechanism requires reporting that the Account has been fully applied and a Gazette notice abating the Regulations (reg 28). Amendments over time have preserved those termination and winding up mechanics while modifying operational provisions.

Users needing an authoritative amendment history should consult the compilation table entries and the full amending instruments SL 2020/255 and SL 2023/152, together with the 2011 Public Sector Reform amendments cited, to trace exact textual changes and their commencement dates. The in‑text amendment notes identify which regulations have been amended and supply the instrument references so the original and intermediate texts can be retrieved for a detailed legislative history.

The Regulations’ text and compilation as provided do not cite or record any litigation history. The document contains no judicial decisions, case names or reported litigation outcomes associated with the Biosecurity and Agriculture Management Industry Funding Scheme (Cattle) Regulations 2010.

There are, however, administrative review pathways and mechanisms for procedural challenge that practitioners should note, which exist outside the printed Regulations in related instruments. Reg 22(5) expressly allows an applicant dissatisfied with the outcome of an application for a payment under regs 19, 20 or 21 to request a review under the Biosecurity and Agriculture Management Regulations 2013 reg 129F(2). The BAM Regulations 2013 therefore provide the statutory review mechanism for decisions under the Scheme, and any litigation or tribunal appeals would ordinarily follow from exhaustion of available administrative reviews established by those Regulations and the Act.

The Regulations also create offences and penalties that could generate prosecutions and therefore court proceedings. For example, contraventions of the deduction or remittance duties that attract the fine of $20 000 in reg 15, or the fraudulent false statement offence in reg 29, provide the statutory offences that can be the subject of criminal proceedings in the courts. Those statutory offences and the audit power in reg 15(6) create enforcement triggers, but no specific prosecutorial history is recorded in the text provided.

Absent declared or published cases, practitioners seeking litigation history should consult court and tribunal databases, the Department of Primary Industries and Regional Development, the Director General’s records, and decisions under the BAM Regulations 2013 to identify whether decisions under this Scheme have been the subject of administrative review, tribunal proceedings or judicial review. The Regulations themselves place the review pathway at the BAM Regulations 2013 reg 129F(2), and references to appointments committee and review panel under the BAM Regulations 2013 (definitions in reg 3) indicate where administrative dispute resolution and appointments processes will be documented.

In short, the Regulations set out statutory rights and administrative review avenues, and create offences that could yield litigation, but the compilation presented here does not include any reported litigation history or judicial discussion of the Scheme.

The Regulations contain several timing, formality, eligibility and administrative traps that can have material financial and procedural consequences. This section highlights concrete points likely to trip up owners, processors, agents, Industry Management Committee members and administrators.

Timing of Gazette declarations and default position. The Minister must declare areas of operation and contribution rates by Gazette notice before the start of the financial year (reg 13(1)). If a notice is not published before the financial year begins, the Director General must notify the Industry Management Committee and the Minister is taken to have declared the same area(s) and rate(s) as in the immediately preceding financial year, subject to later amendment (reg 13(7)). That default rule means operators cannot assume no levy applies just because a new notice was not published; the previous year’s settings continue unless changed.

Rate calculation tied to contract formation. The amount payable in respect of a chargeable sale is to be calculated by reference to the rate declared at the time the contract of sale is formed (reg 14(4)). Practically, businesses must identify the precise moment of contract formation and ensure records reflect that date, because a change in declared rate announced after contract formation does not alter the applicable rate. Absence of documentation as to formation timing can generate disputes over which rate applied.

Exemption conditions require particular written statements. Two narrow exemptions avoid double levying: where an animal sold in a chargeable sale is slaughtered within 14 days and the carcass is sold as a further chargeable sale (reg 14(2)), and where an animal sold is removed within 28 days for offering outside the State (reg 14(3)). Both exemptions are conditional on written statements made under reg 15 including particulars of prior chargeable sales and, for removals, intended offering for sale outside the State. The exemptions are not automatic; they require specific written statements in forms acceptable to the Director General (reg 12 and reg 15). Failure to include the required particulars means the exemption will not apply and a second contribution can fall due.

Processor and agent strict deadlines and penalties. Processors and agents must deduct at the time of payment and remit monthly within 30 days after the end of each calendar month with prescribed statements (reg 15(1)-(3)). These duties attract a significant penalty ($20 000) for certain breaches. Practically, processors and agents need systems that track deductions, produce director general‑specified statements, and remit promptly. The monthly remittance cadence requires ongoing cashflow and accounting controls.

Recordkeeping and audit exposure. Processors and agents must retain transaction records for at least five years (reg 15(5)). The Director General may appoint an officer to inspect and audit those records, and may require information production (reg 15(6)). Inadequate recordkeeping not only complicates refunds and exemption claims but also increases exposure to sanctions and forensic audit findings.

Full participant prerequisite to payment. Payments under regs 19, 20 and 21 are not to be made to an owner who is not a full participant for the financial year in which the losses, costs or expenses are incurred (reg 22(1)). The definition of full participant in reg 3 ties that status to past opt‑out behaviour and participation history. Owners who elect to opt out may therefore find themselves ineligible for payments when losses occur, unless they meet the criteria to be treated as full participants again. Committee members themselves must generally be full participants (reg 9(2)) and cease to be members if they opt out for a financial year (reg 9(5)(ca)), which could unintentionally terminate a member’s office.

Refund timing and evidence requirements. Owners who opt out may request refunds of contributions paid on their behalf for that financial year, but they must give notice to the Director General before 31 July following the end of the specified financial year and provide evidence acceptable to the Director General of the payment (reg 17(1)-(2)). Missing that deadline or failing to produce acceptable proof can forfeit refund rights.

Payments limited to direct losses and conditional on compliance. Compensation excludes indirect, incidental or consequential loss (reg 20(2)). The Industry Management Committee may make payments conditional upon recipients undertaking stated control actions (reg 20(5)(b) and reg 21(4)(b)). Claimants who cannot document direct loss causation or who decline to accept and implement conditional measures may be ineligible.

Eligibility tightening for non‑owners. Reg 22(1A), introduced by the 2023 amendment, provides that no payment is to be made under reg 20 or 21 to a person who is not an owner unless the person has paid contributions under this Scheme in accordance with these regulations. Practitioners arranging compensation to contractors, processors, or other third parties should note that non‑owner recipients now must have met contribution obligations to receive payments for destroying cattle or related compensation.

Termination and winding up procedural requirements. The Scheme had a default termination date of 30 June 2015 (reg 27(1)), with a procedure for the Minister to extend the Scheme by Gazette notice in the 2014-15 financial year after consultations (reg 27(2)). Reg 27 also sets wind up rules that maintain certain continuing liabilities, such as unpaid contributions (reg 27(4)(b)) and applications for payments in respect of actions taken before termination (reg 27(4)(f)). Administrators and participants must understand these winding up mechanics, because applications and refunds can survive termination subject to the Committee’s determination of time limits.

Interaction with other reporting offences. Reg 22(2)(b) excludes from payments persons convicted of failing to comply with a requirement under a written law to report the presence or suspected presence of the specified pest. That condition means reporting and compliance failures under other statutory regimes can have direct financial consequences under this Scheme.

In practice, the principal “gotchas” are timing windows for notices and rate declarations, the necessity of precise documentary evidence to trigger exemptions and refunds, the full participant status requirement for payments, and monthly remittance and recordkeeping obligations that require robust systems for processors and agents. Administrators and industry participants should map these deadlines and documentary requirements into their operational controls.

Compliance requires operational processes for levy collection, documentation, participant status management, claims for payments, and governance by the Industry Management Committee. Below are practical, regulation‑based steps for the main affected parties to reduce legal and financial risk.

For owners (including primary producers and sellers)

• Determine participant status annually. Decide whether to opt out and, if so, give notice to the Director General within the windows prescribed by reg 16(2). For 2010-11 the window was 1 June to 31 July 2010; for other years the window is 1 June to 30 June preceding the financial year (reg 16(2)). Track opt‑out history because full participant status, and thus eligibility for payments, depends on recent participation history (definition of full participant in reg 3).
• Maintain evidence of contributions. If you have contributions paid on your behalf and have opted out, preserve receipts and other evidence acceptable to the Director General; refund requests must be made before 31 July following the end of the specified financial year and be accompanied by acceptable evidence (reg 17).
• Document contract formation dates. Because contributions are calculated by reference to the rate declared at the time the contract of sale is formed, keep clear records showing contract formation to ensure the correct rate is applied (reg 14(4)).
• Prepare to claim payment only for direct losses. When seeking payments for losses or destruction costs, document direct causation from a specified pest or control measure and comply with application forms, procedures and time limits the Industry Management Committee sets (reg 20(1), reg 22(3)). Expect payments to exclude indirect or consequential losses (reg 20(2)).

For cattle processors and cattle agents

• Embed deduction at point of payment. Processors must deduct the contribution when making the chargeable payment to the owner, and cattle agents must deduct when remitting to the owner (reg 15(1)-(2)). Ensure IT and payment systems automatically calculate, deduct and record the contribution amount.
• Issue written statements to owners. Provide the written statement in the form required by the Director General setting out the amount deducted (reg 15(1)(b), reg 15(2)(b)). Keep copies for your records.
• Monthly remittance and statement. Remit amounts deducted to the Director General within 30 days after the end of each calendar month and include a Director General‑required statement setting out each amount deducted and transaction details (reg 15(3)). Automate monthly reconciliation and remittance processes to meet the deadline and avoid penalties.
• Keep records for five years and facilitate audits. Keep identity of owners, number of cattle, amounts deducted and payment dates (reg 15(5)). Be prepared to provide these records to an appointed officer for inspection or audit (reg 15(6)). Implement secure record retention practices aligned to five year minimum.
• Build compliance and training. Train staff on deduction rules, exemption statement requirements for carcass sales and out‑of‑state removals, and the consequences of non‑compliance including the $20 000 fines for specified contraventions (reg 15).

For the Industry Management Committee

• Timely recommendations and consultation. Make recommendations to the Minister about area(s) of operation and contribution rates before the start of each financial year and consult owners at least annually (reg 13(1); reg 11(2)). Prepare the estimated costings to justify recommended rates and indicate the projected proportion applied to each specified pest (reg 13(5)-(6)).
• Approve programmes with explicit terms. When approving programmes under reg 18, specify amounts payable, allocation among programme components, bases of calculation and any conditional requirements for recipients (reg 18(2)). Ensure approvals constrain total payments to the amount specified (reg 19(2)).
• Set application procedures and time limits. Publish application forms, procedures and time limits for payments under regs 19-21 and ensure they are applied consistently (reg 22(3)). Ensure decisions and reasons are notified by the Director General within three months (reg 22(4)).
• Reporting and transparency. Prepare annual reports on Scheme operation and performance and make them available to participants, and provide copies to the Minister as required (reg 11(3)-(4)).
• Commission independent review. Commission an independent review after 30 June 2011, or later date as determined, using a consultant who is independent of the State and industry organisations, and make the report available to participants and the Minister (reg 26).

For the Director General and agency administrators

• Maintain and invest the Account correctly. Administer the Cattle Industry Declared Pest Control and Compensation Account under the Financial Management Act 2006 s 16 and invest balances as prescribed in reg 7, crediting interest to the Account.
• Receive remittances and process payments on Committee approvals. Receive monthly remittances from processors and agents, and process payments from the Account for approved programmes, compensation and destruction costs on Industry Management Committee approval and subject to reg 22 eligibility requirements (regs 19-21).
• Implement audit functions and appoint officers. Use the power in reg 15(6) to appoint officers to inspect and audit processor and agent records. Ensure appointed officers have processes for requesting and securing records.
• Notify applicants and manage appeals. Notify applicants for payments of decisions within three months and provide reasons for refusal, and manage review requests under BAM Regulations 2013 reg 129F(2) where applicable (reg 22(4)-(5)).

Practitioner checklist and documentation

• Maintain a ledger of when contracts are formed, sale dates, buyer identity, and whether purchaser is a processor or agent.
• Keep copies of all written statements to owners and to the Director General, in forms acceptable to the Director General.
• Track participant status and opt‑out history for every owner client to assess eligibility for payments and committee membership consequences.
• When applying for payments, document direct losses, costs of destruction, and any compliance with pest control requirements; be prepared to undertake conditional measures if the Committee requires them as a condition of payment (regs 20(5)(b), 21(4)(b)).
• Monitor Gazette notices for area and rate declarations, termination notices and any changes to the Schedule of specified pests.

Following these regulation‑specified steps and embedding the associated recordkeeping standards will position industry participants, processors and administrators to comply with the Scheme’s statutory obligations and to preserve eligibility for funding and refunds.