Biosecurity and Agriculture Management Industry Funding Scheme (Sheep and Goats) Regulations 2010

The Regulations rest on a compact of formal concepts that determine who pays, who is eligible for payments, who decides how funds are used, and how compliance is enforced.

• Account. The Account is a statutorily established agency special purpose account under the Financial Management Act 2006 for the sheep and goat industry (reg 6(1)). The Director General maintains and administers it in consultation with the Industry Management Committee (reg 6(2)). Moneys may be invested as public moneys are invested and interest credited to the Account (reg 7).

• Scheme. The Scheme is the industry funding scheme constituted by Part 4 of the Regulations (reg 3 definition). It is area- and year-specific: the Minister, on the Industry Management Committee’s recommendation, declares both the area(s) of operation and the rate(s) of contributions by Gazette notice for each financial year (reg 13(1)). If no notice is published before a financial year starts, the Scheme lapses to the area(s) and rates in force on the last day of the preceding financial year unless amended (reg 13(7)).

• Participants and status. Owners of sheep or goats are the primary population affected (reg 3 definition of owner). The Regulations distinguish full participants, contributing participants and non-participants (opt-outs) with complex re-entry rules tied to how many consecutive years the person has been out and back in (reg 3 definitions). Full participant status is material because payments from the Account are generally limited to owners who are full participants in the financial year in which losses or costs arise (reg 22(1)).

• Chargeable sale and chargeable payment. A chargeable sale is a sale by an owner of sheep or goats (or carcasses) where the animal was on, or removed from, a property within an area of operation for sale or slaughter (reg 3 definitions). Chargeable payment means the payment due by the purchaser to the owner in respect of the sheep or carcasses; if multiple payments are due, the first such payment is the chargeable payment (reg 3 definition).

• Specified pest and approved programmes. “Specified pests” are the declared pests listed in Schedule 1. As at the compilation, Schedule 1 lists virulent footrot (Dichelobacter nodosus) and feral/dog (Canis lupus familiaris (feral)) (Sch 1). The Industry Management Committee may approve “approved programmes” for control, advancement or improvement of control measures for a specified pest; approvals must specify the amount that may be paid out of the Account and may specify sub‑allocations and terms (reg 18(1)-(2)). Payments from the Account can fund approved programme costs (reg 19) and can provide compensation for losses directly arising from infection/infestation or from control measures (reg 20), and for costs of destruction where required under the Act (reg 21).

• Collection and remittance mechanics. Deduction rules differ by route-to-market. Processors must deduct at payment and furnish a written statement; stock agents must deduct at remittance and furnish a written statement; if the sale is neither to a processor nor via a stock agent, the owner must remit within 14 days (reg 15(1)-(3), (7)). Monthly remittance and reporting obligations apply to processors and agents (reg 15(3)). Records must be kept for five years and the Director General may appoint officers to audit and inspect them (reg 15(5)-(6)).

• Conditionality, exclusions and appeals. Payments can be subject to conditions, for example requiring recipients to implement control measures (reg 20(5)(b); reg 21(4)(b)). No payments are to be made where the person has failed to pay contributions, been convicted of failing to report specified pests, or failed to comply with a pest control requirement (reg 22(2)). Applicants have an administrative review right under the Biosecurity and Agriculture Management Regulations 2013 regulation 129F(2), as referenced in reg 22(5).

• Governance actors. The Minister makes declarations and may set a nil rate (reg 13(1)-(3)). The Industry Management Committee (established by reg 8) recommends rates, approves programmes and payments, consults participants, and reports annually (regs 9, 11, 13, 18-21). The Director General operates the Account and executes payments, investments and administrative functions (reg 6(2), reg 7, regs 19-21, reg 25). The appointments committee and review panel are cross-referenced by definition to the BAM Regulations 2013 (reg 3).

These concepts interlock: statutory collection at sale funds an Account, decisions over allocation and eligibility are concentrated in the Industry Management Committee, and administrative execution rests with the Director General subject to the Act and other regulations (regs 6-25). The Schedule sets the scope of pests eligible for funding (Sch 1). The interplay of collection, eligibility rules tied to “full participant” status, and conditional approvals shape who benefits and under what behavioural conditions (regs 3, 13, 18-22).

The Regulations identify distinct groups that bear the Scheme’s financial costs, administrative obligations and eligibility constraints. Each group faces specific legal duties or entitlements set out in the text.

• Owners of sheep or goats. Owners are the primary contributors and potential beneficiaries. Every owner who completes a chargeable sale is prima facie liable to pay a contribution under reg 14(1), unless the owner has validly opted out for that financial year under reg 16(1). Owners who opt out can request refund of contributions paid on their behalf for that year, subject to evidentiary requirements and time limits (reg 17). Owners who are not full participants for the financial year in which losses or costs are incurred are ineligible for payments under regs 19-21 (reg 22(1)). Owners also face disqualification from payments if they have failed to pay contributions or have been convicted of failing to report a specified pest, or have failed to comply with pest control requirements (reg 22(2)).

• Sheep and goat processors. Processors who purchase animals or carcasses must deduct the contribution at the point they make the chargeable payment and provide the owner with a written statement in a form the Director General prescribes (reg 15(1)). Processors must pay amounts deducted to the Director General within 30 days of the end of each calendar month and supply a monthly statement of deductions (reg 15(3)). Processors must retain records and accounts for at least five years and can be audited or required to produce records to appointed officers (reg 15(5)-(6)). Failure to comply with deduction, remittance or reporting duties attracts a penalty of $20,000 for the relevant contravention (reg 15 penalties).

• Stock agents. Stock agents who act as selling agents for owners must deduct contributions when remitting payments to the owner and must provide the owner with the written statement the Director General requires (reg 15(2)). Stock agents are subject to the same monthly remittance and recording duties as processors and the same $20,000 penalty for contraventions of deduction/remittance duties (reg 15(2)-(3), (5), penalty).

• Industry Management Committee members. The Committee consists of 5-7 appointed persons; members usually must be full participants unless the Minister appoints a non‑participant under limited circumstances (reg 9(1)-(3)). Members receive remuneration and allowances as the Minister, on the Public Sector Commissioner’s recommendation, determines for each member (reg 10). Committee members advise the Director General, exercise the functions conferred by Part 4 including approving programmes and making payment determinations, consult the industry at least annually and provide reports to the Minister and participants (reg 11).

• The Director General. The Director General administers and maintains the Account in consultation with the Industry Management Committee (reg 6(2)), invests Account balances in accordance with the Financial Management Act 2006 rules (reg 7), receives and disburses monies under the Scheme, notifies applicants of payment decisions within three months (reg 22(4)), and is responsible for receiving opt-out, refund and deduction remittance notices (regs 15, 16, 17).

• Minister. The Minister declares the area(s) of operation and contribution rates by Gazette notice on the Industry Management Committee’s recommendation, may declare a nil rate, may amend or revoke declarations, and may extend the Scheme beyond its scheduled termination date after specified consultation (reg 13(1)-(4); reg 27(2)). The Minister appoints Committee members and sets terms of appointment (reg 9).

• Persons who are not owners. The Regulations permit payments to persons who are not owners under limited conditions. The Industry Management Committee may approve payments to non‑owners only where it is satisfied that doing so is in the best interests of participants (regs 20(3); 21(2)). Additionally, reg 22(1A) restricts payments to non-owners to persons who have paid contributions under the Scheme.

• Entities referenced by other statutes. The Account interacts with obligations under the Biosecurity and Agriculture Management Act 2007; for example, payments can be made in relation to pest control requirements issued under the Act (reg 3 definition of pest control requirement; regs 19-21), and the Account can be used to pay any amounts required under s 146(3) of the Act (reg 25(1)(b); reg 27(4)(g)).

Financially, the statutory incidence places the immediate economic cost on owners who sell animals in declared areas (reg 14(1)), with processors and stock agents acting as collection agents and taking on administrative and compliance duties (reg 15). Beneficiaries are owners (and, in constrained circumstances, non‑owners) who meet the Scheme’s participation and compliance criteria and whose losses or control costs fall within the narrow categories set by regs 19-21. Governance and decision power are centralised in the Industry Management Committee (reg 11) and in the Minister’s declaration powers (reg 13). The combined structure creates a levy collected at commercial sale points that funds committee-approved pest control programmes and conditional compensation (regs 13-21).

The Regulations allocate a set of legally enforceable duties and corresponding administrative rights across participants, processors/agents, the Industry Management Committee, the Director General and the Minister.

Duties

• Payment of contributions by owners. Every owner who completes a chargeable sale must pay a contribution in accordance with the Scheme (reg 14(1)). The contribution amount is determined by reference to the rate declared by the Minister at the time the contract of sale is formed (reg 14(4)).

• Deduction and remittance by processors and agents. Where sales are to a sheep and goat processor the processor must deduct the contribution when making the chargeable payment and provide the owner with a written statement in a form required by the Director General (reg 15(1)). Where sales are made through a stock agent, the stock agent must deduct at remittance and provide the required written statement (reg 15(2)). Both processors and agents must remit all amounts deducted to the Director General within 30 days of the end of each calendar month, and furnish a statement of deductions in the form required (reg 15(3)). Penalties for contravention of these duties are a fine of $20,000 (reg 15 penalties).

• Record keeping and audit compliance. Processors and stock agents must keep records and accounts for at least five years showing transaction details and deducted charges (reg 15(5)). The Director General may appoint an officer to inspect, examine and audit those records and require production of information; the processor or agent must comply (reg 15(6)).

• Owner remittance for private sales. If a sale is neither to a processor nor through a stock agent, the owner must pay the contribution to the Director General within 14 days of the sale and provide a written statement in the form required (reg 15(7)).

• Opting out and refund procedures. Owners may opt out for a financial year by giving notice to the Director General in the prescribed time periods (reg 16(1)-(2)). Owners who opted out may request refunds of contributions paid on their behalf during that financial year by giving notice before 31 July following the end of the year, providing details and acceptable evidence (reg 17(1)-(2)).

• Conditional compliance to receive payments. Applicants for payments under regs 19-21 must apply in the form, manner, and within time limits set by the Industry Management Committee; payments may be refused where applicants have failed to pay contributions, been convicted of failing to report a specified pest, or failed to comply with pest control requirements (reg 22(2)-(3)). Payments are not to be made to owners who are not full participants for the financial year in which losses occur (reg 22(1)). Payments to non‑owners are limited to persons who have paid contributions under the Scheme (reg 22(1A)).

• Committee and reporting duties. The Industry Management Committee must advise the Director General on Account administration, exercise functions under Part 4, consult owners at least annually, and report at least annually on the operation and effectiveness of the Scheme (reg 11(1)-(3)). The Committee must provide copies of its reports to the Minister and make reports available to participants (reg 11(4)).

Rights and administrative entitlements

• Right to apply for payments. Owners and eligible applicants (subject to the eligibility and conditionality set out in regs 19-22) have the right to apply for payments from the Account for approved programme costs, compensation for direct losses, and costs of destruction (regs 19-21). The Director General must inform applicants within three months what payment, if any, will be made or the reason for refusal (reg 22(4)).

• Right to administrative review. An applicant dissatisfied with an application decision may request a review under the Biosecurity and Agriculture Management Regulations 2013 regulation 129F(2), as cross‑referenced in reg 22(5).

• Right to opt out and seek refund. Owners may opt out for a financial year (subject to timing rules) and may request a refund of contributions paid on their behalf for that year if they comply with the refund notice requirements and proof standards (regs 16-17).

• Committee’s decision power. The Industry Management Committee has the statutory authority to approve programmes, specify amounts and terms for payments, direct the Director General to repay refunds from the Account, and to specify payment bases and conditions (regs 18(1)-(2), 17(3)(b), 20(5), 21(4)).

• Director General’s operational obligations. The Director General is required to maintain and administer the Account, invest balances in accordance with the Financial Management Act 2006 investment regime and credit interest to the Account, receive remittances and refund payments as directed by the Industry Management Committee, and notify applicants of decisions within prescribed timeframes (reg 6(1)-(2); reg 7; reg 15(3); reg 17(3); reg 22(4)).

These duties-rights pairs allocate enforcement levers and protections. Deduction and remittance duties create an administrative chain for revenue collection; record-keeping and audit powers support enforcement. The Committee’s approval powers and the Director General’s operational duties concentrate decision-making power on funding and payments in administrative hands, while statutory rights such as opt-out and refund provide owners with limited control over participation (regs 15-17; regs 18-22).

The Regulations set out both monetary penalties and administrative controls to enforce collection, reporting and integrity of payments, and they incorporate cross‑statutory enforcement by reference to the Act and the Financial Management Act 2006.

Monetary penalties

• Deduction and remittance breaches. The Regulations attach a specified monetary penalty for contraventions of the deduction and remittance duties that processors and stock agents (and potentially owners who fail to remit when required) carry. Each of the following contraventions is expressly stated to attract a fine of $20,000: failing to provide the required written statement when deducting (reg 15(1) penalty), failing to provide the required written statement when acting as a stock agent (reg 15(2) penalty), and failing to pay or supply the monthly statements within 30 days (reg 15(3) penalty). The same monetary value is set for the offence of knowingly making a false statement or doing a fraudulent act for the purpose of obtaining a pecuniary benefit under the Scheme (reg 29).

• Fraud and false statements. Reg 29 makes it an offence to knowingly make a false statement, or to commit or be concerned in a fraudulent act, for the purpose of obtaining any pecuniary benefit under the Scheme. The penalty is a fine of $20,000 (reg 29).

Administrative enforcement levers

• Payment conditionality and exclusion. The Industry Management Committee may refuse payments where a person has failed to pay contributions, has been convicted of failing to report a specified pest, or has failed to comply with a pest control requirement (reg 22(2)). This operates as an administrative exclusion mechanism tying financial relief to statutory compliance.

• Eligibility conditions. Payments under regs 19-21 require application in the form and within time limits set by the Industry Management Committee, and will not be made to owners who are not full participants during the relevant financial year (reg 22(1); reg 22(3)). Payments to non-owners are constrained by the requirement that non-owners must have paid contributions and by the Committee’s “best interests” satisfaction test (reg 20(3); reg 21(2); reg 22(1A)).

• Audit and inspection powers. The Director General may appoint an officer to inspect, examine and audit records maintained by processors and stock agents; the appointed officer may at any time require production of records and information and the processor or agent must comply (reg 15(6)). This supports verification of remittances and statements.

• Administrative removal/appointment. Committee members’ terms, removal and reappointment are governed by reg 9. The Minister may remove a member by written notice (reg 9(5)(c)), which functions as an internal governance enforcement mechanism.

• Repayment and recovery. Contributions unpaid at termination remain payable and are to be credited to the Account; refund claims and outstanding applications remain actionable post-termination (reg 27(4)(b), (d)-(f)). The Director General is required to apply Account funds to repay certain sums under s 146(3) of the Act and to notify the Committee of such applications (reg 25(1)(b); reg 25(4)).

Procedural enforcement and oversight

• Notification timeframes. The Director General must notify an applicant for a payment under regs 19-21 within three months of receiving the application as to what payment, if any, is to be made and, if none, whether that is because the Committee has not approved payment or other stated reason (reg 22(4)). This imposes a statutory timeline for administrative decision-making.

• Review rights. Applicants dissatisfied with the outcome may seek a review under the Biosecurity and Agriculture Management Regulations 2013 regulation 129F(2) as cross-referenced in reg 22(5), providing an administrative avenue for challenge.

• Record retention. The five-year retention requirement for records and accounts related to chargeable sales (reg 15(5)) facilitates retrospective enforcement and auditing.

Interaction with the Act and other enforcement mechanisms

• Cross-reference to Act offences. Reg 22(2)(b) disqualifies persons convicted of failing to comply with a written law reporting requirement for a specified pest from receiving payments. The underlying reporting obligations and associated penalties flow from the Biosecurity and Agriculture Management Act 2007 and related regulations. The Account may also be used to pay amounts required under s 146(3) of the Act (reg 25(1)(b)), indicating financial interdependence with statutory obligations and remedies under the Act.

The enforcement design combines civil/administrative controls (eligibility rules, suspension of payments, audits and record production) with criminal-style monetary fines for false statements and non-compliance with deduction/remittance obligations. The monetary penalties are fixed amounts rather than percentage-based or scaled fines, and the Regulations concentrate discretion about payments in the Industry Management Committee, with the Director General as operational agent and an administrative review route for dissatisfied applicants (reg 22(5)).

The Regulations operate as subsidiary instruments in the statutory architecture created by the Biosecurity and Agriculture Management Act 2007 (the Act) and intersect with the Financial Management Act 2006 and the Biosecurity and Agriculture Management Regulations 2013. The instrument references and relies upon provisions, enforcement powers and governance structures in those Acts and Regulations.

• Biosecurity and Agriculture Management Act 2007 (the Act). Multiple definitions and operative concepts are framed in relation to the Act. The term pest control requirement is tied to the Act’s mechanisms: a pest control notice under s 31, management plans under s 45, or obligations imposed by regulations under the Act (reg 3 definition). Payments for the costs of actions taken under the Act (for example destruction of sheep or goats required under the Act) are expressly contemplated (reg 21(1)). The Regulations also provide that the Account may be applied to pay any amount required under section 146(3) of the Act and interest thereon (reg 25(1)(b)). Reg 22(2)(b) disqualifies persons convicted of failing to comply with a written law reporting requirement , an offence under the Act or related laws , from receiving payments.

• Financial Management Act 2006. The Account is established under the Financial Management Act 2006 s 16 as an agency special purpose account (reg 6(1)). Investment of moneys standing to the credit of the Account is to be done in the same manner as public moneys in the Public Bank Account under the Financial Management Act s 11; interest from investments is credited to the Account (reg 7). This ties Account management and investment rules to the State’s financial framework and audit regimes.

• Biosecurity and Agriculture Management Regulations 2013. The Regulations explicitly cross‑reference appointment and review machinery established by the BAM Regulations 2013. The appointments committee and review panel referenced in reg 3 are those established under the BAM Regulations 2013 regulation 129B(1) and 129D(1) respectively. Reg 22(5) provides for an applicant dissatisfied with a payment decision to request a review under BAM Regulations 2013 regulation 129F(2). Moreover, remuneration and allowances for members of the appointments committee and review panel are determined under provisions of the BAM Regulations 2013, and the Account may be applied to pay those amounts to the extent they are costs of administering the Account (reg 25(1)(d)).

• Interaction with pest declaration and control powers. The Scheme’s substantive purpose is to fund control measures and compensation for losses related to “specified pests” which are declared pests under the Act. The Schedule lists specified pests; the legal authority for declaring pests and imposing control obligations derives from the Act. The Regulations therefore operate as a financing and compensation overlay on the Act’s pest-control enforcement regime (Sch 1; reg 3 definitions).

• Termination and financial wrap-up. Termination and winding up mechanics in reg 27 reference obligations under the Act (reg 27(4)(g) requires that any amount required to be paid under s 146(3) be paid out of the Account). The Account’s closure, creditor-like priorities (refunds, undetermined applications), and residual distributions are calibrated to co-exist with obligations imposed under the Act and the State’s financial management framework (regs 27-28).

• Administrative law and review. Because the Industry Management Committee exercises discretionary power over approvals and payments, and the Director General makes administrative decisions (for example, notifying applicants under reg 22(4)), decisions are situated within the broader administrative law framework that governs decision-making by public officials in Western Australia. The Regulations provide a statutory administrative review route back to the BAM Regulations 2013, signalling an integrated approach to administrative review within the biosecurity regulatory system (reg 22(5)).

In sum, these Regulations are an instrument that allocates financial resources and administrative mechanisms to complement the operational powers under the Biosecurity and Agriculture Management Act 2007 and are implemented through financial systems governed by the Financial Management Act 2006 and administrative frameworks and review mechanisms set out in the BAM Regulations 2013 (reg 6; reg 7; reg 3; reg 22(5); reg 25).

The Regulations include explicit amendment notations and the compilation table records subsequent legislative changes. The principal enactment and key recorded amendments are as follows.

• Original enactment (2010). The Biosecurity and Agriculture Management Industry Funding Scheme (Sheep and Goats) Regulations 2010 were published on 21 May 2010 and came into force (reg 1 and reg 2). Regulations other than regs 1 and 2 commenced on 22 May 2010 (compilation table).

• Public Sector Reform (Consequential Amendments) Regulations 2011. The compilation table records the Public Sector Reform (Consequential Amendments) Regulations 2011 (r 20) published 11 Feb 2011 and commencing 12 Feb 2011. The 2011 instrument appears in the compilation table and is cited as an amendment source, for example reg 10's note records amendment in Gazette 11 Feb 2011 p. 506-7 (reg 10 amended: Gazette 11 Feb 2011 p. 506-7).

• Amendment Regulations 2017. The Biosecurity and Agriculture Management Industry Funding Scheme (Sheep and Goats) Amendment Regulations 2017 were published 19 Dec 2017 and took effect (reg 1 and reg 2), with substantive provisions commencing 20 Dec 2017 (compilation table). The body of the Regulations carries margin notes such as “[Regulation 3 amended: Gazette 19 Dec 2017 p. 5933‑4; SL 2020/255 r. 27.]” and “[Schedule 1 amended: Gazette 19 Dec 2017 p. 5935.]” indicating the 2017 instrument amended definitions and Schedule 1. The specific amendments recorded within the text include updates to reg 3 and Schedule 1.

• Industry Funding Schemes Amendments 2020. The Biosecurity and Agriculture Management Regulations Amendment (Industry Funding Schemes) Regulations 2020, Part 4 (SL 2020/255), were made 24 Dec 2020 and commenced on 25 Dec 2020. The compiled text records several deletions and amendments effected by SL 2020/255: regs 4 and 5 were deleted (noted “[4, 5. Deleted: SL 2020/255 r. 28.]”); reg 9 and other regulations show amendment notations “SL 2020/255 r. 29” and associated cross‑references. Reg 23 was deleted by SL 2020/255 r. 33 per a margin note.

• Industry Funding Schemes Amendments 2023. The Biosecurity and Agriculture Management Regulations Amendment (Industry Funding Schemes) Regulations 2023, Part 4 (SL 2023/152), were made 4 Oct 2023 and commenced 5 Oct 2023 (compilation table). The compiled text notes amendments such as “[Regulation 20 amended: SL 2023/152 r. 8.]” and “[Regulation 21 amended: SL 2023/152 r. 9.]” and amendments to reg 22 (SL 2023/152 r. 10). These amendments include substantive changes to regs 20-22 referenced in the main text.

Aside from dates and instrument identifiers, the Regulations themselves include in-text amendment annotations showing where specific provisions were altered, deleted or amended and the authority for amendment. Examples include:

• Reg 3 (definitions) amendment note: “Regulation 3 amended: Gazette 19 Dec 2017 p. 5933‑4; SL 2020/255 r. 27.”

• Reg 9 (appointment/composition) amendment note: “Regulation 9 amended: SL 2020/255 r. 29.”

• Reg 10 (remuneration) amendment note: “Regulation 10 amended: Gazette 11 Feb 2011 p. 506‑7.”

• Reg 15 (deduction and remittance) amendment notes: “Regulation 15 amended: Gazette 19 Dec 2017 p. 5934; SL 2020/255 r. 30 and 35.”

• Reg 17 (refund) amendment note: “Regulation 17 amended: SL 2020/255 r. 31.”

• Reg 22 (general payment provisions) amendment notes: “Regulation 22 amended: SL 2020/255 r. 32; SL 2023/152 r. 10.”

• Reg 25 (other payments out of the Account) amendment note: “Regulation 25 amended: SL 2020/255 r. 34.”

• Reg 27 (termination/winding up) amendment note: “Regulation 27 amended: Gazette 19 Dec 2017 p. 5935.”

• Schedule 1 amendment note: “Schedule 1 amended: Gazette 19 Dec 2017 p. 5935.”

The compilation table in the Regulations provides formal citations for the instruments and commencement dates, including the primary 2010 Regulations and subsequent amending instruments in 2011, 2017, 2020 and 2023. The text also records deleted provisions: regulations 4 and 5 were deleted by SL 2020/255 r. 28 and regulation 23 deleted by SL 2020/255 r. 33. Users needing the precise textual changes should consult the respective amending instruments (SL references and Gazette pages are included in the compilation table) for line-by-line comparisons and to identify the policy changes made in each amending regulation.

The Regulations as compiled do not include any case law or judicial decisions in the text, and the instrument itself does not annex court judgments. The source document does not name any judicial decisions or litigation arising under these specific Regulations. Where the instrument contemplates review and challenge processes, it does so administratively rather than judicially.

Specifically:

• Administrative review mechanism. Reg 22(5) provides that an applicant dissatisfied with the outcome of an application for payment under regs 19-21 may request a review of the application under the Biosecurity and Agriculture Management Regulations 2013 regulation 129F(2). That cross‑reference situates appeals and reviews within the administrative review framework created by the BAM Regulations 2013 rather than specifying judicial proceedings.

• Potential for future litigation. The Regulations create enforceable duties and monetary penalties (for example, fines of $20,000 under reg 15 and reg 29) and a structure of eligibility and conditionality for payments. Those elements could generate administrative decisions or prosecutions that are subject to judicial review or criminal proceedings, but the Regulations themselves do not list any litigation history or reported decisions. Any court cases or prosecutions would appear in external legal reporting or court records rather than in the Regulations.

• Interplay with the Act. Disputes about the construction or application of these Regulations could intersect with disputes under the Biosecurity and Agriculture Management Act 2007 (for example, whether a pest control requirement under the Act was lawfully issued). The Regulations reference provisions of the Act (eg, s 31 pest control notices, s 45 management plans, s 146(3) payments) that provide statutory contexts in which legal disputes may arise. Nonetheless, the Regulations themselves do not record cases.

For practitioners seeking litigation-related precedents, the Regulations point to an administrative review route and to the relevant statutory frameworks that would likely be engaged in any litigation. To identify any actual litigation under these Regulations or related instruments it is necessary to search court databases, tribunal records, the State Solicitor’s Office publications and government enforcement notices; none of that material is contained in the Regulations as provided.

Several features of the Regulations present practical traps for parties who implement, collect, or seek payments under the Scheme. These are concrete implementation risks and compliance issues that arise directly from the textual provisions.

• Definition of “owner” excludes agents and managers. The statutory definition of owner excludes an agent or manager of the owner, or another person who has possession or control of the sheep or goats (reg 3). This matters because persons in possession who transact on behalf of owners may not be treated as owners for eligibility to payments under regs 19-21, and the distinction affects who may claim compensation, who may opt out, and who is liable where sales occur.

• Full participant status is consequential and administratively complex. Payments under regs 19-21 are not to be made to an owner who is not a full participant for the financial year in which losses arise (reg 22(1)). The full participant definition contains multi-year re-entry rules (reg 3 definition of full participant) which can make eligibility contingent on historical opt-outs and participation patterns. Parties should not assume that paying a contribution in the current year confers immediate full participant status for payment eligibility.

• Opt-out timing and refund window are narrow. An owner may opt out only in specified windows: for 2010-11 a specific earlier window is provided and, for subsequent years, between 1 June and 30 June in the immediately preceding financial year (reg 16(2)). Refund requests must be made by 31 July following the end of the specified financial year and must be accompanied by evidence acceptable to the Director General (reg 17(1)-(2)). Missing these windows can foreclose refund rights.

• Double-charging exclusions require documentary proof. The Regulations prevent double contributions in certain situations (for example where an animal is sold and a contribution paid then slaughtered within 14 days and the carcass sold again) but only where the later transaction’s written statement includes particulars of the prior chargeable sale (reg 14(2) and cross-ref reg 15(3)). Similarly, export within 28 days exemption depends on particulars being included in a written statement (reg 14(3)). Unless the required written statements are produced in the prescribed forms, the exemption will not apply.

• Different collection mechanics by sales path impose transactional complexity. Deduction and remittance obligations differ depending on whether the sale is to a processor, through a stock agent or otherwise (reg 15(1)-(3), (7)). Businesses that change sales channels must adapt procedures to match the applicable deduction/remittance route and timelines. Processors and agents bear strict monthly remittance duties and reporting requirements (reg 15(3), (5)), and non-compliance attracts a fixed $20,000 penalty (reg 15 penalty).

• Payments to non-owners are tightly constrained. The Committee may approve payments to non-owners only if satisfied it is in the best interests of participants (reg 20(3); reg 21(2)). Reg 22(1A) also requires that non-owners must have paid contributions under this Scheme to be eligible for payments under regs 20 or 21. This restricts third-party claims and complicates contractual arrangements where processors, transporters or managers seek compensation.

• Ministerial reliance on Gazette notices creates timing risk. The Scheme operates in declared areas and rates set by the Minister by Gazette before each financial year (reg 13(1)). If no notice is published before the start of a financial year, the fallback is that the Director General notifies the Committee and the Minister is taken to have declared that the Scheme continues with the same area(s) and rates as the previous year (reg 13(7)). Practically, any delay or omission in Gazette publication could create uncertainty about applicable rates and areas until the fallback provision triggers.

• Committee discretion shapes payment outcomes. The Industry Management Committee approves programmes and specifies amounts and conditions for payments (regs 18-21). The Regulations give the Committee wide discretion about the terms of approvals and about conditionality (eg, making payments contingent upon undertaking specified control measures). This concentrates distributional decisions in a small body and means applicants must align claims and compliance with the Committee’s procedures.

• Record retention and audit exposures. Processors and stock agents must retain detailed records for at least five years (reg 15(5)) and can be audited by an appointed officer (reg 15(6)). Failure to maintain records impairs ability to evidence remittance and may attract penalties.

• Fixed penalty quantum not scaled. Penalties (reg 15 penalties; reg 29) are fixed monetary fines of $20,000 rather than scaled by the quantum of unremitted contributions or the size of the transaction. This can create disproportionality, particularly for small or inadvertent errors, but the text leaves no scaling or discretion in the penalty amounts.

• Interaction with the Act’s reporting and compliance obligations. Reg 22(2)(b) denies payments to persons convicted of failing to report the presence or suspected presence of the specified pest which is the subject of the claim. This mechanism uses cross‑statutory compliance history as a gate to payments, so applicants must maintain compliance with underlying reporting and control obligations under the Act to preserve eligibility.

• Termination and residual distribution. On termination the Account is to be closed and remaining balances applied in ways the Industry Management Committee considers to be for the benefit of participants (reg 27(4)(a), (h)). This gives the Committee discretion about residual distributions and requires attention to timing for any outstanding claims or refunds (reg 27(4)(e)-(f); reg 28).

Each of these “gotchas” is textually grounded in the cited provisions. Practitioners should pay attention to definition boundaries (owner, participant statuses), timing windows (opt-out, refund, Gazette declarations, remittance), documentation requirements (written statements), and the concentration of discretionary powers in the Industry Management Committee when advising clients, structuring contracts, or designing internal compliance systems.

This section sets out a practical compliance checklist organised by actor: owners, processors and stock agents, the Industry Management Committee, and the Director General. Each step cites the enabling provision so practitioners can trace the requirement to the text.

Owners (sellers of sheep or goats)

• Determine whether your property is within an area of operation for the current financial year by checking the Minister’s Gazette notice as published on or before the start of the financial year (reg 13(1)). If no Gazette notice appears, check which area(s) and rates applied at the end of the prior financial year, since those continue until altered (reg 13(7)).
• If you do not want to participate in the Scheme for a financial year, give the Director General written notice in the applicable window: for years after 2010-11, between 1 June and 30 June in the immediately preceding financial year (reg 16(1)-(2)). Keep proof of delivery/receipt.
• If you opt out for a financial year but contributions are paid on your behalf, you can request a refund by notice to the Director General before 31 July following the end of that financial year. The notice must specify the contributions for refund and be accompanied by evidence acceptable to the Director General of payment (reg 17(1)-(2)). Keep originals of payment receipts and statements showing deductions.
• When entering a contract of sale, note that the contribution rate applicable is the rate declared when the contract is formed. Draft contracts to reflect the gross price and make clear allocation of any levy so parties know who bears the economic incidence (reg 14(4)).
• To avoid double payment where an animal is sold and then slaughtered and the carcass sold, ensure any written statements required under reg 15 identify prior chargeable sales and include the particulars specified so that reg 14(2) applies. For animals removed for sale outside the State within 28 days, include particulars of prior sale and intended offering for sale outside the State to rely on reg 14(3).

Sheep and goat processors

• Implement point-of-payment deduction processes. When making the chargeable payment to a seller, deduct the contribution amount and issue the owner a written statement in the form the Director General requires (reg 15(1)). Design receipts and electronic payment advice to capture the particulars required by the Director General.
• Set up monthly remittance and reporting. Within 30 days after the end of each calendar month remit all amounts deducted to the Director General and provide the accompanying statement in the form required, including details of each amount deducted and such details of chargeable sales as required (reg 15(3)). Maintain a reconciliation between your accounts payable and remittance submissions.
• Retain records for five years. For each chargeable sale maintain identity of the owner, number of animals or carcasses, amount deducted, and date/amount remitted to the Director General (reg 15(5)). Ensure secure archival and retrieval systems for audit.
• Prepare for audits. The Director General may appoint an officer to inspect and audit records; ensure staff and systems can produce records and respond to information requests promptly (reg 15(6)). Maintain a documented audit trail linking payment records, remittances and the written statements issued to owners.
• Monitor statutory forms. The Director General may require particular forms for written statements and monthly returns (reg 12 as to “notice” and reg 15(1)-(3) as to form). Subscribe to the Department’s notices and implement form updates into IT and compliance processes.
• Be aware of penalty exposure. Non-compliance with deduction, remittance or reporting obligations attracts a fine of $20,000 (reg 15 penalty). Establish internal controls, staff training and exception handling to reduce the risk of inadvertent breaches.

Stock agents

• When remitting payment to an owner, deduct the contribution if the transaction is a chargeable sale and provide the owner with the Director General’s required written statement (reg 15(2)). Systems used to prepare vendor payments should capture levy deductions and generate the required statement automatically.
• Remit monthly and keep records. As with processors, remit deducted amounts monthly within the 30-day window, provide the prescribed statements to the Director General and retain transaction records for five years (reg 15(3), (5)). Ensure vendor listings identify whether levy applied and that remittance schedules reconcile to client payments.
• Prepare for audits and inspection. The Director General may inspect records and require the provision of information (reg 15(6)). Keep client authorisations where appropriate to produce evidence and minimise disputes.

Industry Management Committee

• Consult owners at least once per year. The Committee must consult owners directly or through representative organisations to ascertain views concerning the Scheme’s operation (reg 11(2)). Keep records and minutes of consultations to demonstrate compliance.
• Recommend area(s) and rates. Before each financial year the Committee should prepare a recommendation for the Minister setting out proposed area(s) of operation and contribution rates, grounded in projected costs of approved programmes (reg 13(1), 13(5)). Ensure estimates include projected allocations by specified pest as required by reg 13(6).
• Approve programmes with clear terms. When approving programmes under reg 18, specify the total amount available, the sub-allocations by activity and any bases for calculations, and attach explicit terms and conditions for payments (reg 18(2)). Use written approvals to avoid ambiguity at payment time.
• Set application procedures and time limits. Establish forms, procedures and time limits for applications for payments from the Account under regs 19-21 and publicise them to participants (reg 22(3)). Maintain transparent criteria for conditional payments (eg, requiring certain control measures) and document the “best interests” rationale where a non-owner is to receive funds (reg 20(3); reg 21(2)).
• Approve administrative expenses. Approve remuneration and allowances and other costs of administering the Account before the Director General makes payments under reg 25(1)(d)-(f) (reg 25(3)). Maintain records of approvals and ensure compliance with the Financial Management Act 2006 for Account expenditure.

Director General and Departmental administration

• Maintain the Account. Administer the Account in consultation with the Industry Management Committee (reg 6(2)). Ensure all receipts, remittances and payments are correctly recorded and reconciled to bank/investment statements in accordance with the Financial Management Act 2006 and public sector accounting standards (reg 7).
• Provide forms and notices. Specify and publish the required forms for written statements, monthly remittances and opt-out/refund notices; communicate updates to processors, stock agents and owners (reg 12; reg 15(1)-(3); reg 17(2)). Keep a register of notices published by Gazette and make available the current area(s) of operation and rates (reg 13(1)).
• Invest Account balances. Invest moneys standing to the credit of the Account in the same manner as public monies standing to the credit of the Public Bank Account (Financial Management Act s 11) and credit interest to the Account (reg 7).
• Process refunds and payments. On receiving a refund request under reg 17 ensure it meets evidentiary requirements, notify the Industry Management Committee and effect repayment from the Account as directed (reg 17(3)). When applications for payments under regs 19-21 are received, process them in line with the Committee’s approvals and notify applicants within three months of the outcome (reg 22(3)-(4)).
• Administer audits and enforcement. Appoint officers to inspect and audit records from processors and agents as required (reg 15(6)). Escalate suspected fraudulent claims under reg 29 to appropriate enforcement channels and coordinate with legal services for prosecution where warranted.
• Closure and winding up. If the Scheme is terminated, follow reg 27 and reg 28: manage outstanding contributions and refunds, determine undetermined applications as if the Scheme had not terminated, ensure s 146(3) obligations under the Act are discharged from the Account and, when the Account is fully applied, publish a Gazette notice to effect expiry (regs 27-28).

General operational recommendations

• Use clear contract drafting. Contracts of sale should specify who bears the levy and reflect the statutory incidence rules so parties know net receipts and obligations at the time of contract formation (reg 14(4)).
• Maintain up-to-date compliance manuals. Capture the different collection routes, time limits and forms in operational manuals and update them when Ministerial Gazette notices or Director General forms change (reg 13(1); reg 12).
• Train frontline staff. Ensure accounts payable, vendor payments and stock agent payment teams understand deduction rules, statement requirements and remittance deadlines to reduce exposure to the $20,000 penalties (reg 15).
• Record-proof eligibility. For applicants seeking payments, retain records evidencing compliance with pest-control directions and reporting obligations under the Act because reg 22(2) conditions payment eligibility on absence of convictions for failing to report and on compliance with pest control requirements.

Compliance under the Regulations is a mix of statutory deadlines, documentary requirements and discretionary approvals. The operational effect is to require reliable transaction-level data capture at sale, tight remittance cycles for intermediaries, clear forms and evidentiary standards for refunds and payment claims, and an approvals regime managed by the Industry Management Committee aligned with financial controls under the Financial Management Act 2006 (regs 6-7; regs 13-22; reg 25).