16Commonwealth payments to the industry services body

16 Commonwealth payments to the industry services body

Payments equal to marketing amounts and research and development amounts (1) The Commonwealth must pay to the industry services body amounts equal to: (a) the marketing amounts; and (b) the research and development amounts.

Note: For the meanings of marketing amounts, research and development amounts and deed of agreement, see section 4.

“Matching” payments (2) The Commonwealth must also pay to the industry services body amounts equal to one‑half of the industry services body’s eligible R&D expenditure.

Note: For the meaning of eligible R&D expenditure, see section 4.

Amounts not payable (5) Amounts are not payable under subsections (1) and (2): (a) in circumstances in which the deed of agreement specifies the amounts are not payable; or (b) if those amounts have previously been paid to a body that was, at the time of the payment, an industry services body. Payments to be in accordance with deed of agreement (6) Amounts payable under subsections (1) and (2) are to be paid: (a) at the times and in the manner specified in relation to the payments in the deed of agreement; and (b) subject to any conditions specified in this Act or in the deed of agreement. Conditions on payments (7) It is a condition of each payment of an amount under subsection (1) or (2) that if the Commonwealth incurs an expense, or pays a refund, mentioned in paragraph 17(1)(d) or 17(2)(d) the industry services body must pay to the Commonwealth an amount equal to the amount of the expense or refund. (7A) Payments made to the industry services body during a particular financial year under subsection (2) are subject to the condition that, if: (a) before the end of 31 October next following the financial year, the Secretary determines the amount of the gross value of production of the horticultural industry for the financial year; and (b) as at the end of 31 October next following the financial year, the sum of the matching payments that were paid to the industry services body during the financial year exceeds 0.5% of the amount of the gross value of production of the horticultural industry for the financial year as determined by the Secretary; the industry services body will pay to the Commonwealth an amount equal to the excess.

Note 1: This ensures that the sum of the matching payments that are retained by the industry services body in relation to the financial year does not exceed 0.5% of the amount of the gross value of production of the horticultural industry for the financial year as determined by the Secretary.

Note 2: For the meaning of horticultural industry, see section 4.

(7B) If: (a) before the end of 31 October next following a financial year, the Secretary has not determined under subsection (7A) the amount of the gross value of production of the horticultural industry for the financial year; and (b) the Secretary has determined under subsection (7A) the amount of the gross value of production of the horticultural industry for the previous financial year; the Secretary is taken to have made, immediately before the end of that 31 October, a determination under subsection (7A) that the amount of the gross value of production of the horticultural industry for the financial year is equal to the amount of the gross value of production of the horticultural industry determined under subsection (7A) for the previous financial year. (7C) A determination made under subsection (7A) is not a legislative instrument. (7D) The regulations may provide for the way in which the Secretary is to determine the amount of the gross value of production of the horticultural industry for a financial year. (8) The industry services body must comply with any condition imposed on it by: (a) this Act; or (b) the deed of agreement; in respect of a payment of an amount under subsection (1) or (2). Recovery (8A) An amount payable under subsection (7A) by the industry services body: (a) is a debt due to the Commonwealth; and (b) may be recovered by the Minister, on behalf of the Commonwealth, by action in a court of competent jurisdiction. Set off (8B) If: (a) an amount (the first amount) is payable by the industry services body under subsection (7A); and (b) another amount (the second amount) is payable by the Commonwealth to the industry services body under subsection (1) or (2); the Minister may, on behalf of the Commonwealth, set off the whole or a part of the first amount against the whole or a part of the second amount. Amounts are paid from the Consolidated Revenue Fund (9) Amounts payable under subsections (1) and (2) are to be paid out of the Consolidated Revenue Fund, which is appropriated accordingly.