Part 1
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Commonwealth act
This Act sets the rules for how compulsory levies from Australian primary industries are allocated and spent, directing funds to declared and statutory industry bodies (including Animal/Plant Health Australia) and the National Residue Survey. It narrowly confines uses—marketing, R&D, and residue testing—and requires funding agreements. The Commonwealth also matches R&D spending subject to caps. It affects primary producers, industry organisations, researchers, and consumers by governing industry-funded programs, biosecurity testing, and federal R&D support.
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Direct links to the current provisions in Primary Industries Levies and Charges Disbursement Act 2024.
This Act is the Primary Industries Levies and Charges Disbursement Act 2024.
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
<table cellspacing="0" cellpadding="0" style="width:355.55pt; margin-left:5.35pt; border-collapse:collapse"><thead><tr><td colspan="3" style="width:344.85pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Commencement information</span></p></td></tr><tr><td style="width:74.35pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Column 1</span></p></td><td style="width:180.7pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Column 2</span></p></td><td style="width:68.4pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Column 3</span></p></td></tr><tr><td style="width:74.35pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Provisions</span></p></td><td style="width:180.7pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Commencement</span></p></td><td style="width:68.4pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Date/Details</span></p></td></tr></thead><tbody><tr><td style="width:74.35pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>1.</span><span> </span><span>Sections</span><span> </span><span>1 and 2 and anything in this Act not elsewhere covered by this table</span></p></td><td style="width:180.7pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>The day this Act receives the Royal Assent.</span></p></td><td style="width:68.4pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>9 July 2024</span></p></td></tr><tr><td style="width:74.35pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>2.</span><span> </span><span>Sections</span><span> </span><span>3 to 37</span></p></td><td style="width:180.7pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>1</span><span> </span><span>January 2025.</span></p></td><td style="width:68.4pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>1</span><span> </span><span>January 2025</span></p></td></tr><tr><td style="width:74.35pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>3.</span><span> </span><span>Section</span><span> </span><span>38</span></p></td><td style="width:180.7pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>The day after this Act receives the Royal Assent.</span></p></td><td style="width:68.4pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>10 July 2024</span></p></td></tr><tr><td style="width:74.35pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>4.</span><span> </span><span>Sections</span><span> </span><span>39 to 41</span></p></td><td style="width:180.7pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>1</span><span> </span><span>January 2025.</span></p></td><td style="width:68.4pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>1</span><span> </span><span>January 2025</span></p></td></tr><tr><td style="width:74.35pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>5.</span><span> </span><span>Section</span><span> </span><span>42</span></p></td><td style="width:180.7pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>The day after this Act receives the Royal Assent.</span></p></td><td style="width:68.4pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>10 July 2024</span></p></td></tr><tr><td style="width:74.35pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>6.</span><span> </span><span>Sections</span><span> </span><span>43 to 90</span></p></td><td style="width:180.7pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>1</span><span> </span><span>January 2025.</span></p></td><td style="width:68.4pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>1</span><span> </span><span>January 2025</span></p></td></tr></tbody></table>
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
General
This Act provides for payments to declared recipient bodies, statutory recipient bodies, Animal Health Australia and Plant Health Australia and for crediting of amounts to the National Residue Survey Special Account.
Payments to declared recipient bodies and statutory recipient bodies
The Commonwealth must pay to declared recipient bodies and statutory recipient bodies amounts connected with various levies and charges collected under rules made under the Collection Act.
The bodies must spend the payments on various activities, including research and development activities and marketing activities for the benefit of primary industries.
The Commonwealth must also make matching payments to the bodies, based on amounts of expenditure on research and development activities or certain other activities by the bodies and on gross value of production amounts.
The bodies must spend the matching payments on various activities, including research and development activities for the benefit of primary industries.
Payments to Animal Health Australia and Plant Health Australia
The Commonwealth must pay to Animal Health Australia and Plant Health Australia amounts connected with various levies and charges collected under rules made under the Collection Act.
Animal Health Australia and Plant Health Australia must spend the payments on various activities, including activities relating to the promotion or maintenance of the health of plants, animals, fungi or algae.
National Residue Survey Special Account
There is a National Residue Survey Special Account.
There is credited to the Account amounts connected with various levies and charges collected under rules made under the Collection Act.
The main purpose of the Account is making payments for purposes relating to the following activities:
(a) the monitoring, testing and reporting of the level of contaminants in NRS products or the environment;
(b) the prevention of contamination in, and the management of risks associated with contamination of, NRS products.
(1) In this Act:
agricultural statistics body means:
(a) the part of the Department known as the Australian Bureau of Agricultural and Resource Economics and Sciences, unless paragraph (b) applies; or
(b) if the rules prescribe a body for the purposes of this paragraph—that body.
AHA commodity/service means the following:
(a) an animal product;
(b) a plant product, a fungus product or an algal product prescribed by the rules for the purposes of this paragraph;
(c) goods that are of a kind consumed by, or used in the maintenance or treatment of, animals;
(d) a service that facilitates the production of an animal product.
algae means macroalgae, microalgae or cyanobacteria, and includes seaweeds.
algal product means:
(a) an alga; or
(b) any part of an alga; or
(c) anything produced by an alga; or
(d) anything wholly or principally produced from, or wholly or principally derived from, an alga.
animal means any member, alive or dead, of the animal kingdom (other than a human being).
Animal Health Australia means Australian Animal Health Council Limited (ACN 071 890 956).
animal product means:
(a) an animal; or
(b) any part of an animal; or
(c) anything produced by an animal; or
(d) anything wholly or principally produced from, or wholly or principally derived from, an animal.
average Commonwealth main fishing industry GVP amount has the meaning given by section 30.
average declared fishery GVP amount has the meaning given by section 32.
average gross value of production amount has the meaning given by section 25.
average State/Territory main fishing industry GVP amount has the meaning given by section 31.
average total main fishing industry GVP amount has the meaning given by section 29.
charge means a charge imposed by regulations under the Primary Industries (Customs) Charges Act 2024.
civil penalty provision has the same meaning as in the Regulatory Powers Act.
Collection Act means the Primary Industries Levies and Charges Collection Act 2024.
Commonwealth entity has the same meaning as in the Public Governance, Performance and Accountability Act 2013.
Commonwealth main fishing industry GVP amount has the meaning given by section 30.
constitutional trade or commerce means trade or commerce:
(a) between Australia and a place outside Australia; or
(b) among the States; or
(c) between a State and a Territory; or
(d) between 2 Territories; or
(e) within a Territory.
declared fishery means a part of the fishing industry that is the subject of a declaration that is referred to in section 5 and is in force.
declared fishery expenditure amount has the meaning given by section 27.
declared fishery GVP amount has the meaning given by section 32.
declared fishery levy or charge, in relation to a declared fishery, is a levy or charge prescribed by the rules in relation to that fishery.
declared livestock export body has the meaning prescribed by the rules.
declared meat processor body has the meaning prescribed by the rules.
declared recipient body means a body that is the subject of a declaration in force under subsection 39(1).
designated primary industry sector, in relation to a declared recipient body or a statutory recipient body, means the following:
(a) each primary industry prescribed by the rules in relation to the body;
(b) each part of a primary industry, being a part prescribed by the rules in relation to the body.
Note: See also section 6 in relation to declared recipient bodies.
emergency animal biosecurity response deed means the following as in force from time to time:
(a) the government and livestock industry cost sharing deed in respect of emergency animal disease responses made by the Commonwealth and other parties, and executed by the Commonwealth in March 2002;
(b) a deed:
(i) that relates to an emergency biosecurity response; and
(ii) that is prescribed by the rules for the purposes of this subparagraph.
emergency plant biosecurity response deed means the following as in force from time to time:
(a) the Government and Plant Industry Cost Sharing Deed in respect of Emergency Plant Pest Responses, executed by the Commonwealth on 26 May 2005;
(b) a deed:
(i) that relates to an emergency biosecurity response; and
(ii) that is prescribed by the rules for the purposes of this subparagraph.
entrusted person means any of the following:
(a) the Minister;
(b) the Secretary;
(c) an APS employee in the Department;
(d) any other person who is employed or engaged by the Commonwealth to provide services to the Commonwealth in connection with the Department and who is covered by an authorisation in force under subsection (2);
(e) any other person who is:
(i) employed or engaged by the Commonwealth or a body corporate that is established by a law of the Commonwealth; and
(ii) in a class of persons prescribed by the rules for the purposes of this subparagraph.
fishing industry has the meaning prescribed by the rules.
funding agreement means an agreement in force under section 38 or 42.
fungus means any member, alive or dead, of the fungi kingdom, and includes yeasts, mushrooms and truffles.
fungus product means:
(a) a fungus; or
(b) any part of a fungus; or
(c) anything produced by a fungus; or
(d) anything wholly or principally produced from, or wholly or principally derived from, a fungus.
general collected amounts means amounts prescribed by the rules for the purposes of this definition.
gross value of production amount has the meaning given by section 25.
levy means a levy imposed by regulations under:
(a) the Primary Industries (Excise) Levies Act 2024; or
(b) the Primary Industries (Services) Levies Act 2024.
main fishing industry has the meaning prescribed by the rules.
marketing activities, in relation to a declared recipient body or a statutory recipient body, means the following:
(a) the marketing, advertising or promotion of:
(i) a designated primary industry sector in relation to that body; or
(ii) goods that are the produce, or that are derived from the produce, of a designated primary industry sector in relation to that body;
(b) activities incidental to such marketing, advertising or promotion.
marketing collected amounts means amounts prescribed by the rules for the purposes of this definition.
NRS products means:
(a) food products; or
(b) products that result from any of the following:
(i) agriculture or the cultivation of land;
(ii) the maintenance of animals for commercial purposes;
(iii) fishing or aquaculture;
(iv) hunting or trapping;
(v) horticulture;
(vi) any other primary industry activity; or
(c) any other products that are of a kind used as inputs to the production of products covered by paragraph (a) or (b);
whether or not the products have been subjected to any operation (including harvesting, chilling, freezing, drying, bottling, packing, canning and preserving).
nursery products includes trees, shrubs, plants, seeds, bulbs, corms, tubers, propagating material and plant tissue cultures, grown for ornamental purposes or for producing fruits, vegetables, nuts or cut flowers and foliage.
PHA commodity/service means the following:
(a) a plant product, a fungus product or an algal product;
(b) an animal product prescribed by the rules for the purposes of this paragraph;
(c) goods that are of a kind consumed by, or used in the maintenance or treatment of, plants, fungi or algae;
(d) goods that are for use in the production or preparation of nursery products;
(e) a service that facilitates the production of a plant product, a fungus product or an algal product.
plant means any member, alive or dead, of the plant kingdom.
Plant Health Australia means Plant Health Australia Limited (ACN 092 607 997).
plant product means:
(a) a plant; or
(b) any part of a plant; or
(c) anything produced by a plant; or
(d) anything wholly or principally produced from, or wholly or principally derived from, a plant.
primary industry has the meaning prescribed by the rules.
qualifying expenditure amount has the meaning given by section 24.
recipient body means a declared recipient body or a statutory recipient body.
Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.
relevant animal health body, for an AHA commodity/service, has the meaning given by section 7.
relevant fishing expenditure amount has the meaning given by section 26.
relevant NRS information means:
(a) information obtained or generated by a person in the course of, or for the purposes of, carrying out activities covered by paragraph 66(1)(a) and paid for with amounts debited from the National Residue Survey Special Account; or
(b) information obtained or generated by a person in the course of or for the purposes of:
(i) administering Part 5; or
(ii) assisting another person to administer Part 5.
relevant plant health body, for a PHA commodity/service, has the meaning given by section 8.
research and development has the meaning given by section 10.
research and development activity has the meaning given by section 9.
research and development collected amounts means amounts prescribed by the rules for the purposes of this definition.
rules means the rules made by the Minister under section 90.
Secretary means Secretary of the Department.
State or Territory body includes a Department of State, or an authority or agency, of a State or Territory.
State/Territory main fishing industry GVP amount has the meaning given by section 31.
statutory recipient body means the following:
(a) a research and development corporation established under regulations, or continued in existence under regulations, made for the purposes of section 8 of the Primary Industries Research and Development Act 1989;
(b) the Rural Industries Research and Development Corporation established under section 9 of the Primary Industries Research and Development Act 1989;
(c) Wine Australia.
total main fishing industry GVP amount has the meaning given by section 29.
(2) The Secretary may, in writing, authorise a person for the purposes of paragraph (d) of the definition of entrusted person in subsection (1).
The rules may declare part of the fishing industry, whether managed in whole or in part by or on behalf of the Commonwealth or a State or Territory, to be a declared fishery.
(1) The rules may: (a) prescribe a primary industry in relation to a declared recipient body only if the primary industry is a nationally significant one; or (b) prescribe a part of a primary industry in relation to a declared recipient body only if that part is a nationally significant one. (2) The following matters are relevant to whether a primary industry, or a part of a primary industry, is a nationally significant one: (a) the national presence of the primary industry or part, including the geographical factors affecting the extent of that presence; (b) the economic significance of the primary industry or part to the Australian economy; (c) the historical significance of the primary industry or part. (3) Subsection (2) does not limit the matters relevant to whether a primary industry, or a part of a primary industry, is a nationally significant one.
(1) For the purposes of this Act, relevant animal health body, for an AHA commodity/service, means a body determined in an instrument under subsection (2) in relation to the AHA commodity/service. (2) The Secretary may, by notifiable instrument, determine one or more bodies in relation to one or more specified AHA commodities/services. (3) The Secretary must not determine a body in relation to an AHA commodity/service unless: (a) the body is a member of Animal Health Australia; and (b) the Secretary is satisfied that the body represents an industry in relation to the AHA commodity/service.
(1) For the purposes of this Act, relevant plant health body, for a PHA commodity/service, means a body determined in an instrument under subsection (2) in relation to the PHA commodity/service. (2) The Secretary may, by notifiable instrument, determine one or more bodies in relation to one or more specified PHA commodities/services. (3) The Secretary must not determine a body in relation to a PHA commodity/service unless: (a) the body is a member of Plant Health Australia; and (b) the Secretary is satisfied that the body represents an industry in relation to the PHA commodity/service.
Research and development projects (1) A research and development activity, for a designated primary industry sector in relation to a declared recipient body or a statutory recipient body, is a project for research and development for that sector.
Note: For research and development, see section 10.
Extension (2) Another research and development activity, for a designated primary industry sector in relation to a declared recipient body or a statutory recipient body, is educating, informing or providing assistance to persons or bodies if: (a) the persons or bodies are engaged in aspects of that sector (including producing, processing, storing, transporting or marketing goods that are the produce, or that are derived from the produce, of that sector); and (b) that educating, informing or providing of assistance is to encourage or develop the capacity of the persons or bodies to adopt technical developments, innovations or technology arising from research and development in relation to that sector to improve those aspects. Development of persons (3) Another research and development activity, for a designated primary industry sector in relation to a declared recipient body or a statutory recipient body, is the development of persons to carry out or adopt research and development in relation to that sector. Communication or publication (4) Another research and development activity, for a designated primary industry sector in relation to a declared recipient body or a statutory recipient body, is the communication or publication, in any form, of information that is related to research and development in relation to that sector. Incidental activities (5) Another research and development activity, for a designated primary industry sector in relation to a declared recipient body or a statutory recipient body, is an activity incidental to an activity covered by subsection (1), (2), (3) or (4).
(1) Research and development, for a designated primary industry sector in relation to a declared recipient body or a statutory recipient body, is the systematic experimentation or analysis in any field of science, technology, economics or business carried out with the object of: (a) acquiring knowledge that may be of use in achieving or furthering an objective of that sector; or (b) applying such knowledge for the purpose of achieving or furthering an objective of that sector. (2) Without limiting subsection (1), the systematic experimentation or analysis in a field referred to in that subsection includes the study of the social or environmental consequences of adopting technical developments, innovations or technology. (3) Without limiting paragraph (1)(a) or (b), an objective of a sector is improving: (a) the productivity of that sector; or (b) any aspect of the production, processing, storage, transport or marketing of goods that are the produce, or that are derived from the produce, of that sector.
(1) This Act binds the Crown in each of its capacities. (2) However, this Act does not make the Crown liable to be prosecuted for an offence.
This Act extends to every external Territory.
This Act extends to acts, omissions, matters and things outside Australia.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
This Act is the Primary Industries Levies and Charges Disbursement Act 2024.
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
<table cellspacing="0" cellpadding="0" style="width:355.55pt; margin-left:5.35pt; border-collapse:collapse"><thead><tr><td colspan="3" style="width:344.85pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Commencement information</span></p></td></tr><tr><td style="width:74.35pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Column 1</span></p></td><td style="width:180.7pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Column 2</span></p></td><td style="width:68.4pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Column 3</span></p></td></tr><tr><td style="width:74.35pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Provisions</span></p></td><td style="width:180.7pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Commencement</span></p></td><td style="width:68.4pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Date/Details</span></p></td></tr></thead><tbody><tr><td style="width:74.35pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>1.</span><span> </span><span>Sections</span><span> </span><span>1 and 2 and anything in this Act not elsewhere covered by this table</span></p></td><td style="width:180.7pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>The day this Act receives the Royal Assent.</span></p></td><td style="width:68.4pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>9 July 2024</span></p></td></tr><tr><td style="width:74.35pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>2.</span><span> </span><span>Sections</span><span> </span><span>3 to 37</span></p></td><td style="width:180.7pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>1</span><span> </span><span>January 2025.</span></p></td><td style="width:68.4pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>1</span><span> </span><span>January 2025</span></p></td></tr><tr><td style="width:74.35pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>3.</span><span> </span><span>Section</span><span> </span><span>38</span></p></td><td style="width:180.7pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>The day after this Act receives the Royal Assent.</span></p></td><td style="width:68.4pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>10 July 2024</span></p></td></tr><tr><td style="width:74.35pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>4.</span><span> </span><span>Sections</span><span> </span><span>39 to 41</span></p></td><td style="width:180.7pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>1</span><span> </span><span>January 2025.</span></p></td><td style="width:68.4pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>1</span><span> </span><span>January 2025</span></p></td></tr><tr><td style="width:74.35pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>5.</span><span> </span><span>Section</span><span> </span><span>42</span></p></td><td style="width:180.7pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>The day after this Act receives the Royal Assent.</span></p></td><td style="width:68.4pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>10 July 2024</span></p></td></tr><tr><td style="width:74.35pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>6.</span><span> </span><span>Sections</span><span> </span><span>43 to 90</span></p></td><td style="width:180.7pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>1</span><span> </span><span>January 2025.</span></p></td><td style="width:68.4pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>1</span><span> </span><span>January 2025</span></p></td></tr></tbody></table>
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
General
This Act provides for payments to declared recipient bodies, statutory recipient bodies, Animal Health Australia and Plant Health Australia and for crediting of amounts to the National Residue Survey Special Account.
Payments to declared recipient bodies and statutory recipient bodies
The Commonwealth must pay to declared recipient bodies and statutory recipient bodies amounts connected with various levies and charges collected under rules made under the Collection Act.
The bodies must spend the payments on various activities, including research and development activities and marketing activities for the benefit of primary industries.
The Commonwealth must also make matching payments to the bodies, based on amounts of expenditure on research and development activities or certain other activities by the bodies and on gross value of production amounts.
The bodies must spend the matching payments on various activities, including research and development activities for the benefit of primary industries.
Payments to Animal Health Australia and Plant Health Australia
The Commonwealth must pay to Animal Health Australia and Plant Health Australia amounts connected with various levies and charges collected under rules made under the Collection Act.
Animal Health Australia and Plant Health Australia must spend the payments on various activities, including activities relating to the promotion or maintenance of the health of plants, animals, fungi or algae.
National Residue Survey Special Account
There is a National Residue Survey Special Account.
There is credited to the Account amounts connected with various levies and charges collected under rules made under the Collection Act.
The main purpose of the Account is making payments for purposes relating to the following activities:
(a) the monitoring, testing and reporting of the level of contaminants in NRS products or the environment;
(b) the prevention of contamination in, and the management of risks associated with contamination of, NRS products.
(1) In this Act:
agricultural statistics body means:
(a) the part of the Department known as the Australian Bureau of Agricultural and Resource Economics and Sciences, unless paragraph (b) applies; or
(b) if the rules prescribe a body for the purposes of this paragraph—that body.
AHA commodity/service means the following:
(a) an animal product;
(b) a plant product, a fungus product or an algal product prescribed by the rules for the purposes of this paragraph;
(c) goods that are of a kind consumed by, or used in the maintenance or treatment of, animals;
(d) a service that facilitates the production of an animal product.
algae means macroalgae, microalgae or cyanobacteria, and includes seaweeds.
algal product means:
(a) an alga; or
(b) any part of an alga; or
(c) anything produced by an alga; or
(d) anything wholly or principally produced from, or wholly or principally derived from, an alga.
animal means any member, alive or dead, of the animal kingdom (other than a human being).
Animal Health Australia means Australian Animal Health Council Limited (ACN 071 890 956).
animal product means:
(a) an animal; or
(b) any part of an animal; or
(c) anything produced by an animal; or
(d) anything wholly or principally produced from, or wholly or principally derived from, an animal.
average Commonwealth main fishing industry GVP amount has the meaning given by section 30.
average declared fishery GVP amount has the meaning given by section 32.
average gross value of production amount has the meaning given by section 25.
average State/Territory main fishing industry GVP amount has the meaning given by section 31.
average total main fishing industry GVP amount has the meaning given by section 29.
charge means a charge imposed by regulations under the Primary Industries (Customs) Charges Act 2024.
civil penalty provision has the same meaning as in the Regulatory Powers Act.
Collection Act means the Primary Industries Levies and Charges Collection Act 2024.
Commonwealth entity has the same meaning as in the Public Governance, Performance and Accountability Act 2013.
Commonwealth main fishing industry GVP amount has the meaning given by section 30.
constitutional trade or commerce means trade or commerce:
(a) between Australia and a place outside Australia; or
(b) among the States; or
(c) between a State and a Territory; or
(d) between 2 Territories; or
(e) within a Territory.
declared fishery means a part of the fishing industry that is the subject of a declaration that is referred to in section 5 and is in force.
declared fishery expenditure amount has the meaning given by section 27.
declared fishery GVP amount has the meaning given by section 32.
declared fishery levy or charge, in relation to a declared fishery, is a levy or charge prescribed by the rules in relation to that fishery.
declared livestock export body has the meaning prescribed by the rules.
declared meat processor body has the meaning prescribed by the rules.
declared recipient body means a body that is the subject of a declaration in force under subsection 39(1).
designated primary industry sector, in relation to a declared recipient body or a statutory recipient body, means the following:
(a) each primary industry prescribed by the rules in relation to the body;
(b) each part of a primary industry, being a part prescribed by the rules in relation to the body.
Note: See also section 6 in relation to declared recipient bodies.
emergency animal biosecurity response deed means the following as in force from time to time:
(a) the government and livestock industry cost sharing deed in respect of emergency animal disease responses made by the Commonwealth and other parties, and executed by the Commonwealth in March 2002;
(b) a deed:
(i) that relates to an emergency biosecurity response; and
(ii) that is prescribed by the rules for the purposes of this subparagraph.
emergency plant biosecurity response deed means the following as in force from time to time:
(a) the Government and Plant Industry Cost Sharing Deed in respect of Emergency Plant Pest Responses, executed by the Commonwealth on 26 May 2005;
(b) a deed:
(i) that relates to an emergency biosecurity response; and
(ii) that is prescribed by the rules for the purposes of this subparagraph.
entrusted person means any of the following:
(a) the Minister;
(b) the Secretary;
(c) an APS employee in the Department;
(d) any other person who is employed or engaged by the Commonwealth to provide services to the Commonwealth in connection with the Department and who is covered by an authorisation in force under subsection (2);
(e) any other person who is:
(i) employed or engaged by the Commonwealth or a body corporate that is established by a law of the Commonwealth; and
(ii) in a class of persons prescribed by the rules for the purposes of this subparagraph.
fishing industry has the meaning prescribed by the rules.
funding agreement means an agreement in force under section 38 or 42.
fungus means any member, alive or dead, of the fungi kingdom, and includes yeasts, mushrooms and truffles.
fungus product means:
(a) a fungus; or
(b) any part of a fungus; or
(c) anything produced by a fungus; or
(d) anything wholly or principally produced from, or wholly or principally derived from, a fungus.
general collected amounts means amounts prescribed by the rules for the purposes of this definition.
gross value of production amount has the meaning given by section 25.
levy means a levy imposed by regulations under:
(a) the Primary Industries (Excise) Levies Act 2024; or
(b) the Primary Industries (Services) Levies Act 2024.
main fishing industry has the meaning prescribed by the rules.
marketing activities, in relation to a declared recipient body or a statutory recipient body, means the following:
(a) the marketing, advertising or promotion of:
(i) a designated primary industry sector in relation to that body; or
(ii) goods that are the produce, or that are derived from the produce, of a designated primary industry sector in relation to that body;
(b) activities incidental to such marketing, advertising or promotion.
marketing collected amounts means amounts prescribed by the rules for the purposes of this definition.
NRS products means:
(a) food products; or
(b) products that result from any of the following:
(i) agriculture or the cultivation of land;
(ii) the maintenance of animals for commercial purposes;
(iii) fishing or aquaculture;
(
This is an opening excerpt, not the complete document.