21Spending of amounts equal to marketing collected amounts

21 Spending of amounts equal to marketing collected amounts

(1) If a statutory recipient body is paid amounts under section 15, then so much of those amounts as are equal to marketing collected amounts may be spent by the body only on matters covered by this section. Marketing activities (2) A matter is marketing activities, in relation to the body, where expenditure on those activities is: (a) for the benefit of a designated primary industry sector in relation to the body; and (b) in accordance with the body’s funding agreement; and (c) in accordance with the rules (if any). (3) Without limiting paragraph (2)(c), the rules may require expenditure by the body, of a part of the amounts equal to the marketing collected amounts, to be for the benefit of the designated primary industry sector prescribed by the rules. Commonwealth’s costs (4) A matter is making a payment to the Commonwealth under section 16 to the extent that the payment relates to: (a) meeting the Commonwealth’s costs in collecting or recovering the marketing collected amounts; or (b) meeting the Commonwealth’s costs in administering section 15 in relation to paying the amounts equal to the marketing collected amounts.

Note: Section 16 requires the body to pay to the Commonwealth amounts equal to those costs.

Refunds (5) A matter is making a payment to the Commonwealth under section 17 to the extent that the payment is attributable to a refund of an amount equal to the whole or a part of a marketing collected amount.

Note: Section 17 may require the body to pay to the Commonwealth amounts equal to certain refunds made by the Commonwealth.

Debts (6) A matter is making a payment of a debt (if any) mentioned in subsection 86(2), to the extent that the debt arose because of a purported payment under section 15 to the body of amounts equal to marketing collected amounts. General payments (7) A matter is doing the following: (a) paying or discharging expenses, charges, obligations and liabilities incurred by the body in the performance of its functions or the exercise of its powers; (b) paying remuneration, allowances, fees or expenses payable under the Primary Industries Research and Development Act 1989 or the Wine Australia Act 2013. (8) Paragraph (7)(a) does not apply to a matter covered by subsection 22(2), (4), (5) or (6). Matters prescribed by the rules (9) A matter is any matter that is prescribed by the rules for the purposes of this subsection in relation to the body. The rules may provide that expenditure by the body on the matter is subject to any conditions prescribed by the rules.