25Definition of average gross value of production amount

25 Definition of average gross value of production amount

(1) The average gross value of production amount, in relation to a recipient body to which subsection 23(1) applies, for a financial year (the relevant financial year) is the amount determined under subsection (2) of this section in relation to the recipient body for the relevant financial year.

Note: See subsections (8) to (12) for an exception to subsection (1).

(2) For the purposes of subsection (1), the Secretary must, by notifiable instrument, determine an amount in relation to the recipient body for the relevant financial year. The Secretary must do so as soon as practicable after the start of that year. Calculation is to be an average (3) That amount is to be the average of the gross value of production amounts, in relation to the body, for each of the last 3 financial years before the relevant financial year. (4) The Secretary must specify in the instrument under subsection (2) each gross value of production amount the Secretary used to determine that average. (5) The gross value of production amount, in relation to the body, for a financial year is the amount provided to the Secretary by the head of the agricultural statistics body as being the sum of the following: (a) the gross value of production in that year of all of the goods prescribed by the rules in relation to the body; (b) the gross value in that year of all of the services (if any) prescribed by the rules in relation to the body and provided in that year.

Note: For agricultural statistics body, see section 4.

(6) Without limiting paragraph (5)(a), the rules may prescribe goods by reference to: (a) the production of specified goods; or (b) goods produced by a specified primary industry or goods that are the produce of a specified primary industry. Effect of substituted gross value of production amounts (7) Once the Secretary has determined an amount under subsection (2) in relation to a recipient body for the relevant financial year: (a) the Secretary must, for the relevant financial year, disregard any amount provided to the Secretary by the head of the agricultural statistics body in substitution for a gross value of production amount in relation to the body; and (b) the Secretary must take the substituted amount into account in determining an amount under subsection (2) in relation to the body for each of the next 2 financial years after the relevant financial year. Alternative average gross value of production amount (8) The Secretary may, by notifiable instrument, determine that subsection (1) does not apply in relation to a specified recipient body and a specified financial year (the relevant financial year). The determination has effect accordingly. (9) The Secretary may make a determination under subsection (8) only if the Secretary is satisfied that the head of the agricultural statistics body is unable to provide the Secretary with the gross value of production amount, in relation to the body, for one or more of the last 3 financial years before the relevant financial year. (10) If the Secretary makes a determination under subsection (8), the Secretary must specify in that determination: (a) an amount that is the average gross value of production amount, in relation to the body, for the relevant financial year; and (b) the basis on which the Secretary specified that amount. (11) The amount covered by paragraph (10)(a) is the average gross value of production amount, in relation to the body, for the relevant financial year. (12) Without limiting paragraph (10)(b), the basis for specifying an amount in a determination may be one of the following: (a) the amount is the average of the gross value of production amounts, in relation to the body, for any 2 of the last 3 financial years before the relevant financial year; (b) the amount is the gross value of production amount, in relation to the body, for any of the last 3 financial years before the relevant financial year; (c) the amount is equal to an amount published in a publicly available document specified in the determination; (d) the amount is equal to an amount provided to the Secretary by a person or body specified in the determination.