49Application of money

49 Application of money

(1) A payment made under section 48 in relation to an AHA commodity/service is subject to the condition that Animal Health Australia must apply the payment in accordance with the priorities in this section. Payment of Commonwealth costs (2) The first priority is to apply the payment in making a payment to the Commonwealth of amounts equal to the Commonwealth’s costs in: (a) collecting or recovering the amounts covered by paragraphs 48(1)(a), (b) and (c); and (b) administering section 48 in relation to the making of the payments under that section.

Note: For further rules about these costs, see subsections (7) and (8).

Reimbursing Animal Health Australia (3) The second priority is to apply the payment in meeting, or reimbursing Animal Health Australia for meeting, costs Animal Health Australia incurs: (a) in receiving and applying the payment in accordance with the priorities in this section; and (b) before or in the financial year in which the payment is made. Discharging liability under emergency animal biosecurity response deed (4) The third priority is to apply the payment in making a payment to the Commonwealth if the payment to the Commonwealth is: (a) on behalf of a relevant animal health body for the AHA commodity/service; and (b) for the purpose of discharging a liability of that body to the Commonwealth under an emergency animal biosecurity response deed relating to the AHA commodity/service. Promotion or maintenance of health of animals, plants, fungi or algae and research and development (5) The fourth priority is to apply the payment, in accordance with a request by a relevant animal health body for the AHA commodity/service, in: (a) taking measures relating to the promotion or maintenance of the health of animals, plants, fungi or algae to which the AHA commodity/service relates; or (b) making a payment to an organisation that is concerned with research and development in relation to the AHA commodity/service. When payment can be applied in accordance with lower priority (6) Animal Health Australia does not contravene the condition in subsection (1) by applying the payment in accordance with a lower priority if Animal Health Australia cannot apply the payment in accordance with a higher priority. For this purpose, a priority in a later subsection is lower than a priority in an earlier subsection. Recovery of Commonwealth costs (7) The Secretary must give Animal Health Australia written notice of: (a) the amount of the costs referred to in subsection (2); and (b) the period within which Animal Health Australia must pay the amount under subsection (2). (8) If an amount payable by Animal Health Australia under subsection (2) remains unpaid at the end of that period, the amount: (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.