59Application of money

59 Application of money

(1) A payment made under section 58 in relation to a PHA commodity/service is subject to the condition that Plant 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 58(1)(a), (b) and (c); and (b) administering section 58 in relation to the making of the payments under that section.

Note: For further rules about these costs, see subsections (9) and (10).

Reimbursing Plant Health Australia (3) The second priority is to apply the payment in meeting, or reimbursing Plant Health Australia for meeting, costs Plant 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 plant 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 plant health body for the PHA commodity/service referred to in subsection (1); and (b) for the purpose of discharging a liability of that body to the Commonwealth under an emergency plant biosecurity response deed relating to the PHA commodity/service. (5) The fourth priority is to apply the payment in making a payment to the Commonwealth if the payment to the Commonwealth is: (a) on behalf of, and at the request of, a relevant plant health body for the PHA commodity/service referred to in subsection (1); and (b) for the purpose of discharging any liability of that body to the Commonwealth under an emergency plant biosecurity response deed relating to any other PHA commodity/service for which that body is a relevant plant health body. (6) If a body has a liability to the Commonwealth under an emergency plant biosecurity response deed relating to 2 or more PHA commodities/services for which the body is a relevant plant health body: (a) the body must determine a proportionate amount of the total liability for each of the PHA commodities/services; and (b) for subsections (4) and (5), the amount of the body’s liability in relation to each PHA commodity/service is the determined proportionate amount for that PHA commodity/service. Promotion or maintenance of health of plants, animals, fungi or algae (7) The fifth priority is to make payments to any person, in accordance with a request by a body that is a relevant plant health body for the PHA commodity/service referred to in subsection (1), for any purpose relating to the promotion or maintenance of the health of: (a) plants, animals, fungi or algae to which that PHA commodity/service relates; or (b) if the body is a relevant plant health body for any other PHA commodity/service—plants, animals, fungi or algae to which that other PHA commodity/service relates. When payment can be applied in accordance with lower priority (8) Plant Health Australia does not contravene the condition in subsection (1) by applying the payment in accordance with a lower priority if Plant 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 (9) The Secretary must give Plant Health Australia written notice of: (a) the amount of the costs referred to in subsection (2); and (b) the period within which Plant Health Australia must pay the amount under subsection (2). (10) If an amount payable by Plant 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.