Primary Industry Funding Schemes (Apiary Industry Fund) Regulations 2016

These regulations establish and govern the South Australian Apiary Industry Fund (the Fund), set the contribution rate and timing for beekeepers when they apply for registration or renew registration, provide a limited refund procedure, specify permitted uses of the Fund, and create a narrow form of enforcement by denying Fund-funded benefits to persons in contribution default.

Mechanically, the instrument does the following (all citations are to the Primary Industry Funding Schemes (Apiary Industry Fund) Regulations 2016):

• Continues the Fund that was established under the earlier (revoked) regulations, and keeps administration with the Minister (regulation 4(1)-(2)).
• Defines the composition of the Fund to include legacy Beekeeper’s Compensation Fund moneys, contributions collected under the revoked regulations and these regulations, investment income and any other sums paid into the Fund (regulation 4(3)(a)-(e)).
• Imposes a contribution obligation of $1 per hive kept by a person on the date of an application for registration or renewal as a beekeeper, payable at the time of application, subject to specified exemptions (regulations 5(1)-(2), 5(5)).
• Permits beekeepers to claim a refund within 12 months after a registration period; a refund is payable if the Minister is satisfied and the refund is to be determined in accordance with a formula described in regulation 5(4) which defines the parameters used (regulations 5(3)-(4)). The instrument text available to this note defines the parameters for that formula but does not include the numeric form of the formula itself; the regulation nonetheless requires the Minister to pay an amount determined according to that formula.
• Allows the Minister to apply Fund moneys for apiary industry programs, Fund administration expenses and repayment of contributions (regulation 6(a)-(c)).
• Denies direct benefits or services funded by the Fund to persons who are in default in relation to contributions, with default defined by unpaid contributions or a prior refund within the immediately preceding two registration periods (regulation 7(1)-(2)).

The regulations also cross‑reference the Primary Industry Funding Schemes Act 1998 (the Act) and the Livestock Act 1997 for terms such as registration period and registration as a beekeeper (regulation 3, reg 5(6)). The legislative history records the revocation of the 2001 regulations and later variations in 2016 and 2021.

This instrument modifies the practical cost and administrative profile of registration for beekeepers by adding a $1 per hive levy payable on application or renewal, establishes the Fund as a dedicated pool administered by the Minister, and creates both a limited refund mechanism and an exclusion-as-enforcement rule tied to contribution compliance.

Key legal concepts and terms in these regulations are concise and cross‑linked to other statutes. The instrument defines its own short title and then, in regulation 3, supplies three foundational definitions:

• "Act" is the Primary Industry Funding Schemes Act 1998, which is the enabling statute; the Regulations operate under its authority (reg 3).
• "Fund" is defined by reference to regulation 4, which both continues and outlines the composition and administration of the South Australian Apiary Industry Fund (reg 3, reg 4).
• "Registration period" is the period for which a person is registered as a beekeeper under the Livestock Act 1997, tying eligibility and temporal rules for contributions and refunds to the Livestock Act registration cycles (reg 3).

Regulation 4 carries three connected concepts:

• Continuity: it explicitly continues the Fund that existed under the revoked 2001 regulations (reg 4(1)).
• Administration: it assigns administration to the Minister (reg 4(2)).
• Composition: it lists the financial sources that comprise the Fund, including transferred funds from the Beekeeper's Compensation Fund, contributions under both the revoked and current regulations, investment income and any other sums the Minister receives for the Fund (reg 4(3)(a)-(e)).

Regulation 5 establishes the contribution levy. The levy is per registration period (or part), calculated at $1 per hive kept at the date of application for registration or renewal (reg 5(1)). Payment must be made at the time of application (reg 5(2)). The regulation creates a refund mechanism within a 12 month claim window (reg 5(3)) and mandates that refunds be calculated according to a formula whose components are defined in the text (reg 5(4)). The exemptions in reg 5(5) exempt persons with fewer than five hives and certain hives used for approved educational or port-monitoring programs.

Regulation 6 states permissible uses of the Fund: programs relating to the apiary industry or apiary products or any other aspect of the industry the Minister considers will benefit the industry; administrative expenses of the Fund; and repayment of contributions to the Fund under regulation 5 (reg 6(a)-(c)).

Enforcement is not by criminal sanction in the text of these regulations, but by denying Fund-funded direct benefits or services to persons who are in default in relation to contributions. Default is narrowly defined to cover unpaid contributions or a prior refund in the immediately preceding two registration periods (reg 7(1)-(2)).

The primary group directly affected are persons who apply for registration or renewal as beekeepers under the Livestock Act 1997, because the contribution obligation is activated by such application or renewal (regulation 5(1)-(2)). The definition of "registration period" in regulation 3 links the temporal scope of liability and the refund window to the Livestock Act registration cycle.

Who pays

• Any person who makes an application for registration or renewal as a beekeeper must pay the $1 per hive contribution for each hive kept at the date of application, unless an exemption applies (reg 5(1), 5(2), 5(5)). The obligation is therefore imposed on applicants and renewing registrants, rather than on all hive owners independent of registration behaviour.

Who is exempt or excluded from paying

• Persons who, at the date of application, keep fewer than 5 hives are expressly exempt from the contribution requirement (reg 5(5)(a)).
• Hives kept for instruction in an educational institution approved by the Minister, and hives kept under a Minister-approved program at ports for disease monitoring, are also exempt (reg 5(5)(b)(i)-(ii)). The exemptions are subject to Ministerial approval, which creates an administrative gate controlled by the Minister (reg 5(5)(b)).

Who receives benefits

• The text does not list specific beneficiaries of Fund expenditures beyond referring to "programs relating to the apiary industry or apiary products or any other aspect of the apiary industry that the Minister considers will benefit the apiary industry" (reg 6(a)). That wording indicates intended beneficiaries are activities or persons engaged in the apiary industry, but the Minister determines what will benefit the industry.

Who is excluded from receiving benefits

• A person in default in relation to contributions is not entitled to receive direct benefits or services funded by payments from the Fund (reg 7(1)). Default is defined relative to the immediately preceding two registration periods: unpaid contributions or having been refunded a contribution constitutes default (reg 7(2)(a)-(b)). This rule affects persons who fail to pay required contributions, and persons who have claimed and received refunds within the lookback window, by disqualifying them from Fund-funded direct benefits and services.

Other institutional actors

• The Minister is the administrator of the Fund and therefore holds decision-making power on administration, approval of educational institutions or programs for exemptions, satisfaction for refunds, and the determination of which programs "will benefit" the industry under reg 6(a) (reg 4(2), reg 5(3)-(4), reg 5(5)(b), reg 6(a)). The Reserve Bank of Australia is referenced as the source for the annual short term interest rate used in the refund calculation (reg 5(4)(I) definition), which makes an external published figure part of the refund mechanics.

Duties

• Duty to pay the contribution: Subject to the exemptions, a person making an application for registration or renewal as a beekeeper must pay a contribution calculated at $1 for each hive kept by the person at the date of application for that registration period or part of a registration period (regulation 5(1)). This is the primary financial duty imposed by the regulations.

• Payment timing duty: The contribution must be paid at the time the application for registration or renewal is made (regulation 5(2)). The regulation ties compliance to the administrative moment of application.

• Duty to seek Ministerial approvals where relevant: Persons or institutions seeking exemption for educational or port-monitoring hives must have the approval of the Minister for the institution or program to secure the exemption (regulation 5(5)(b)(i)-(ii)). The regulations therefore import a duty to obtain administrative approval in those cases.

• Duty to keep records that support number of hives at the date of application and the registration period: While the regulations do not specify recordkeeping formats, the payment obligation tied to the number of hives "at the date of the application" (regulation 5(1)) and the refund mechanism requiring the number of whole months M for which the person was registered (regulation 5(4)) imply that claimants need documentation to substantiate refund claims.

Rights

• Right to refund under conditions: A person may, within 12 months following a registration period for which contributions were paid, make a written claim for a refund (regulation 5(3)). If the person satisfies the Minister that they are entitled, the Minister must pay an amount determined according to the formula specified by regulation 5(4). The right is conditional on Ministerial satisfaction and compliance with the claim window and process.

• Right to be administered by the Minister: The Fund is administered by the Minister, which centralises administrative authority for applications, exemptions, refunds and Fund expenditure decisions (regulation 4(2)). This is not a "right" in the conventional sense for private parties but does fix the decision-maker for exercise of delegated administrative discretions.

• Right to be exempt where statutory criteria met: Persons keeping fewer than five hives at the date of application, or persons with hives used for approved educational institutions or approved port-monitoring programs, have statutory exemptions from paying contributions (regulation 5(5)).

The regulations do not create criminal offences or financial penalties in the form of fines or penalties within their text. Instead, the instrument uses administrative exclusion from Fund-funded direct benefits and services as the principal enforcement mechanism. The relevant provisions are regulation 7(1) and 7(2).

Scope of enforcement

• Regulation 7(1) states that a person who is in default in relation to contributions to the Fund is not entitled to receive direct benefits or services funded by payments from the Fund. This is an explicit administrative sanction: loss of eligibility for Fund-funded services rather than a monetary fine or prosecution.

Definition and temporal scope of default

• Regulation 7(2) defines default with a two registration period lookback. A person is in default if, in the immediately preceding two registration periods, either:
  • all or some contributions payable by that person have not been paid (regulation 7(2)(a)); or
  • the person has been refunded a contribution from the Fund (regulation 7(2)(b)).
• The effect of the second limb is to disqualify persons who have obtained refunds in the prior two registration periods from receiving direct Fund-funded benefits, which mechanistically discourages successive refund claims followed by benefit claims in the short run.

Decision-maker for enforcement

• Administration, including enforcement of eligibility rules, rests with the Minister; regulation 4(2) assigns administration of the Fund to the Minister. The regulations do not set out a specific process for making a default determination, steps for notice, dispute resolution, or appeal rights within the text of this instrument. Any administrative procedural protections would therefore depend on general administrative law principles, the practices of the administering agency, or provisions in the enabling Act, the Primary Industry Funding Schemes Act 1998, which is referenced but not reproduced here (regulation 3).

Practical enforcement mechanics

• The immediate mechanics of enforcement are operational: Fund administrators must identify persons who are in default by reference to contribution payment records and refund records for the prior two registration periods. The regulations oblige payment at the time of application (regulation 5(2)), so a failure to pay at that time creates a record that can support an exclusion finding under reg 7(2)(a). A refund record will trigger exclusion under reg 7(2)(b).

The Regulations operate as subordinate legislation under the Primary Industry Funding Schemes Act 1998 (referred to as the Act in regulation 3). They also cross‑reference the Livestock Act 1997 and the Livestock Regulations 1998, and they deal with the continuation of monies originating from the repeal of the Apiaries Act 1931. The regulatory interactions recorded in the text are as follows.

Reference to enabling Act

• Regulation 3 defines "Act" as the Primary Industry Funding Schemes Act 1998, indicating that these Regulations are made under the authority of that Act. The Regulations must therefore be interpreted and applied in the context of the powers, limitations and procedural requirements found in the primary Act, although the text of the Act is not reproduced here.

Registration and timing linkage to Livestock Act

• The term "registration period" is defined in regulation 3 as a period for which a person is registered as a beekeeper under the Livestock Act 1997. Regulation 5(6) further makes "registration as a beekeeper" mean registration under section 17 of the Livestock Act 1997. Consequently, the timing of contribution obligations, refund windows and the two-period lookback for default are functionally tied to the registration cycles established by the Livestock Act. Any changes to registration timing or procedures under the Livestock Act will affect the operation of these Regulations.

Legacy funds and transfer from repealed Act

• Regulation 4(3)(a) states the Fund consists of "the amount in the Beekeeper's Compensation Fund on the repeal of the Apiaries Act 1931 paid into the Fund under the Livestock Regulations 1998". That shows a statutory money trail from the Apiaries Act repeal into the Livestock Regulations and then into the Fund, reflecting inter-legislative transfer of specific Fund moneys. It implies the Livestock Regulations 1998 were used to effect that transfer and that these Regulations continue the receipt and application of those sums.

Reference to Reserve Bank of Australia data

• The refund calculation parameters include "I is the annual short term interest for the financial year preceding the commencement of the registration period in respect of which the claim is made (as published by the Reserve Bank of Australia) expressed as a percentage" (regulation 5(4) definitions). This links the operation of the refund formula to an external, publicly published economic datum, embedding a monetary‑policy-related figure into the Regulations.

The Regulations record a concise legislative history showing the replacement of an earlier instrument and later variations. The legislative history entries in the provided text are as follows.

• The Primary Industry Funding Schemes (Apiary Industry Fund) Regulations 2016 (the principal regulations) were made as Statutory Instrument No 196 of 2016, gazetted 18 August 2016, with commencement noted at regulation 2 as 1 September 2016 (Gazette 18.8.2016 p3279, commencement 1.9.2016: r 2). The 2016 regulations revoked the Primary Industry Funding Schemes (Apiary Industry Fund) Regulations 2001 (see regulation 4(1) and the legislative history note "Legislation revoked by principal regulations").

• A later variation occurred in 2021 under Statutory Instrument No 133 of 2021, gazetted 2 September 2021, with commencement noted as 2 September 2021: r 2 (Gazette 2.9.2021 p3467). The legislative history identifies specific provisions varied by that instrument.

Specific variations recorded

• Regulation 2 was omitted under the Legislation Revision and Publication Act 2002, effective 2 September 2021 (the legislative history records "r 2 omitted under Legislation Revision and Publication Act 2002 2.9.2021"). That statutory revision mechanism likely removed a formal commencement provision as part of automatic legislative revision processes.

• Regulation 5 was varied by 133/2021 r 4(1) on 2 September 2021. The legislative history lists r 5 and r 5(1) as varied. The precise textual changes to r 5(1) are not reproduced in the text before you, but the history notes the variation.

• Regulation 5(5) was varied by 133/2021 r 4(2) on 2 September 2021; again the history records the variation without reproducing the pre- and post-change language in this instrument text.

• A "prescribed date" provision was deleted by 133/2021 r 4(3) on 2 September 2021, indicating that prior regulations contained a prescribed date that was later removed.

• Schedule 1 was omitted under the Legislation Revision and Publication Act 2002, effective 2 September 2021.

Revocation of earlier Regulations

• The 2016 instrument expressly revoked the Primary Industry Funding Schemes (Apiary Industry Fund) Regulations 2001. That revocation and the continuation clause in regulation 4(1) effect continuity of the Fund while updating the regulatory provisions.

The Regulations as provided contain no citations or references to case law, decisions or litigation. The legislative history and the text do not name any judicial or tribunal decisions, and there are no express notes of litigation in the instrument.

Implications for interpretation and enforcement

• The absence of litigation references in the instrument means there are no cases named within this text that clarify or interpret the Regulations’ provisions, procedural requirements, the refund formula, exemptions, or the exclusion-for-default rule. Practitioners seeking authoritative judicial pronouncements on contested points will need to search external case law databases or administrative decision repositories, because nothing within the Regulations themselves records such materials.

• Because the Regulations vest various discretions in the Minister (for example approval of educational institutions or programs, Ministerial satisfaction for refunds, decisions about which programs will benefit the apiary industry), questions about the scope and exercise of those discretions may eventually be litigated or subject to merits review. The lack of recorded litigation in the instrument means that, as of the instrument text provided, no precedent is cited within the Regulations to guide administrative decision-making or judicial review.

Practical steps in the absence of cited authorities

• Where a client requires authoritative guidance on ambiguous points (for example the precise interpretation of the refund formula as printed in local copies, the standard to be applied by the Minister in deciding refund claims, or procedural fairness obligations when denying Fund-funded benefits under regulation 7), the absence of named cases in the Regulations signals the need to:
  • Consult the consolidated Regulations and any explanatory materials published by the administering agency.
  • Check administrative decisions or tribunal determinations that may not be cited in the Regulations but which may exist in other public repositories.
  • Rely on general administrative law principles if a dispute over exercise of Ministerial discretion arises, noting that this instrument does not supply specific procedural protections.

Caveat about absence of litigation entries

• The legislative text here should not be read as definitive proof that no litigation has occurred; it only shows that the instrument itself does not record litigation history. For an exhaustive litigation history, an independent review of court and tribunal decisions, government administrative records and legal databases is necessary.

This section highlights specific textual features and operational points from the Regulations that commonly create surprises in practice. Each "gotcha" is grounded in the regulatory text and indicates where practitioners, beekeepers and administrators should take care.

1. Contribution is triggered by application, not by hive ownership alone

• The $1 per hive contribution is required "for each registration period (or part of a registration period) for which the person makes an application for registration or renewal of registration as a beekeeper" and is calculated on the number of hives kept "at the date of the application" (regulation 5(1)). If a person delays making the application, the obligation does not arise until the application is made, but the hive count is fixed to the application date. This creates a potential compliance pitfall if a registrant changes hive numbers between application and any administrative processing.

2. Payment timing is strict: at time of application

• The contribution "must be paid at the time the application for registration or renewal of registration as a beekeeper is made" (regulation 5(2)). Late payment could be recorded as non-payment for the registration period and therefore create a default situation under regulation 7(2)(a).

3. Exemption threshold is low but absolute at less than 5 hives

• The exemption for persons who keep "less than 5 hives" (regulation 5(5)(a)) is categorical. Counting errors around the threshold can therefore produce unexpected liability. There is no partial exemption; the person must have fewer than five hives to avoid the contribution.

4. Ministerial approvals are required for two key exemptions

• Hives kept "for the purposes of instruction in an educational institution approved by the Minister" and for "a program approved by the Minister involving the keeping of hives at ports and the monitoring of those hives to detect the presence of disease" are exempt (regulation 5(5)(b)(i)-(ii)). Those exemptions require express Ministerial approval. Practitioners should not assume an educational institution or port program qualifies automatically; an approval process exists and the text gives discretion to the Minister.

5. Refund formula parameters are defined but the numeric formula text is missing in this copy

This section sets out concrete compliance steps and documentation practices derived from the Regulations to reduce risk of non-compliance, loss of entitlements or administrative dispute. All steps reference the relevant provisions in the instrument.

1. Determine whether you are within the scope

• Confirm you are making an application for registration or renewal as a beekeeper under the Livestock Act 1997, because the contribution obligation applies to applicants or renewers (regulation 5(1), reg 5(6)). If you are not registered or not applying, the contribution in these Regulations does not immediately apply.

2. Establish your hive count at the date of application

• Count the number of hives you "keep" on the date you submit the application, because the levy is $1 per hive kept by the person at the date of the application (regulation 5(1)). The count should be contemporaneous and verifiable. Maintain records such as inventory logs, images, purchase receipts or movement records to substantiate the hive number if challenged.

3. Check whether you fall below the exemption threshold

• If you keep fewer than five hives at the date of application, you are exempt from the contribution (regulation 5(5)(a)). If so, prepare records that clearly show the hive count at the application date.

4. Seek Ministerial approval for institutional or program exemptions where applicable

• If hives are kept for instructional purposes within an educational institution or as part of a port-monitoring disease program, obtain written Ministerial approval to claim the exemption in regulation 5(5)(b)(i)-(ii). Keep the Minister’s written approval on file and attach it to your registration application as evidence of exemption status.

5. Pay the contribution at the time of application

• Ensure the contribution is paid "at the time the application for registration or renewal ... is made" (regulation 5(2)). Integrate the contribution payment into your application checklist or online form to avoid inadvertent late payment, which can be recorded as non-payment and create default under regulation 7(2)(a).

6. If seeking a refund, submit a written claim within 12 months and provide evidence

• A refund claim must be made "by notice in writing to the Minister, within the 12 months following a registration period in respect of which the person has paid contributions" (regulation 5(3)). File the written claim promptly with supporting evidence that demonstrates entitlement. Evidence should include proof of contributions paid (C), records of months registered in the registration period (M), and any other documentation the Minister may require. Note that the Minister must be satisfied the person is entitled before a refund is paid (regulation 5(4)).