What it does
These regulations re-establish and govern a levy-funded research and development fund for the South Australian grain sector, called the Grain Industry Research and Development Fund (the Fund). They come into operation on 1 July 2024 (reg 2), continue the Fund created under the repealed 2013 regulations (reg 4(1)) and prescribe the mechanics for collection, administration, application and disclosure of information about levy payments. The Minister administers the Fund (reg 4(2)).
Mechanically, contributions are imposed on grain sold by a grain grower at a default rate of 0.12 per cent of the value of the grain (reg 5(1)(a)(i)), subject to alteration by the Minister by notice in the Gazette (reg 5(1)(a)(ii)). Contributions are payable by the purchaser of the grain on behalf of the grower (reg 5(1)(b)), must normally be remitted on a quarterly basis (reg 5(1)(c)) and fall due 28 days after the quarter or other approved period (reg 5(1)(d)). Purchasers must deduct the levy from the amount payable to the grower and keep records to evidence the sale and deduction, and make those records available for inspection by a person authorised by the Minister (reg 5(2)(a) and (b)). Each payment must be accompanied by a statement listing each grower’s name and address and, for each grower, the tonnage and value of grain sold in the period (reg 5(3)).
The Fund’s constitution and permissible uses are set out. The Fund consists of monies held on commencement, contributions collected under the repealed regulations and under these regulations, investment income and any other sums received by the Minister for payment into the Fund (reg 4(3)). The Minister may apply Fund monies to payments to the trustees of the South Australian Grains Industry Trust Fund for operating expenses, research and development into growing, harvesting, storage, processing and marketing of grain, dissemination and collection of relevant technical information and other trust purposes (reg 7(a)(i)-(v)), to other R&D-related purposes (reg 7(b)), to administration of the Fund (reg 7(c)), and to repay contributions under the refund rules (reg 7(d)).