1Primary Industry Funding Schemes (Sheep Industry Fund) Regulations 2014

South Australia Primary Industry Funding Schemes (Sheep Industry Fund) Regulations 2014 under the Primary Industry Funding Schemes Act 1998

Contents Part 1—Preliminary 1 Short title 3 Interpretation Part 2—South Australian Sheep Industry Fund 4 South Australian Sheep Industry Fund 6 Contributions 7 Application of Fund 8 Certain persons not entitled to directly benefit from Fund 9 Exchange of information Part 4—Miscellaneous 14 False or misleading statements Legislative history

Part 1—Preliminary 1—Short title These regulations may be cited as the Primary Industry Funding Schemes (Sheep Industry Fund) Regulations 2014. 3—Interpretation (1) In these regulations— Act means the Primary Industry Funding Schemes Act 1998; collection agent means— (a) for a contract of sale if the sale is conducted by a stock agent—that stock agent; or (b) for a contract of sale if the sale is to a person who operates an abattoir (and the sale is not conducted by a stock agent)—that person; or (c) for a contract of sale if the sale is to a person who carries on a business involving the purchase of sheep for slaughter and the sale of the carcasses (and the sale is not conducted by a stock agent)—that person; contribution means a dog fence rebuild contribution or a general contribution; dog fence has the same meaning as in the Dog Fence Act 1946; Dog Fence Board means the Dog Fence Board established under the Dog Fence Act 1946; dog fence rebuild contribution—see regulation 6(1)(a); Fund—see regulation 4; general contribution—see regulation 6(1)(b); owner of sheep does not include a mortgagee of the sheep not in possession; quarter means any period of 3 months commencing on 1 January, 1 April, 1 July or 1 October; vendor of sheep means the owner of the sheep immediately prior to sale of the sheep. (2) A vendor of sheep is in default in relation to general contributions to the Fund if, within the immediately preceding 2 financial years— (a) all or some of the general contributions payable to the Fund in respect of contracts of sale of the vendor's sheep have not been paid; or (b) the vendor has been refunded general contributions from the Fund. Part 2—South Australian Sheep Industry Fund 4—South Australian Sheep Industry Fund (1) The South Australian Sheep Industry Fund (the Fund) continues in existence. Note— The Fund was established under the Primary Industry Funding Schemes (Sheep Industry Fund) Regulations 1999. (2) The Fund will be administered by the Minister. (3) The Fund consists of— (a) contributions paid or collected in accordance with these regulations; and (b) income of the Fund from investment; and (c) any other contributions received by the Minister for payment into the Fund. 6—Contributions (1) The following contributions must be paid to the Minister for payment into the Fund in respect of each contract of sale under which 5 or more sheep are sold for an average price of $5 or more per sheep: (a) a dog fence rebuild contribution of— (i) 12 cents per sheep; or (ii) if some other amount per sheep (which may be 0) is determined by the Minister by notice in the Gazette—that other amount; (b) a general contribution of 55 cents per sheep. (2) For the purposes of subregulation (1), if, in a financial year, a person enters into more than 1 contract with the same purchaser for the sale of less than 5 sheep, the contracts will be taken to be a single contract. (3) Subject to subregulation (4), the contributions must be paid by the vendor of the sheep. (4) If there is a collection agent for the contract of sale of sheep, the collection agent must pay the contributions on behalf of the vendor of the sheep. (5) The relevant collection agent or, in respect of a contract of sale for which there is no collection agent, the vendor of sheep must— (a) keep proper records relating to contracts of sale of sheep entered into by the person (either as principal or agent) and the contributions required to be made in respect of those contracts; and (b) make those records available for inspection at any reasonable time by a person authorised by the Minister for the purpose. (6) The relevant collection agent or, in the case of a contract of sale for which there is no collection agent, the vendor of sheep must— (a) within 14 days after the end of each quarter, furnish the Minister with a financial statement relating to the contributions arising from contracts of sale of sheep entered into by the person (either as principal or agent) during that quarter that— (i) is in the form, and contains the information, required by the Minister; and (ii) is, if the person has the necessary equipment, in an electronic form acceptable to the Minister; and (b) receive and forward to the Minister, with the quarterly financial statement required by paragraph (a), the required contributions for contracts of sale entered into during the quarter to which the financial statement relates. (7) A person who was the vendor of sheep at the time contributions became payable under this regulation in respect of a contract of sale may claim a refund from the Fund for— (a) dog fence rebuild contributions; or (b) general contributions, (or both) made in the financial year immediately preceding the financial year in which the person makes the claim in respect of contracts of sale of the person's sheep. (8) If a person, by written notice to the Minister, requests the Minister to refund contributions, the Minister must, on being satisfied that the person is entitled to the refund, pay to the person an amount determined in accordance with the following formula: