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This is a Bill, not an Act. For current law, see the Acts databases.
2002
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Plant
Health Australia (Plant Industries) Funding Bill
2002
No. ,
2002
(Agriculture, Fisheries and
Forestry)
A Bill for an Act to direct funds
to Plant Health Australia Limited, and for related purposes
Contents
Horticulture Marketing and Research and Development Services Act
2000 13
Primary Industries and Energy Research and Development Act
1989 13
A Bill for an Act to direct funds to Plant Health
Australia Limited, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Plant Health Australia (Plant Industries)
Funding Act 2002.
(1) Each provision of this Act specified in column 1 of the table
commences, or is taken to have commenced, on the day or at the time specified in
column 2 of the table.
|
Commencement information |
||
|---|---|---|
|
Column 1 |
Column 2 |
Column 3 |
|
Provision(s) |
Commencement |
Date/Details |
|
1. Sections 1 and 2 and anything in this Act not elsewhere covered by
this table |
The day on which this Act receives the Royal Assent |
|
|
2. Sections 3 to 13 |
The first 1 January, 1 April, 1 July or 1 October that
occurs on or after the day on which this Act receives the Royal Assent |
|
|
3. Schedule 1 |
At the same time as the provisions covered by item 2 of this
table |
|
Note: This table relates only to the provisions of this Act
as originally passed by the Parliament and assented to. It will not be expanded
to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table is for additional information that is not part
of this Act. This information may be included in any published version of this
Act.
In this Act:
fundable contribution liability, in relation to a Plant
Industry Member and a PHA year, means the amount of the Member’s yearly
contribution for the year, reduced by the total amount of any payments received
by PHA (otherwise than from the Commonwealth) to the extent they discharge the
liability to pay that contribution.
PHA means Plant Health Australia Limited, A.C.N. 092 607
997.
PHA late payment penalty means penalty payable under
section 15 of the Primary Industries Levies and Charges Collection Act
1991 in relation to a failure to pay PHA levy or charge by the time it
became due for payment.
PHA levy or charge means a levy or charge:
(a) that is imposed by regulations under Schedule 27 to the
Primary Industries (Excise) Levies Act 1999 and that is described in
those regulations as PHA Levy; or
(b) that is imposed by regulations under Schedule 14 to the
Primary Industries (Customs) Charges Act 1999 and that is described in
those regulations as PHA charge.
PHA plant product means a plant product on which PHA levy or
charge is imposed.
PHA year means a year for which PHA levy or charge is
imposed.
Plant Industry Member has the same meaning as it has in
PHA’s constitution.
primary levy or charge, on a PHA plant product for a PHA
year, means a levy or charge that is imposed on the plant product for the year
by or under the Primary Industries (Excise) Levies Act 1999 or the
Primary Industries (Customs) Charges Act 1999 and that satisfies
whichever of the following paragraphs applies:
(a) for a plant product that is a horticultural product within the meaning
of the Horticulture Marketing and Research and Development Services Act
2000:
(i) the levy or charge is covered by paragraph (a) or (b) of the
definition of research and development amounts in section 4
of that Act; and
(ii) the rate of levy or charge is greater than zero;
(b) for any other plant product:
(i) the levy or charge is attached to an R&D Corporation, or an
R&D Fund, within the meaning of the Primary Industries and Energy
Research and Development Act 1989; and
(ii) the rate of the levy or charge is greater than zero.
relevant Plant Industry Member, for a PHA plant product,
means the Plant Industry Member that the Minister declares is the designated
body for the plant product under:
(a) clause 13 of Schedule 27 to the Primary Industries
(Excise) Levies Act 1999; or
(b) clause 12 of Schedule 14 to the Primary Industries
(Customs) Charges Act 1999.
Note 1: For what happens if the Minister declares that a
particular Plant Industry Member is the designated body for 2 or more PHA plant
products, see section 10.
Note 2: For what happens if the Minister declares that 2 or
more Plant Industry Members are the designated bodies for the same PHA plant
product, see section 11.
total PHA levy or charge receipts, from a PHA plant product
for a PHA year, means the total amount of PHA levy or charge collected or
received by or on behalf of the Commonwealth in relation to the plant product
for the year (but not including any amounts paid by way of PHA late payment
penalty).
total PHA penalty receipts, from a PHA plant product for a
PHA year, means the total amount of PHA late payment penalty collected or
received by or on behalf of the Commonwealth in relation to the plant product
and year.
yearly contribution, for a Plant Industry Member for a PHA
year, means the sum of:
(a) the total annual subscription (by whatever name called) determined in
accordance with PHA’s constitution as being payable by the Plant Industry
Member to PHA for the year; and
(b) any other amounts that are determined in accordance with PHA’s
constitution, before the start of the year, as being payable by the Plant
Industry Member to PHA for the year.
Situation in which this section applies
(1) This section applies in relation to a PHA plant product and a PHA year
if there is a primary levy or charge on the plant product for the
year.
Commonwealth’s obligation to make a payment to PHA
(2) The Commonwealth is to pay to PHA:
(a) if the total PHA levy or charge receipts from the plant product for
the year exceed the relevant Plant Industry Member’s fundable contribution
liability for the year—an amount equal to that liability; or
(b) if the total PHA levy or charge receipts from the plant product for
the year are equal to, or less than, the relevant Plant Industry Member’s
fundable contribution liability—an amount equal to those total
receipts.
Payment to be used to discharge the Plant Industry Member’s
fundable contribution liability
(3) The payment to PHA is made subject to the condition that PHA must
apply the whole of the payment (disregarding any reduction due to set-off)
towards discharging the Plant Industry Member’s fundable contribution
liability for the year, and so much of the payment as is not so applied is
repayable by PHA to the Commonwealth.
Commonwealth’s obligation to pay PHA late payment
penalty
(4) If the Commonwealth makes a payment under paragraph (2)(a), the
Commonwealth is also to pay to PHA amounts equalling any amounts of PHA late
payment penalty:
(a) that relate to the liability to pay PHA levy or charge on the plant
product for the year; and
(b) that are collected or received by the Commonwealth at or before the
time by which the total amount of PHA levy or charge collected or received in
relation to the plant product for the year equals the relevant Plant Industry
Member’s fundable contribution liability for the year.
(5) If the Commonwealth makes a payment under paragraph (2)(b), the
Commonwealth is also to pay to PHA an amount equal to the total PHA penalty
receipts from the PHA plant product for the PHA year.
Situation in which this section applies
(1) This section applies in relation to a PHA plant product and a PHA year
if there is no primary levy or charge on the plant product for the
year.
Commonwealth’s obligation to make a payment to PHA
(2) The Commonwealth is to pay to PHA an amount equal to the total PHA
levy or charge receipts from the PHA plant product for the year.
Payment to be used to discharge the Plant Industry Member’s
fundable contribution liability
(3) The payment to PHA is made subject to the condition that PHA must
apply the whole of the payment (disregarding any reduction due to set-off)
towards discharging the Plant Industry Member’s fundable contribution
liability for the year, and (subject to subsection (4)) so much of the
payment as is not so applied is repayable by PHA to the Commonwealth.
(4) However, if the amount of the payment to PHA exceeds the Plant
Industry Member’s fundable contribution liability, subsection (3)
only applies to so much of the payment as equals the amount of that
liability.
Commonwealth’s obligation to pay PHA associated late payment
penalty
(5) The Commonwealth is also to pay to PHA an amount equal to the total
PHA penalty receipts from the PHA plant product for the PHA year.
Amounts payable to PHA under sections 4 and 5 are payable out of the
Consolidated Revenue Fund, which is appropriated accordingly.
Situation in which this section applies
(1) This section applies if the total PHA levy or charge receipts from a
PHA plant product (being a plant product on which there is a primary levy or
charge) for a PHA year, exceed the relevant Plant Industry Member’s
fundable contribution liability by an amount (the
excess).
Treatment of excess—horticultural products
(2) For a PHA plant product that is a horticultural product within the
meaning of the Horticulture Marketing and Research and Development Services
Act 2000, that Act applies as if:
(a) the excess; and
(b) so much of the total PHA penalty receipts from the plant product for
the year as exceeds the amount paid or payable to PHA under subsection
4(4);
were covered by the definition of research and development
amounts in section 4 of that Act.
Treatment of excess—other PHA plant products
(3) For any other PHA plant product, the Primary Industries and Energy
Research and Development Act 1989 applies as if:
(a) PHA levy or charge on the plant product for the year were attached to
the R&D Corporation or R&D Fund (within the meaning of that Act) to
which the primary levy or charge on the plant product for the year is attached;
and
(b) the research component of the PHA levy or charge so attached were an
amount equal to the excess; and
(c) so much (if any) of the total PHA penalty receipts from the plant
product for the year as exceeds the amount paid or payable to PHA under
subsection 4(4) were an amount of penalty referred to in subparagraph
30(1)(a)(iii) or 108(1)(a)(iii) of that Act (as the case requires) that is
attributable to the research component referred to in paragraph (b) of this
subsection.
PHA’s obligation to pay Commonwealth certain costs
(1) PHA must pay to the Commonwealth, in relation to a PHA plant product
and PHA year, amounts equalling:
(a) the costs the Commonwealth incurs in collecting or
recovering:
(i) the total PHA levy or charge receipts from the plant product for the
year; and
(ii) the total PHA penalty receipts from the plant product for the year;
and
(b) the costs the Commonwealth incurs in administering the following
provisions in relation to the plant product and year:
(i) sections 4 and 5 of this Act;
(ii) the Horticulture Marketing and Research and Development Services
Act 2000 as it applies because of subsection 7(2) of this Act;
(iii) the Primary Industries and Energy Research and Development Act
1989 as it applies because of subsection 7(3) of this Act.
Setting off liabilities under subsection (1) against liabilities
under sections 4 and 5
(2) The Commonwealth may set off an amount that is payable to it under
subsection (1) against an amount that is payable to PHA under
section 4 or 5.
The research and development Acts do not apply to these
expenses
(3) The following provisions do not apply to an expense incurred by the
Commonwealth to the extent that the expense is covered by
subsection (1):
(a) subsection 16(7) or paragraph 17(2)(d) of the Horticulture
Marketing and Research and Development Services Act 2000;
(b) section 34 or 113 of the Primary Industries and Energy
Research and Development Act 1989.
Situation in which this section applies
(1) This section applies if:
(a) a person pays an amount by way of PHA levy or charge or PHA late
payment penalty in relation to a PHA plant product and PHA year; and
(b) the Commonwealth refunds the amount (the refunded
amount) to the person.
Note: For example, the Commonwealth might refund an amount
because the person paid too much PHA levy or charge.
Other provisions of this Act apply as if the refunded amount had never
been paid
(2) The other provisions of this Act apply, and are taken always to have
applied, as if the refunded amount had never been paid to the
Commonwealth.
Note: This may, for example, lead to a result as provided
for in subsection (3) or (4).
Liability of PHA to repay overpayment
(3) If an amount paid to PHA before the refund (disregarding any reduction
due to set-off) under section 4 or 5 exceeded the amount that should have
been so paid to PHA (after taking account of the effect of subsection (2)),
PHA must pay to the Commonwealth an amount equal to the excess.
Setting off liabilities under subsection (3) against liabilities
under sections 4 and 5
(4) The Commonwealth may set off an amount that is payable to it under
subsection (3) against an amount that is payable to PHA under
section 4 or 5.
How the research and development Acts apply to the refunded
amount
(5) If an amount dealt with before the refund in accordance with
subsection 7(2) or (3) exceeded the amount that should have been so dealt with
under that section (after taking account of the effect of subsection (2)),
the following provisions apply to the refunded amount, to the extent of the
excess:
(a) subsection 16(7) or paragraph 17(2)(d) (as the case requires) of the
Horticulture Marketing and Research and Development Services Act
2000;
(b) section 35 or 114 (as the case requires) of the Primary
Industries and Energy Research and Development Act 1989.
Situation in which this section applies
(1) This section applies if the Minister declares that a particular Plant
Industry Member is the designated body for 2 or more PHA plant products (the
relevant plant products) under:
(a) clause 13 of Schedule 27 to the Primary Industries
(Excise) Levies Act 1999; or
(b) clause 12 of Schedule 14 to the Primary Industries
(Customs) Charges Act 1999.
PHA to advise what proportion of the yearly contribution relates to each
of the relevant plant products
(2) As soon as practicable after the Plant Industry Member’s yearly
contribution for a particular PHA year is known, PHA must, in relation to each
of the relevant plant products, advise the Minister what proportion (expressed
as a percentage or fraction) of the yearly contribution relates to that plant
product.
Minister to determine what proportion of the yearly contribution relates
to each of the relevant plant products
(3) The Minister must, by notice published in the Gazette,
determine, for each of the relevant plant products, what proportion (expressed
as a percentage or fraction) of the yearly contribution relates to that plant
product. The Minister must, in making the determination, have regard to
PHA’s advice (unless PHA has not provided advice).
A plant product’s relevant proportion
(4) The relevant proportion, for a particular one of the
relevant plant products, is the percentage or fraction determined by the
Minister under subsection (3) in relation to the plant product.
References to fundable contribution liability to be read as references
to the relevant proportion of that liability
(5) Sections 4, 5 and 7, as they apply in relation to a particular
one of the relevant plant products, have effect as if the references in those
provisions to the Plant Industry Member’s fundable contribution liability
were instead references to the relevant proportion of that liability.
Regulations may set out other modifications
(6) The regulations may set out other modifications of this Act, including
modifications of this section, that are to apply in situations to which this
section applies.
The regulations may set out modifications of this Act that are to apply
if the Minister declares that 2 or more Plant Industry Members are the
designated bodies for the same PHA plant product under:
(a) clause 13 of Schedule 27 to the Primary Industries
(Excise) Levies Act 1999; or
(b) clause 12 of Schedule 14 to the Primary Industries
(Customs) Charges Act 1999.
The Governor-General may make regulations prescribing all
matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving
effect to this Act.
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule concerned, and any
other item in a Schedule to this Act has effect according to its
terms.
Horticulture Marketing and
Research and Development Services Act 2000
1 Subsection 16(1) (note)
Omit “Note:”, substitute “Note 1:”.
2 At the end of subsection 16(1) (after note
1)
Add:
Note 2: See also subsection 7(2) of the Plant Health
Australia (Plant Industries) Funding Act 2002, which provides that
this Act applies to certain amounts of levy or charge (and related late payment
penalty) to which that Act applies.
Primary Industries and
Energy Research and Development Act 1989
3 At the end of subsection
30(1)
Add:
Note: See also subsection 7(3) of the Plant Health
Australia (Plant Industries) Funding Act 2002, which provides that
this Act applies to certain amounts of levy or charge (and related late payment
penalty) to which that Act applies.
4 At the end of subsection
108(1)
Add:
Note: See also subsection 7(3) of the Plant Health
Australia (Plant Industries) Funding Act 2002, which provides that
this Act applies to certain amounts of levy or charge (and related late payment
penalty) to which that Act applies.