PRIMARY INDUSTRIES LEVIES AND CHARGES DISBURSEMENT BILL 2023

2022-2023

The Parliament of the

Commonwealth of Australia

HOUSE OF REPRESENTATIVES

Presented and read a first time

Primary Industries Levies and Charges

Disbursement Bill 2023

No. , 2023

(Agriculture, Fisheries and Forestry)

A Bill for an Act relating to disbursing amounts

equal to levies and charges collected under the

Primary Industries Levies and Charges Collection

Act 2023

and disbursing certain other amounts, and

for related purposes

No. , 2023

Primary Industries Levies and Charges Disbursement Bill 2023

Contents

Part 1

Preliminary

Short title ........................................................................................... 1

Commencement ................................................................................. 2

Simplified outline of this Act ............................................................ 2

General definitions ............................................................................ 4

Declared fishery .............................................................................. 11

Designated primary industry sectors for

declared recipient

bodies .............................................................................................. 11

Definition of

relevant animal health body

....................................... 12

Definition of

relevant plant health body

.......................................... 12

Definition of

research and development activity

............................. 13

Definition of

research and development

.......................................... 14

Act binds Crown .............................................................................. 15

Extension of this Act to external Territories .................................... 15

Extra-territorial application of this Act ............................................ 15

Part 2

Funding for recipient bodies

Division 1

Simplified outline of this Part

Simplified outline of this Part .......................................................... 16

Division 2

Levy or charge payments

Subdivision A

Commonwealth to make levy or charge payments

Commonwealth to make levy or charge payments .......................... 17

Payment of Commonwealth costs.................................................... 17

Effect of refunds .............................................................................. 18

Subdivision B

Spending requirements for declared recipient

bodies

Spending of amounts equal to marketing collected amounts ........... 19

Spending of amounts equal to research and development

collected amounts ............................................................................ 21

Spending of amounts equal to general collected amounts ............... 22

Subdivision C

Spending requirements for statutory recipient

bodies

Spending of amounts equal to marketing collected amounts ........... 23

Spending of amounts equal to research and development

collected amounts ............................................................................ 25

Division 3

Matching payments

Primary Industries Levies and Charges Disbursement Bill 2023

No. , 2023

Subdivision A

Commonwealth to make matching payments to

most recipient bodies

Commonwealth to make matching payments .................................. 28

Definition of

qualifying expenditure amount

................................... 29

Definition of

average gross value of production amount

................ 31

Subdivision B

Commonwealth to make matching payments to

Fisheries Research and Development Corporation

Commonwealth to make matching payments in relation to

the fishing industry (except declared fisheries) ............................... 33

Commonwealth to make matching payments in relation to a

declared fishery ............................................................................... 41

Scope of Fisheries Research and Development Corporation's

expenditure amounts ........................................................................ 46

Definition of

average total main fishing industry GVP

amount

............................................................................................. 46

Definition of

average Commonwealth main fishing industry

GVP amount

.................................................................................... 47

Definition of

average State/Territory main fishing industry

GVP amount

.................................................................................... 48

Definition of

average declared fishery GVP amount

...................... 49

Subdivision C

Spending requirements for declared recipient

bodies

Spending of matching payments ...................................................... 50

Subdivision D

Spending requirements for statutory recipient

bodies

Spending of matching payments

statutory recipient bodies

except the Fisheries Research and Development Corporation ......... 51

Spending of matching payments

Fisheries Research and

Development Corporation ............................................................... 53

Division 4

Other payments to the Fisheries Research and

Development Corporation

Commonwealth to make other payments to the Fisheries

Research and Development Corporation ......................................... 55

Division 5

Appropriation

Appropriation .................................................................................. 57

Division 6

Funding agreements and recipient bodies

Subdivision A

Funding agreements and declared recipient

bodies

Funding agreements with companies ............................................... 58

Minister may declare bodies to be recipient bodies ......................... 59

No. , 2023

Primary Industries Levies and Charges Disbursement Bill 2023

iii

Minister may revoke declaration of a body as a recipient

body ................................................................................................. 60

Minister may give directions to declared recipient bodies ............... 63

Subdivision B

Funding agreements with statutory recipient

bodies

Funding agreements with statutory recipient bodies ........................ 64

Part 3

Funding for Animal Health Australia

Division 1

Simplified outline of this Part

Simplified outline of this Part .......................................................... 66

Division 2

Funding for Animal Health Australia

Subdivision A

Payments relating to biosecurity activity

Commonwealth to make payments

collected amounts

relating to biosecurity activity ......................................................... 67

Application of money ...................................................................... 67

Effect of refunds .............................................................................. 68

Recoverable payments

payment of debt ....................................... 70

Subdivision B

Payments relating to biosecurity response

Commonwealth to make payments

collected amounts

relating to biosecurity response ....................................................... 70

Application of money ...................................................................... 71

Effect of refunds .............................................................................. 72

Recoverable payments

payment of debt ....................................... 73

Subdivision C

Appropriation

Appropriation .................................................................................. 74

Part 4

Funding for Plant Health Australia

Division 1

Simplified outline of this Part

Simplified outline of this Part .......................................................... 75

Division 2

Funding for Plant Health Australia

Subdivision A

Payments relating to biosecurity activity

Commonwealth to make payments

collected amounts

relating to biosecurity activity ......................................................... 76

Application of money ...................................................................... 76

Effect of refunds .............................................................................. 77

Recoverable payments

payment of debt ....................................... 79

Subdivision B

Payments relating to biosecurity response

Commonwealth to make payments

collected amounts

relating to biosecurity response ....................................................... 79

Primary Industries Levies and Charges Disbursement Bill 2023

No. , 2023

Application of money ...................................................................... 80

Effect of refunds .............................................................................. 82

Recoverable payments

payment of debt ....................................... 83

Subdivision C

Appropriation

Appropriation .................................................................................. 83

Part 5

Funding and information management for the

National Residue Survey

Division 1

Simplified outline of this Part

Simplified outline of this Part .......................................................... 84

Division 2

Funding for National Residue Survey

National Residue Survey Special Account ...................................... 85

Credits to the National Residue Survey Special Account ................ 85

Purposes of the National Residue Survey Special Account ............. 86

Report about National Residue Survey Special Account ................. 87

Division 3

Information management

Subdivision A

Authorised uses and disclosures of relevant NRS

information

Use or disclosure for National Residue Survey activities etc. ......... 88

Use or disclosure for the purposes of other Acts ............................. 88

Disclosure to authorities of the Commonwealth, a State or

Territory .......................................................................................... 88

Disclosure to foreign governments etc. for export, trade and

other purposes.................................................................................. 89

Disclosure to persons holding an approval ...................................... 89

Disclosure for the purposes of law enforcement .............................. 90

Disclosure to a court, tribunal etc. ................................................... 91

Use or disclosure of statistics .......................................................... 91

Use or disclosure of publicly available information ........................ 92

Disclosure to person to whom information relates .......................... 92

Use or disclosure with consent ........................................................ 92

Disclosure to person who provided information .............................. 92

Use or disclosure authorised by rules .............................................. 92

Subdivision B

Protected information

Offence and civil penalty

use or disclosure of protected

information ...................................................................................... 93

Enforcement of civil penalty provisions .......................................... 95

Part 6

Other matters

Division 1

Simplified outline of this Part

No. , 2023

Primary Industries Levies and Charges Disbursement Bill 2023

Simplified outline of this Part .......................................................... 97

Division 2

Reconsideration and review of decisions

Internal reconsideration of decisions ............................................... 98

Administrative Appeals Tribunal review of decisions ................... 100

Division 3

Recoverable payments

101

Recoverable payments ................................................................... 101

Report about recoverable payments ............................................... 101

Division 4

Administrative provisions

103

Delegation by Minister .................................................................. 103

Delegation by Secretary................................................................. 103

Rules .............................................................................................. 103

No. , 2023

Primary Industries Levies and Charges Disbursement Bill 2023

A Bill for an Act relating to disbursing amounts

equal to levies and charges collected under the

Primary Industries Levies and Charges Collection

Act 2023

and disbursing certain other amounts, and

for related purposes

The Parliament of Australia enacts:

Part

1--Preliminary

1 Short title

This Act is the

Primary Industries Levies and Charges

Disbursement Act 2023

Part 1

Preliminary

Section 2

Primary Industries Levies and Charges Disbursement Bill 2023

No. , 2023

2 Commencement

(1) Each provision of this Act specified in column 1 of the table

commences, or is taken to have commenced, in accordance with

column 2 of the table. Any other statement in column 2 has effect

according to its terms.

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. Sections 1 and

2 and anything in

this Act not

elsewhere covered

by this table

The day this Act receives the Royal Assent.

2. Sections 3 to

1 January 2025.

1 January 2025

3. Section 38

The day after this Act receives the Royal

Assent.

4. Sections 39 to

1 January 2025.

1 January 2025

5. Section 42

The day after this Act receives the Royal

Assent.

6. Sections 43 to

1 January 2025.

1 January 2025

Note:

This table relates only to the provisions of this Act as originally

enacted. It will not be amended to deal with any later amendments of

this Act.

(2) Any information in column 3 of the table is not part of this Act.

Information may be inserted in this column, or information in it

may be edited, in any published version of this Act.

3 Simplified outline of this Act

General

Preliminary

Part 1

Section 3

No. , 2023

Primary Industries Levies and Charges Disbursement Bill 2023

This Act provides for payments to declared recipient bodies,

statutory recipient bodies, Animal Health Australia and Plant

Health Australia and for crediting of amounts to the National

Residue Survey Special Account.

Payments to declared recipient bodies and statutory recipient

bodies

The Commonwealth must pay to declared recipient bodies and

statutory recipient bodies amounts connected with various levies

and charges collected under rules made under the Collection Act.

The bodies must spend the payments on various activities,

including research and development activities and marketing

activities for the benefit of primary industries.

The Commonwealth must also make matching payments to the

bodies, based on amounts of expenditure on research and

development activities or certain other activities by the bodies and

on gross value of production amounts.

The bodies must spend the matching payments on various

activities, including research and development activities for the

benefit of primary industries.

Payments to Animal Health Australia and Plant Health Australia

The Commonwealth must pay to Animal Health Australia and

Plant Health Australia amounts connected with various levies and

charges collected under rules made under the Collection Act.

Animal Health Australia and Plant Health Australia must spend the

payments on various activities, including activities relating to the

promotion or maintenance of the health of plants, animals, fungi or

algae.

National Residue Survey Special Account

There is a National Residue Survey Special Account.

Part 1

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Section 4

Primary Industries Levies and Charges Disbursement Bill 2023

No. , 2023

There is credited to the Account amounts connected with various

levies and charges collected under rules made under the Collection

Act.

The main purpose of the Account is making payments for purposes

relating to the following activities:

(a) the monitoring, testing and reporting of the level of

contaminants in NRS products or the environment;

(b) the prevention of contamination in, and the management

of risks associated with contamination of, NRS products.

4 General definitions

(1) In this Act:

agricultural statistics body

means:

(a) the part of the Department known as the Australian Bureau of

Agricultural and Resource Economics and Sciences, unless

paragraph (b) applies; or

(b) if the rules prescribe a body for the purposes of this

paragraph

that body.

AHA commodity/service

means the following:

(a) an animal product;

(b) a plant product, a fungus product or an algal product

prescribed by the rules for the purposes of this paragraph;

maintenance or treatment of, animals;

(d) a service that facilitates the production of an animal product.

algae

means macroalgae, microalgae or cyanobacteria, and

includes seaweeds.

algal product

means:

(a) an alga; or

(b) any part of an alga; or

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Primary Industries Levies and Charges Disbursement Bill 2023

(d) anything wholly or principally produced from, or wholly or

principally derived from, an alga.

animal

means any member, alive or dead, of the animal kingdom

(other than a human being).

Animal Health Australia

means Australian Animal Health Council

Limited (ACN 071 890 956).

animal product

means:

(a) an animal; or

(b) any part of an animal; or

(d) anything wholly or principally produced from, or wholly or

principally derived from, an animal.

average Commonwealth main fishing industry GVP amount

has

the meaning given by section 30.

average declared fishery GVP amount

has the meaning given by

section 32.

average gross value of production amount

has the meaning given

by section 25.

average State/Territory main fishing industry GVP amount

has

the meaning given by section 31.

average total main fishing industry GVP amount

has the meaning

given by section 29.

charge

means a charge imposed by regulations under the

Primary

Industries (Customs) Charges Act 2023

civil penalty provision

has the same meaning as in the Regulatory

Powers Act.

Collection Act

means the

Primary Industries Levies and Charges

Collection Act 2023

Commonwealth entity

has the same meaning as in the

Public

Governance, Performance and Accountability Act 2013

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Section 4

Primary Industries Levies and Charges Disbursement Bill 2023

No. , 2023

Commonwealth main fishing industry GVP amount

has the

meaning given by section 30.

constitutional trade or commerce

means trade or commerce:

(a) between Australia and a place outside Australia; or

(b) among the States; or

(d) between 2 Territories; or

(e) within a Territory.

declared fishery

means a part of the fishing industry that is the

subject of a declaration that is referred to in section 5 and is in

force.

declared fishery expenditure amount

has the meaning given by

section 27.

declared fishery GVP amount

has the meaning given by

section 32.

declared fishery levy or charge

, in relation to a declared fishery, is

a levy or charge prescribed by the rules in relation to that fishery.

declared livestock export body

has the meaning prescribed by the

rules.

declared meat processor body

has the meaning prescribed by the

rules.

declared recipient body

means a body that is the subject of a

declaration in force under subsection 39(1).

designated primary industry sector

, in relation to a declared

recipient body or a statutory recipient body,

means the following:

(a) each primary industry prescribed by the rules in relation to

the body;

(b) each part of a primary industry, being a part prescribed by the

rules in relation to the body.

Note:

See also section 6 in relation to declared recipient bodies.

Preliminary

Part 1

Section 4

No. , 2023

Primary Industries Levies and Charges Disbursement Bill 2023

emergency animal biosecurity response deed

means the following

as in force from time to time:

(a) the government and livestock industry cost sharing deed in

respect of emergency animal disease responses made by the

Commonwealth and other parties, and executed by the

Commonwealth in March 2002;

(b) a deed:

(i) that relates to an emergency biosecurity response; and

(ii) that is prescribed by the rules for the purposes of this

subparagraph.

emergency plant biosecurity response deed

means the following as

in force from time to time:

(a) the Government and Plant Industry Cost Sharing Deed in

respect of Emergency Plant Pest Responses, executed by the

Commonwealth on 26 May 2005;

(b) a deed:

(i) that relates to an emergency biosecurity response; and

(ii) that is prescribed by the rules for the purposes of this

subparagraph.

entrusted person

means any of the following:

(a) the Minister;

(b) the Secretary;

(d) any other person who is employed or engaged by the

Commonwealth to provide services to the Commonwealth in

connection with the Department and who is covered by an

authorisation in force under subsection (2);

(e) any other person who is:

(i) employed or engaged by the Commonwealth or a body

corporate that is established by a law of the

Commonwealth; and

(ii) in a class of persons prescribed by the rules for the

purposes of this subparagraph.

fishing industry

has the meaning prescribed by the rules.

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Section 4

Primary Industries Levies and Charges Disbursement Bill 2023

No. , 2023

funding agreement

means an agreement in force under section 38

or 42.

fungus

means any member, alive or dead, of the fungi kingdom,

and includes yeasts, mushrooms and truffles.

fungus product

means:

(a) a fungus; or

(b) any part of a fungus; or

(d) anything wholly or principally produced from, or wholly or

principally derived from, a fungus.

general collected amounts

means amounts prescribed by the rules

for the purposes of this definition.

gross value of production amount

has the meaning given by

section 25.

levy

means a levy imposed by regulations under:

(a) the

Primary Industries (Excise) Levies Act 2023

; or

(b) the

Primary Industries (Services) Levies Act 2023

main fishing industry

has the meaning prescribed by the rules.

marketing activities

, in relation to a declared recipient body or a

statutory recipient body, means the following:

(a) the marketing, advertising or promotion of:

(i) a designated primary industry sector in relation to that

body; or

(ii) goods that are the produce, or that are derived from the

produce, of a designated primary industry sector in

relation to that body;

(b) activities incidental to such marketing, advertising or

promotion.

marketing collected amounts

means amounts prescribed by the

rules for the purposes of this definition.

NRS products

means:

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Section 4

No. , 2023

Primary Industries Levies and Charges Disbursement Bill 2023

(a) food products; or

(b) products that result from any of the following:

(i) agriculture or the cultivation of land;

(ii) the maintenance of animals for commercial purposes;

(iii) fishing or aquaculture;

(iv) hunting or trapping;

(v) horticulture;

(vi) any other primary industry activity; or

production of products covered by paragraph (a) or (b);

whether or not the products have been subjected to any operation

(including harvesting, chilling, freezing, drying, bottling, packing,

canning and preserving).

nursery products

includes trees, shrubs, plants, seeds, bulbs,

corms, tubers, propagating material and plant tissue cultures,

grown for ornamental purposes or for producing fruits, vegetables,

nuts or cut flowers and foliage.

PHA commodity/service

means the following:

(a) a plant product, a fungus product or an algal product;

(b) an animal product prescribed by the rules for the purposes of

this paragraph;

maintenance or treatment of, plants, fungi or algae;

(d) goods that are for use in the production or preparation of

nursery products;

(e) a service that facilitates the production of a plant product, a

fungus product or an algal product.

plant

means any member, alive or dead, of the plant kingdom.

Plant Health Australia

means Plant Health Australia Limited

(ACN 092 607 997).

plant product

means:

(a) a plant; or

(b) any part of a plant; or

Part 1

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Section 4

Primary Industries Levies and Charges Disbursement Bill 2023

No. , 2023

(d) anything wholly or principally produced from, or wholly or

principally derived from, a plant.

primary industry

has the meaning prescribed by the rules.

qualifying expenditure amount

has the meaning given by

section 24.

recipient body

means a declared recipient body or a statutory

recipient body.

Regulatory Powers Act

means the

Regulatory Powers (Standard

Provisions) Act 2014

relevant animal health body

, for an AHA commodity/service, has

the meaning given by section 7.

relevant fishing expenditure amount

has the meaning given by

section 26.

relevant NRS information

means:

(a) information obtained or generated by a person in the course

of, or for the purposes of, carrying out activities covered by

paragraph 66(1)(a) and paid for with amounts debited from

the National Residue Survey Special Account; or

(b) information obtained or generated by a person in the course

of or for the purposes of:

(i) administering Part 5; or

(ii) assisting another person to administer Part 5.

relevant plant health body

, for a PHA commodity/service, has the

meaning given by section 8.

research and development

has the meaning given by section 10.

research and development activity

has the meaning given by

section 9.

research and development collected amounts

means amounts

prescribed by the rules for the purposes of this definition.

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Part 1

Section 5

No. , 2023

Primary Industries Levies and Charges Disbursement Bill 2023

rules

means the rules made by the Minister under section 90.

Secretary

means Secretary of the Department.

State or Territory body

includes a Department of State, or an

authority or agency, of a State or Territory.

State/Territory main fishing industry GVP amount

has the

meaning given by section 31.

statutory recipient body

means the following:

(a) a research and development corporation established under

regulations, or continued in existence under regulations,

made for the purposes of section 8 of the

Primary Industries

Research and Development Act 1989

;

(b) the Rural Industries Research and Development Corporation

established under section 9 of the

Primary Industries

Research and Development Act 1989

;

total main fishing industry GVP amount

has the meaning given

by section 29.

(2) The Secretary may, in writing, authorise a person for the purposes

of paragraph (d) of the definition of

entrusted person

subsection (1).

5 Declared fishery

The rules may declare part of the fishing industry, whether

managed in whole or in part by or on behalf of the Commonwealth

or a State or Territory, to be a declared fishery.

6 Designated primary industry sectors for

declared recipient bodies

(1) The rules may:

(a) prescribe a primary industry in relation to a declared recipient

body only if the primary industry is a nationally significant

one; or

(b) prescribe a part of a primary industry in relation to a declared

recipient body only if that part is a nationally significant one.

Part 1

Preliminary

Section 7

Primary Industries Levies and Charges Disbursement Bill 2023

No. , 2023

(2) The following matters are relevant to whether a primary industry,

or a part of a primary industry, is a nationally significant one:

(a) the national presence of the primary industry or part,

including the geographical factors affecting the extent of that

presence;

(b) the economic significance of the primary industry or part to

the Australian economy;

(3) Subsection (2) does not limit the matters relevant to whether a

primary industry, or a part of a primary industry, is a nationally

significant one.

7 Definition of

relevant animal health body

(1) For the purposes of this Act,

relevant animal health body

, for an

AHA commodity/service, means a body determined in an

instrument under subsection (2) in relation to the AHA

commodity/service.

(2) The Secretary may, by notifiable instrument, determine one or

more bodies in relation to one or more specified AHA

commodities/services.

(3) The Secretary must not determine a body in relation to an AHA

commodity/service unless:

(a) the body is a member of Animal Health Australia; and

(b) the Secretary is satisfied that the body represents an industry

in relation to the AHA commodity/service.

8 Definition of

relevant plant health body

(1) For the purposes of this Act,

relevant plant health body

, for a PHA

commodity/service, means a body determined in an instrument

under subsection (2) in relation to the PHA commodity/service.

(2) The Secretary may, by notifiable instrument, determine one or

more bodies in relation to one or more specified PHA

commodities/services.

Preliminary

Part 1

Section 9

No. , 2023

Primary Industries Levies and Charges Disbursement Bill 2023

(3) The Secretary must not determine a body in relation to a PHA

commodity/service unless:

(a) the body is a member of Plant Health Australia; and

(b) the Secretary is satisfied that the body represents an industry

in relation to the PHA commodity/service.

9 Definition of

research and development activity

Research and development projects

(1) A

research and development activity

, for a designated primary

industry sector in relation to a declared recipient body or a

statutory recipient body, is a project for research and development

for that sector.

Note:

For

research and development

, see section 10.

Extension

(2) Another

research and development activity

, for a designated

primary industry sector in relation to a declared recipient body or a

statutory recipient body, is educating, informing or providing

assistance to persons or bodies if:

(a) the persons or bodies are engaged in aspects of that sector

(including producing, processing, storing, transporting or

marketing goods that are the produce, or that are derived

from the produce, of that sector); and

(b) that educating, informing or providing of assistance is to

encourage or develop the capacity of the persons or bodies to

adopt technical developments, innovations or technology

arising from research and development in relation to that

sector to improve those aspects.

Development of persons

(3) Another

research and development activity

, for a designated

primary industry sector in relation to a declared recipient body or a

statutory recipient body, is the development of persons to carry out

or adopt research and development in relation to that sector.

Part 1

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Section 10

Primary Industries Levies and Charges Disbursement Bill 2023

No. , 2023

Communication or publication

(4) Another

research and development activity

, for a designated

primary industry sector in relation to a declared recipient body or a

statutory recipient body, is the communication or publication, in

any form, of information that is related to research and

development in relation to that sector.

Incidental activities

(5) Another

research and development activity

, for a designated

primary industry sector in relation to a declared recipient body or a

statutory recipient body, is an activity incidental to an activity

covered by subsection (1), (2), (3) or (4).

10 Definition of

research and development

(1)

Research and development

, for a designated primary industry

sector in relation to a declared recipient body or a statutory

recipient body, is the systematic experimentation or analysis in any

field of science, technology, economics or business carried out

with the object of:

(a) acquiring knowledge that may be of use in achieving or

furthering an objective of that sector; or

(b) applying such knowledge for the purpose of achieving or

furthering an objective of that sector.

(2) Without limiting subsection (1), the systematic experimentation or

analysis in a field referred to in that subsection includes the study

of the social or environmental consequences of adopting technical

developments, innovations or technology.

(3) Without limiting paragraph (1)(a) or (b), an objective of a sector is

improving:

(a) the productivity of that sector; or

(b) any aspect of the production, processing, storage, transport or

marketing of goods that are the produce, or that are derived

from the produce, of that sector.

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Part 1

Section 11

No. , 2023

Primary Industries Levies and Charges Disbursement Bill 2023

11 Act binds Crown

(1) This Act binds the Crown in each of its capacities.

(2) However, this Act does not make the Crown liable to be prosecuted

for an offence.

12 Extension of this Act to external Territories

This Act extends to every external Territory.

13 Extra-territorial application of this Act

This Act extends to acts, omissions, matters and things outside

Australia.

Part 2

Funding for recipient bodies

Division 1

Simplified outline of this Part

Section 14

Primary Industries Levies and Charges Disbursement Bill 2023

No. , 2023

Part

2--Funding for recipient bodies

Division

1--Simplified outline of this Part

14 Simplified outline of this Part

The Commonwealth must pay to declared recipient bodies and

statutory recipient bodies amounts connected with various levies

and charges collected under rules made under the Collection Act.

The bodies must spend the payments on various activities,

including research and development activities and marketing

activities for the benefit of primary industries.

The Commonwealth must also make matching payments to the

bodies, based on amounts of expenditure on research and

development activities or certain other activities by the bodies and

on gross value of production amounts.

The bodies must spend the matching payments on various

activities, including research and development activities for the

benefit of primary industries.

The Minister may enter into funding agreements with the bodies.

Funding for recipient bodies

Part 2

Levy or charge payments

Division 2

Section 15

No. , 2023

Primary Industries Levies and Charges Disbursement Bill 2023

Division

2--Levy or charge payments

Subdivision A

Commonwealth to make levy or charge

payments

15 Commonwealth to make levy or charge payments

(1) The Commonwealth must pay to a recipient body amounts equal to

the following amounts that are received by or on behalf of the

Commonwealth:

(a) amounts of a levy or charge imposed by a provision

prescribed by the rules in relation to that body, to the extent

that those amounts are equal to the components of the rate of

that levy or charge prescribed by the rules;

(b) in relation to that levy or charge

amounts paid by a person

under rules made for the purposes of paragraph 10(1)(a) of

the Collection Act, to the extent that those amounts are equal

to those components;

Collection Act, to the extent that those amounts are

attributable to the non-payment of those components or of

amounts equal to those components.

(2) For the purposes of paragraph (1)(a), a provision prescribed by the

rules must be a provision of regulations made under:

(a) the

Primary Industries (Excise) Levies Act 2023

; or

(b) the

Primary Industries (Customs) Charges Act 2023

; or

Primary Industries (Services) Levies Act 2023

16 Payment of Commonwealth costs

Payment of Commonwealth costs

(1) A recipient body that is paid amounts under section 15 must pay to

the Commonwealth

amounts equal to the Commonwealth's costs

in:

(a) collecting or recovering the amounts covered by

paragraphs 15(1)(a), (b) and (c); and

Part 2

Funding for recipient bodies

Division 2

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Section 17

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(b) administering section 15 in relation to the making of the

payments to the body under that section.

(2) The Secretary must give the recipient body written notice of:

(a) the amount of those costs; and

(b) the period within which the body must pay the amount under

subsection (1).

Debt

(3) If an amount payable by a recipient body under subsection (1)

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.

17 Effect of refunds

Set-off

(1) If:

(a) an amount (the

received amount

) covered by

paragraph 15(1)(a), (b) or (c) is received by or on behalf of

the Commonwealth; and

(b) the Commonwealth pays to a recipient body under section 15

an amount equal to the received amount; and

amount equal to the whole or a part of the received amount;

the Commonwealth may set off an amount equal to the refund

against a payment the Commonwealth must make under section 15

to the body.

Note:

The Commonwealth might refund an amount because a person paid

too much levy or charge.

Notice requiring recipient body to pay amount to Commonwealth

(2) If the Commonwealth is not able to do so, the Secretary may give

the recipient body a written notice:

Funding for recipient bodies

Part 2

Levy or charge payments

Division 2

Section 18

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Primary Industries Levies and Charges Disbursement Bill 2023

(a) specifying the amount the Commonwealth is not able to set

off; and

(b) requiring the body to pay to the Commonwealth the amount

specified in the notice; and

amount specified in the notice.

Debt

(3) If the recipient body is required by a notice under subsection (2) to

pay an amount to the Commonwealth and an amount payable by

the body remains unpaid at the end of the period specified in the

notice, the amount unpaid:

(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.

Subdivision B

Spending requirements for declared recipient

bodies

18 Spending of amounts equal to marketing collected amounts

(1) If a declared recipient body is paid amounts under section 15, then

so much of those amounts as are equal to marketing collected

amounts may be spent by the body only on matters covered by this

section.

Marketing activities

(2) A matter is marketing activities, in relation to the body, where

expenditure on those activities is:

(a) for the benefit of a designated primary industry sector in

relation to the body; and

(b)

in accordance with the body's funding agreement

; and

(3) Without limiting paragraph (2)(c), the rules may require

expenditure by the body, of a part of the amounts equal to the

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Section 18

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marketing collected amounts, to be for the benefit of the designated

primary industry sector prescribed by the rules.

Commonwealth's costs

(4) A matter is making a payment to the Commonwealth under

section 16 to the extent that the payment relates to:

(a)

meeting the Commonwealth's costs in collecting or

recovering the marketing collected amounts; or

(b)

meeting the Commonwealth's costs in administering

section 15 in relation to paying the amounts equal to the

marketing collected amounts.

Note:

Section 16 requires the body to pay to the Commonwealth amounts

equal to those costs.

Refunds

(5) A matter is making a payment to the Commonwealth under

section 17 to the extent that the payment is attributable to a refund

of an amount equal to the whole or a part of a marketing collected

amount.

Note:

Section 17 may require the body to pay to the Commonwealth

amounts equal to certain refunds made by the Commonwealth.

Debts

(6) A matter is making a payment of a debt (if any) mentioned in

subsection 86(2), to the extent that the debt arose because of a

purported payment under section 15 to the body of amounts equal

to marketing collected amounts.

Matters prescribed by the rules

(7) A matter is any matter that is prescribed by the rules for the

purposes of this subsection in relation to:

(a) the body; and

(b) a designated primary industry sector in relation to the body.

The rules may provide that expenditure by the body on the matter

is subject to any conditions prescribed by the rules.

Funding for recipient bodies

Part 2

Levy or charge payments

Division 2

Section 19

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19 Spending of amounts equal to research and development

collected amounts

(1) If a declared recipient body is paid amounts under section 15, then

so much of those amounts as are equal to research and

development collected amounts may be spent by the body only on

matters covered by this section.

Research and development activities

(2) A matter is research and development activities, for a designated

primary industry sector in relation to the body, where expenditure

on those activities is:

(a) for the benefit of that sector; and

(b) in

accordance with the body's funding agreement

; and

(3) Without limiting paragraph (2)(c), the rules may require

expenditure by the body, of a part of the amounts equal to the

research and development collected amounts, to be for the benefit

of the designated primary industry sector prescribed by the rules.

Commonwealth's costs

(4) A matter is making a payment to the Commonwealth under

section 16 to the extent that the payment relates to:

(a) meeting

the Commonwealth's costs in collecting or

recovering the research and development collected amounts;

(b) meeting

the Commonwealth's costs in administering

section 15 in relation to paying the amounts equal to the

research and development collected amounts.

Note:

Section 16 requires the body to pay to the Commonwealth amounts

equal to those costs.

Refunds

(5) A matter is making a payment to the Commonwealth under

section 17 to the extent that the payment is attributable to a refund

Part 2

Funding for recipient bodies

Division 2

Levy or charge payments

Section 20

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of an amount equal to the whole or a part of a research and

development collected amount.

Note:

Section 17 may require the body to pay to the Commonwealth

amounts equal to certain refunds made by the Commonwealth.

Debts

(6) A matter is making a payment of a debt (if any) mentioned in

subsection 86(2), to the extent that the debt arose because of a

purported payment under section 15 to the body of amounts equal

to research and development collected amounts.

Matters prescribed by the rules

(7) A matter is any matter that is prescribed by the rules for the

purposes of this subsection in relation to:

(a) the body; and

(b) a designated primary industry sector in relation to the body.

The rules may provide that expenditure by the body on the matter

is subject to any conditions prescribed by the rules.

20 Spending of amounts equal to general collected amounts

(1) If a declared recipient body is paid amounts under section 15, then

so much of those amounts as are equal to general collected

amounts may be spent by the body only on matters covered by this

section.

Matters prescribed by the rules

(2) A matter is any matter that is prescribed by the rules for the

purposes of this subsection in relation to:

(a) the body; and

(b) a designated primary industry sector in relation to the body.

The rules may provide that expenditure by the body on the matter

is subject to any conditions prescribed by the rules.

Funding for recipient bodies

Part 2

Levy or charge payments

Division 2

Section 21

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Commonwealth's costs

(3) A matter is making a payment to the Commonwealth under

section 16 to the extent that the payment relates to:

(a)

meeting the Commonwealth's costs in collecting or

recovering the general collected amounts; or

(b)

meeting the Commonwealth's costs in administering

section 15 in relation to paying the amounts equal to the

general collected amounts.

Note:

Section 16 requires the body to pay to the Commonwealth amounts

equal to those costs.

Refunds

(4) A matter is making a payment to the Commonwealth under

section 17 to the extent that the payment is attributable to a refund

of an amount equal to the whole or a part of a general collected

amount.

Note:

Section 17 may require the body to pay to the Commonwealth

amounts equal to certain refunds made by the Commonwealth.

Debts

(5) A matter is making a payment of a debt (if any) mentioned in

subsection 86(2), to the extent that the debt arose because of a

purported payment under section 15 to the body of amounts equal

to general collected amounts.

Subdivision C

Spending requirements for statutory recipient

bodies

21 Spending of amounts equal to marketing collected amounts

(1) If a statutory recipient body is paid amounts under section 15, then

so much of those amounts as are equal to marketing collected

amounts may be spent by the body only on matters covered by this

section.

Part 2

Funding for recipient bodies

Division 2

Levy or charge payments

Section 21

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No. , 2023

Marketing activities

(2) A matter is marketing activities, in relation to the body, where

expenditure on those activities is:

(a) for the benefit of a designated primary industry sector in

relation to the body; and

(b) in accordance with the bo

dy's funding agreement

; and

(3) Without limiting paragraph (2)(c), the rules may require

expenditure by the body, of a part of the amounts equal to the

marketing collected amounts, to be for the benefit of the designated

primary industry sector prescribed by the rules.

Commonwealth's costs

(4) A matter is making a payment to the Commonwealth under

section 16 to the extent that the payment relates to:

(a)

meeting the Commonwealth's costs in collecting or

recovering the marketing collected amounts; or

(b)

meeting the Commonwealth's costs in administering

section 15 in relation to paying the amounts equal to the

marketing collected amounts.

Note:

Section 16 requires the body to pay to the Commonwealth amounts

equal to those costs.

Refunds

(5) A matter is making a payment to the Commonwealth under

section 17 to the extent that the payment is attributable to a refund

of an amount equal to the whole or a part of a marketing collected

amount.

Note:

Section 17 may require the body to pay to the Commonwealth

amounts equal to certain refunds made by the Commonwealth.

Debts

(6) A matter is making a payment of a debt (if any) mentioned in

subsection 86(2), to the extent that the debt arose because of a

Funding for recipient bodies

Part 2

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Division 2

Section 22

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Primary Industries Levies and Charges Disbursement Bill 2023

purported payment under section 15 to the body of amounts equal

to marketing collected amounts.

General payments

(7) A matter is doing the following:

(a) paying or discharging expenses, charges, obligations and

liabilities incurred by the body in the performance of its

functions or the exercise of its powers;

(b) paying remuneration, allowances, fees or expenses payable

under the

Primary Industries Research and Development Act

1989

or the

Wine Australia Act 2013

(8) Paragraph (7)(a) does not apply to a matter covered by

subsection 22(2), (4), (5) or (6).

Matters prescribed by the rules

(9) A matter is any matter that is prescribed by the rules for the

purposes of this subsection in relation to the body. The rules may

provide that expenditure by the body on the matter is subject to any

conditions prescribed by the rules.

22 Spending of amounts equal to research and development

collected amounts

(1) If a statutory recipient body is paid amounts under section 15, then

so much of those amounts as are equal to research and

development collected amounts may be spent by the body only on

matters covered by this section.

Research and development activities

(2) A matter is research and development activities, for a designated

primary industry sector in relation to the body, where expenditure

on those activities is:

(a) for the benefit of that sector; and

(b)

in accordance with the body's

funding agreement and annual

operational plan; and

Part 2

Funding for recipient bodies

Division 2

Levy or charge payments

Section 22

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(3) Without limiting paragraph (2)(c), the rules may require

expenditure by the body, of a part of the amounts equal to the

research and development collected amounts, to be for the benefit

of the designated primary industry sector prescribed by the rules.

Commonwealth's costs

(4) A matter is making a payment to the Commonwealth under

section 16 to the extent that the payment relates to:

(a)

meeting the Commonwealth's costs in collecting or

recovering the research and development collected amounts;

(b)

meeting the Commonwealth's costs in administer

ing

section 15 in relation to paying the amounts equal to the

research and development collected amounts.

Note:

Section 16 requires the body to pay to the Commonwealth amounts

equal to those costs.

Refunds

(5) A matter is making a payment to the Commonwealth under

section 17 to the extent that the payment is attributable to a refund

of an amount equal to the whole or a part of a research and

development collected amount.

Note:

Section 17 may require the body to pay to the Commonwealth

amounts equal to certain refunds made by the Commonwealth.

Debts

(6) A matter is making a payment of a debt (if any) mentioned in

subsection 86(2), to the extent that the debt arose because of a

purported payment under section 15 to the body of amounts equal

to research and development collected amounts.

General payments for some statutory recipient bodies

(7) For a statutory recipient body (except Wine Australia), a matter is

doing the following:

Funding for recipient bodies

Part 2

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Division 2

Section 22

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Primary Industries Levies and Charges Disbursement Bill 2023

(a) paying or discharging expenses, charges, obligations and

liabilities incurred by the body in the performance of its

functions or the exercise of its powers;

(b) paying remuneration, allowances, fees or expenses payable

under the

Primary Industries Research and Development Act

1989

(8) Paragraph (7)(a) does not apply to a matter covered by

subsection 21(2), (4), (5) or (6).

Matters prescribed by the rules

(9) A matter is any matter that is prescribed by the rules for the

purposes of this subsection in relation to the body. The rules may

provide that expenditure by the body on the matter is subject to any

conditions prescribed by the rules.

Part 2

Funding for recipient bodies

Division 3

Matching payments

Section 23

Primary Industries Levies and Charges Disbursement Bill 2023

No. , 2023

Division

3--Matching payments

Subdivision A

Commonwealth to make matching payments to

most recipient bodies

23 Commonwealth to make matching payments

(1) The Commonwealth must pay to a recipient body, in relation to a

financial year (the

relevant financial year

), amounts that in total

are equal to the lesser of the following:

(a) the amount (the

expenditure limit

) equal to 50% of the

body's

qualifying expenditure amount for the relevant

financial year;

(b) the amount (the

GVP limit

) equal to 0.5% of the average

gross value of production amount, in relation to the body, for

the relevant financial year.

Note 1:

For

qualifying expenditure amount

, see section 24 and for

average

gross value of production amount

see section 25.

Note 2:

For spending requirements for amounts paid under subsection (1), see

sections 33 and 34.

Example 1: Assume for the 2025-26 financial year a

recipient body's

qualifying

expenditure amount is $2 million. The expenditure limit is $1 million.

Assume the GVP limit is $1.2 million.

Since the expenditure limit is less than the GVP limit, for the 2025-26

financial year the Commonwealth must pay the body $1 million.

Example 2: Assume for the 2025-26 financial year a recipien

t body's

qualifying

expenditure amount is $2 million. The expenditure limit is $1 million.

Assume the GVP limit is $800,000.

Since the GVP limit is less than the expenditure limit, for the 2025-26

financial year the Commonwealth must pay the body $800,000, but

there is a carry-over amount for the 2026-27 financial year under

subsection (5).

(2) Subsection (1) does not apply to the following:

(a) the Fisheries Research and Development Corporation;

(b) the declared livestock export body, unless the rules prescribe

that subsection (1) does apply to that body;

that subsection (1) does apply to that body.

Funding for recipient bodies

Part 2

Matching payments

Division 3

Section 24

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Primary Industries Levies and Charges Disbursement Bill 2023

Note:

See Subdivision B for matching payments to the Fisheries Research

and Development Corporation.

(3) An amount worked out under paragraph (1)(a) or (b) must be

rounded to the nearest whole cent and rounding up in the case of

0.5 cents.

Making payments

(4) The Commonwealth must make the payments under subsection (1)

in the amounts, and at the times, that the Commonwealth

determines. Those times may be after the end of the relevant

financial year.

Carry-over amounts

(5) If, for the relevant financial year, the expenditure limit exceeds the

GVP limit, an amount equal to the excess is a carry-over amount

for the body for the next financial year after the relevant financial

year.

Note:

An amount equal to the carry-over amount multiplied by 2 is a

component of the body's

qualifying expenditure amount for the next

financial year: see paragraph 24(1)(b).

Example: To continue example 2 in subsection (1), since the expenditure limit

for the 2025-26 financial year exceeds the GVP limit for the 2025-26

financial year by $200,000, there is a carry-over amount of $200,000

for the body for the 2026-27 financial year.

24 Definition of

qualifying expenditure amount

(1) A

recipient body'

qualifying expenditure amount

for a financial

year is the sum of the following:

(a) expenditure the body incurs during that year on research and

development activities for a designated primary industry

sector in relation to the body, where expenditure on those

activities:

(i) is for the benefit of that sector and the Australian

community generally; and

(ii)

is in accordance with the body's funding agreement; and

(iii) if the body is a statutory recipient body

is in

accordance with the

body's

annual operational plan;

Part 2

Funding for recipient bodies

Division 3

Matching payments

Section 24

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No. , 2023

(b) any carry-over amount for the body for that year under

subsection 23(5), multiplied by 2;

the amount covered by subsection (2) of this

section for that year.

Note 1:

For

research and development activity

, see section 9.

Note 2:

Paragraphs (a) and (c) cover expenditure the body incurs, regardless of

the source of the money that is being spent. Examples of sources of

money are payments by the Commonwealth under Division 2,

payments by a State or Territory or an authority of a State or Territory

under a contract with the recipient body and voluntary industry

contributions.

Note 3:

If there is more than one designated primary industry sector in relation

to the body, paragraph (a) covers expenditure the body incurs during

the financial year on research and development activities for each of

those sectors.

Example: To continue the example in subsection 23(5), assume for the 2026-27

financial year the total of the amounts covered by paragraph (a) for the

body is $1.5 million.

There is a carry-over amount of $200,000 for the body for the 2026-27

financial year, so the amount covered by paragraph (b) is $400,000.

Assume paragraph (c) is not applicable.

The

body's

qualifying expenditure amount for the 2026-27 financial

year is $1.9 million.

Additional amount for some statutory recipient bodies

(2) For a statutory recipient body (except Wine Australia), the amount

for the purposes of paragraph (1)(c) is expenditure the body incurs

during that year in doing the following:

(a) paying or discharging expenses, charges, obligations and

liabilities incurred by the body in the performance of its

functions or the exercise of its powers;

(b) paying remuneration, allowances, fees or expenses payable

under the

Primary Industries Research and Development Act

1989

(3) Paragraph (2)(a) does not apply to expenditure on a matter covered

by subsection 21(2), (4), (5) or (6).

Funding for recipient bodies

Part 2

Matching payments

Division 3

Section 25

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Primary Industries Levies and Charges Disbursement Bill 2023

Exclusion

(4) Paragraphs (1)(a) and (c) do not apply to expenditure of the

following kinds:

(a) a payment by the recipient body to the Commonwealth under

section 16 or 17;

(b) a payment by the recipient body to the Commonwealth that is

a payment of a debt as mentioned in subsection 86(2);

of this paragraph.

25 Definition of

average gross value of production amount

(1) The

average gross value of production amount

, in relation to a

recipient body to which subsection 23(1) applies, for a financial

year (the

relevant financial year

) is the amount determined under

subsection (2) of this section in relation to the recipient body for

the relevant financial year.

Note:

See subsections (8) to (12) for an exception to subsection (1).

(2) For the purposes of subsection (1), the Secretary must, by

notifiable instrument, determine an amount in relation to the

recipient body for the relevant financial year. The Secretary must

do so as soon as practicable after the start of that year.

Calculation is to be an average

(3) That amount is to be the average of the gross value of production

amounts, in relation to the body, for each of the last 3 financial

years before the relevant financial year.

(4) The Secretary must specify in the instrument under subsection (2)

each gross value of production amount the Secretary used to

determine that average.

(5) The

gross value of production amount

, in relation to the body, for

a financial year is the amount provided to the Secretary by the head

of the agricultural statistics body as being the sum of the following:

(a) the gross value of production in that year of all of the goods

prescribed by the rules in relation to the body;

Part 2

Funding for recipient bodies

Division 3

Matching payments

Section 25

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(b) the gross value in that year of all of the services (if any)

prescribed by the rules in relation to the body and provided in

that year.

Note:

For

agricultural statistics body

, see section 4.

(6) Without limiting paragraph (5)(a), the rules may prescribe goods

by reference to:

(a) the production of specified goods; or

(b) goods produced by a specified primary industry or goods that

are the produce of a specified primary industry.

Effect of substituted gross value of production amounts

(7) Once the Secretary has determined an amount under subsection (2)

in relation to a recipient body for the relevant financial year:

(a) the Secretary must, for the relevant financial year, disregard

any amount provided to the Secretary by the head of the

agricultural statistics body in substitution for a gross value of

production amount in relation to the body; and

(b) the Secretary must take the substituted amount into account

in determining an amount under subsection (2) in relation to

the body for each of the next 2 financial years after the

relevant financial year.

Alternative average gross value of production amount

(8) The Secretary may, by notifiable instrument, determine that

subsection (1) does not apply in relation to a specified recipient

body and a specified financial year (the

relevant financial year

The determination has effect accordingly.

(9) The Secretary may make a determination under subsection (8) only

if the Secretary is satisfied that the head of the agricultural

statistics body is unable to provide the Secretary with the gross

value of production amount, in relation to the body, for one or

more of the last 3 financial years before the relevant financial year.

(10) If the Secretary makes a determination under subsection (8), the

Secretary must specify in that determination:

Funding for recipient bodies

Part 2

Matching payments

Division 3

Section 26

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Primary Industries Levies and Charges Disbursement Bill 2023

(a) an amount that is the average gross value of production

amount, in relation to the body, for the relevant financial

year; and

(b) the basis on which the Secretary specified that amount.

(11) The amount covered by paragraph (10)(a) is the

average gross

value of production amount

, in relation to the body, for the

relevant financial year.

(12) Without limiting paragraph (10)(b), the basis for specifying an

amount in a determination may be one of the following:

(a) the amount is the average of the gross value of production

amounts, in relation to the body, for any 2 of the last 3

financial years before the relevant financial year;

(b) the amount is the gross value of production amount, in

relation to the body, for any of the last 3 financial years

before the relevant financial year;

available document specified in the determination;

(d) the amount is equal to an amount provided to the Secretary

by a person or body specified in the determination.

Subdivision B

Commonwealth to make matching payments to

Fisheries Research and Development Corporation

26 Commonwealth to make matching payments in relation to the

fishing industry (except declared fisheries)

(1) The Commonwealth must pay to the Fisheries Research and

Development Corporation, in relation to a financial year (the

relevant financial year

), amounts that in total are equal to the sum

of payable amounts worked out under this section (rounded to the

nearest whole cent and rounding up in the case of 0.5 cents).

Note:

For spending requirements for amounts paid under subsection (1), see

section 35.

(2) A payable amount is the lesser of the following:

(a)

the Corporation's relevant fishing expenditure amount for the

relevant financial year;

Part 2

Funding for recipient bodies

Division 3

Matching payments

Section 26

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No. , 2023

(b) the amount equal to 0.5% of the average total main fishing

industry GVP amount for the relevant financial year.

Note:

For

average total main fishing industry GVP amount

see section 29.

Example: Assume for the 2025-26 financial year the Fisheries Research and

Development Corporation's

relevant fishing expenditure amount is

$14 million.

Assume the average total main fishing industry GVP amount for the

2025-26 financial year is $3.2 billion. 0.5% of that amount is $16

million.

As the relevant fishing expenditure amount is less than $16 million, a

payable amount is $14 million.

(3)

The Corporation's

relevant fishing expenditure amount

for a

financial year is the sum of the following:

(a) the expenditure the Corporation incurs during that year on

research and development activities for the fishing industry

(except any declared fishery), where expenditure on those

activities is:

(i) for the benefit of the fishing industry (except any

declared fishery); and

(ii) for the benefit of the Australian community generally;

and

(iii) in accordance with

the Corporation's funding

agreement; and

(iv)

in accordance with the Corporation's annual operational

plan;

(b) the expenditure the Corporation incurs during that year in

doing the following (except in relation to any declared

fishery):

(i) paying or discharging expenses, charges, obligations

and liabilities incurred by the Corporation in the

performance of its functions or the exercise of its

powers;

(ii) paying remuneration, allowances, fees or expenses

payable under the

Primary Industries Research and

Development Act 1989

Note 1:

For

research and development activity

, see section 9.

Funding for recipient bodies

Part 2

Matching payments

Division 3

Section 26

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Primary Industries Levies and Charges Disbursement Bill 2023

Note 2:

Paragraphs (a) and (b) cover expenditure the Corporation incurs,

regardless of the source of the money that is being spent. Examples of

sources of money are payments by the Commonwealth under

Division 2, payments by a State or Territory or an authority of a State

or Territory and voluntary industry contributions.

Note 3:

For expenditure to which paragraphs (a) and (b) do not apply, see

section 28.

(4) Subparagraph (3)(b)(i) does not apply to expenditure on a matter

covered by subsection 21(2), (4), (5) or (6).

Payable amounts worked out using the average Commonwealth

main fishing industry GVP amount

(5) If the relevant fishing expenditure amount is 1% or more of the

average total main fishing industry GVP amount for the relevant

financial year, a payable amount is the amount worked out as

follows:

Method statement

Step 1. Work out the amount equal to 0.25% of the average

Commonwealth main fishing industry GVP amount for

the relevant financial year.

Step 2. Work out the sum of the following:

(a) so much of the amounts paid to the Corporation

under section 15 during the relevant financial year

as are equal to research and development collected

amounts, less any refunds that are attributable to

payment of those research and development

collected amounts;

(b) the total amount paid to the Corporation under

subsection 36(1) during the relevant financial year.

Step 3. If the amount at step 1 is less than or equal to the amount

at step 2, the amount at step 1 is a payable amount.

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Step 4. If the amount at step 1 exceeds the amount at step 2, the

amount at step 2 is a payable amount.

Note 1:

For

average total main fishing industry GVP amount

, see

section 29

and for

average Commonwealth main fishing industry GVP amount

see section 30.

Note 2:

Paragraph (a) of step 2 does not apply in relation to certain levies or

charges: see subsection (11).

Example: Assume for the 2025-26 financial year the Fisheries Research and

Development Corporation

relevant fishing expenditure amount is

$33 million.

Assume the average total main fishing industry GVP amount for the

2025-26 financial year is $3.2 billion. 1% of that amount is $32

million.

Assume the average Commonwealth main fishing industry GVP

amount for the 2025-26 financial year is $500 million. 0.25% of that

amount is $1.25 million (the amount at step 1).

Assume the amount at step 2 is $1.1 million.

As the amount at step 1 exceeds the amount at step 2, under step 4 a

payable amount is $1.1 million.

(6) If the relevant fishing expenditure amount is more than 0.5%, but

less than 1%, of the average total main fishing industry GVP

amount for the relevant financial year, a payable amount is the

amount worked out as follows:

Method statement

Step 1. Work out the amount equal to 0.5% of the average total

main fishing industry GVP amount for the relevant

financial year.

Step 2. Subtract the amount at step 1 from the relevant fishing

expenditure amount.

Step 3. Express the amount at step 2 as a percentage of the

average total main fishing industry GVP amount for the

relevant financial year.

Funding for recipient bodies

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Section 26

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Step 4. Multiply the percentage at step 3 by the average

Commonwealth main fishing industry GVP amount for

the relevant financial year.

Step 5. Work out half of the amount at step 4.

Step 6. Work out the sum of the following:

(a) so much of the amounts paid to the Corporation

under section 15 during the relevant financial year

as are equal to research and development collected

amounts, less any refunds that are attributable to

payment of those research and development

collected amounts;

(b) the total amount paid to the Corporation under

subsection 36(1) during the relevant financial year.

Step 7. If the amount at step 5 is less than or equal to the amount

at step 6, the amount at step 5 is a payable amount.

Step 8. If the amount at step 5 exceeds the amount at step 6, the

amount at step 6 is a payable amount.

Note 1:

For

average total main fishing industry GVP amount

, see

section 29

and for

average Commonwealth main fishing industry GVP amount

see section 30.

Note 2:

Paragraph (a) of step 6 does not apply in relation to certain levies or

charges: see subsection (11).

Example: Assume for the 2025-26 financial year the Fisheries Research and

Development Corporation

relevant fishing expenditure amount is

$20 million.

Assume the average total main fishing industry GVP amount for the

2025-26 financial year is $3.2 billion. 1% of that amount is $32

million and 0.5% of that amount is $16 million.

Assume the average Commonwealth main fishing industry GVP

amount for the 2025-26 financial year is $500 million.

Working through the method statement as follows:

(a) the amount at step 1 is 0.5% of $3.2 billion, which is $16 million;

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(b) the amount at step 2 is $20 million minus $16 million, which is

$4 million;

which is 0.125%;

(d) the amount at step 4 is $500 million multiplied by 0.125%, which

is $625,000;

(e) the amount at step 5 is $312,500;

(f) assume the amount at step 6 is $1.1 million;

(g) as the amount at step 5 is less than the amount at step 6, under

step 7 a payable amount is $312,500.

Payable amounts where State or Territory makes fishing payments

(7) If:

(a) the relevant fishing expenditure amount is 1% or more of the

average total main fishing industry GVP amount for the

relevant financial year; and

(b) a State or Territory makes one or more payments in the

relevant financial year to the Corporation, or to the

Commonwealth, for research and development in relation to

the main fishing industry;

a payable amount is the amount worked out as follows:

Method statement

Step 1. Work out the amount equal to 0.25% of the average

State/Territory main fishing industry GVP amount for the

relevant financial year and the State or Territory.

Step 2. If the amount at step 1 is less than or equal to the total of

the payments made by the State or Territory, the amount

at step 1 is a payable amount.

Step 3. If the amount at step 1 exceeds the total of the payments

made by the State or Territory, the total of the payments

made by the State or Territory is a payable amount.

Note:

For

average total main fishing industry GVP amount

, see

section 29

and for

average State/Territory main fishing industry GVP amount

see section 31.

Funding for recipient bodies

Part 2

Matching payments

Division 3

Section 26

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Example: Assume for the 2025-26 financial year the Fisheries Research and

Development Corporation

relevant fishing expenditure amount is

$33 million.

Assume the average total main fishing industry GVP amount for the

2025-26 financial year is $3.2 billion. 1% of that amount is $32

million.

Assume a State makes a $750,000 payment in the 2025-26 financial

year to the Corporation for research and development in relation to the

main fishing industry.

Assume the average State/Territory main fishing industry GVP

amount for the 2025-26 financial year and the State is $500 million.

0.25% of that average is $1.25 million (the amount at step 1).

As the amount at step 1 exceeds the amount of the payment made by

the State, under step 3 a payable amount is $750,000.

(8) If:

(a) the relevant fishing expenditure amount is more than 0.5%,

but less than 1%, of the average total main fishing industry

GVP amount for the relevant financial year; and

(b) a State or Territory makes one or more payments in the

relevant financial year to the Corporation, or to the

Commonwealth, for research and development in relation to

the main fishing industry;

a payable amount is the amount worked out as follows:

Method statement

Step 1. Work out the amount equal to 0.5% of the average total

main fishing industry GVP amount for the relevant

financial year.

Step 2. Subtract the amount at step 1 from the relevant fishing

expenditure amount.

Step 3. Express the amount at step 2 as a percentage of the

average total main fishing industry GVP amount for the

relevant financial year.

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Step 4. Multiply the percentage at step 3 by the average

State/Territory main fishing industry GVP amount for the

relevant financial year and the State or Territory.

Step 5. Work out half of the amount at step 4.

Step 6. If the amount at step 5 is less than or equal to the total

payments made by the State or Territory, the amount at

step 5 is a payable amount.

Step 7. If the amount at step 5 exceeds the total payments made

by the State or Territory, the total payments made by the

State or Territory is a payable amount.

Note:

For

average total main fishing industry GVP amount

, see

section 29

and for

average State/Territory main fishing industry GVP amount

see section 31.

Example: Assume for the 2025-26 financial year the Fisheries Research and

Development Corporation

relevant fishing expenditure amount is

$20 million.

Assume the average total main fishing industry GVP amount for the

2025-26 financial year is $3.2 billion. 1% of that amount is $32

million and 0.5% of that amount is $16 million.

Assume a State makes a $750,000 payment in the 2025-26 financial

year to the Corporation for research and development in relation to the

main fishing industry.

Assume the average State/Territory main fishing industry GVP

amount for the 2025-26 financial year for the State is $500 million.

Working through the method statement as follows:

(a) the amount at step 1 is 0.5% of $3.2 billion, which is $16 million;

(b) the amount at step 2 is $20 million minus $16 million, which is

$4 million;

which is 0.125%;

(d) the amount at step 4 is $500 million multiplied by 0.125%, which

is $625,000;

(e) the amount at step 5 is $312,500;

(f) as the amount at step 5 is less than the $750,000 payment made

by the State, under step 6 a payable amount is $312,500.

Funding for recipient bodies

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Section 27

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Overall limit

(9) Despite subsections (2) to (8), the total of the amounts paid by the

Commonwealth to the Corporation in relation to the relevant

financial year must not exceed 0.75% of the average total main

fishing industry GVP amount for the relevant financial year.

Note:

For

average total main fishing industry GVP amount

, see

section 29.

Making payments

(10) The Commonwealth must make the payments under subsection (1)

in the amounts, and at the times, that the Commonwealth

determines. Those times may be after the end of the relevant

financial year.

Other rules

(11) Paragraph (a) of step 2 of the method statement in subsection (5),

and paragraph (a) of step 6 of the method statement in

subsection (6), do not apply in relation to a declared fishery levy or

charge in relation to a declared fishery.

(12) Subsections (7) and (8) apply separately in relation to each State or

Territory that makes a payment in the relevant financial year to the

Corporation, or to the Commonwealth, for research and

development in relation to the main fishing industry.

27 Commonwealth to make matching payments in relation to a

declared fishery

(1) If there is a declared fishery in a financial year (the

relevant

financial year

), the Commonwealth must pay to the Fisheries

Research and Development Corporation, in relation to the relevant

financial year, amounts that in total are equal to the sum of payable

amounts worked out under this section (rounded to the nearest

whole cent and rounding up in the case of 0.5 cents).

Note:

For spending requirements for amounts paid under subsection (1), see

section 35.

(2) A payable amount is the lesser of the following:

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(a)

the Corporation's

declared fishery expenditure amount for

the relevant financial year;

(b) the amount equal to 0.5% of the average declared fishery

GVP amount for the relevant financial year and the declared

fishery.

Note 1:

For

average declared fishery GVP amount

see section 32.

Example: Assume for the 2025-26 financial year the Fisheries Research and

Development Corporation's declared fishery expenditure amount is $2

million.

Assume the average declared fishery GVP amount for the 2025-26

financial year and the declared fishery is $600 million. 0.5% of that

amount is $3 million.

As the declared fishery expenditure amount is less than $3 million, a

payable amount is $2 million.

(3)

The Corporation's

declared fishery expenditure amount

for a

financial year is the sum of the following:

(a) the expenditure the Corporation incurs during that year on

research and development activities for the declared fishery,

where expenditure on those activities is:

(i) for the benefit of the declared fishery; and

(ii) for the benefit of the Australian community generally;

and

(iii)

in accordance with the Corporation's funding

agreement; and

(iv)

in accordance with the Corporation's annual operational

plan;

(b) the expenditure the Corporation incurs during that year in

doing the following in relation to the declared fishery:

(i) paying or discharging expenses, charges, obligations

and liabilities incurred by the Corporation in the

performance of its functions or the exercise of its

powers;

(ii) paying remuneration, allowances, fees or expenses

payable under the

Primary Industries Research and

Development Act 1989

Note 1:

For

research and development activity

, see section 9.

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Section 27

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Note 2:

Paragraphs (a) and (b) cover expenditure the Corporation incurs,

regardless of the source of the money that is being spent. Examples of

sources of money are payments by the Commonwealth under

Division 2, payments by a State or Territory or an authority of a State

or Territory and voluntary industry contributions.

Note 3:

For expenditure to which paragraphs (a) and (b) do not apply, see

section 28.

(4) Subparagraph (3)(b)(i) does not apply to expenditure on a matter

covered by subsection 21(2), (4), (5) or (6).

Payable amounts worked out using the average declared fishery

GVP amount

(5) If the declared fishery expenditure amount is 1% or more of the

average declared fishery GVP amount for the relevant financial

year and the declared fishery, a payable amount is the amount

worked out as follows:

Method statement

Step 1. Work out the amount equal to 0.25% of the average

declared fishery GVP amount for the relevant financial

year and the declared fishery.

Step 2. For each declared fishery levy or charge, in relation to the

declared fishery, work out so much of the amounts paid

to the Corporation under section 15 during the relevant

financial year as are equal to research and development

collected amounts, less any refunds that are attributable

to payment of those research and development collected

amounts.

Step 3. Work out the sum of the amounts at step 2.

Step 4. If the amount at step 1 is less than or equal to the amount

at step 3, the amount at step 1 is a payable amount.

Step 5. If the amount at step 1 exceeds the amount at step 3, the

amount at step 3 is a payable amount.

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Section 27

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Note:

For

average declared fishery GVP amount

see section 32.

Example: Assume for the 2025-26 financial year the Fisheries Research and

Development Corporation

declared fishery expenditure amount is $4

million.

Assume the average declared fishery GVP amount for the 2025-26

financial year and the declared fishery is $300 million. 1% of that

amount is $3 million. 0.25% of that amount is $750,000 (the amount

at step 1).

Assume the amount at step 3 is $500,000.

As the amount at step 1 exceeds the amount at step 3, under step 5 a

payable amount is $500,000.

(6) If the declared fishery expenditure amount is more than 0.5%, but

less than 1%, of the average declared fishery GVP amount for the

relevant financial year and the declared fishery, a payable amount

is the amount worked out as follows:

Method statement

Step 1. Work out the amount equal to 0.5% of the average

declared fishery GVP amount for the relevant financial

year and the declared fishery.

Step 2. Subtract the amount at step 1 from the declared fishery

expenditure amount.

Step 3. Work out half of the amount at step 2.

Step 4. For each declared fishery levy or charge, in relation to the

declared fishery, work out so much of the amounts paid

to the Corporation under section 15 during the relevant

financial year as are equal to research and development

collected amounts, less any refunds that are attributable

to payment of those research and development collected

amounts.

Step 5. Work out the sum of the amounts at step 4.

Step 6. If the amount at step 3 is less than or equal to the amount

at step 5, the amount at step 3 is a payable amount.

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Section 27

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Step 7. If the amount at step 3 exceeds the amount at step 5, the

amount at step 5 is a payable amount.

Note:

For

average declared fishery GVP amount

see section 32.

Example: Assume for the 2025-26 financial year the Fisheries Research and

Development Corporation

declared fishery expenditure amount is

$2.1 million.

Assume the average declared fishery GVP amount for the 2025-26

financial year and the declared fishery is $300 million. 1% of that

amount is $3 million and 0.5% of that amount is $1.5 million.

Working through the method statement as follows:

(a) the amount at step 1 is 0.5% of $300 million, which is $1.5

million;

(b) the amount at step 2 is $2.1 million minus $1.5 million, which is

$600,000;

(d) assume the amount at step 5 is $500,000;

(e) as the amount at step 3 is less than the amount at step 5, under

step 6 a payable amount is $300,000.

Overall limit

(7) Despite subsections (2) to (6), the total of the amounts paid by the

Commonwealth to the Corporation in relation to the relevant

financial year must not exceed 0.75% of the average declared

fishery GVP amount for the relevant financial year and the

declared fishery.

Note:

For

average declared fishery GVP amount

see section 32.

Making payments

(8) The Commonwealth must make the payments under subsection (1)

in the amounts, and at the times, that the Commonwealth

determines. Those times may be after the end of the relevant

financial year.

Separate applications of section

(9) This section applies separately in relation to each declared fishery.

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Section 28

Primary Industries Levies and Charges Disbursement Bill 2023

No. , 2023

28 Scope of

Fisheries Research and Development Corporation's

expenditure amounts

Paragraphs 26(3)(a) and (b) and 27(3)(a) and (b) do not apply to

expenditure of the following kinds:

(a) a payment by the Fisheries Research and Development

Corporation to the Commonwealth under section 16 or 17;

(b) a payment by the Fisheries Research and Development

Corporation to the Commonwealth that is a payment of a

debt as mentioned in subsection 86(2);

of this paragraph.

29 Definition of

average total main fishing industry GVP amount

(1) The

average total main fishing industry GVP amount

, for a

financial year (the

relevant financial year

), is the amount

determined under subsection (2) for the relevant financial year.

(2) For the purposes of subsection (1), the Secretary must, by

notifiable instrument, determine an amount for the relevant

financial year. The Secretary must do so as soon as practicable

after the start of that year.

Calculation is to be an average

(3) That amount is to be the average of the total main fishing industry

GVP amounts for each of the last 3 financial years before the

relevant financial year.

(4) The Secretary must specify in the instrument under subsection (2)

each total main fishing industry GVP amount the Secretary used to

determine that average.

(5)

The

total main fishing industry GVP amount

, for a financial year,

is the amount provided to the Secretary by the head of the

agricultural statistics body as being the gross value of production in

that year of all of the goods that:

(a) are prescribed by the rules for the purposes of this paragraph;

and

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Section 30

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Primary Industries Levies and Charges Disbursement Bill 2023

(b) are the produce of the main fishing industry, whether it is

managed by or on behalf of the Commonwealth, a State or a

Territory.

Note:

For

agricultural statistics body

, see section 4.

Effect of substituted amounts

(6) Once the Secretary has determined an amount under subsection (2)

for the relevant financial year:

(a) the Secretary must, for the relevant financial year, disregard

any amount provided to the Secretary by the head of the

agricultural statistics body in substitution for a total main

fishing industry GVP amount; and

(b) the Secretary must take the substituted amount into account

in determining an amount under subsection (2) for each of

the next 2 financial years after the relevant financial year.

30 Definition of

average Commonwealth main fishing industry GVP

amount

(1) The

average Commonwealth main fishing industry GVP amount

for a financial year (the

relevant financial year

), is the amount

determined under subsection (2) for the relevant financial year.

(2) For the purposes of subsection (1), the Secretary must, by

notifiable instrument, determine an amount for the relevant

financial year. The Secretary must do so as soon as practicable

after the start of that year.

Calculation is to be an average

(3) That amount is to be the average of the Commonwealth main

fishing industry GVP amounts for each of the last 3 financial years

before the relevant financial year.

(4) The Secretary must specify in the instrument under subsection (2)

each Commonwealth main fishing industry GVP amount the

Secretary used to determine that average.

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Section 31

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No. , 2023

(5)

The

Commonwealth main fishing industry GVP amount

, for a

financial year, is the amount provided to the Secretary by the head

of the agricultural statistics body as being the gross value of

production in that year of all of the goods that:

(a) are prescribed by the rules for the purposes of this paragraph;

and

(b) are the produce of the main fishing industry so far as it is

managed by or on behalf of the Commonwealth.

Note:

For

agricultural statistics body

, see section 4.

Effect of substituted amounts

(6) Once the Secretary has determined an amount under subsection (2)

for the relevant financial year:

(a) the Secretary must, for the relevant financial year, disregard

any amount provided to the Secretary by the head of the

agricultural statistics body in substitution for a

Commonwealth main fishing industry GVP amount; and

(b) the Secretary must take the substituted amount into account

in determining an amount under subsection (2) for each of

the next 2 financial years after the relevant financial year.

31 Definition of

average State/Territory main fishing industry GVP

amount

(1) The

average State/Territory main fishing industry GVP amount

for a financial year (the

relevant financial year

) and a State or

Territory, is the amount determined under subsection (2) for the

relevant financial year and the State or Territory.

(2) For the purposes of subsection (1), the Secretary must, by

notifiable instrument, determine an amount for the relevant

financial year and the State or Territory. The Secretary must do so

as soon as practicable after the start of that year.

Calculation is to be an average

(3) That amount is to be the average of the State/Territory main fishing

industry GVP amounts for the State or Territory and for each of the

last 3 financial years before the relevant financial year.

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Section 32

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Primary Industries Levies and Charges Disbursement Bill 2023

(4) The Secretary must specify in the instrument under subsection (2)

each State/Territory main fishing industry GVP amount the

Secretary used to determine that average.

(5)

The

State/Territory main fishing industry GVP amount

, for a

State or Territory and a financial year, is the amount provided to

the Secretary by the head of the agricultural statistics body as being

the gross value of production in that year of all of the goods that:

(a) are prescribed by the rules for the purposes of this paragraph;

and

(b) are the produce of the main fishing industry so far as it is

managed by or on behalf of the State or Territory.

Note:

For

agricultural statistics body

, see section 4.

Effect of substituted amounts

(6) Once the Secretary has determined an amount under subsection (2)

for the relevant financial year and a State or Territory:

(a) the Secretary must, for the relevant financial year, disregard

any amount provided to the Secretary by the head of the

agricultural statistics body in substitution for a State/Territory

main fishing industry GVP amount for a State or Territory;

and

(b) the Secretary must take the substituted amount into account

in determining an amount under subsection (2) for each of

the next 2 financial years after the relevant financial year and

for the State or Territory.

32 Definition of

average declared fishery GVP amount

(1) The

average declared fishery GVP amount

, for a financial year

(the

relevant financial year

) and a declared fishery, is the amount

determined under subsection (2) for the relevant financial year and

the declared fishery.

(2) For the purposes of subsection (1), the Secretary must, by

notifiable instrument, determine an amount for the relevant

financial year and the declared fishery. The Secretary must do so as

soon as practicable after the start of that year.

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Calculation is to be an average

(3) That amount is to be the average of the declared fishery GVP

amounts for the declared fishery and for each of the last 3 financial

years before the relevant financial year.

(4) The Secretary must specify in the instrument under subsection (2)

each declared fishery GVP amount the Secretary used to determine

that average.

(5)

The

declared fishery GVP amount

, for a declared fishery and a

financial year, is the amount provided to the Secretary by the head

of the agricultural statistics body as being the gross value of

production in that year of all of the goods that are the produce of

the declared fishery.

Note:

For

agricultural statistics body

, see section 4.

Effect of substituted amounts

(6) Once the Secretary has determined an amount under subsection (2)

for the relevant financial year and a declared fishery:

(a) the Secretary must, for the relevant financial year, disregard

any amount provided to the Secretary by the head of the

agricultural statistics body in substitution for a declared

fishery GVP amount for the declared fishery; and

(b) the Secretary must take the substituted amount into account

in determining an amount under subsection (2) for each of

the next 2 financial years after the relevant financial year and

for the declared fishery.

Subdivision C

Spending requirements for declared recipient

bodies

33 Spending of matching payments

(1) If a declared recipient body is paid an amount under

subsection 23(1), then the amount may be spent by the body only

on matters covered by this section.

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Section 34

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Research and development activities

(2) A matter is research and development activities, for a designated

primary industry sector in relation to the body, where expenditure

on those activities is:

(a) for the benefit of that sector and the Australian community

generally; and

(b)

in accordance with the body's funding agreement

; and

Debt

(3) A matter is making a payment of a debt (if any) mentioned in

subsection 86(2), to the extent that the debt arose because of a

purported payment under subsection 23(1) to the body.

Matters prescribed by the rules

(4) A matter is any matter that is prescribed by the rules for the

purposes of this subsection in relation to:

(a) the body; and

(b) a designated primary industry sector in relation to the body.

The rules may provide that expenditure by the body on the matter

is subject to any conditions prescribed by the rules.

Subdivision D

Spending requirements for statutory recipient

bodies

34 Spending of matching payments

statutory recipient bodies

except the Fisheries Research and Development

Corporation

(1) If a statutory recipient body is paid an amount under

subsection 23(1), then the amount may be spent by the body only

on matters covered by this section.

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Section 34

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No. , 2023

Research and development activities

(2) A matter is research and development activities, for a designated

primary industry sector in relation to the body, where expenditure

on those activities is:

(a) for the benefit of that sector and the Australian community

generally; and

(b)

in accordance with the body's

funding agreement and annual

operational plan; and

Debt

(3) A matter is making a payment of a debt (if any) mentioned in

subsection 86(2), to the extent that the debt arose because of a

purported payment under subsection 23(1) to the body.

General payments for some statutory recipient bodies

(4) For a statutory recipient body (except Wine Australia), a matter is

doing the following:

(a) paying or discharging expenses, charges, obligations and

liabilities incurred by the body in the performance of its

functions or the exercise of its powers;

(b) paying remuneration, allowances, fees or expenses payable

under the

Primary Industries Research and Development Act

1989

(5) Paragraph (4)(a) does not apply to a matter covered by

subsection 21(2), (4), (5) or (6).

Matters prescribed by the rules

(6) A matter is any matter that is prescribed by the rules for the

purposes of this subsection in relation to the body. The rules may

provide that expenditure by the body on the matter is subject to any

conditions prescribed by the rules.

Funding for recipient bodies

Part 2

Matching payments

Division 3

Section 35

No. , 2023

Primary Industries Levies and Charges Disbursement Bill 2023

35 Spending of matching payments

Fisheries Research and

Development Corporation

(1) If the Fisheries Research and Development Corporation is paid an

amount under subsection 26(1) or 27(1), then the amount may be

spent by the body only on matters covered by this section.

Research and development activities

(2) For an amount paid under subsection 26(1), a matter is research

and development activities for the fishing industry (except any

declared fishery), where expenditure on those activities is:

(a) for the benefit of the fishing industry (except any declared

fishery); and

(b) for the benefit of the Australian community generally; and

Corporation's

funding agreement and

annual operational plan; and

(d) in accordance with the rules (if any).

(3) For an amount paid under subsection 27(1), a matter is research

and development activities for the declared fishery, where

expenditure on those activities is:

(a) for the benefit of the declared fishery;

(b) for the benefit of the Australian community generally; and

Corporation's

funding agreement and

annual operational plan; and

(d) in accordance with the rules (if any).

Debt

(4) A matter is making a payment of a debt (if any) mentioned in

subsection 86(2), to the extent that the debt arose because of a

purported payment under subsection 26(1) or 27(1) to the

Corporation.

General payments

(5) For an amount paid under subsection 26(1), a matter is doing the

following (except in relation to any declared fishery):

Part 2

Funding for recipient bodies

Division 3

Matching payments

Section 35

Primary Industries Levies and Charges Disbursement Bill 2023

No. , 2023

(a) paying or discharging expenses, charges, obligations and

liabilities incurred by the body in the performance of its

functions or the exercise of its powers;

(b) paying remuneration, allowances, fees or expenses payable

under the

Primary Industries Research and Development Act

1989

(6) For an amount paid under subsection 27(1), a matter is doing the

following in relation to the declared fishery:

(a) paying or discharging expenses, charges, obligations and

liabilities incurred by the body in the performance of its

functions or the exercise of its powers;

(b) paying remuneration, allowances, fees or expenses payable

under the

Primary Industries Research and Development Act

1989

(7) Paragraph (5)(a) or (6)(a) does not apply to a matter covered by

subsection 21(2), (4), (5) or (6).

Matters prescribed by the rules

(8) A matter is any matter that is prescribed by the rules for the

purposes of this subsection in relation to the Corporation. The rules

may provide that expenditure by the Corporation on the matter is

subject to any conditions prescribed by the rules.

Funding for recipient bodies

Part 2

Other payments to the Fisheries Research and Development Corporation

Division 4

Section 36

No. , 2023

Primary Industries Levies and Charges Disbursement Bill 2023

Division

4--Other payments to the Fisheries Research and

Development Corporation

36 Commonwealth to make other payments to the Fisheries

Research and Development Corporation

Fishing levy

(1) The Commonwealth must pay to the Fisheries Research and

Development Corporation amounts equal to the following amounts

that are received by the Commonwealth:

(a) amounts of levy imposed by section 5 of the

Fishing Levy Act

1991

to the extent that those amounts consist of the

component of the levy worked out in accordance with the

rules;

(b) amounts by way of penalty under section 112 of the

Fisheries

Management Act 1991

, to the extent that those amounts are

attributable to the non-payment of that component.

White spot disease repayment levy and white spot disease

repayment export charge

(2) In relation to levy or charge imposed on farmed prawns by a

provision prescribed by the rules for the purposes of this

subsection, the Commonwealth must pay to the Fisheries Research

and Development Corporation amounts equal to the amounts

prescribed by the rules for the purposes of this subsection.

Spending rule

(3) If the Fisheries Research and Development Corporation is paid

amounts under subsection (1) or (2), those amounts may be spent

by the Corporation only on matters covered by subsection (4), (6)

or (8).

Research and development activities

(4) A matter is research and development activities, for a designated

primary industry sector in relation to the Corporation, where

expenditure on those activities is:

Part 2

Funding for recipient bodies

Division 4

Other payments to the Fisheries Research and Development Corporation

Section 36

Primary Industries Levies and Charges Disbursement Bill 2023

No. , 2023

(a) for the benefit of that sector; and

(b) in accordance with the Corporation

's funding agreement and

annual operational plan; and

(5) Without limiting paragraph (4)(c), the rules may require

expenditure by the Corporation, of a part of the amounts paid under

subsection (1) or (2), to be for the benefit of the designated primary

industry sector prescribed by the rules.

General payments

(6) A matter is doing the following:

(a) paying or discharging expenses, charges, obligations and

liabilities incurred by the Corporation in the performance of

its functions or the exercise of its powers;

(b) paying remuneration, allowances, fees or expenses payable

under the

Primary Industries Research and Development Act

1989

(7) Paragraph (6)(a) does not apply to a matter covered by

subsection 21(2), (4), (5) or (6).

Matters prescribed by the rules

(8) A matter is any matter that is prescribed by the rules for the

purposes of this subsection in relation to the Corporation. The rules

may provide that expenditure by the Corporation on the matter is

subject to any conditions prescribed by the rules.

Part 2

Funding for recipient bodies

Division 6

Funding agreements and recipient bodies

Section 38

Primary Industries Levies and Charges Disbursement Bill 2023

No. , 2023

Division

6--Funding agreements and recipient bodies

Subdivision A

Funding agreements and declared recipient

bodies

38 Funding agreements with companies

(1) In relation to the operation of this Act, the Minister may, on behalf

of the Commonwealth, enter into, or vary, an agreement with a

body that is registered as a company under the

Corporations Act

2001

(2) Without limiting subsection (1), the agreement may contain terms

and conditions dealing with the following matters:

(a) the management of any payments to the body under this Act,

if the body is or becomes a declared recipient body;

(b) any other matter in connection with the making of payments

to the body under this Act, or the spending of those

payments, if the body is or becomes a declared recipient

body;

(c)

the monitoring of the body's compliance with

its obligations

under this Act or the agreement, if the body is or becomes a

declared recipient body;

(d) the provision of information by the body to the

Commonwealth about a matter covered by paragraph (a), (b)

or (c).

(3) The body must comply with the terms and conditions specified in

the agreement.

(4) The rules may make provision in relation to the entry into, or the

variation of, funding agreements.

Publishing requirements

(5) If:

(a) the Minister, on behalf of the Commonwealth, enters into a

funding agreement with a body under this section; and

Funding for recipient bodies

Part 2

Funding agreements and recipient bodies

Division 6

Section 39

No. , 2023

Primary Industries Levies and Charges Disbursement Bill 2023

(b) the body is not a declared recipient body at the time of entry

into the agreement; and

then the body must publish a copy of the agreement on its website.

(6) If:

(a) the Minister, on behalf of the Commonwealth, enters into, or

varies, a funding agreement with a body under this section;

and

(b) the body is a declared recipient body at the time of the entry

into the agreement or of the variation;

then the body must publish a copy of the agreement, or of the

agreement as varied, on its website as soon as reasonably

practicable after the day on which the agreement was entered into

or the variation occurred.

Note:

An agreement entered into as mentioned in paragraph (6)(a) may

replace an earlier agreement with the body.

39 Minister may declare bodies to be recipient bodies

(1) The Minister may, by writing, declare a body to be a recipient

body. The recipient body must be one that is prescribed by the

rules for the purposes of this subsection.

(2) The rules may make provision in relation to the declaration of

bodies as recipient bodies.

(3) The Minister must not make a declaration under subsection (1) in

relation to a body unless:

(a) the body is registered as a company under the

Corporations

Act 2001

; and

(b) there is a funding agreement in force between the

Commonwealth and the body; and

body will comply with its obligations under:

(i) that funding agreement; and

(ii) this Act; and

Part 2

Funding for recipient bodies

Division 6

Funding agreements and recipient bodies

Section 40

Primary Industries Levies and Charges Disbursement Bill 2023

No. , 2023

(d) the Minister is satisfied that any other requirements

prescribed by the rules for the purposes of this paragraph are

satisfied.

When declaration takes effect

(4) A declaration under subsection (1) takes effect on the day specified

in the declaration, which must not be earlier than the day the

declaration is made.

Copy of declaration to be given to body

(5) The Minister must give a body covered by a declaration under

subsection (1) a copy of the declaration.

Publication

(6) The Minister must cause a copy of a declaration under

subsection (

1) to be published on the Department's website.

Tabling in Parliament

(7) The Minister must cause a copy of a declaration under

subsection (1) to be tabled in each House of the Parliament within

5 sitting days of that House after the day on which the declaration

is made.

Declaration not a legislative instrument

(8) A declaration under subsection (1) is not a legislative instrument.

List of declared recipient bodies

(9) The Minister must, by notifiable instrument, publish a list of the

declared recipient bodies.

40 Minister may revoke declaration of a body as a recipient body

(1) The Minister may, by writing, revoke a declaration under

subsection 39(1) in relation to a body if:

Funding for recipient bodies

Part 2

Funding agreements and recipient bodies

Division 6

Section 40

No. , 2023

Primary Industries Levies and Charges Disbursement Bill 2023

(a) the body requests the Minister in writing to revoke the

declaration; or

(b) the Minister reasonably believes that the body has

contravened this Act or the funding agreement with the body;

and the Minister is satisfied that no further funding

agreement will be entered into with the body; or

(d) the Minister reasonably believes that:

(i) the body

's constitution is no longer appropriate for a

body performing the functions of a recipient body; or

(ii) the body has failed to comply with its constitution; or

(e) an administrator of the body is appointed; or

(f) the body starts to be wound up or ceases to carry on business;

(g) a receiver, or a receiver and manager, of property of the body

is appointed (by a court or otherwise); or

(h) the body enters into a compromise or arrangement with some

or all of its creditors.

Note 1:

For paragraph (b): an example of a contravention of this Act is a

failure to comply with a direction under section 41.

Note 2:

For review of a revocation decision, see section 85.

When revocation takes effect

(2) A revocation of a declaration takes effect on the day specified in

the revocation, which must not be earlier than the day the

revocation is made.

Copy of revocation to be given to body

(3) The Minister must give a body covered by a revocation under

subsection (1) a copy of the revocation.

Publication

(4) The Minister must cause a copy of a revocation under

subsection (1)

to be published on the Department's website.

Part 2

Funding for recipient bodies

Division 6

Funding agreements and recipient bodies

Section 40

Primary Industries Levies and Charges Disbursement Bill 2023

No. , 2023

Tabling in Parliament

(5) The Minister must cause a copy of a revocation under

subsection (1) to be tabled in each House of the Parliament within

5 sitting days of that House after the day on which the revocation is

made.

Repayment of funds

(6) If the Minister revokes a declaration under subsection 39(1) in

relation to a body, the Minister may, in writing, direct the body:

(a) to pay to the Commonwealth any amounts paid to the body

under this Act that are held by the body at the time the

revocation takes effect; and

(b) to make the payment within the period specified in the

direction (which must be at least 28 days after the direction is

given).

(7) Subsection (6) does not apply to amounts required to meet the

body's liabilities incurred

, in connection with this Act or a funding

agreement, before the time the revocation takes effect.

(8) The body must comply with the direction.

(9) If an amount payable by a body because of a direction under

subsection (6) remains unpaid at the end of the period specified in

the direction, 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.

Instruments are not legislative instruments

(10) Neither of the following is a legislative instrument:

(a) a revocation under subsection (1);

(b) a direction under subsection (6).

Funding for recipient bodies

Part 2

Funding agreements and recipient bodies

Division 6

Section 41

No. , 2023

Primary Industries Levies and Charges Disbursement Bill 2023

41 Minister may give directions to declared recipient bodies

(1) The Minister may give a written direction to a declared recipient

body if:

(a) the Minister is satisfied that the direction is

in Australia's

national interest because of exceptional and urgent

circumstances; and

(b) the Minister is satisfied that the direction would not require

the body to incur expenses greater than the sum of the

amounts previously paid to the body under this Act that have

not been spent or committed and the amounts the body will

receive under this Act during the period to which the

direction relates; and

(c)

the Minister has given the body's directors an adequate

opportunity to discuss with the Minister the need for the

proposed direction and the impact of compliance with

subsections (3) to (5

) on the body's commercial activities.

(2) The body must comply with the direction.

Publication of direction

(3) The Minister must cause a copy of the direction to be published on

the Department's website

as soon as practicable after giving the

direction.

Tabling of direction

(4) The Minister must cause a copy of the direction to be tabled in

each House of the Parliament within 5 sitting days of that House

after giving the direction.

Body to include details in annual report

(5)

The body's annual report for each period to which the direction

relates must include:

(a) particulars of the direction; and

(b)

an assessment of the impact of the direction on the body's

operations during the period.

Part 2

Funding for recipient bodies

Division 6

Funding agreements and recipient bodies

Section 42

Primary Industries Levies and Charges Disbursement Bill 2023

No. , 2023

Exception

(6) The Minister may make a written determination that

subsections (3) to (5) do not apply in relation to a direction given

to a declared recipient body if:

(a) the body has recommended to the Minister that the Minister

make the determination and the Minister is satisfied that

compliance with those subsections would, or would be likely

to, prejudice the body's commercial activities; or

(b) the Minister is satisfied that compliance with those

subsections would be contrary to the public interest.

The Minister must give a copy of the determination to the body.

Minister not a director of body

(7) The Minister is not a director of the body for the purposes of the

Corporations Act 2001

merely because of

the Minister's power

under subsection (1).

Commonwealth does not exercise control over body

(8) The Commonwealth is not in a position to exercise control over the

body merely because of the Minister's power

under subsection (1).

Instruments are not legislative instruments

(9) Neither of the following is a legislative instrument:

(a) a direction under subsection (1);

(b) a determination under subsection (6).

Subdivision B

Funding agreements with statutory recipient

bodies

42 Funding agreements with statutory recipient bodies

(1) The Minister must, on behalf of the Commonwealth, enter into an

agreement with a statutory recipient body.

Funding for recipient bodies

Part 2

Funding agreements and recipient bodies

Division 6

Section 42

No. , 2023

Primary Industries Levies and Charges Disbursement Bill 2023

(2) If the Minister has entered into a funding agreement with a

statutory recipient body under this section, the Minister may, on

behalf of the Commonwealth:

(a) vary the funding agreement; or

(b) enter into another funding agreement with the body.

(3) Without limiting subsection (1) or (2), the agreement may contain

terms and conditions dealing with the following matters:

(a) the management of any payments to the body under this Act;

(b) any other matter in connection with the making of payments

to the body under this Act or the spending of those payments;

(c)

the monitoring of the body's compliance with its obligations

under this Act or the agreement;

(d) the provision of information by the body to the

Commonwealth about a matter covered by paragraph (a), (b)

or (c);

(e) the management of any payments to the body by the

Commonwealth other than under this Act.

(4) The body must comply with the terms and conditions specified in

the agreement.

Publishing requirement

(5) If the Minister, on behalf of the Commonwealth, enters into, or

varies, a funding agreement with a statutory recipient body under

this section, that body must publish a copy of the agreement, or of

the agreement as varied, on its website as soon as reasonably

practicable after the day on which the agreement was entered into

or the variation occurred.

Part 3

Funding for Animal Health Australia

Division 1

Simplified outline of this Part

Section 43

Primary Industries Levies and Charges Disbursement Bill 2023

No. , 2023

Part

3--Funding for Animal Health Australia

Division

1--Simplified outline of this Part

43 Simplified outline of this Part

The Commonwealth must pay to Animal Health Australia amounts

connected with various levies and charges collected under rules

made under the Collection Act.

Animal Health Australia must spend the payments on various

activities, including activities relating to the promotion or

maintenance of the health of animals, plants, fungi or algae.

Funding for Animal Health Australia

Part 3

Funding for Animal Health Australia

Division 2

Section 44

No. , 2023

Primary Industries Levies and Charges Disbursement Bill 2023

Division

2--Funding for Animal Health Australia

Subdivision A

Payments relating to biosecurity activity

44 Commonwealth to make payments

collected amounts relating

to biosecurity activity

(1) The Commonwealth must pay to Animal Health Australia amounts

equal to the sum of the following amounts that are received by or

on behalf of the Commonwealth in relation to an AHA

commodity/service:

(a) amounts of a levy or charge imposed by a provision

prescribed by the rules in relation to Animal Health

Australia, to the extent that those amounts are equal to the

components of the rate of that levy or charge prescribed by

the rules;

(b) in relation to that levy or charge

amounts paid by a person

under rules made for the purposes of paragraph 10(1)(a) of

the Collection Act, to the extent that those amounts are equal

to those components;

Collection Act, to the extent that those amounts are

attributable to the non-payment of those components or of

amounts equal to those components.

(2) For the purposes of paragraph (1)(a), a provision prescribed by the

rules must be a provision of regulations made under:

(a) the

Primary Industries (Excise) Levies Act 2023

; or

(b) the

Primary Industries (Customs) Charges Act 2023

; or

Primary Industries (Services) Levies Act 2023

45 Application of money

Payment of Commonwealth costs

(1) If Animal Health Australia receives payments under section 44,

Animal Health Australia must apply the payments in making a

payment to the Commonwealth of amounts equal to the

Commonwealth's costs in

Part 3

Funding for Animal Health Australia

Division 2

Funding for Animal Health Australia

Section 46

Primary Industries Levies and Charges Disbursement Bill 2023

No. , 2023

(a) collecting or recovering the amounts covered by

paragraphs 44(1)(a), (b) and (c); and

(b) administering section 44 in relation to the making of the

payments to Animal Health Australia under that section.

(2) The Secretary must give Animal Health Australia written notice of:

(a) the amount of those costs; and

(b) the period within which Animal Health Australia must pay

the amount under subsection (1).

Debt

(3) If an amount payable by Animal Health Australia under

subsection (1) 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.

Activities promoting or maintaining health of animals, plants, fungi

or algae

(4) If Animal Health Australia receives payments under section 44,

Animal Health Australia may apply the payments, consistent with

its constitution, on:

(a) activities, including biosecurity activities, relating to the

promotion or maintenance of the health of animals, plants,

fungi or algae; or

(b) activities incidental to activities covered by paragraph (a).

46 Effect of refunds

Set-off

(1) If:

(a) an amount (the

received amount

) covered by

paragraph 44(1)(a), (b) or (c) is received by or on behalf of

the Commonwealth in relation to an AHA

commodity/service; and

Funding for Animal Health Australia

Part 3

Funding for Animal Health Australia

Division 2

Section 46

No. , 2023

Primary Industries Levies and Charges Disbursement Bill 2023

(b) the Commonwealth pays to Animal Health Australia under

section 44 an amount equal to the received amount; and

amount equal to the whole or a part of the received amount;

the Commonwealth may set off an amount equal to the refund

against a payment the Commonwealth must make under section 44

in relation to the AHA commodity/service.

Note:

The Commonwealth might refund an amount because a person paid

too much levy or charge.

Notice requiring Animal Health Australia to pay amount to

Commonwealth

(2) If the Commonwealth is not able to do so, the Secretary may give

Animal Health Australia a written notice:

(a) specifying the amount the Commonwealth is not able to set

off; and

(b) requiring Animal Health Australia to pay to the

Commonwealth the amount specified in the notice; and

must pay the amount specified in the notice.

(3) Animal Health Australia must pay the amount under subsection (2)

before applying payments made to Animal Health Australia under

section 44 in accordance with subsection 45(4).

Debt

(4) If Animal Health Australia is required by a notice under

subsection (2) to pay an amount to the Commonwealth and an

amount payable by Animal Health Australia remains unpaid at the

end of the period specified in the notice, the amount unpaid:

(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.

Part 3

Funding for Animal Health Australia

Division 2

Funding for Animal Health Australia

Section 47

Primary Industries Levies and Charges Disbursement Bill 2023

No. , 2023

47 Recoverable payments

payment of debt

(1) If Animal Health Australia receives payments under section 44,

Animal Health Australia must apply the payments in making a

payment of a debt (if any) mentioned in subsection 86(2), to the

extent that the debt arose because of a purported payment under

section 44 to Animal Health Australia.

(2) Animal Health Australia must do so before applying the payments

under section 44 in accordance with subsection 45(4).

Subdivision B

Payments relating to biosecurity response

48 Commonwealth to make payments

collected amounts relating

to biosecurity response

(1) The Commonwealth must pay to Animal Health Australia amounts

equal to the sum of the following amounts that are received by or

on behalf of the Commonwealth in relation to an AHA

commodity/service:

(a) amounts of a levy or charge imposed by a provision

prescribed by the rules in relation to Animal Health

Australia, to the extent that those amounts are equal to the

components of the rate of that levy or charge prescribed by

the rules;

(b) in relation to that levy or charge

amounts paid by a person

under rules made for the purposes of paragraph 10(1)(a) of

the Collection Act, to the extent that those amounts are equal

to those components;

Collection Act, to the extent that those amounts are

attributable to the non-payment of those components or of

amounts equal to those components.

(2) For the purposes of paragraph (1)(a), a provision prescribed by the

rules must be a provision of regulations made under:

(a) the

Primary Industries (Excise) Levies Act 2023

; or

(b) the

Primary Industries (Customs) Charges Act 2023

; or

Primary Industries (Services) Levies Act 2023

Funding for Animal Health Australia

Part 3

Funding for Animal Health Australia

Division 2

Section 49

No. , 2023

Primary Industries Levies and Charges Disbursement Bill 2023

49 Application of money

(1) A payment made under section 48 in relation to an AHA

commodity/service is subject to the condition that Animal 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 48(1)(a), (b) and (c); and

(b) administering section 48 in relation to the making of the

payments under that section.

Note:

For further rules about these costs, see subsections (7) and (8).

Reimbursing Animal Health Australia

(3) The second priority is to apply the payment in meeting, or

reimbursing Animal Health Australia for meeting, costs Animal

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 animal 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 animal health body for the AHA

commodity/service; and

(b) for the purpose of discharging a liability of that body to the

Commonwealth under an emergency animal biosecurity

response deed relating to the AHA commodity/service.

Part 3

Funding for Animal Health Australia

Division 2

Funding for Animal Health Australia

Section 50

Primary Industries Levies and Charges Disbursement Bill 2023

No. , 2023

Promotion or maintenance of health of animals, plants, fungi or

algae and research and development

(5) The fourth priority is to apply the payment, in accordance with a

request by a relevant animal health body for the AHA

commodity/service, in:

(a) taking measures relating to the promotion or maintenance of

the health of animals, plants, fungi or algae to which the

AHA commodity/service relates; or

(b) making a payment to an organisation that is concerned with

research and development in relation to the AHA

commodity/service.

When payment can be applied in accordance with lower priority

(6) Animal Health Australia does not contravene the condition in

subsection (1) by applying the payment in accordance with a lower

priority if Animal 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

(7) The Secretary must give Animal Health Australia written notice of:

(a) the amount of the costs referred to in subsection (2); and

(b) the period within which Animal Health Australia must pay

the amount under subsection (2).

(8) If an amount payable by Animal 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.

50 Effect of refunds

Set-off

(1) If:

Funding for Animal Health Australia

Part 3

Funding for Animal Health Australia

Division 2

Section 51

No. , 2023

Primary Industries Levies and Charges Disbursement Bill 2023

(a) an amount (the

received amount

) covered by

paragraph 48(1)(a), (b) or (c) is received by or on behalf of

the Commonwealth in relation to an AHA

commodity/service; and

(b) the Commonwealth pays to Animal Health Australia under

section 48 an amount equal to the received amount; and

amount equal to the whole or a part of the received amount;

the Commonwealth may set off an amount equal to the refund

against a payment the Commonwealth must make under section 48

in relation to the AHA commodity/service.

Note:

The Commonwealth might refund an amount because a person paid

too much levy or charge.

Notice requiring Animal Health Australia to pay amount to

Commonwealth

(2) If the Commonwealth is not able to do so, the Secretary may give

Animal Health Australia a written notice specifying the amount the

Commonwealth is not able to set off.

Payment by Animal Health Australia to Commonwealth

(3) If:

(a) the Secretary gives Animal Health Australia a notice under

subsection (2); and

(b) Animal Health Australia is yet to fully apply one or more

payments under section 48 relating to the AHA

commodity/service;

Animal Health Australia must, before applying those payments in

accordance with the fourth priority in section 49, apply those

payments in paying the Commonwealth as much as possible of the

amount specified in the notice.

51 Recoverable payments

payment of debt

(1) If Animal Health Australia receives payments under section 48,

Animal Health Australia must apply the payments in making a

payment of a debt (if any) mentioned in subsection 86(2), to the

Part 3

Funding for Animal Health Australia

Division 2

Funding for Animal Health Australia

Section 52

Primary Industries Levies and Charges Disbursement Bill 2023

No. , 2023

extent that the debt arose because of a purported payment under

section 48 to Animal Health Australia.

(2) Animal Health Australia must do so before applying the payments

under section 48 in accordance with the fourth priority in

section 49.

Subdivision C

Appropriation

52 Appropriation

The Consolidated Revenue Fund is appropriated for the purposes

of payments by the Commonwealth under subsection 44(1) or

48(1).

Funding for Plant Health Australia

Part 4

Simplified outline of this Part

Division 1

Section 53

No. , 2023

Primary Industries Levies and Charges Disbursement Bill 2023

Part

4--Funding for Plant Health Australia

Division

1--Simplified outline of this Part

53 Simplified outline of this Part

The Commonwealth must pay to Plant Health Australia amounts

connected with various levies and charges collected under rules

made under the Collection Act.

Plant Health Australia must spend the payments on various

activities, including activities relating to the promotion or

maintenance of the health of plants, animals, fungi or algae.

Part 4

Funding for Plant Health Australia

Division 2

Funding for Plant Health Australia

Section 54

Primary Industries Levies and Charges Disbursement Bill 2023

No. , 2023

Division

2--Funding for Plant Health Australia

Subdivision A

Payments relating to biosecurity activity

54 Commonwealth to make payments

collected amounts relating

to biosecurity activity

(1) The Commonwealth must pay to Plant Health Australia amounts

equal to the sum of the following amounts that are received by or

on behalf of the Commonwealth in relation to a PHA

commodity/service:

(a) amounts of a levy or charge imposed by a provision

prescribed by the rules in relation to Plant Health Australia,

to the extent that those amounts are equal to the components

of the rate of that levy or charge prescribed by the rules;

(b) in relation to that levy or charge

amounts paid by a person

under rules made for the purposes of paragraph 10(1)(a) of

the Collection Act, to the extent that those amounts are equal

to those components;

Collection Act, to the extent that those amounts are

attributable to the non-payment of those components or of

amounts equal to those components.

(2) For the purposes of paragraph (1)(a), a provision prescribed by the

rules must be a provision of regulations made under:

(a) the

Primary Industries (Excise) Levies Act 2023

; or

(b) the

Primary Industries (Customs) Charges Act 2023

; or

Primary Industries (Services) Levies Act 2023

55 Application of money

Payment of Commonwealth costs

(1) If Plant Health Australia receives payments under section 54, Plant

Health Australia must apply the payments in making a payment to

the Commonwealth of amounts equal to the Commonwealth's

costs in:

Funding for Plant Health Australia

Part 4

Funding for Plant Health Australia

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Section 56

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Primary Industries Levies and Charges Disbursement Bill 2023

(a) collecting or recovering the amounts covered by

paragraphs 54(1)(a), (b) and (c); and

(b) administering section 54 in relation to the making of the

payments to Plant Health Australia under that section.

(2) The Secretary must give Plant Health Australia written notice of:

(a) the amount of those costs; and

(b) the period within which Plant Health Australia must pay the

amount under subsection (1).

Debt

(3) If an amount payable by Plant Health Australia under

subsection (1) 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.

Activities promoting or maintaining health of plants, animals, fungi

or algae

(4) If Plant Health Australia receives payments under section 54, Plant

Health Australia may apply the payments, consistent with its

constitution, on:

(a) activities, including biosecurity activities, relating to the

promotion or maintenance of the health of plants, animals,

fungi or algae; or

(b) activities incidental to activities covered by paragraph (a).

56 Effect of refunds

Set-off

(1) If:

(a) an amount (the

received amount

) covered by

paragraph 54(1)(a), (b) or (c) is received by or on behalf of

the Commonwealth in relation to a PHA commodity/service;

and

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Division 2

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Section 56

Primary Industries Levies and Charges Disbursement Bill 2023

No. , 2023

(b) the Commonwealth pays to Plant Health Australia under

section 54 an amount equal to the received amount; and

amount equal to the whole or a part of the received amount;

the Commonwealth may set off an amount equal to the refund

against a payment the Commonwealth must make under section 54

in relation to the PHA commodity/service.

Note:

The Commonwealth might refund an amount because a person paid

too much levy or charge.

Notice requiring Plant Health Australia to pay amount to

Commonwealth

(2) If the Commonwealth is not able to do so, the Secretary may give

Plant Health Australia a written notice:

(a) specifying the amount the Commonwealth is not able to set

off; and

(b) requiring Plant Health Australia to pay to the Commonwealth

the amount specified in the notice; and

must pay the amount specified in the notice.

(3) Plant Health Australia must pay the amount under subsection (2)

before applying payments made to Plant Health Australia under

section 54 in accordance with subsection 55(4).

Debt

(4) If Plant Health Australia is required by a notice under

subsection (2) to pay an amount to the Commonwealth and an

amount payable by Plant Health Australia remains unpaid at the

end of the period specified in the notice, the amount unpaid:

(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.

Funding for Plant Health Australia

Part 4

Funding for Plant Health Australia

Division 2

Section 57

No. , 2023

Primary Industries Levies and Charges Disbursement Bill 2023

57 Recoverable payments

payment of debt

(1) If Plant Health Australia receives payments under section 54, Plant

Health Australia must apply the payments in making a payment of

a debt (if any) mentioned in subsection 86(2), to the extent that the

debt arose because of a purported payment under section 54 to

Plant Health Australia.

(2) Plant Health Australia must do so before applying the payments

under section 54 in accordance with subsection 55(4).

Subdivision B

Payments relating to biosecurity response

58 Commonwealth to make payments

collected amounts relating

to biosecurity response

(1) The Commonwealth must pay to Plant Health Australia amounts

equal to the sum of the following amounts that are received by or

on behalf of the Commonwealth in relation to a PHA

commodity/service:

(a) amounts of a levy or charge imposed by a provision

prescribed by the rules in relation to Plant Health Australia,

to the extent that those amounts are equal to the components

of the rate of that levy or charge prescribed by the rules;

(b) in relation to that levy or charge

amounts paid by a person

under rules made for the purposes of paragraph 10(1)(a) of

the Collection Act, to the extent that those amounts are equal

to those components;

Collection Act, to the extent that those amounts are

attributable to the non-payment of those components or of

amounts equal to those components.

(2) For the purposes of paragraph (1)(a), a provision prescribed by the

rules must be a provision of regulations made under:

(a) the

Primary Industries (Excise) Levies Act 2023

; or

(b) the

Primary Industries (Customs) Charges Act 2023

; or

Primary Industries (Services) Levies Act 2023

Part 4

Funding for Plant Health Australia

Division 2

Funding for Plant Health Australia

Section 59

Primary Industries Levies and Charges Disbursement Bill 2023

No. , 2023

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:

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Section 59

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Primary Industries Levies and Charges Disbursement Bill 2023

(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.

Part 4

Funding for Plant Health Australia

Division 2

Funding for Plant Health Australia

Section 60

Primary Industries Levies and Charges Disbursement Bill 2023

No. , 2023

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.

60 Effect of refunds

Set-off

(1) If:

(a) an amount (the

received amount

) covered by

paragraph 58(1)(a), (b) or (c) is received by or on behalf of

the Commonwealth in relation to a PHA commodity/service;

and

(b) the Commonwealth pays to Plant Health Australia under

section 58 an amount equal to the received amount; and

amount equal to the whole or a part of the received amount;

the Commonwealth may set off an amount equal to the refund

against a payment the Commonwealth must make under section 58

in relation to the PHA commodity/service.

Note:

The Commonwealth might refund an amount because a person paid

too much levy or charge.

Notice requiring Plant Health Australia to pay amount to

Commonwealth

(2) If the Commonwealth is not able to do so, the Secretary may give

Plant Health Australia a written notice:

Funding for Plant Health Australia

Part 4

Funding for Plant Health Australia

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Section 61

No. , 2023

Primary Industries Levies and Charges Disbursement Bill 2023

(a) specifying the amount the Commonwealth is not able to set

off; and

(b) requiring Plant Health Australia to pay to the Commonwealth

the amount specified in the notice; and

must pay the amount specified in the notice.

(3) Plant Health Australia must pay the amount under subsection (2)

before applying payments made to Plant Health Australia under

section 58 in accordance with the fifth priority in section 59.

Debt

(4) If Plant Health Australia is required by a notice under

subsection (2) to pay an amount to the Commonwealth and an

amount payable by Plant Health Australia remains unpaid at the

end of the period specified in the notice, the amount unpaid:

(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.

61 Recoverable payments

payment of debt

(1) If Plant Health Australia receives payments under section 58, Plant

Health Australia must apply the payments in making a payment of

a debt (if any) mentioned in subsection 86(2), to the extent that the

debt arose because of a purported payment under section 58 to

Plant Health Australia.

(2) Plant Health Australia must do so before applying the payments

under section 58 in accordance with the fifth priority in section 59.

Subdivision C

Appropriation

62 Appropriation

The Consolidated Revenue Fund is appropriated for the purposes

of payments by the Commonwealth under subsection 54(1) or

58(1).

Part 5

Funding and information management for the National Residue Survey

Division 1

Simplified outline of this Part

Section 63

Primary Industries Levies and Charges Disbursement Bill 2023

No. , 2023

Part

5--Funding and information management for

the National Residue Survey

Division

1--Simplified outline of this Part

63 Simplified outline of this Part

There is a National Residue Survey Special Account.

There is credited to the Account amounts connected with various

levies and charges collected under rules made under the Collection

Act.

The main purpose of the Account is making payments for purposes

relating to the following activities:

(a) the monitoring, testing and reporting of the level of

contaminants in NRS products or the environment;

(b) the prevention of contamination in, and the management

of risks associated with contamination of, NRS products.

Entrusted persons can use or disclose information (referred to as

relevant NRS information) in accordance with this Act.

Entrusted persons may commit an offence or contravene a civil

penalty provision if they use or disclose protected information

other than in accordance with this Act.

Funding and information management for the National Residue Survey

Part 5

Funding for National Residue Survey

Division 2

Section 64

No. , 2023

Primary Industries Levies and Charges Disbursement Bill 2023

Division

2--Funding for National Residue Survey

64 National Residue Survey Special Account

(1) The National Residue Survey Account is continued in existence

with the new name National Residue Survey Special Account.

Note:

The Account was continued in existence under the former

National

Residue Survey Administration Act 1992

(2) The National Residue Survey Special Account is a special account

for the purposes of the

Public Governance, Performance and

Accountability Act 2013

65 Credits to the National Residue Survey Special Account

(1) There must be credited to the National Residue Survey Special

Account amounts equal to the following amounts that are received

by or on behalf of the Commonwealth:

(a) amounts of a levy or charge imposed by a provision

prescribed by the rules, to the extent that those amounts are

equal to the components of the rate of that levy or charge

prescribed by the rules;

(b) in relation to that levy or charge

amounts paid by a person

under rules made for the purposes of paragraph 10(1)(a) of

the Collection Act, to the extent that those amounts are equal

to those components;

Collection Act, to the extent that those amounts are

attributable to the non-payment of those components or of

amounts equal to those components.

Note:

An Appropriation Act may contain a provision to the effect that, if any

of the purposes of a special account is a purpose that is covered by an

item in the Appropriation Act (whether or not the item expressly refers

to the special account), then amounts may be debited against the

appropriation for that item and credited to that special account.

(2) There must also be credited to the National Residue Survey Special

Account amounts equal to the following:

(a) amounts paid to the Commonwealth for the purposes of the

National Residue Survey or the Account;

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Funding and information management for the National Residue Survey

Division 2

Funding for National Residue Survey

Section 66

Primary Industries Levies and Charges Disbursement Bill 2023

No. , 2023

(b) income derived by the Commonwealth from the investment

of an amount standing to the credit of the Account.

(3) For the purposes of paragraph (1)(a), a provision prescribed by the

rules must be a provision of regulations made under:

(a) the

Primary Industries (Excise) Levies Act 2023

; or

(b) the

Primary Industries (Customs) Charges Act 2023

; or

Primary Industries (Services) Levies Act 2023

66 Purposes of the National Residue Survey Special Account

(1) The purposes of the National Residue Survey Special Account are

as follows:

(a) to make payments for purposes related to the following

activities (each of which is a

main activity

(i) the monitoring and reporting of the level of

contaminants in NRS products;

(ii) the testing, either on a random basis or in specific cases,

of NRS products or the environment for the purpose of

tracing the sources of contaminants and determining the

causes of contamination;

(iii) the testing and reporting of the level of contaminants in

NRS products or the environment, and any associated

activities, for the purpose of investigating the potential

sources, and determining the potential causes, of such

contaminants;

(iv) the prevention of contamination in, and the management

of risks associated with contamination of, NRS

products;

(b)

meeting or reimbursing the Commonwealth's costs in

relation to:

(i) collecting or recovering the amounts covered by

paragraphs 65(1)(a), (b) and (c); or

(ii) administering paragraphs 65(1)(a), (b) and (c); or

(iii) the carrying out of a main activity; or

(iv) the carrying out of an activity that facilitates a main

activity or that is incidental or ancillary to a main

activity;

Funding and information management for the National Residue Survey

Part 5

Funding for National Residue Survey

Division 2

Section 67

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Primary Industries Levies and Charges Disbursement Bill 2023

body has paid an amount to the Commonwealth for a

particular purpose but an amount less than the amount paid

has been spent for that purpose

to make a payment to the

person or body equal to the unspent amount;

(d) if an amount is credited to the Account under

subsection 65(1) but the amount received by or on behalf of

the Commonwealth was overpaid

refunding an amount

equal to the overpayment.

Note:

See section 80 of the

Public Governance, Performance and

Accountability Act 2013

(which deals with special accounts).

(2) Without limiting paragraph (1)(b), that paragraph covers the

following:

(a) remuneration and allowances paid to persons who are APS

employees in the Department performing work, or other

persons employed or engaged by the Commonwealth to

provide services to the Commonwealth, in connection with

the National Residue Survey;

(b) other expenditure incurred in relation to the provision of

those persons or the provision of the services of those

persons;

purpose of monitoring the level of contaminants;

(d) expenditure incurred in relation to the provision of

accommodation or administrative support.

67 Report about National Residue Survey Special Account

The Secretary must cause the following information to be included

in the Department's annual report for a financial year:

(a) amounts credited to the National Residue Survey Special

Account during that year;

(b) amounts debited from the Account during that year;

(d) a description of activities undertaken in relation to the

National Residue Survey during that year.

Part 5

Funding and information management for the National Residue Survey

Division 3

Information management

Section 68

Primary Industries Levies and Charges Disbursement Bill 2023

No. , 2023

Division

3--Information management

Subdivision A

Authorised uses and disclosures of relevant

NRS information

Note:

Each provision in this Subdivision that authorises the use or disclosure of information

provides an authorisation for the purposes of the

Privacy Act 1988

and other laws.

68 Use or disclosure for National Residue Survey activities etc.

An entrusted person may use or disclose relevant NRS information

in the course of or for the purposes of:

(a) carrying out activities covered by paragraph 66(1)(a) and

paid for with amounts debited from the National Residue

Survey Special Account; or

(b) administering this Part; or

69 Use or disclosure for the purposes of other Acts

An entrusted person may use or disclose relevant NRS information

if the use or disclosure is for the purposes of the administration of

an Act (other than this Act) that is administered by the Minister.

70 Disclosure to authorities of the Commonwealth, a State or

Territory

An entrusted person may disclose relevant NRS information to an

authority of the Commonwealth, a State or a Territory if:

(a) the authority is responsible for the monitoring or regulation

of agricultural or veterinary chemical residues and

contaminants in NRS products or in the environment; and

(b) the disclosure is for the purpose of such monitoring or

regulation or the management of associated risks.

Funding and information management for the National Residue Survey

Part 5

Information management

Division 3

Section 71

No. , 2023

Primary Industries Levies and Charges Disbursement Bill 2023

71 Disclosure to foreign governments etc. for export, trade and other

purposes

An entrusted person may disclose relevant NRS information to a

foreign government, an authority or agency of a foreign

government or an international body of an intergovernmental

character, for the purposes of:

(a) the export of goods; or

(b)

managing Australia's international relations in respect of

trade; or

(c)

giving effect to Australia's international o

bligations.

72 Disclosure to persons holding an approval

(1) An entrusted person may disclose relevant NRS information to a

person who holds an approval in force under this section.

Approvals

(2) A person may, in writing, make a request to the Secretary for an

approval under this section.

(3) The Secretary must, in writing, grant the person an approval or

refuse to grant the person an approval.

(4) The Secretary may grant the person an approval only if the

Secretary is satisfied that the person requires relevant NRS

information to enable the person to monitor, regulate or manage

agricultural or veterinary chemical residues or contaminants in

NRS products or the environment.

(5) An approval must specify the purposes for which the person may

use or disclose relevant NRS information that the person receives

under subsection (1).

(6) If the Secretary grants the person an approval, the Secretary must

give the person written notice of the approval and of the purposes

covered by subsection (5).

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Information management

Section 73

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No. , 2023

(7) If the Secretary refuses to grant the person an approval, the

Secretary must give the person written notice of the refusal and of

the reasons for the refusal.

(8) An approval under subsection (3) is not a legislative instrument.

Secondary use or disclosure offence

(9) A person commits an offence if:

(a) while the person holds an approval in force under this

section, the person receives relevant NRS information under

subsection (1); and

(b) the information is of a kind covered by subsection (10); and

(d) the use or disclosure is not in accordance with the approval.

Penalty: Imprisonment for 12 months.

Protected information

(10) For the purposes of subsection (9), this subsection covers the

following kinds of information:

(a) information (including commercially sensitive information)

the disclosure of which could reasonably be expected to

found an action by a person (other than the Commonwealth)

for breach of a duty of confidence;

(b) information the disclosure of which could reasonably be

expected to prejudice constitutional trade or commerce.

73 Disclosure for the purposes of law enforcement

(1) An entrusted person may disclose relevant NRS information to a

body covered by subsection (2) if:

(a) the entrusted person reasonably believes that disclosing the

information is necessary for:

(i) the enforcement of the criminal law; or

(ii) the enforcement of a law imposing a pecuniary penalty;

(iii) the protection of public revenue; and

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(b) the functions of the body include that enforcement or

protection; and

the body

has undertaken not to use or further disclose the information

except in accordance with an agreement that:

(i) is in force between the Commonwealth and the State or

Territory; and

(ii) applies in relation to the information; and

(d) for a body mentioned in paragraph (2)(b) or (d)

the

entrusted person is satisfied that the information will be used

or further disclosed only in accordance with the agreement.

(2) This subsection covers the following bodies:

(a) a Commonwealth entity;

(b) a State or Territory body;

(d) the police force or police service of a State or Territory.

74 Disclosure to a court, tribunal etc.

(1) An entrusted person may disclose relevant NRS information to a

court exercising federal jurisdiction.

(2) An entrusted person may disclose relevant NRS information to:

(a) a court; or

(b) a tribunal, authority or person that has the power to require

the answering of questions or the production of documents;

for the purposes of the enforcement of a law of the Commonwealth

or to assist the court, tribunal, authority or person to make or

review an administrative decision that is required or authorised to

be made or reviewed under a law of the Commonwealth.

75 Use or disclosure of statistics

An entrusted person may use or disclose relevant NRS information

if the information is statistics that are not likely to enable the

identification of a person.

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Division 3

Information management

Section 76

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No. , 2023

76 Use or disclosure of publicly available information

An entrusted person may use or disclose relevant NRS information

if the information has already been lawfully made available to the

public.

77 Disclosure to person to whom information relates

An entrusted person may disclose relevant NRS information to the

person to whom the information relates.

78 Use or disclosure with consent

An entrusted person may use or disclose relevant NRS information

that relates to a person if:

(a) the person has consented to the use or disclosure; and

(b) the use or disclosure is in accordance with that consent.

79 Disclosure to person who provided information

An entrusted person may disclose relevant NRS information to the

person who provided the information.

80 Use or disclosure authorised by rules

(1) A person may use relevant NRS information if:

(a) the person is included in a class of persons prescribed by

rules made for the purposes of this paragraph; and

(b) the use is for a purpose prescribed by rules made for the

purposes of this paragraph; and

(d) the use complies with any conditions prescribed by rules

made for the purposes of this paragraph.

(2) A person may disclose relevant NRS information if:

(a) the person is included in a class of persons prescribed by

rules made for the purposes of this paragraph; and

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Section 81

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(b) the disclosure is for a purpose prescribed by rules made for

the purposes of this paragraph; and

purposes of this paragraph; and

(d) the disclosure complies with any conditions prescribed by

rules made for the purposes of this paragraph.

(3) Rules made for the purposes of this section must specify the

legislative power or powers of the Parliament in respect of which

the rules are made.

(4) The other provisions of this Subdivision do not limit the rules that

may be made for the purposes of this section.

Subdivision B

Protected information

81 Offence and civil penalty

use or disclosure of protected

information

Offence

(1) A person commits an offence if:

(a) the person is, or has been, an entrusted person; and

(b) the person has obtained or generated information in the

course of or for the purposes of:

(i) carrying out activities covered by paragraph 66(1)(a)

and paid for with amounts debited from the National

Residue Survey Special Account; or

(ii) administering this Part; or

(iii) assisting another person to administer this Part; and

section; and

(d) the person uses or discloses the information.

Penalty: Imprisonment for 12 months.

Civil penalty

(2) A person contravenes this subsection if:

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Section 81

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No. , 2023

(a) the person is, or has been, an entrusted person; and

(b) the person has obtained or generated information in the

course of or for the purposes of:

(i) carrying out activities covered by paragraph 66(1)(a)

and paid for with amounts debited from the National

Residue Survey Special Account; or

(ii) administering this Part; or

(iii) assisting another person to administer this Part; and

section; and

(d) the person uses or discloses the information.

Civil penalty:

60 penalty units.

Protected information

(3) For the purposes of subsections (1) and (2), this subsection covers

the following kinds of information:

(a) information (including commercially sensitive information)

the disclosure of which could reasonably be expected to

found an action by a person (other than the Commonwealth)

for breach of a duty of confidence;

(b) information the disclosure of which could reasonably be

expected to prejudice constitutional trade or commerce.

Exception

required or authorised by law

(4) Subsection (1) or (2) does not apply if the use or disclosure of the

information is required or authorised by:

(a) this Act or another law of the Commonwealth; or

(b) a law of a State or Territory prescribed by rules made for the

purposes of this paragraph.

Note:

A defendant bears an evidential burden in relation to the matters in

this subsection (see subsection 13.3(3) of the

Criminal Code

and

section 96 of the Regulatory Powers Act).

Funding and information management for the National Residue Survey

Part 5

Information management

Division 3

Section 82

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Exception

good faith

(5) Subsection (1) or (2) does not apply if the person uses or discloses

the information in good faith:

(a) in the purported carrying out of activities covered by

paragraph 66(1)(a) and paid for with amounts debited from

the National Residue Survey Special Account; or

(b) in the purported administering of this Part; or

this Part.

Note:

A defendant bears an evidential burden in relation to the matters in

this subsection (see subsection 13.3(3) of the

Criminal Code

and

section 96 of the Regulatory Powers Act).

82 Enforcement of civil penalty provisions

Enforceable civil penalty provisions

(1) Each civil penalty provision of this Act is enforceable under Part 4

of the Regulatory Powers Act.

Note:

Part 4 of the Regulatory Powers Act allows a civil penalty provision to

be enforced by obtaining an order for a person to pay a pecuniary

penalty for the contravention of the provision.

Authorised applicant

(2) For the purposes of Part 4 of the Regulatory Powers Act, the

Secretary is an authorised applicant in relation to the civil penalty

provisions of this Act.

(3) The Secretary may, in writing, delegate to an SES employee, or

acting SES employee, in the Department the Secretary's powers

under Part 4 of the Regulatory Powers Act in relation to the civil

penalty provisions of this Act.

(4) A person exercising powers under a delegation under

subsection (3) must comply with any directions of the Secretary.

Part 5

Funding and information management for the National Residue Survey

Division 3

Information management

Section 82

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No. , 2023

Relevant court

(5) For the purposes of Part 4 of the Regulatory Powers Act, each of

the following courts is a relevant court in relation to the civil

penalty provisions of this Act:

(a) the Federal Court of Australia;

(b) the Federal Circuit and Family Court of Australia

(Division 2).

Extension to external Territories

(6) Part 4 of the Regulatory Powers Act, as that Part applies in relation

to the civil penalty provisions of this Act, extends to every external

Territory.

Other matters

Part 6

Simplified outline of this Part

Division 1

Section 83

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Part

6--Other matters

Division

1--Simplified outline of this Part

83 Simplified outline of this Part

There is reconsideration and review of certain decisions under this

Act.

Payments made purportedly under this Act that were not actually

payable may be recovered from the recipient, and must be reported.

This Part also deals with delegation by the Minister and Secretary

and the making of rules by the Minister.

Part 6

Other matters

Division 2

Reconsideration and review of decisions

Section 84

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No. , 2023

Division

2--Reconsideration and review of decisions

84 Internal reconsideration of decisions

(1) A person (the

aggrieved person

) whose interests are affected by a

decision of the Secretary under subsection 72(3) to refuse to grant

a person an approval may request the Secretary to reconsider the

decision.

(2) Subsection (1) does not apply to a decision that is made by the

Secretary personally.

Form and timing of request

(3) The aggrieved person must make the request in writing before the

end of:

(a) the period of 28 days beginning on the day on which that

person is notified of the decision, unless paragraph (b)

applies; or

(b) if the Secretary allows a longer period for making the

request

that longer period.

Reasons for request

(4) The aggrieved person must set out in the request the reasons for the

request.

Review of decision

(5) On receiving a request made in accordance with subsections (3)

and (4), the Secretary must either:

(a) reconsider the decision personally; or

(b) cause the decision to be reconsidered by a person (the

internal reviewer

(i) who was not involved in making that decision; and

(ii) who is an SES employee, or acting SES employee, in

the Department; and

(iii) who occupies a position senior to the person who made

that decision.

Other matters

Part 6

Reconsideration and review of decisions

Division 2

Section 84

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(6) The Secretary or internal reviewer:

(a) must affirm, vary or set aside the decision; and

(b) if the Secretary or the internal reviewer sets aside the

decision

may make such other decision as the Secretary or

the internal reviewer thinks appropriate.

(7) The Secretary or internal reviewer must do so before the end of:

(a) the period of 45 days beginning on the day the Secretary

receives the request, unless paragraph (b) applies; or

(b) if the aggrieved person and the Secretary or internal reviewer

agree on a longer period

that longer period.

Notice of decision on reconsideration

(8) The Secretary or internal reviewer must give the aggrieved person

written notice of the Secreta

ry's or internal reviewer's

decision on

reconsideration and of the reasons for that decision.

Note:

Section 27A of the

Administrative Appeals Tribunal Act 1975

requires

the person to be notified of the person's review rights.

When decision on reconsideration takes effect

(9)

The Secretary's or internal reviewer's decision on reconsideration

takes effect:

(a) on the day specified in the notice; or

(b) if a day is not specified

on the day on which that decision is

made.

Secretary or internal reviewer may be taken to have affirmed

decision

(10) The Secretary or internal reviewer is taken to have made a decision

affirming the decision under reconsideration if the Secretary or

internal reviewer has not notified the aggrieved person of the

Secretary's

or inter

nal reviewer's

decision on reconsideration

before the end of the period applicable under subsection (7).

Part 6

Other matters

Division 2

Reconsideration and review of decisions

Section 85

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85 Administrative Appeals Tribunal review of decisions

(1) Applications may be made to the Administrative Appeals Tribunal

for review of the following decisions:

(a) a decision under subsection 40(1) that is made by the

Minister, except if the decision is made because of

paragraph 40(1)(a);

(b) a decision under subsection 72(3) to refuse to grant a person

an approval that is made by the Secretary personally;

under subsection 84(10) that is taken to have been made, by

the Secretary or internal reviewer.

(2) An application under subsection (1) in relation to a decision

covered by paragraph (1)(a) may be made only by the body

covered by the revocation.

(3) Subsection (2) has effect despite subsection 27(1) of the

Administrative Appeals Tribunal Act 1975

Other matters

Part 6

Recoverable payments

Division 3

Section 86

No. , 2023

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101

Division

3--Recoverable payments

86 Recoverable payments

(1) If, apart from this subsection, the Commonwealth does not have

power under this Act to pay an amount (the

relevant amount

) to a

body purportedly as a payment under subsection 15(1), 23(1),

26(1), 27(1), 44(1), 48(1), 54(1) or 58(1), then the Commonwealth

may pay the relevant amount to the body.

Debt

(2) If a payment is made under subsection (1) to the body, the relevant

amount:

(a) is a debt due to the Commonwealth by the body; and

(b) may be recovered by the Minister, on behalf of the

Commonwealth, by action in a court of competent

jurisdiction.

Set-off

(3) The Commonwealth may set off the whole or a part of the relevant

amount against a later payment the Commonwealth must make

under this Act to the body.

(4) The debt under subsection (2) is reduced by the amount of the

set-off.

Appropriation

(5) The Consolidated Revenue Fund is appropriated for the purposes

of making payments under subsection (1).

87 Report about recoverable payments

(1) The Secretary must cause the following information to be included

in the Department'

s annual report for a financial year:

(a) the number of payments under subsection 86(1) that APS

employees in the Department are aware of that were made

during that financial year;

Part 6

Other matters

Division 3

Recoverable payments

Section 87

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No. , 2023

(b) the total amount of the payments referred to in paragraph (a);

employees in the Department became aware of during that

financial year that were made during an earlier financial year;

(d) the total amount of the payments referred to in paragraph (c);

(e) for each payment referred to in paragraph (c)

the financial

year in which the payment was made.

(2)

Information is not required in the Department's annual report if no

APS employee in the Department is aware of any payments

referred to in paragraph (1)(a) or (c).

Other matters

Part 6

Administrative provisions

Division 4

Section 88

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103

Division

4--Administrative provisions

88 Delegation by Minister

(1)

The Minister may, by writing, delegate any or all of the Minister's

powers or functions under this Act (except section 41 or 90) or the

rules to:

(a) the Secretary; or

(b) an SES employee, or acting SES employee, in the

Department.

(2) A delegate must comply with any written directions of the

Minister.

89 Delegation by Secretary

(1) The Secretary may, by writing, delegate any or all of the

Secretary's powers or functions under this Ac

t or the rules to an

SES employee, or acting SES employee, in the Department.

(2) A delegate must comply with any written directions of the

Secretary.

90 Rules

(1) The Minister may, by legislative instrument, make rules

prescribing matters:

(a) required or permitted by this Act to be prescribed by the

rules; or

(b) necessary or convenient to be prescribed for carrying out or

giving effect to this Act.

Instruments

(2) The rules may make provision in relation to a matter by conferring

on the Minister or the Secretary a power to make a legislative

instrument, a notifiable instrument or other written instrument.

Part 6

Other matters

Division 4

Administrative provisions

Section 90

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Incorporation of other instruments

(3) Despite subsection 14(2) of the

Legislation Act 2003

, the rules may

make provision in relation to a matter by applying, adopting or

incorporating, with or without modification, any matter contained

in an instrument or other writing as in force or existing from time

to time.

No limit on subsection (1)

(4) Subsections (2) and (3) do not limit subsection (1).

Limitation

(5) To avoid doubt, the rules may not do the following:

(a) create an offence or civil penalty;

(b) provide powers of:

(i) arrest or detention; or

(ii) entry, search or seizure;

(d) directly amend the text of this Act.

Commonwealth of Australia Bills

PRIMARY INDUSTRIES LEVIES AND CHARGES DISBURSEMENT BILL 2023

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