Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The Consolidated Revenue Fund is appropriated for the purposes of payments by the Commonwealth under section 9.
Overall limit for marketing payments
(2) For marketing payments, the total limit on the appropriation is the total amount of marketing levy received by the Commonwealth after 30 June 2000, less amounts that have been paid by the Commonwealth to the Australian Pork Corporation before the transfer time in respect of that levy.
(3) In subsection (2):
"marketing levy" means any of the following:
(a) levy ( new levy ) covered by paragraph 3(b) of Schedule 22 to the Primary Industries (Excise) Levies Act 1999 ;
(b) amounts received under section 7 of the Levies Collection Act in relation to new levy;
(c) amounts payable by way of penalty under section 15 of the Levies Collection Act in relation to new levy;
(d) levy ( old levy ) received under paragraph 6(1)(b) of the repealed Pig Slaughter Levy Act 1971 ;
(e) amounts received under section 7 of the Levies Collection Act in relation to old levy;
(f) amounts payable by way of penalty under section 15 of the Levies Collection Act in relation to old levy;
(g) amounts received under section 6 of the repealed Pig Slaughter Levy Collection Act 1971 in relation to old levy;
(h) amounts payable by way of penalty under section 7 of the repealed Pig Slaughter Levy Collection Act 1971 in relation to old levy.
Overall limit for R&D payments
(4) For R&D payments, the total limit on the appropriation is the total amount of R&D levy received by the Commonwealth after 30 June 2000, less amounts that have been paid by the Commonwealth to the Pig Research and Development Corporation before the transfer time in respect of that levy.
(5) In subsection (4):
"R&D levy" means any of the following:
(a) levy ( new levy ) covered by paragraph 3(a) of Schedule 22 to the Primary Industries (Excise) Levies Act 1999 ;
(b) amounts received under section 7 of the Levies Collection Act in relation to new levy;
(c) amounts payable by way of penalty under section 15 of the Levies Collection Act in relation to new levy;
(d) levy ( old levy ) received under paragraph 6(1)(a) of the repealed Pig Slaughter Levy Act 1971 ;
(e) amounts received under section 7 of the Levies Collection Act in relation to old levy;
(f) amounts payable by way of penalty under section 15 of the Levies Collection Act in relation to old levy;
(g) amounts received under section 6 of the repealed Pig Slaughter Levy Collection Act 1971 in relation to old levy;
(h) amounts payable by way of penalty under section 7 of the repealed Pig Slaughter Levy Collection Act 1971 in relation to old levy.
Overall limit for matching payments
(6) For matching payments, the total limit on the appropriation is the sum of:
(a) the total amount of levy received by the Commonwealth (either before or after the commencement of this section), less amounts that have been paid by the Commonwealth to the Pig Research and Development Corporation before the transfer time, in respect of that levy, under paragraph 30(1)(b) of the Primary Industries Research and Development Act 1989 ; and
(b) amounts prescribed by the regulations.
(6A) Subsection (6) does not apply if the regulations so provide.
(7) In subsection (6):
"levy" means any of the following:
(a) levy ( new levy ) covered by paragraph 3(a) of Schedule 22 to the Primary Industries (Excise) Levies Act 1999 ;
(b) amounts received under section 7 of the Levies Collection Act in relation to new levy;
(c) levy ( old levy ) received under paragraph 6(1)(a) of the repealed Pig Slaughter Levy Act 1971 ;
(d) amounts received under section 7 of the Levies Collection Act in relation to old levy;
(e) amounts received under section 6 of the repealed Pig Slaughter Levy Collection Act 1971 in relation to old levy.
Retention limit for matching payments
(8) The matching payments made to the eligible body during a particular financial year are subject to the condition that, if:
(a) before the end of 31 October next following the financial year, the Minister determines the amount of the gross value of pig meat production in Australia in the financial year; and
(b) as at the end of 31 October next following the financial year, the sum of the matching payments that were paid to the eligible body during the financial year exceeds the lesser of:
(i) 0.5% of the amount of the gross value of pig meat production in Australia in the financial year as determined by the Minister; and
(ii) 50% of the amount spent by the eligible body in the financial year on activities that qualify, under the funding contract, as research and development activities;
the eligible body will pay to the Commonwealth an amount equal to the excess.
Note: This ensures that the sum of the matching payments that are retained by the eligible body in relation to the financial year does not exceed the lesser of the amounts calculated under subparagraphs (b)(i) and (b)(ii).
(8A) If:
(a) before the end of 31 October next following a financial year, the Minister has not determined under subsection (8) the amount of the gross value of pig meat production in Australia in the financial year; and
(b) the Minister has determined under subsection (8) the amount of the gross value of pig meat production in Australia in the previous financial year;
the Minister is taken to have made, immediately before the end of that 31 October, a determination under subsection (8) that the amount of the gross value of pig meat production in Australia in the financial year is equal to the amount of the gross value of pig meat production in Australia determined under subsection (8) for the previous financial year.
(8B) An amount payable under subsection (8) by the eligible body:
(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.
(8C) A determination made under subsection (8) is not a legislative instrument.
(9) For the purposes of subsection (8), the regulations may prescribe the manner in which the Minister is to determine the gross value of pig meat production in Australia in a financial year.
(10) If there is an unmatched R&D excess for a financial year that started or starts on or after 1 July 2001, the amount spent by the eligible body in the following financial year on activities that qualify, under the funding contract, as research and development activities is taken, for the purposes of this section (including for the purposes of this subsection and subsection (11)), to be increased by the amount of the unmatched R&D excess.
Note: This means that research and development expenditure that is not "50% matched" in one financial year because of the cap in subsection (6) or the condition in subparagraph (8)(b)(i) can be carried forward into later years.
(11) For the purposes of subsection (10), there is an unmatched R&D excess for a financial year if:
(a) the eligible body spends a particular amount (the R&D spend amount ) in the financial year on activities that qualify, under the funding contract, as research and development activities; and
(b) because of the operation of subsection (6) or subparagraph (8)(b)(i), the net matching payments in respect of the financial year are less than 50% of the R&D spend amount;
and the amount of the unmatched R&D excess is:
(11A) For the purposes of subsection (11), net matching payments in respect of a financial year means the total of the matching payments made to the eligible body during the financial year, less the amount payable by the eligible body under subsection (8) as a condition of those matching payments.
(12) Subsection (13) applies if the sum of the amounts that became payable to the Corporation under paragraph 30(1)(b) of the Research and Development Act was less than 50% of the Corporation's qualifying R&D expenditure because of the operation of section 31 or 32 of that Act.
(13) If this subsection applies, the amount spent by the eligible body in the financial year that started on 1 July 2001 on activities that qualify, under the funding contract, as research and development activities is taken, for the purposes of this section (including for the purposes of subsections (10) and (11)), to be increased by the amount worked out using the following formula:
(14) In subsections (12) and (13):
"Corporation" means the Pig Research and Development Corporation.
"qualifying R&D expenditure" of the Corporation means the sum of the amounts spent by the Corporation before 30 June 2001 on activities covered by section 33 of the Research and Development Act (other than paragraph 33(1)(d) of that Act).
"Research and Development Act" means the Primary Industries Research and Development Act 1989 .
Set off
(15) If:
(a) an amount (the first amount ) is payable by the eligible body under subsection (8); and
(b) another amount (the second amount ) is payable by the Commonwealth to the eligible body under the funding contract;
the Minister may, on behalf of the Commonwealth, set off the whole or a part of the first amount against the whole or a part of the second amount.