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;

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;

amounts by way of penalty under section 9 or 11 of the Collection Act, to the extent that those amounts are attributable to the non-payment of those components or of amounts equal to those components.

(a) the Primary Industries (Excise) Levies Act 2024; or

(b) the Primary Industries (Customs) Charges Act 2024; or

(c) the Primary Industries (Services) Levies Act 2024.

collecting or recovering the amounts covered by paragraphs 15(1)(a), (b) and (c); and

administering section 15 in relation to the making of the payments to the body under that section.

the amount of those costs; and

the period within which the body must pay the amount under subsection (1).

Debt

is a debt due to the Commonwealth; and

may be recovered by the Minister, on behalf of the Commonwealth, by action in a court of competent jurisdiction.

(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

the Commonwealth pays to a recipient body under section 15 an amount equal to the received amount; and

the Commonwealth, after making that payment, refunds an 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.

Notice requiring recipient body to pay amount to Commonwealth

specifying the amount the Commonwealth is not able to set off; and

requiring the body to pay to the Commonwealth the amount specified in the notice; and

specifying the period within which the body must pay the amount specified in the notice.

Debt

is a debt due to the Commonwealth; and

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

for the benefit of a designated primary industry sector in relation to the body; and

in accordance with the body’s funding agreement; and

in accordance with the rules (if any).

meeting the Commonwealth’s costs in collecting or recovering the marketing collected amounts; or

meeting the Commonwealth’s costs in administering section 15 in relation to paying the amounts equal to the marketing collected amounts.

Refunds

the body; and

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.

for the benefit of that sector; and

in accordance with the body’s funding agreement; and

in accordance with the rules (if any).

meeting the Commonwealth’s costs in collecting or recovering the research and development collected amounts; or

meeting the Commonwealth’s costs in administering section 15 in relation to paying the amounts equal to the research and development collected amounts.

Refunds

the body; and

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.

the body; and

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.

Commonwealth’s costs

meeting the Commonwealth’s costs in collecting or recovering the general collected amounts; or

meeting the Commonwealth’s costs in administering section 15 in relation to paying the amounts equal to the general collected amounts.

Refunds

for the benefit of a designated primary industry sector in relation to the body; and

in accordance with the body’s funding agreement; and

in accordance with the rules (if any).

meeting the Commonwealth’s costs in collecting or recovering the marketing collected amounts; or

meeting the Commonwealth’s costs in administering section 15 in relation to paying the amounts equal to the marketing collected amounts.

Refunds

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.

for the benefit of that sector; and

in accordance with the body’s funding agreement and annual operational plan; and

in accordance with the rules (if any).

meeting the Commonwealth’s costs in collecting or recovering the research and development collected amounts; or

meeting the Commonwealth’s costs in administering section 15 in relation to paying the amounts equal to the research and development collected amounts.

Refunds

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.

(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.

Since the expenditure limit is less than the GVP limit, for the 2025-26 financial year the Commonwealth must pay the body $1 million.

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).

the Fisheries Research and Development Corporation;

the declared livestock export body, unless the rules prescribe that subsection (1) does apply to that body;

the declared meat processor body, unless the rules prescribe that subsection (1) does apply to that body.

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:

is for the benefit of that sector and the Australian community generally; and

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

if the body is a statutory recipient body—is in accordance with the body’s annual operational plan;

any carry-over amount for the body for that year under subsection 23(5), multiplied by 2;

if applicable—the amount covered by subsection (2) of this section for that year.

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

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.

a payment by the recipient body to the Commonwealth under section 16 or 17;

a payment by the recipient body to the Commonwealth that is a payment of a debt as mentioned in subsection 86(2);

expenditure of a kind prescribed by the rules for the purposes of this paragraph.

the gross value of production in that year of all of the goods prescribed by the rules in relation to the body;

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.

the production of specified goods; or

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

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

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

an amount that is the average gross value of production amount, in relation to the body, for the relevant financial year; and

the basis on which the Secretary specified that amount.

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;

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;

the amount is equal to an amount published in a publicly available document specified in the determination;

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

the Corporation’s relevant fishing expenditure amount for the relevant financial year;

the amount equal to 0.5% of the average total main fishing industry GVP amount for the relevant financial year.

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.

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:

for the benefit of the fishing industry (except any declared fishery); and

for the benefit of the Australian community generally; and

in accordance with the Corporation’s funding agreement; and

in accordance with the Corporation’s annual operational plan;

the expenditure the Corporation incurs during that year in doing the following (except in relation to any declared fishery):

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.

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;

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.

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

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.

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;

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.

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:

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

the amount at step 2 is $20 million minus $16 million, which is $4 million;

the percentage at step 3 is $4 million divided by $3.2 billion, which is 0.125%;

the amount at step 4 is $500 million multiplied by 0.125%, which is $625,000;

the amount at step 5 is $312,500;

assume the amount at step 6 is $1.1 million;

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

the relevant fishing expenditure amount is 1% or more of the average total main fishing industry GVP amount for the relevant financial year; and

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.

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.

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

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.

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.

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:

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

the amount at step 2 is $20 million minus $16 million, which is $4 million;

the percentage at step 3 is $4 million divided by $3.2 billion, which is 0.125%;

the amount at step 4 is $500 million multiplied by 0.125%, which is $625,000;

the amount at step 5 is $312,500;

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.

Overall limit

the Corporation’s declared fishery expenditure amount for the relevant financial year;

the amount equal to 0.5% of the average declared fishery GVP amount for the relevant financial year and the declared fishery.

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.

the expenditure the Corporation incurs during that year on research and development activities for the declared fishery, where expenditure on those activities is:

for the benefit of the declared fishery; and

for the benefit of the Australian community generally; and

in accordance with the Corporation’s funding agreement; and

in accordance with the Corporation’s annual operational plan;

the expenditure the Corporation incurs during that year in doing the following in relation to the declared fishery:

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.

the amount at step 1 is 0.5% of $300 million, which is $1.5 million;

the amount at step 2 is $2.1 million minus $1.5 million, which is $600,000;

the amount at step 3 is $300,000;

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

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

are prescribed by the rules for the purposes of this paragraph; and

are the produce of the main fishing industry, whether it is managed by or on behalf of the Commonwealth, a State or a Territory.

Effect of substituted amounts

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

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.

are prescribed by the rules for the purposes of this paragraph; and

are the produce of the main fishing industry so far as it is managed by or on behalf of the Commonwealth.

Effect of substituted amounts

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

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.

are prescribed by the rules for the purposes of this paragraph; and

are the produce of the main fishing industry so far as it is managed by or on behalf of the State or Territory.

Effect of substituted amounts

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

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.

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

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

for the benefit of that sector and the Australian community generally; and

in accordance with the body’s funding agreement; and

in accordance with the rules (if any).

Debt

the body; and

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

for the benefit of that sector and the Australian community generally; and

in accordance with the body’s funding agreement and annual operational plan; and

in accordance with the rules (if any).

Debt

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.

for the benefit of the fishing industry (except any declared fishery); and

for the benefit of the Australian community generally; and

in accordance with the Corporation’s funding agreement and annual operational plan; and

in accordance with the rules (if any).

for the benefit of the declared fishery;

for the benefit of the Australian community generally; and

in accordance with the Corporation’s funding agreement and annual operational plan; and

in accordance with the rules (if any).

Debt

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.

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.

(a) amounts of levy imposed by Fishing Levy Act 1991 to the extent that those amounts consist of the component of the levy worked out in accordance with the rules;section 5 of the

(b) amounts by way of penalty under Fisheries Management Act 1991, to the extent that those amounts are attributable to the non-payment of that component.section 112 of the

White spot disease repayment levy and white spot disease repayment export charge

for the benefit of that sector; and

in accordance with the Corporation’s funding agreement and annual operational plan; and

in accordance with the rules (if any).

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.

the management of any payments to the body under this Act, if the body is or becomes a declared recipient body;

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;

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;

the provision of information by the body to the Commonwealth about a matter covered by paragraph (a), (b) or (c).

the Minister, on behalf of the Commonwealth, enters into a funding agreement with a body under this section; and

the body is not a declared recipient body at the time of entry into the agreement; and

the body later becomes a declared recipient body;

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

the Minister, on behalf of the Commonwealth, enters into, or varies, a funding agreement with a body under this section; and

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.

(a) the body is registered as a company under the Corporations Act 2001; and

there is a funding agreement in force between the Commonwealth and the body; and

the Minister is satisfied that, if the body is so declared, the body will comply with its obligations under:

that funding agreement; and

this Act; and

the Minister is satisfied that any other requirements prescribed by the rules for the purposes of this paragraph are satisfied.

When declaration takes effect

the body requests the Minister in writing to revoke the declaration; or

the Minister reasonably believes that the body has contravened this Act or the funding agreement with the body; or

a funding agreement with the body has ceased to be in force and the Minister is satisfied that no further funding agreement will be entered into with the body; or

the Minister reasonably believes that:

the body’s constitution is no longer appropriate for a body performing the functions of a recipient body; or

the body has failed to comply with its constitution; or

an administrator of the body is appointed; or

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

a receiver, or a receiver and manager, of property of the body is appointed (by a court or otherwise); or

the body enters into a compromise or arrangement with some or all of its creditors.

When revocation takes effect

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

to make the payment within the period specified in the direction (which must be at least 28 days after the direction is given).

is a debt due to the Commonwealth; and

may be recovered by the Minister, on behalf of the Commonwealth, by action in a court of competent jurisdiction.

Instruments are not legislative instruments

a revocation under subsection (1);

a direction under subsection (6).

the Minister is satisfied that the direction is in Australia’s national interest because of exceptional and urgent circumstances; and

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

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.

particulars of the direction; and

an assessment of the impact of the direction on the body’s operations during the period.

Exception

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

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

a direction under subsection (1);

a determination under subsection (6).

Subdivision B—Funding agreements with statutory recipient bodies

vary the funding agreement; or

enter into another funding agreement with the body.

the management of any payments to the body under this Act;

any other matter in connection with the making of payments to the body under this Act or the spending of those payments;

the monitoring of the body’s compliance with its obligations under this Act or the agreement;

the provision of information by the body to the Commonwealth about a matter covered by paragraph (a), (b) or (c);

the management of any payments to the body by the Commonwealth other than under this Act.

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;

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;

amounts by way of penalty under section 9 or 11 of the Collection Act, to the extent that those amounts are attributable to the non-payment of those components or of amounts equal to those components.

(a) the Primary Industries (Excise) Levies Act 2024; or

(b) the Primary Industries (Customs) Charges Act 2024; or

(c) the Primary Industries (Services) Levies Act 2024.

collecting or recovering the amounts covered by paragraphs 44(1)(a), (b) and (c); and

administering section 44 in relation to the making of the payments to Animal Health Australia under that section.

the amount of those costs; and

the period within which Animal Health Australia must pay the amount under subsection (1).

Debt

is a debt due to the Commonwealth; and

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

activities, including biosecurity activities, relating to the promotion or maintenance of the health of animals, plants, fungi or algae; or

activities incidental to activities covered by paragraph (a).

(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

the Commonwealth pays to Animal Health Australia under section 44 an amount equal to the received amount; and

the Commonwealth, after making that payment, refunds an 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.

Notice requiring Animal Health Australia to pay amount to Commonwealth

specifying the amount the Commonwealth is not able to set off; and

requiring Animal Health Australia to pay to the Commonwealth the amount specified in the notice; and

specifying the period within which Animal Health Australia must pay the amount specified in the notice.

is a debt due to the Commonwealth; and

may be recovered by the Minister, on behalf of the Commonwealth, by action in a court of competent jurisdiction.

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;

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;

amounts by way of penalty under section 9 or 11 of the Collection Act, to the extent that those amounts are attributable to the non-payment of those components or of amounts equal to those components.

(a) the Primary Industries (Excise) Levies Act 2024; or

(b) the Primary Industries (Customs) Charges Act 2024; or

(c) the Primary Industries (Services) Levies Act 2024.

collecting or recovering the amounts covered by paragraphs 48(1)(a), (b) and (c); and

administering section 48 in relation to the making of the payments under that section.

Reimbursing Animal Health Australia

in receiving and applying the payment in accordance with the priorities in this section; and

before or in the financial year in which the payment is made.

Discharging liability under emergency animal biosecurity response deed

on behalf of a relevant animal health body for the AHA commodity/service; and

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.

Promotion or maintenance of health of animals, plants, fungi or algae and research and development

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

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

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

the period within which Animal Health Australia must pay the amount under subsection (2).

is a debt due to the Commonwealth; and

may be recovered by the Minister, on behalf of the Commonwealth, by action in a court of competent jurisdiction.

(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

the Commonwealth pays to Animal Health Australia under section 48 an amount equal to the received amount; and

the Commonwealth, after making that payment, refunds an 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.

Notice requiring Animal Health Australia to pay amount to Commonwealth

the Secretary gives Animal Health Australia a notice under subsection (2); and

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.

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;

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;

amounts by way of penalty under section 9 or 11 of the Collection Act, to the extent that those amounts are attributable to the non-payment of those components or of amounts equal to those components.

(a) the Primary Industries (Excise) Levies Act 2024; or

(b) the Primary Industries (Customs) Charges Act 2024; or

(c) the Primary Industries (Services) Levies Act 2024.

collecting or recovering the amounts covered by paragraphs 54(1)(a), (b) and (c); and

administering section 54 in relation to the making of the payments to Plant Health Australia under that section.

the amount of those costs; and

the period within which Plant Health Australia must pay the amount under subsection (1).

Debt

is a debt due to the Commonwealth; and

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

activities, including biosecurity activities, relating to the promotion or maintenance of the health of plants, animals, fungi or algae; or

activities incidental to activities covered by paragraph (a).

(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

the Commonwealth pays to Plant Health Australia under section 54 an amount equal to the received amount; and

the Commonwealth, after making that payment, refunds an 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.

Notice requiring Plant Health Australia to pay amount to Commonwealth

specifying the amount the Commonwealth is not able to set off; and

requiring Plant Health Australia to pay to the Commonwealth the amount specified in the notice; and

specifying the period within which Plant Health Australia must pay the amount specified in the notice.

is a debt due to the Commonwealth; and

may be recovered by the Minister, on behalf of the Commonwealth, by action in a court of competent jurisdiction.

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;

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;

amounts by way of penalty under section 9 or 11 of the Collection Act, to the extent that those amounts are attributable to the non-payment of those components or of amounts equal to those components.

(a) the Primary Industries (Excise) Levies Act 2024; or

(b) the Primary Industries (Customs) Charges Act 2024; or

(c) the Primary Industries (Services) Levies Act 2024.

collecting or recovering the amounts covered by paragraphs 58(1)(a), (b) and (c); and

administering section 58 in relation to the making of the payments under that section.

Reimbursing Plant Health Australia

in receiving and applying the payment in accordance with the priorities in this section; and

before or in the financial year in which the payment is made.

Discharging liability under emergency plant biosecurity response deed

on behalf of a relevant plant health body for the PHA commodity/service referred to in subsection (1); and

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.

on behalf of, and at the request of, a relevant plant health body for the PHA commodity/service referred to in subsection (1); and

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.

the body must determine a proportionate amount of the total liability for each of the PHA commodities/services; and

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

plants, animals, fungi or algae to which that PHA commodity/service relates; or

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

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

the period within which Plant Health Australia must pay the amount under subsection (2).

is a debt due to the Commonwealth; and

may be recovered by the Minister, on behalf of the Commonwealth, by action in a court of competent jurisdiction.

(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

the Commonwealth pays to Plant Health Australia under section 58 an amount equal to the received amount; and

the Commonwealth, after making that payment, refunds an 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.

Notice requiring Plant Health Australia to pay amount to Commonwealth

specifying the amount the Commonwealth is not able to set off; and

requiring Plant Health Australia to pay to the Commonwealth the amount specified in the notice; and

specifying the period within which Plant Health Australia must pay the amount specified in the notice.

is a debt due to the Commonwealth; and

may be recovered by the Minister, on behalf of the Commonwealth, by action in a court of competent jurisdiction.

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;

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;

amounts by way of penalty under section 9 or 11 of the Collection Act, to the extent that those amounts are attributable to the non-payment of those components or of amounts equal to those components.

amounts paid to the Commonwealth for the purposes of the National Residue Survey or the Account;

income derived by the Commonwealth from the investment of an amount standing to the credit of the Account.

(a) the Primary Industries (Excise) Levies Act 2024; or

(b) the Primary Industries (Customs) Charges Act 2024; or

(c) the Primary Industries (Services) Levies Act 2024.

(a) to make payments for purposes related to the following activities (each of which is a main activity):

the monitoring and reporting of the level of contaminants in NRS products;

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;

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;

the prevention of contamination in, and the management of risks associated with contamination of, NRS products;

meeting or reimbursing the Commonwealth’s costs in relation to:

collecting or recovering the amounts covered by paragraphs 65(1)(a), (b) and (c); or

administering paragraphs 65(1)(a), (b) and (c); or

the carrying out of a main activity; or

the carrying out of an activity that facilitates a main activity or that is incidental or ancillary to a main activity;

if an amount is credited to the Account because a person or 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;

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.

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;

other expenditure incurred in relation to the provision of those persons or the provision of the services of those persons;

expenditure incurred in relation to surveys conducted for the purpose of monitoring the level of contaminants;

expenditure incurred in relation to the provision of accommodation or administrative support.

while the person holds an approval in force under this section, the person receives relevant NRS information under subsection (1); and

the information is of a kind covered by subsection (10); and

the person uses or discloses that information; and

the use or disclosure is not in accordance with the approval.

Protected information

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;

information the disclosure of which could reasonably be expected to prejudice constitutional trade or commerce.

the entrusted person reasonably believes that disclosing the information is necessary for:

the enforcement of the criminal law; or

the enforcement of a law imposing a pecuniary penalty; or

the protection of public revenue; and

the functions of the body include that enforcement or protection; and

for a body mentioned in paragraph (2)(b) or (d)—the body has undertaken not to use or further disclose the information except in accordance with an agreement that:

is in force between the Commonwealth and the State or Territory; and

applies in relation to the information; and

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.

a Commonwealth entity;

a State or Territory body;

the Australian Federal Police;

the police force or police service of a State or Territory.

a court; or

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.

the person is included in a class of persons prescribed by rules made for the purposes of this paragraph; and

the use is for a purpose prescribed by rules made for the purposes of this paragraph; and

the information is of a kind prescribed by rules made for the purposes of this paragraph; and

the use complies with any conditions prescribed by rules made for the purposes of this paragraph.

the person is included in a class of persons prescribed by rules made for the purposes of this paragraph; and

the disclosure is for a purpose prescribed by rules made for the purposes of this paragraph; and

the information is of a kind prescribed by rules made for the purposes of this paragraph; and

the disclosure complies with any conditions prescribed by rules made for the purposes of this paragraph.

the person is, or has been, an entrusted person; and

the person has obtained or generated information 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

administering this Part; or

assisting another person to administer this Part; and

the information is of a kind covered by subsection (3) of this section; and

the person uses or discloses the information.

Civil penalty

the person is, or has been, an entrusted person; and

the person has obtained or generated information 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

administering this Part; or

assisting another person to administer this Part; and

the information is of a kind covered by subsection (3) of this section; and

the person uses or discloses the information.

Protected information

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;

information the disclosure of which could reasonably be expected to prejudice constitutional trade or commerce.

Exception—required or authorised by law

this Act or another law of the Commonwealth; or

a law of a State or Territory prescribed by rules made for the purposes of this paragraph.

Exception—good faith

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

in the purported administering of this Part; or

in assisting another person in the purported administering of this Part.

the Federal Court of Australia;

the Federal Circuit and Family Court of Australia (Division 2).

Extension to external Territories

the period of 28 days beginning on the day on which that person is notified of the decision, unless paragraph (b) applies; or

if the Secretary allows a longer period for making the request—that longer period.

Reasons for request

reconsider the decision personally; or

(b) cause the decision to be reconsidered by a person (the internal reviewer):

who was not involved in making that decision; and

who is an SES employee, or acting SES employee, in the Department; and

who occupies a position senior to the person who made that decision.

must affirm, vary or set aside the decision; and

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.

the period of 45 days beginning on the day the Secretary receives the request, unless paragraph (b) applies; or

if the aggrieved person and the Secretary or internal reviewer agree on a longer period—that longer period.

Notice of decision on reconsideration

on the day specified in the notice; or

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

a decision under subsection 40(1) that is made by the Minister, except if the decision is made because of paragraph 40(1)(a);

a decision under subsection 72(3) to refuse to grant a person an approval that is made by the Secretary personally;

a decision under subsection 84(6) that is made, or a decision under subsection 84(10) that is taken to have been made, by the Secretary or internal reviewer.

is a debt due to the Commonwealth by the body; and

may be recovered by the Minister, on behalf of the Commonwealth, by action in a court of competent jurisdiction.

Set-off

the number of payments under subsection 86(1) that APS employees in the Department are aware of that were made during that financial year;

the total amount of the payments referred to in paragraph (a);

the number of payments under subsection 86(1) that APS employees in the Department became aware of during that financial year that were made during an earlier financial year;

the total amount of the payments referred to in paragraph (c);

for each payment referred to in paragraph (c)—the financial year in which the payment was made.

the Secretary; or

an SES employee, or acting SES employee, in the Department.

required or permitted by this Act to be prescribed by the rules; or

necessary or convenient to be prescribed for carrying out or giving effect to this Act.

Instruments

create an offence or civil penalty;

provide powers of:

arrest or detention; or

entry, search or seizure;

impose a tax;

directly amend the text of this Act.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under Legislation Act 2003.section 15V of the

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history