Agricultural Livestock (Disease Control Funding) Act 1998 (NSW)

Agricultural Livestock (Disease Control Funding) Act 1998 No 139 An Act to assist agricultural industries to provide and fund services to control diseases in livestock; and for other purposes. Part 1 Preliminary 1 Name of Act This Act is the Agricultural Livestock (Disease Control Funding) Act 1998. 2 Commencement This Act commences on a day or days to be appointed by proclamation. 3 Definitions In this Act— approved policy and priority guidelines for an industry fund means guidelines approved for the fund under section 12. carrying capacity has the same meaning as notional carrying capacity has in the Local Land Services Regulation 2014. collection agent for a transaction based contribution scheme means— (a) any auctioneer, stock and station agent or assistant stock and station agent within the meaning of the Property and Stock Agents Act 2002, or (b) any other person, involved in livestock transactions to which the scheme relates who is authorised under the scheme to collect contributions for the scheme. control a disease includes prevent, eradicate or manage the disease. Department means Regional NSW. designated disease, designated disease control program, designated livestock producers—see section 6. disease means any disease (within the meaning of the Biosecurity Act 2015) in livestock. disease control program—see section 5. exercise a function includes perform a duty. financial year means the year commencing 1 July. function includes a power, authority or duty. fund administrator for an industry fund means a person or persons appointed to administer the fund under section 8A. industry advisory committee means a committee established under section 8. industry fund means a fund established under Division 1 of Part 3. industry levy means a levy imposed under Division 3 of Part 3. levy period—see section 15. livestock producer means a person— (a) who raises livestock on the person's own behalf, or (b) on whose behalf livestock is raised, or (c) who is a party to a share-farming or partnership agreement under which livestock is raised. livestock transaction means the purchase or sale of livestock or any product made or derived from livestock. non-transaction based contribution means a monetary contribution made (or to be made) to an industry fund otherwise than under a transaction based contribution scheme for the fund. occupier has the same meaning as in the Local Land Services Act 2013. ratable land has the same meaning as rateable land has in the Local Land Services Act 2013. relevant transaction based scheme, in relation to a transaction based contribution, means the transaction based contribution scheme under which the contribution is collected. Rural Assistance Authority means the New South Wales Rural Assistance Authority constituted under the Rural Assistance Act 1989. Secretary means the Secretary of the Department. transaction based contribution means a monetary contribution made (or to be made) to an industry fund under a transaction based contribution scheme for the fund. transaction based contribution scheme means a scheme established under section 12B. transaction based contributor means a designated livestock producer who has made a transaction based contribution to an industry fund. 4 Notes Notes included in this Act are explanatory notes and do not form part of this Act. Part 2 Disease control programs 5 Nature of disease control program (1) For the purposes of this Act, a disease control program is an agricultural program for livestock producers comprising a service, or series of services, for the control of a particular disease in livestock. (2) Any such program extends (without limitation) to the following— (a) measures to detect the presence of the disease in livestock, (b) measures to control the disease, (c) research into the disease, (d) measures to assist livestock producers adversely affected by the disease. (3) Any such program may be limited to this State or may be a part of a program in other parts of Australia or in other countries. 6 Approval of funding under this Act for disease control program (1) The Minister may approve the funding under this Act of a disease control program with respect to a particular disease. (2) The Minister may give such an approval if the Minister has consulted representatives of producers of livestock liable to be infected by the disease and is satisfied that— (a) the disease is a significant risk to the livelihood of those livestock producers, and (a1) the rationale for the disease control program is soundly based, the objectives of the program are reasonably achievable and the program is financially viable, and (b) the disease control program is being provided or supported by the relevant sector of the agricultural industry, and (c) the funding of the disease control program under this Act is appropriate in order to assist that sector of the agricultural industry to provide the program. (3) Any such approval is to be given by an order of the Minister published in the Gazette. (4) While any such approval remains in force— (a) the program is a designated disease control program for the purposes of this Act, and (b) the disease is a designated disease for the purposes of this Act, and (c) the producers of livestock liable to be infected by the disease are designated livestock producers for the purposes of this Act. (5) A statement in an order giving any such approval that the Minister has complied with the requirements of subsection (2) is conclusive evidence of compliance with those requirements. 7 Standing Disease Control Advisory Committee (1) The Minister is to establish a Standing Disease Control Advisory Committee. (2) The Committee is to consist of not fewer than 5 members, including— (a) a person appointed by the Minister, who is to be the Chairperson of the Committee, and (b) at least 2 members appointed by the Minister from a panel of at least 5 livestock producers nominated by the NSW Farmers' Association or another affiliated organisation chosen by the Minister that represents livestock producers, and (c) at least one member appointed by the Minister from a panel of at least 3 persons nominated by Local Land Services, and (d) a nominee of the Secretary. A majority of the members of the Committee is to comprise members who are livestock producers. (3) The functions of the Committee are as follows— (a) to advise the Minister on the establishment of disease control programs that are to be funded under this Act, (b) to advise the Minister on the disposal of any surplus amount in an industry fund after the provision of the relevant disease control program for which the fund was established. (4) Any such surplus amount may be disposed of by the Minister for the benefit of the livestock industry concerned having regard to the advice of the Committee. 8 Industry advisory committees (1) The Minister is to establish an industry advisory committee for each designated disease control program. (2) An industry advisory committee is to be called the "[name of designated disease] industry advisory committee". (3) An industry advisory committee is to consist of— (a) a person appointed by the Minister, who is to be the Chairperson of the committee, and (b) at least one member appointed by the Minister from a panel of a least 3 designated livestock producers nominated by the NSW Farmers' Association or another affiliated organisation chosen by the Minister that represents producers in the relevant livestock industry, and (c) at least one member appointed by the Minister from a panel of at least 3 persons nominated by Local Land Services, and (d) such other members (being not fewer than two) as the Minister determines after consultation with representatives of the designated livestock producers concerned. A majority of the members of a committee is to comprise members who are designated livestock producers. (4) The functions of an industry advisory committee are as follows— (a) to advise the Minister on the funding of the designated disease control program, including— (i) the services to be funded, and (ii) the policies and priorities for expenditure from the industry funds established in respect of the designated disease control program, (iii) any industry levy that may be imposed under this Act, (iv) the establishment and operation of any transaction based contribution scheme to fund the designated disease control program, (b) such other functions with respect to the designated disease control program as the Minister directs. (5) Schedule 1 has effect with respect to the constitution and procedure of an industry advisory committee. Part 3 Industry funding Division 1 Industry funds 8A Fund administrators (1) The Minister may, in an order made under section 6 or by subsequent order published in the Gazette, appoint any of the following to be the fund administrator for an industry fund established (or to be established) for a designated disease control program if satisfied that the person or persons is or are qualified to administer the fund— (a) the Secretary, (b) the Rural Assistance Authority, (c) a statutory corporation or any other body corporate, (d) the trustees of a trust (but only if the Minister is satisfied that the trust deed makes appropriate provision for the trustees to administer the fund). (2) For the purposes of this Act, if the fund administrator for an industry fund consists of more that one trustee— (a) any function conferred or imposed by or under this Act on the fund administrator is taken to be conferred or imposed on each trustee, and (b) if a decision is not supported by all the trustees—a decision of the majority of the trustees is taken to be the decision of the fund administrator, and (c) any trustee who knowingly authorised or permitted a contravention of a provision of this Act or the regulations by another trustee is also taken to have contravened the provision and is liable on conviction to any penalty specified for a contravention of the provision. (3) A fund administrator for an industry fund is subject to the direction and control of the Minister except in relation to any advice or report given to the Secretary or Minister concerning the operation of the fund. (4) Nothing in subsection (3) authorises the Minister to direct a fund administrator for an industry fund who administers the fund as a trustee to do an act, or omit to do an act, that would constitute a breach of the trust concerned. (5) If a fund administrator for an industry fund is not the Secretary, it is the duty of the Secretary to keep under review the activities of the administrator and to make regular reports to the Minister on the administration of the fund by the administrator. 9 Establishment of industry fund for designated disease control programs (1) An industry fund is to be established for each designated disease control program. (1A) The fund administrator for an industry fund is to establish the fund. (2) An industry fund is to be called the "[name of designated disease] industry fund". (2A) A separate account is to be maintained in an industry fund in relation to each of the following— (a) non-transaction based contributions to the fund, (b) transaction based contributions to the fund, (c) industry levies that are paid into the fund, (d) any other money paid into the fund. (3) Money in an industry fund is under the control of the fund administrator and can be expended by the fund administrator only for the purposes authorised by this Act. 10 Purpose of industry fund The purpose of an industry fund is to provide a means by which contributions and other payments can be made to the fund by relevant designated livestock producers and other persons and bodies to fund the provision of services under a designated disease control program. 11 Payments into industry fund There is payable into an industry fund— (a) money received from non-transaction based contributions to the fund by the relevant designated livestock producers, and (b) money received from non-transaction based contributions to the fund by any other person or body, and (c) money received from transaction based contributions collected under a transaction based contribution scheme established for the fund, and (d) money received from an industry levy under this Part for the designated disease control program concerned, and (e) money advanced (if any) by the Treasurer for the fund, and (f) money appropriated (if any) by Parliament for the purposes of the fund, and (g) money required by law to be paid to the fund. 12 Payments out of industry fund (1) There is payable from an industry fund— (a) the costs of the relevant designated disease control program paid in accordance with any approved policy and priority guidelines for the fund, and (b) the costs of administration of the fund including (but not limited to) the following— (i) the allowances payable to members of the relevant industry advisory committee and any other expenses of the committee, (ii) the costs of collection of transaction based contributions and industry levies payable to the fund, (iii) the payment of fees to collection agents for a transaction based contribution scheme for the fund for the collection of transaction based contributions (but only where such payment is authorised under the scheme), and (c) the refund to persons of the whole or part of their transaction based contributions under section 12E that have been paid into the fund, and (d) money required by law to be paid from the fund. (2) For the purposes of subsection (1) (a), approved policy and priority guidelines for a fund are any guidelines about the policies and priorities for expenditure from the fund that have been approved by the Minister from time to time. (3) Without limiting subsection (2), any approved policy and priority guidelines for a fund may deal with any or all of the following matters— (a) the manner in which the service or services that comprise the designated disease control program will be funded, (b) the funding priorities of the fund and who should receive funding, (c) the services under the designated disease control program to which transaction based contributors are to be entitled. (4) Before approving any policy and priority guidelines for a fund, the Minister is to have regard to any advice of the industry advisory committee for the designated disease control program concerned and the fund administrator about the policies and priorities for expenditure from the fund. Division 2 Contribution based funding Subdivision 1 Non-transaction based contributions 12A Making of non-transaction based contributions (1) A non-transaction based contribution to an industry fund may be made by any designated livestock producer or other person or body that wishes to do so. (2) In particular, Local Land Services, local councils and other public or local authorities are authorised by this section to make non-transaction based contributions to an industry fund if they wish to do so. Subdivision 2 Transaction based contribution schemes 12B Establishment of transaction based contribution schemes (1) The Minister may, by order published in the Gazette, establish a scheme for the collection from designated livestock producers of contributions based on their livestock transactions for payment into the industry fund for the designated disease control program concerned (a transaction based contribution scheme). (2) A transaction based contribution scheme is to make provision for or with respect to the following matters— (a) the livestock transactions by reference to which contributions under the scheme are to be collected, (b) the designated livestock producers from whom contributions are to be collected under the scheme, (c) the amount of a contribution (or the manner in which the amount of a contribution is to be calculated) under the scheme, (d) the times and manner in which contributions are to be collected under the scheme and paid into the industry fund for which the scheme is established, (e) the collection agents who are authorised to collect contributions for the scheme. (3) A transaction based contribution scheme may also— (a) extend the period within which a transaction based contributor may apply for a refund of a transaction based contribution for the purposes of section 12E (1), and (b) authorise the payment of fees to collection agents for the scheme out of the industry fund concerned and specify the fees that are payable. (4) The Minister may not establish a transaction based contribution scheme for an industry fund unless— (a) the Minister has been advised by the industry advisory committee concerned that the scheme is necessary to provide sufficient funds to provide the designated disease control program concerned, and (b) the Minister is satisfied that the relevant livestock industry has been consulted concerning the establishment of the scheme. (5) A statement in an order made under this section that the Minister has complied with the requirements of subsection (4) is conclusive evidence of compliance with those requirements. (6) Sections 40 (Notice of statutory rules to be tabled) and 41 (Disallowance of statutory rules) of the Interpretation Act 1987 apply to an order made under this section in the same way as they apply to a statutory rule. 12C Collection of transaction based contributions (1) A collection agent for a transaction based contribution scheme is authorised to collect any contribution payable under the scheme in connection with a livestock transaction from a designated livestock producer to which the scheme applies. (2) A collection agent for a transaction based contribution scheme must— (a) collect from the proceeds of any livestock transaction of a designated livestock producer to which the scheme applies such contributions as may be provided by the scheme at such times and in such manner as may be provided by the scheme, and (b) pay any contribution the agent collects under the scheme to the fund administrator for the industry fund for which the scheme was established at the time and in the manner provided by the scheme, and (c) keep such records concerning the collection and payment of such contributions as may be prescribed by the regulations. Maximum penalty—100 penalty units. (3) A collection agent for a transaction based contribution scheme who collects a transaction based contribution from a livestock producer must provide the livestock producer from whom the contribution was collected with a written receipt (whether on the document evidencing the livestock transaction concerned or otherwise) immediately after the collection of the contribution that indicates the following— (a) the name of the livestock producer, (b) the livestock transaction concerned, (c) the amount of the contribution concerned and the date on which it was collected, (d) the name of the collection agent. Maximum penalty—100 penalty units. (4) A collection agent for a transaction based contribution scheme must produce any records concerning the collection or payment of contributions under the scheme in accordance with any written request of the Secretary or fund administrator for the industry fund for which the scheme was established within the period of 7 days after receiving the request. Maximum penalty—100 penalty units. 12D Entitlements to services under designated disease control program (1) A transaction based contributor to an industry fund is entitled during any financial year to receive such services under a designated disease control program as may be specified for such a contributor in the approved policy and priority guidelines for the fund if— (a) the contributor has paid at least one transaction based contribution under the relevant transaction based contribution scheme during the previous financial year, and (b) the contributor has not obtained a refund of any transaction based contribution paid by the contributor under the relevant transaction based contribution scheme during the previous financial year. (2) A receipt of the kind referred to in section 12C (3) is evidence that the livestock producer named in the receipt made the transaction based contribution specified in the receipt on the date specified in the receipt. (3) Despite subsection (1), a fund administrator for an industry fund for a designated disease control program may refuse to provide a service to a designated livestock producer if the fund administrator is satisfied that the producer negligently or intentionally contributed to the outbreak or the spread of the designated disease for which the service is sought. (4) Nothing in this section prevents a person who is not a transaction based contributor to an industry fund or any other person from receiving a service under a designated disease control program if the fund administrator decides to provide the service to that person. 12E Refunds of transaction based contributions (1) A transaction based contributor to an industry fund during a financial year is entitled to a refund of the contribution from the fund administrator if the contributor makes an application to the fund administrator no later than 7 days (or such greater period as may be specified under the relevant transaction based contribution scheme) after the end of the financial year during which the contribution was made. (2) The fund administrator for the industry fund to which the transaction based contribution was made is responsible for making refunds under this section. (3) Applications for, and payment of, the refund are to be made in accordance with such procedures as the Minister determines from time to time. Division 3 Industry levy based funding 13 Imposition of industry levy (1) The Minister may (but need not) authorise the imposition of an industry levy to assist the funding of any designated disease control program. (2) The Minister may give such an authorisation if— (a) the Minister is satisfied, having regard to advice of the industry advisory committee concerned, that the relevant industry fund may not be sufficient to fund the necessary program, and (b) the Minister is satisfied that the relevant livestock industry has been consulted concerning the imposition of the levy. (3) Any such authorisation is to be given by an order of the Minister published in the Gazette. (4) The Secretary is to impose industry levies in accordance with this Act if authorised to do so by any such order of the Minister. (5) A statement in an order giving any such authorisation that the Minister has complied with the requirement of subsection (2) is conclusive evidence of compliance with that requirement. (6) Sections 40 (Notice of statutory rules to be tabled) and 41 (Disallowance of statutory rules) of the Interpretation Act 1987 apply to an order giving any such authorisation in the same way as they apply to a statutory rule. 14 Liability to pay industry levy (1) An industry levy is a rate levied on the occupiers of all ratable land on which livestock in respect of the designated disease control program concerned is raised by or on behalf of designated livestock producers. The rate is to be levied according to the carrying capacity of the land. (2), (3) (Repealed) 15 Levy period (1) An industry levy is payable in respect of each financial year. (2) However, the Minister may, by the order imposing the levy or by a subsequent order published in the Gazette, direct that the levy is payable in respect of a different period. (3) The period in respect of which the levy is payable is called the levy period for the purposes of this Act. 16 Amount of industry levy (1) The amount of an industry levy is to be calculated by the Secretary at the rate fixed by the Minister in the order authorising the levy or in a subsequent order of the Minister published in the Gazette. (1A) The Minister may make a subsequent order fixing a rate under subsection (1) if— (a) the Minister is satisfied, having regard to advice of the industry advisory committee concerned, that the amount of the levy to be fixed is appropriate, and (b) the Minister is satisfied that the relevant livestock industry has been consulted concerning the amount of the levy. (1B) A statement in an order giving any such authorisation that the Minister has complied with the requirements of subsection (1A) is conclusive evidence of compliance with those requirements. (2) The rate fixed by the Minister may provide for a minimum or maximum amount of levy to be payable, or for no amount to be payable if the carrying capacity of the ratable land does not exceed a minimum carrying capacity. Part 4 17–20 (Repealed) Part 5 Collection of industry levies 21 Application This Part applies to the collection of industry levies imposed by the Secretary under Division 3 of Part 3. 22 Obtaining information from Local Land Services (1) The Secretary may, by notice in writing, require Local Land Services to supply to the Secretary such information with respect to ratable land and other matters as the Secretary requires for the purposes of the imposition and collection of industry levies. (2) Local Land Services is required to supply that information within the time and in the form required by the Secretary despite any restriction imposed by law on the disclosure of that information by Local Land Services. 23 Local Land Services required to collect industry levies (1) The Secretary may, by notice in writing, direct Local Land Services to collect the industry levies imposed by the Secretary in respect of ratable land. (2) Local Land Services is to collect any such industry levy in the same manner as it collects a rate imposed under the Local Land Services Act 2013. (3) Any amount collected by Local Land Services is to be paid to the Secretary within such time and in such manner as the Secretary directs. (4) Local Land Services is to be paid such amount for the collection of industry levies as the Minister determines having regard to the advice of Local Land Services and the relevant industry advisory committee. The arrangements for that payment may include the retention by Local Land Services of a percentage of industry levies collected by Local Land Services. (5) A failure by Local Land Services to collect or pay the levy, or to comply with any requirement made by or under this Act with respect to the levy, is taken to be a contravention by Local Land Services of the Local Land Services Act 2013 and may be dealt with accordingly. 24 Application of Local Land Services Act 2013 (1) The Local Land Services Act 2013 applies, for the purposes of the collection of an industry levy, as if the industry levy were a rate imposed by Local Land Services under that Act. (2) That Act so applies with any necessary modifications and with such modifications as are prescribed by this Part or the regulations. (3) The regulations may provide that a function exercisable by Local Land Services under that Act may be exercised by the Secretary in connection with industry levies under this Act. (4) In this section, modifications includes additions and omissions. Part 5A Administrative review of funding decisions by Civil and Administrative Tribunal 25 Administrative review of industry levy based funding decisions (1) A person who is required to pay an industry levy under this Act may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of any of the following decisions of the Secretary with respect to the levy— (a) a decision that the person is liable to pay the levy, (b) a decision as to the amount of the levy that the person is liable to pay, (c) (Repealed) (2) A decision is not subject to administrative review in an application under this section on the grounds of a dispute about the carrying capacity of ratable land. 25A Administrative review of transaction based contribution funding decisions (1) A person from whom a transaction based contribution to an industry fund has been or may be collected under this Act may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of any of the following decisions of the Secretary or the fund administrator for the fund with respect to the contribution— (a) a decision that the contribution is to be collected from the person, (b) a decision as to the amount of the contribution that is to be collected from the person, (c) a decision not to make a refund to the person under section 12E, (d) a decision that the person is not entitled to receive a service under the designated disease control program. (2) If a collection agent for the relevant transaction based contribution scheme makes a decision of the kind referred to in subsection (1) (a) or (b), the Secretary is taken to have made that decision for the purposes of an application under subsection (1). (3) If a fund administrator for an industry fund has not determined an application for a refund of a transaction based contribution to the fund within 28 days after the application is made, the fund administrator is taken to have refused to make the refund for the purposes of an application to the Tribunal under subsection (1). Part 6 General provisions relating to industry funds 26 Investment of money in industry funds (1) The fund administrator for an industry fund is (subject to any directions of the Minister) to invest money in the fund— (a) if the fund administrator is a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018—in any way that the fund administrator is permitted to invest money under that Part, or (b) if the fund administrator is not a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018—in any way approved by the Treasurer. (2) The proceeds of investment of money in an industry fund are to be paid into that fund. (3) Money in all or any of the industry funds may be invested as a common pool. The proceeds of investment are to be distributed among the industry funds that contributed money to the common pool according to the amount contributed. 26A Deficits in industry funds A fund administrator for an industry fund must not make payments out of the fund if the fund is in deficit, or would be in deficit if the payments were made, unless the fund administrator has first obtained the written approval of the Minister. Maximum penalty—100 penalty units. 27 Internal loans between industry funds (1) Money held in any industry fund (being money that is not yet required for the purposes of that fund) may be lent (by way of an internal loan) to any other industry fund if the Minister approves. (2) (Repealed) (3) The terms of the loan (includ