Commonwealth: Primary Industries Levies and Charges Disbursement Act 2024 (Cth)

Primary Industries Levies and Charges Disbursement Act 2024 No. 59, 2024 Compilation No. 1 Compilation date: 21 February 2025 Includes amendments: Act No. 14, 2025 About this compilation This compilation This is a compilation of the Primary Industries Levies and Charges Disbursement Act 2024 that shows the text of the law as amended and in force on 21 February 2025 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law. Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents Part 1—Preliminary 1 Short title 2 Commencement 3 Simplified outline of this Act 4 General definitions 5 Declared fishery 6 Designated primary industry sectors for declared recipient bodies 7 Definition of relevant animal health body 8 Definition of relevant plant health body 9 Definition of research and development activity 10 Definition of research and development 11 Act binds Crown 12 Extension of this Act to external Territories 13 Extra‑territorial application of this Act Part 2—Funding for recipient bodies Division 1—Simplified outline of this Part 14 Simplified outline of this Part Division 2—Levy or charge payments Subdivision A—Commonwealth to make levy or charge payments 15 Commonwealth to make levy or charge payments 16 Payment of Commonwealth costs 17 Effect of refunds Subdivision B—Spending requirements for declared recipient bodies 18 Spending of amounts equal to marketing collected amounts 19 Spending of amounts equal to research and development collected amounts 20 Spending of amounts equal to general collected amounts Subdivision C—Spending requirements for statutory recipient bodies 21 Spending of amounts equal to marketing collected amounts 22 Spending of amounts equal to research and development collected amounts Division 3—Matching payments Subdivision A—Commonwealth to make matching payments to most recipient bodies 23 Commonwealth to make matching payments 24 Definition of qualifying expenditure amount 25 Definition of average gross value of production amount Subdivision B—Commonwealth to make matching payments to Fisheries Research and Development Corporation 26 Commonwealth to make matching payments in relation to the fishing industry (except declared fisheries) 27 Commonwealth to make matching payments in relation to a declared fishery 28 Scope of Fisheries Research and Development Corporation's expenditure amounts 29 Definition of average total main fishing industry GVP amount 30 Definition of average Commonwealth main fishing industry GVP amount 31 Definition of average State/Territory main fishing industry GVP amount 32 Definition of average declared fishery GVP amount Subdivision C—Spending requirements for declared recipient bodies 33 Spending of matching payments Subdivision D—Spending requirements for statutory recipient bodies 34 Spending of matching payments—statutory recipient bodies except the Fisheries Research and Development Corporation 35 Spending of matching payments—Fisheries Research and Development Corporation Division 4—Other payments to the Fisheries Research and Development Corporation 36 Commonwealth to make other payments to the Fisheries Research and Development Corporation Division 5—Appropriation 37 Appropriation Division 6—Funding agreements and recipient bodies Subdivision A—Funding agreements and declared recipient bodies 38 Funding agreements with companies 39 Minister may declare bodies to be recipient bodies 40 Minister may revoke declaration of a body as a recipient body 41 Minister may give directions to declared recipient bodies Subdivision B—Funding agreements with statutory recipient bodies 42 Funding agreements with statutory recipient bodies Part 3—Funding for Animal Health Australia Division 1—Simplified outline of this Part 43 Simplified outline of this Part Division 2—Funding for Animal Health Australia Subdivision A—Payments relating to biosecurity activity 44 Commonwealth to make payments—collected amounts relating to biosecurity activity 45 Application of money 46 Effect of refunds 47 Recoverable payments—payment of debt Subdivision B—Payments relating to biosecurity response 48 Commonwealth to make payments—collected amounts relating to biosecurity response 49 Application of money 50 Effect of refunds 51 Recoverable payments—payment of debt Subdivision C—Appropriation 52 Appropriation Part 4—Funding for Plant Health Australia Division 1—Simplified outline of this Part 53 Simplified outline of this Part Division 2—Funding for Plant Health Australia Subdivision A—Payments relating to biosecurity activity 54 Commonwealth to make payments—collected amounts relating to biosecurity activity 55 Application of money 56 Effect of refunds 57 Recoverable payments—payment of debt Subdivision B—Payments relating to biosecurity response 58 Commonwealth to make payments—collected amounts relating to biosecurity response 59 Application of money 60 Effect of refunds 61 Recoverable payments—payment of debt Subdivision C—Appropriation 62 Appropriation Part 5—Funding and information management for the National Residue Survey Division 1—Simplified outline of this Part 63 Simplified outline of this Part Division 2—Funding for National Residue Survey 64 National Residue Survey Special Account 65 Credits to the National Residue Survey Special Account 66 Purposes of the National Residue Survey Special Account 67 Report about National Residue Survey Special Account Division 3—Information management Subdivision A—Authorised uses and disclosures of relevant NRS information 68 Use or disclosure for National Residue Survey activities etc. 69 Use or disclosure for the purposes of other Acts 70 Disclosure to authorities of the Commonwealth, a State or Territory 71 Disclosure to foreign governments etc. for export, trade and other purposes 72 Disclosure to persons holding an approval 73 Disclosure for the purposes of law enforcement 74 Disclosure to a court, tribunal etc. 75 Use or disclosure of statistics 76 Use or disclosure of publicly available information 77 Disclosure to person to whom information relates 78 Use or disclosure with consent 79 Disclosure to person who provided information 80 Use or disclosure authorised by rules Subdivision B—Protected information 81 Offence and civil penalty—use or disclosure of protected information 82 Enforcement of civil penalty provisions Part 6—Other matters Division 1—Simplified outline of this Part 83 Simplified outline of this Part Division 2—Reconsideration and review of decisions 84 Internal reconsideration of decisions 85 Administrative Review Tribunal review of decisions Division 3—Recoverable payments 86 Recoverable payments 87 Report about recoverable payments Division 4—Administrative provisions 88 Delegation by Minister 89 Delegation by Secretary 90 Rules Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history An Act relating to disbursing amounts equal to levies and charges collected under the Primary Industries Levies and Charges Collection Act 2024 and disbursing certain other amounts, and for related purposes Part 1—Preliminary 1 Short title This Act is the Primary Industries Levies and Charges Disbursement Act 2024. 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provisions Commencement Date/Details 1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table The day this Act receives the Royal Assent. 9 July 2024 2. Sections 3 to 37 1 January 2025. 1 January 2025 3. Section 38 The day after this Act receives the Royal Assent. 10 July 2024 4. Sections 39 to 41 1 January 2025. 1 January 2025 5. Section 42 The day after this Act receives the Royal Assent. 10 July 2024 6. Sections 43 to 90 1 January 2025. 1 January 2025 Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act. (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act. 3 Simplified outline of this Act General This Act provides for payments to declared recipient bodies, statutory recipient bodies, Animal Health Australia and Plant Health Australia and for crediting of amounts to the National Residue Survey Special Account. Payments to declared recipient bodies and statutory recipient bodies The Commonwealth must pay to declared recipient bodies and statutory recipient bodies amounts connected with various levies and charges collected under rules made under the Collection Act. The bodies must spend the payments on various activities, including research and development activities and marketing activities for the benefit of primary industries. The Commonwealth must also make matching payments to the bodies, based on amounts of expenditure on research and development activities or certain other activities by the bodies and on gross value of production amounts. The bodies must spend the matching payments on various activities, including research and development activities for the benefit of primary industries. Payments to Animal Health Australia and Plant Health Australia The Commonwealth must pay to Animal Health Australia and Plant Health Australia amounts connected with various levies and charges collected under rules made under the Collection Act. Animal Health Australia and Plant Health Australia must spend the payments on various activities, including activities relating to the promotion or maintenance of the health of plants, animals, fungi or algae. National Residue Survey Special Account There is a National Residue Survey Special Account. There is credited to the Account amounts connected with various levies and charges collected under rules made under the Collection Act. The main purpose of the Account is making payments for purposes relating to the following activities: (a) the monitoring, testing and reporting of the level of contaminants in NRS products or the environment; (b) the prevention of contamination in, and the management of risks associated with contamination of, NRS products. 4 General definitions (1) In this Act: agricultural statistics body means: (a) the part of the Department known as the Australian Bureau of Agricultural and Resource Economics and Sciences, unless paragraph (b) applies; or (b) if the rules prescribe a body for the purposes of this paragraph—that body. AHA commodity/service means the following: (a) an animal product; (b) a plant product, a fungus product or an algal product prescribed by the rules for the purposes of this paragraph; (c) goods that are of a kind consumed by, or used in the maintenance or treatment of, animals; (d) a service that facilitates the production of an animal product. algae means macroalgae, microalgae or cyanobacteria, and includes seaweeds. algal product means: (a) an alga; or (b) any part of an alga; or (c) anything produced by an alga; or (d) anything wholly or principally produced from, or wholly or principally derived from, an alga. animal means any member, alive or dead, of the animal kingdom (other than a human being). Animal Health Australia means Australian Animal Health Council Limited (ACN 071 890 956). animal product means: (a) an animal; or (b) any part of an animal; or (c) anything produced by an animal; or (d) anything wholly or principally produced from, or wholly or principally derived from, an animal. average Commonwealth main fishing industry GVP amount has the meaning given by section 30. average declared fishery GVP amount has the meaning given by section 32. average gross value of production amount has the meaning given by section 25. average State/Territory main fishing industry GVP amount has the meaning given by section 31. average total main fishing industry GVP amount has the meaning given by section 29. charge means a charge imposed by regulations under the Primary Industries (Customs) Charges Act 2024. civil penalty provision has the same meaning as in the Regulatory Powers Act. Collection Act means the Primary Industries Levies and Charges Collection Act 2024. Commonwealth entity has the same meaning as in the Public Governance, Performance and Accountability Act 2013. Commonwealth main fishing industry GVP amount has the meaning given by section 30. constitutional trade or commerce means trade or commerce: (a) between Australia and a place outside Australia; or (b) among the States; or (c) between a State and a Territory; or (d) between 2 Territories; or (e) within a Territory. declared fishery means a part of the fishing industry that is the subject of a declaration that is referred to in section 5 and is in force. declared fishery expenditure amount has the meaning given by section 27. declared fishery GVP amount has the meaning given by section 32. declared fishery levy or charge, in relation to a declared fishery, is a levy or charge prescribed by the rules in relation to that fishery. declared livestock export body has the meaning prescribed by the rules. declared meat processor body has the meaning prescribed by the rules. declared recipient body means a body that is the subject of a declaration in force under subsection 39(1). designated primary industry sector, in relation to a declared recipient body or a statutory recipient body, means the following: (a) each primary industry prescribed by the rules in relation to the body; (b) each part of a primary industry, being a part prescribed by the rules in relation to the body. Note: See also section 6 in relation to declared recipient bodies. emergency animal biosecurity response deed means the following as in force from time to time: (a) the government and livestock industry cost sharing deed in respect of emergency animal disease responses made by the Commonwealth and other parties, and executed by the Commonwealth in March 2002; (b) a deed: (i) that relates to an emergency biosecurity response; and (ii) that is prescribed by the rules for the purposes of this subparagraph. emergency plant biosecurity response deed means the following as in force from time to time: (a) the Government and Plant Industry Cost Sharing Deed in respect of Emergency Plant Pest Responses, executed by the Commonwealth on 26 May 2005; (b) a deed: (i) that relates to an emergency biosecurity response; and (ii) that is prescribed by the rules for the purposes of this subparagraph. entrusted person means any of the following: (a) the Minister; (b) the Secretary; (c) an APS employee in the Department; (d) any other person who is employed or engaged by the Commonwealth to provide services to the Commonwealth in connection with the Department and who is covered by an authorisation in force under subsection (2); (e) any other person who is: (i) employed or engaged by the Commonwealth or a body corporate that is established by a law of the Commonwealth; and (ii) in a class of persons prescribed by the rules for the purposes of this subparagraph. fishing industry has the meaning prescribed by the rules. funding agreement means an agreement in force under section 38 or 42. fungus means any member, alive or dead, of the fungi kingdom, and includes yeasts, mushrooms and truffles. fungus product means: (a) a fungus; or (b) any part of a fungus; or (c) anything produced by a fungus; or (d) anything wholly or principally produced from, or wholly or principally derived from, a fungus. general collected amounts means amounts prescribed by the rules for the purposes of this definition. gross value of production amount has the meaning given by section 25. levy means a levy imposed by regulations under: (a) the Primary Industries (Excise) Levies Act 2024; or (b) the Primary Industries (Services) Levies Act 2024. main fishing industry has the meaning prescribed by the rules. marketing activities, in relation to a declared recipient body or a statutory recipient body, means the following: (a) the marketing, advertising or promotion of: (i) a designated primary industry sector in relation to that body; or (ii) goods that are the produce, or that are derived from the produce, of a designated primary industry sector in relation to that body; (b) activities incidental to such marketing, advertising or promotion. marketing collected amounts means amounts prescribed by the rules for the purposes of this definition. NRS products means: (a) food products; or (b) products that result from any of the following: (i) agriculture or the cultivation of land; (ii) the maintenance of animals for commercial purposes; (iii) fishing or aquaculture; (iv) hunting or trapping; (v) horticulture; (vi) any other primary industry activity; or (c) any other products that are of a kind used as inputs to the production of products covered by paragraph (a) or (b); whether or not the products have been subjected to any operation (including harvesting, chilling, freezing, drying, bottling, packing, canning and preserving). nursery products includes trees, shrubs, plants, seeds, bulbs, corms, tubers, propagating material and plant tissue cultures, grown for ornamental purposes or for producing fruits, vegetables, nuts or cut flowers and foliage. PHA commodity/service means the following: (a) a plant product, a fungus product or an algal product; (b) an animal product prescribed by the rules for the purposes of this paragraph; (c) goods that are of a kind consumed by, or used in the maintenance or treatment of, plants, fungi or algae; (d) goods that are for use in the production or preparation of nursery products; (e) a service that facilitates the production of a plant product, a fungus product or an algal product. plant means any member, alive or dead, of the plant kingdom. Plant Health Australia means Plant Health Australia Limited (ACN 092 607 997). plant product means: (a) a plant; or (b) any part of a plant; or (c) anything produced by a plant; or (d) anything wholly or principally produced from, or wholly or principally derived from, a plant. primary industry has the meaning prescribed by the rules. qualifying expenditure amount has the meaning given by section 24. recipient body means a declared recipient body or a statutory recipient body. Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014. relevant animal health body, for an AHA commodity/service, has the meaning given by section 7. relevant fishing expenditure amount has the meaning given by section 26. relevant NRS information means: (a) information obtained or generated by a person in the course of, or for the purposes of, carrying out activities covered by paragraph 66(1)(a) and paid for with amounts debited from the National Residue Survey Special Account; or (b) information obtained or generated by a person in the course of or for the purposes of: (i) administering Part 5; or (ii) assisting another person to administer Part 5. relevant plant health body, for a PHA commodity/service, has the meaning given by section 8. research and development has the meaning given by section 10. research and development activity has the meaning given by section 9. research and development collected amounts means amounts prescribed by the rules for the purposes of this definition. rules means the rules made by the Minister under section 90. Secretary means Secretary of the Department. State or Territory body includes a Department of State, or an authority or agency, of a State or Territory. State/Territory main fishing industry GVP amount has the meaning given by section 31. statutory recipient body means the following: (a) a research and development corporation established under regulations, or continued in existence under regulations, made for the purposes of section 8 of the Primary Industries Research and Development Act 1989; (b) the Rural Industries Research and Development Corporation established under section 9 of the Primary Industries Research and Development Act 1989; (c) Wine Australia. total main fishing industry GVP amount has the meaning given by section 29. (2) The Secretary may, in writing, authorise a person for the purposes of paragraph (d) of the definition of entrusted person in subsection (1). 5 Declared fishery The rules may declare part of the fishing industry, whether managed in whole or in part by or on behalf of the Commonwealth or a State or Territory, to be a declared fishery. 6 Designated primary industry sectors for declared recipient bodies (1) The rules may: (a) prescribe a primary industry in relation to a declared recipient body only if the primary industry is a nationally significant one; or (b) prescribe a part of a primary industry in relation to a declared recipient body only if that part is a nationally significant one. (2) The following matters are relevant to whether a primary industry, or a part of a primary industry, is a nationally significant one: (a) the national presence of the primary industry or part, including the geographical factors affecting the extent of that presence; (b) the economic significance of the primary industry or part to the Australian economy; (c) the historical significance of the primary industry or part. (3) Subsection (2) does not limit the matters relevant to whether a primary industry, or a part of a primary industry, is a nationally significant one. 7 Definition of relevant animal health body (1) For the purposes of this Act, relevant animal health body, for an AHA commodity/service, means a body determined in an instrument under subsection (2) in relation to the AHA commodity/service. (2) The Secretary may, by notifiable instrument, determine one or more bodies in relation to one or more specified AHA commodities/services. (3) The Secretary must not determine a body in relation to an AHA commodity/service unless: (a) the body is a member of Animal Health Australia; and (b) the Secretary is satisfied that the body represents an industry in relation to the AHA commodity/service. 8 Definition of relevant plant health body (1) For the purposes of this Act, relevant plant health body, for a PHA commodity/service, means a body determined in an instrument under subsection (2) in relation to the PHA commodity/service. (2) The Secretary may, by notifiable instrument, determine one or more bodies in relation to one or more specified PHA commodities/services. (3) The Secretary must not determine a body in relation to a PHA commodity/service unless: (a) the body is a member of Plant Health Australia; and (b) the Secretary is satisfied that the body represents an industry in relation to the PHA commodity/service. 9 Definition of research and development activity Research and development projects (1) A research and development activity, for a designated primary industry sector in relation to a declared recipient body or a statutory recipient body, is a project for research and development for that sector. Note: For research and development, see section 10. Extension (2) Another research and development activity, for a designated primary industry sector in relation to a declared recipient body or a statutory recipient body, is educating, informing or providing assistance to persons or bodies if: (a) the persons or bodies are engaged in aspects of that sector (including producing, processing, storing, transporting or marketing goods that are the produce, or that are derived from the produce, of that sector); and (b) that educating, informing or providing of assistance is to encourage or develop the capacity of the persons or bodies to adopt technical developments, innovations or technology arising from research and development in relation to that sector to improve those aspects. Development of persons (3) Another research and development activity, for a designated primary industry sector in relation to a declared recipient body or a statutory recipient body, is the development of persons to carry out or adopt research and development in relation to that sector. Communication or publication (4) Another research and development activity, for a designated primary industry sector in relation to a declared recipient body or a statutory recipient body, is the communication or publication, in any form, of information that is related to research and development in relation to that sector. Incidental activities (5) Another research and development activity, for a designated primary industry sector in relation to a declared recipient body or a statutory recipient body, is an activity incidental to an activity covered by subsection (1), (2), (3) or (4). 10 Definition of research and development (1) Research and development, for a designated primary industry sector in relation to a declared recipient body or a statutory recipient body, is the systematic experimentation or analysis in any field of science, technology, economics or business carried out with the object of: (a) acquiring knowledge that may be of use in achieving or furthering an objective of that sector; or (b) applying such knowledge for the purpose of achieving or furthering an objective of that sector. (2) Without limiting subsection (1), the systematic experimentation or analysis in a field referred to in that subsection includes the study of the social or environmental consequences of adopting technical developments, innovations or technology. (3) Without limiting paragraph (1)(a) or (b), an objective of a sector is improving: (a) the productivity of that sector; or (b) any aspect of the production, processing, storage, transport or marketing of goods that are the produce, or that are derived from the produce, of that sector. 11 Act binds Crown (1) This Act binds the Crown in each of its capacities. (2) However, this Act does not make the Crown liable to be prosecuted for an offence. 12 Extension of this Act to external Territories This Act extends to every external Territory. 13 Extra‑territorial application of this Act This Act extends to acts, omissions, matters and things outside Australia. Part 2—Funding for recipient bodies Division 1—Simplified outline of this Part 14 Simplified outline of this Part The Commonwealth must pay to declared recipient bodies and statutory recipient bodies amounts connected with various levies and charges collected under rules made under the Collection Act. The bodies must spend the payments on various activities, including research and development activities and marketing activities for the benefit of primary industries. The Commonwealth must also make matching payments to the bodies, based on amounts of expenditure on research and development activities or certain other activities by the bodies and on gross value of production amounts. The bodies must spend the matching payments on various activities, including research and development activities for the benefit of primary industries. The Minister may enter into funding agreements with the bodies. Division 2—Levy or charge payments Subdivision A—Commonwealth to make levy or charge payments 15 Commonwealth to make levy or charge payments (1) The Commonwealth must pay to a recipient body amounts equal to the following amounts that are received by or on behalf of the Commonwealth: (a) amounts of a levy or charge imposed by a provision prescribed by the rules in relation to that body, to the extent that those amounts are equal to the components of the rate of that levy or charge prescribed by the rules; (b) in relation to that levy or charge—amounts paid by a person under rules made for the purposes of paragraph 10(1)(a) of the Collection Act, to the extent that those amounts are equal to those components; (c) 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. (2) For the purposes of paragraph (1)(a), a provision prescribed by the rules must be a provision of regulations made under: (a) the Primary Industries (Excise) Levies Act 2024; or (b) the Primary Industries (Customs) Charges Act 2024; or (c) the Primary Industries (Services) Levies Act 2024. 16 Payment of Commonwealth costs Payment of Commonwealth costs (1) A recipient body that is paid amounts under section 15 must pay to the Commonwealth amounts equal to the Commonwealth's costs in: (a) collecting or recovering the amounts covered by paragraphs 15(1)(a), (b) and (c); and (b) administering section 15 in relation to the making of the payments to the body under that section. (2) The Secretary must give the recipient body written notice of: (a) the amount of those costs; and (b) the period within which the body must pay the amount under subsection (1). Debt (3) If an amount payable by a recipient body under subsection (1) remains unpaid at the end of that period, the amount: (a) is a debt due to the Commonwealth; and (b) may be recovered by the Minister, on behalf of the Commonwealth, by action in a court of competent jurisdiction. 17 Effect of refunds Set‑off (1) If: (a) an amount (the received amount) covered by paragraph 15(1)(a), (b) or (c) is received by or on behalf of the Commonwealth; and (b) the Commonwealth pays to a recipient body under section 15 an amount equal to the received amount; and (c) 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. Note: The Commonwealth might refund an amount because a person paid too much levy or charge. Notice requiring recipient body to pay amount to Commonwealth (2) If the Commonwealth is not able to do so, the Secretary may give the recipient body a written notice: (a) specifying the amount the Commonwealth is not able to set off; and (b) requiring the body to pay to the Commonwealth the amount specified in the notice; and (c) specifying the period within which the body must pay the amount specified in the notice. Debt (3) If the recipient body is required by a notice under subsection (2) to pay an amount to the Commonwealth and an amount payable by the body remains unpaid at the end of the period specified in the notice, the amount unpaid: (a) is a debt due to the Commonwealth; and (b) may be recovered by the Minister, on behalf of the Commonwealth, by action in a court of competent jurisdiction. Subdivision B—Spending requirements for declared recipient bodies 18 Spending of amounts equal to marketing collected amounts (1) If a declared recipient body is paid amounts under section 15, then so much of those amounts as are equal to marketing collected amounts may be spent by the body only on matters covered by this section. Marketing activities (2) A matter is marketing activities, in relation to the body, where expenditure on those activities is: (a) for the benefit of a designated primary industry sector in relation to the body; and (b) in accordance with the body's funding agreement; and (c) in accordance with the rules (if any). (3) Without limiting paragraph (2)(c), the rules may require expenditure by the body, of a part of the amounts equal to the marketing collected amounts, to be for the benefit of the designated primary industry sector prescribed by the rules. Commonwealth's costs (4) A matter is making a payment to the Commonwealth under section 16 to the extent that the payment relates to: (a) meeting the Commonwealth's costs in collecting or recovering the marketing collected amounts; or (b) meeting the Commonwealth's costs in administering section 15 in relation to paying the amounts equal to the marketing collected amounts. Note: Section 16 requires the body to pay to the Commonwealth amounts equal to those costs. Refunds (5) A matter is making a payment to the Commonwealth under section 17 to the extent that the payment is attributable to a refund of an amount equal to the whole or a part of a marketing collected amount. Note: Section 17 may require the body to pay to the Commonwealth amounts equal to certain refunds made by the Commonwealth. Debts (6) A matter is making a payment of a debt (if any) mentioned in subsection 86(2), to the extent that the debt arose because of a purported payment under section 15 to the body of amounts equal to marketing collected amounts. Matters prescribed by the rules (7) A matter is any matter that is prescribed by the rules for the purposes of this subsection in relation to: (a) the body; and (b) a designated primary industry sector in relation to the body. The rules may provide that expenditure by the body on the matter is subject to any conditions prescribed by the rules. 19 Spending of amounts equal to research and development collected amounts (1) If a declared recipient body is paid amounts under section 15, then so much of those amounts as are equal to research and development collected amounts may be spent by the body only on matters covered by this section. Research and development activities (2) A matter is research and development activities, for a designated primary industry sector in relation to the body, where expenditure on those activities is: (a) for the benefit of that sector; and (b) in accordance with the body's funding agreement; and (c) in accordance with the rules (if any). (3) Without limiting paragraph (2)(c), the rules may require expenditure by the body, of a part of the amounts equal to the research and development collected amounts, to be for the benefit of the designated primary industry sector prescribed by the rules. Commonwealth's costs (4) A matter is making a payment to the Commonwealth under section 16 to the extent that the payment relates to: (a) meeting the Commonwealth's costs in collecting or recovering the research and development collected amounts; or (b) meeting the Commonwealth's costs in administering section 15 in relation to paying the amounts equal to the research and development collected amounts. Note: Section 16 requires the body to pay to the Commonwealth amounts equal to those costs. Refunds (5) A matter is making a payment to the Commonwealth under section 17 to the extent that the payment is attributable to a refund of an amount equal to the whole or a part of a research and development collected amount. Note: Section 17 may require the body to pay to the Commonwealth amounts equal to certain refunds made by the Commonwealth. Debts (6) A matter is making a payment of a debt (if any) mentioned in subsection 86(2), to the extent that the debt arose because of a purported payment under section 15 to the body of amounts equal to research and development collected amounts. Matters prescribed by the rules (7) A matter is any matter that is prescribed by the rules for the purposes of this subsection in relation to: (a) the body; and (b) a designated primary industry sector in relation to the body. The rules may provide that expenditure by the body on the matter is subject to any conditions prescribed by the rules. 20 Spending of amounts equal to general collected amounts (1) If a declared recipient body is paid amounts under section 15, then so much of those amounts as are equal to general collected amounts may be spent by the body only on matters covered by this section. Matters prescribed by the rules (2) A matter is any matter that is prescribed by the rules for the purposes of this subsection in relation to: (a) the body; and (b) a designated primary industry sector in relation to the body. The rules may provide that expenditure by the body on the matter is subject to any conditions prescribed by the rules. Commonwealth's costs (3) A matter is making a payment to the Commonwealth under section 16 to the extent that the payment relates to: (a) meeting the Commonwealth's costs in collecting or recovering the general collected amounts; or (b) meeting the Commonwealth's costs in administering section 15 in relation to paying the amounts equal to the general collected amounts. Note: Section 16 requires the body to pay to the Commonwealth amounts equal to those costs. Refunds (4) A matter is making a payment to the Commonwealth under section 17 to the extent that the payment is attributable to a refund of an amount equal to the whole or a part of a general collected amount. Note: Section 17 may require the body to pay to the Commonwealth amounts equal to certain refunds made by the Commonwealth. Debts (5) A matter is making a payment of a debt (if any) mentioned in subsection 86(2), to the extent that the debt arose because of a purported payment under section 15 to the body of amounts equal to general collected amounts. Subdivision C—Spending requirements for statutory recipient bodies 21 Spending of amounts equal to marketing collected amounts (1) If a statutory recipient body is paid amounts under section 15, then so much of those amounts as are equal to marketing collected amounts may be spent by the body only on matters covered by this section. Marketing activities (2) A matter is marketing activities, in relation to the body, where expenditure on those activities is: (a) for the benefit of a designated primary industry sector in relation to the body; and (b) in accordance with the body's funding agreement; and (c) in accordance with the rules (if any). (3) Without limiting paragraph (2)(c), the rules may require expenditure by the body, of a part of the amounts equal to the marketing collected amounts, to be for the benefit of the designated primary industry sector prescribed by the rules. Commonwealth's costs (4) A matter is making a payment to the Commonwealth under section 16 to the extent that the payment relates to: (a) meeting the Commonwealth's costs in collecting or recovering the marketing collected amounts; or (b) meeting the Commonwealth's costs in administering section 15 in relation to paying the amounts equal to the marketing collected amounts. Note: Section 16 requires the body to pay to the Commonwealth amounts equal to those costs. Refunds (5) A matter is making a payment to the Commonwealth under section 17 to the extent that the payment is attributable to a refund of an amount equal to the whole or a part of a marketing collected amount. Note: Section 17 may require the body to pay to the Commonwealth amounts equal to certain refunds made by the Commonwealth. Debts (6) A matter is making a payment of a debt (if any) mentioned in subsection 86(2), to the extent that the debt arose because of a purported payment under section 15 to the body of amounts equal to marketing collected amounts. General payments (7) A matter is doing the following: (a) paying or discharging expenses, charges, obligations and liabilities incurred by the body in the performance of its functions or the exercise of its powers; (b) paying remuneration, allowances, fees or expenses payable under the Primary Industries Research and Development Act 1989 or the Wine Australia Act 2013. (8) Paragraph (7)(a) does not apply to a matter covered by subsection 22(2), (4), (5) or (6). Matters prescribed by the rules (9) A matter is any matter that is prescribed by the rules for the purposes of this subsection in relation to the body. The rules may provide that expenditure by the body on the matter is subject to any conditions prescribed by the rules. 22 Spending of amounts equal to research and development collected amounts (1) If a statutory recipient body is paid amounts under section 15, then so much of those amounts as are equal to research and development collected amounts may be spent by the body only on matters covered by this section. Research and development activities (2) A matter is research and development activities, for a designated primary industry sector in relation to the body, where expenditure on those activities is: (a) for the benefit of that sector; and (b) in accordance with the body's funding agreement and annual operational plan; and (c) in accordance with the rules (if any). (3) Without limiting paragraph (2)(c), the rules may require expenditure by the body, of a part of the amounts equal to the research and development collected amounts, to be for the benefit of the designated primary industry sector prescribed by the rules. Commonwealth's costs (4) A matter is making a payment to the Commonwealth under section 16 to the extent that the payment relates to: (a) meeting the Commonwealth's costs in collecting or recovering the research and development collected amounts; or (b) meeting the Commonwealth's costs in administering section 15 in relation to paying the amounts equal to the research and development collected amounts. Note: Section 16 requires the body to pay to the Commonwealth amounts equal to those costs. Refunds (5) A matter is making a payment to the Commonwealth under section 17 to the extent that the payment is attributable to a refund of an amount equal to the whole or a part of a research and development collected amount. Note: Section 17 may require the body to pay to the Commonwealth amounts equal to certain refunds made by the Commonwealth. Debts (6) A matter is making a payment of a debt (if any) mentioned in subsection 86(2), to the extent that the debt arose because of a purported payment under section 15 to the body of amounts equal to research and development collected amounts. General payments for some statutory recipient bodies (7) For a statutory recipient body (except Wine Australia), a matter is doing the following: (a) paying or discharging expenses, charges, obligations and liabilities incurred by the body in the performance of its functions or the exercise of its powers; (b) paying remuneration, allowances, fees or expenses payable under the Primary Industries Research and Development Act 1989. (8) Paragraph (7)(a) does not apply to a matter covered by subsection 21(2), (4), (5) or (6). Matters prescribed by the rules (9) A matter is any matter that is prescribed by the rules for the purposes of this subsection in relation to the body. The rules may provide that expenditure by the body on the matter is subject to any conditions prescribed by the rules. Division 3—Matching payments Subdivision A—Commonwealth to make matching payments to most recipient bodies 23 Commonwealth to make matching payments (1) The Commonwealth must pay to a recipient body, in relation to a financial year (the relevant financial year), amounts that in total are equal to the lesser of the following: (a) the amount (the expenditure limit) equal to 50% of the body's qualifying expenditure amount for the relevant financial year; (b) the amount (the GVP limit) equal to 0.5% of the average gross value of production amount, in relation to the body, for the relevant financial year. Note 1: For qualifying expenditure amount, see section 24 and for average gross value of production amount, see section 25. Note 2: For spending requirements for amounts paid under subsection (1), see sections 33 and 34. Example 1: Assume for the 2025‑26 financial year a recipient body's qualifying expenditure amount is $2 million. The expenditure limit is $1 million. Assume the GVP limit is $1.2 million. Since the expenditure limit is less than the GVP limit, for the 2025‑26 financial year the Commonwealth must pay the body $1 million. Example 2: Assume for the 2025‑26 financial year a recipient body's qualifying expenditure amount is $2 million. The expenditure limit is $1 million. Assume the GVP limit is $800,000. Since the GVP limit is less than the expenditure limit, for the 2025‑26 financial year the Commonwealth must pay the body $800,000, but there is a carry‑over amount for the 2026‑27 financial year under subsection (5). (2) Subsection (1) does not apply to the following: (a) the Fisheries Research and Development Corporation; (b) the declared livestock export body, unless the rules prescribe that subsection (1) does apply to that body; (c) the declared meat processor body, unless the rules prescribe that subsection (1) does apply to that body. Note: See Subdivision B for matching payments to the Fisheries Research and Development Corporation. (3) An amount worked out under paragraph (1)(a) or (b) must be rounded to the nearest whole cent and rounding up in the case of 0.5 cents. Making payments (4) The Commonwealth must make the payments under subsection (1) in the amounts, and at the times, that the Commonwealth determines. Those times may be after the end of the relevant financial year. Carry‑over amounts (5) If, for the relevant financial year, the expenditure limit exceeds the GVP limit, an amount equal to the excess is a carry‑over amount for the body for the next financial year after the relevant financial year. Note: An amount equal to the carry‑over amount multiplied by 2 is a component of the body's qualifying expenditure amount for the next financial year: see paragraph 24(1)(b). Example: To continue example 2 in subsection (1), since the expenditure limit for the 2025‑26 financial year exceeds the GVP limit for the 2025‑26 financial year by $200,000, there is a carry‑over amount of $200,000 for the body for the 2026‑27 financial year. 24 Definition of qualifying expenditure amount (1) A recipient body's qualifying expenditure amount for a financial year is the sum of the following: (a) expenditure the body incurs during that year on research and development activities for a designated primary industry sector in relation to the body, where expenditure on those activities: (i) is for the benefit of that sector and the Australian community generally; and (ii) is in accordance with the body's funding agreement; and (iii) if the body is a statutory recipient body—is in accordance with the body's annual operational plan; (b) any carry‑over amount for the body for that year under subsection 23(5), multiplied by 2; (c) if applicable—the amount covered by subsection (2) of this section for that year. Note 1: For research and development activity, see section 9. Note 2: Paragraphs (a) and (c) cover expenditure the body incurs, regardless of the source of the money that is being spent. Examples of sources of money are payments by the Commonwealth under Division 2, payments by a State or Territory or an authority of a State or Territory under a contract with the recipient body and voluntary industry contributions. Note 3: If there is more than one designated primary industry sector in relation to the body, paragraph (a) covers expenditure the body incurs during the financial year on research and development activities for each of those sectors. Example: To continue the example in subsection 23(5), assume for the 2026‑27 financial year the total of the amounts covered by paragraph (a) for the body is $1.5 million. There is a carry‑over amount of $200,000 for the body for the 2026‑27 financial year, so the amount covered by paragraph (b) is $400,000. Assume paragraph (c) is not applicable. The body's qualifying expenditure amount for the 2026‑27 financial year is $1.9 million. Additional amount for some statutory recipient bodies (2) For a statutory recipient body (except Wine Australia), the amount for the purposes of paragraph (1)(c) is expenditure the body incurs during that year in doing the following: (a) paying or discharging expenses, charges, obligations and liabilities incurred by the body in the performance of its functions or the exercise of its powers; (b) paying remuneration, allowances, fees or expenses payable under the Primary Industries Research and Development Act 1989. (3) Paragraph (2)(a) does not apply to expenditure on a matter covered by subsection 21(2), (4), (5) or (6). Exclusion (4) Paragraphs (1)(a) and (c) do not apply to expenditure of the following kinds: (a) a payment by the recipient body to the Commonwealth under section 16 or 17; (b) a payment by the recipient body to the Commonwealth that is a payment of a debt as mentioned in subsection 86(2); (c) expenditure of a kind prescribed by the rules for the purposes of this paragraph. 25 Definition of average gross value of production amount (1) The average gross value of production amount, in relation to a recipient body to which subsection 23(1) applies, for a financial year (the relevant financial year) is the amount determined under subsection (2) of this section in relation to the recipient body for the relevant financial year. Note: See subsections (8) to (12) for an exception to subsection (1). (2) For the purposes of subsection (1), the Secretary must, by notifiable instrument, determine an amount in relation to the recipient body for the relevant financial year. The Secretary must do so as soon as practicable after the start of that year. Calculation is to be an average (3) That amount is to be the average of the gross value of production amounts, in relation to the body, for each of the last 3 financial years before the relevant financial year. (4) The Secretary must specify in the instrument under subsection (2) each gross value of production amount the Secretary used to determine that average. (5) The gross value of production amount, in relation to the body, for a financial year is the amount provided to the Secretary by the head of the agricultural statistics body as being the sum of the following: (a) the gross value of production in that year of all of the goods prescribed by the rules in relation to the body; (b) the gross value in that year of all of the services (if any) prescribed by the rules in relation to the body and provided in that year. Note: For agricultural statistics body, see section 4. (6) Without limiting paragraph (5)(a), the rules may prescribe goods by reference to: (a) the production of specified goods; or (b) goods produced by a specified primary industry or goods that are the produce of a specified primary industry. Effect of substituted gross value of production amounts (7) Once the Secretary has determined an amount under subsection (2) in relation to a recipient body for the relevant financial year: (a) the Secretary must, for the relevant financial year, disregard any amount provided to the Secretary by the head of the agricultural statistics body in substitution for a gross value of production amount in relation to the body; and (b) the Secretary must take the substituted amount into account in determining an amount under subsection (2) in relation to the body for each of the next 2 financial years after the relevant financial year. Alternative average gross value of production amount (8) The Secretary may, by notifiable instrument, determine that subsection (1) does not apply in relation to a specified recipient body and a specified financial year (the relevant financial year). The determination has effect accordingly. (9) The Secretary may make a determination under subsection (8) only if the Secretary is satisfied that the head of the agricultural statistics body is unable to provide the Secretary with the gross value of production amount, in relation to the body, for one or more of the last 3 financial years before the relevant financial year. (10) If the Secretary makes a determination under subsection (8), the Secretary must specify in that determination: (a) an amount that is the average gross value of production amount, in relation to the body, for the relevant financial year; and (b) the basis on which the Secretary specified that amount. (11) The amount covered by paragraph (10)(a) is the average gross value of production amount, in relation to the body, for the relevant financial year. (12) Without limiting paragraph (10)(b), the basis for specifying an amount in a determination may be one of the following: (a) the amount is the average of the gross value of production amounts, in relation to the body, for any 2 of the last 3 financial years before the relevant financial year; (b) the amount is the gross value of production amount, in relation to the body, for any of the last 3 financial years before the relevant financial year; (c) the amount is equal to an amount published in a publicly available document specified in the determination; (d) the amount is equal to an amount provided to the Secretary by a person or body specified in the determination. Subdivision B—Commonwealth to make matching payments to Fisheries Research and Development Corporation 26 Commonwealth to make matching payments in relation to the fishing industry (except declared fisheries) (1) The Commonwealth must pay to the Fisheries Research and Development Corporation, in relation to a financial year (the relevant financial year), amounts that in total are equal to the sum of payable amounts worked out under this section (rounded to the nearest whole cent and rounding up in the case of 0.5 cents). Note: For spending requirements for amounts paid under subsection (1), see section 35. (2) A payable amount is the lesser of the following: (a) the Corporation's relevant fishing expenditure amount for the relevant financial year; (b) the amount equal to 0.5% of the average total main fishing industry GVP amount for the relevant financial year. Note: For average total main fishing industry GVP amount, see section 29. Example: Assume for the 2025‑26 financial year the Fisheries Research and Development Corporation's relevant fishing expenditure amount is $14 million. Assume the average total main fishing industry GVP amount for the 2025‑26 financial year is $3.2 billion. 0.5% of that amount is $16 million. As the relevant fishing expenditure amount is less than $16 million, a payable amount is $14 million. (3) The Corporation's relevant fishing expenditure amount for a financial year is the sum of the following: (a) the expenditure the Corporation incurs during that year on research and development activities for the fishing industry (except any declared fishery), where expenditure on those activities is: (i) for the benefit of the fishing industry (except any declared fishery); and (ii) for the benefit of the Australian community generally; and (iii) in accordance with the Corporation's funding agreement; and (iv) in accordance with the Corporation's annual operational plan; (b) the expenditure the Corporation incurs during that year in doing the following (except in relation to any declared fishery): (i) paying or discharging expenses, charges, obligations and liabilities incurred by the Corporation in the performance of its functions or the exercise of its powers; (ii) paying remuneration, allowances, fees or expenses payable under the Primary Industries Research and Development Act 1989. Note 1: For research and development activity, see section 9. Note 2: Paragraphs (a) and (b) cover expenditure the Corporation incurs, regardless of the source of the money that is being spent. Examples of sources of money are payments by the Commonwealth under Division 2, payments by a State or Territory or an authority of a State or Territory and voluntary industry contributions. Note 3: For expenditure to which paragraphs (a) and (b) do not apply, see section 28. (4) Subparagraph (3)(b)(i) does not apply to expenditure on a matter covered by subsection 21(2), (4), (5) or (6). Payable amounts worked out using the average Commonwealth main fishing industry GVP amount (5) If the relevant fishing expenditure amount is 1% or more of the average total main fishing industry GVP amount for the relevant financial year, a payable amount is the amount worked out as follows: Method statement Step 1. Work out the amount equal to 0.25% of the average Commonwealth main fishing industry GVP amount for the relevant financial year. Step 2. Work out the sum of the following: (a) so much of the amounts paid to the Corporation under section 15 during the relevant financial year as are equal to research and development collected amounts, less any refunds that are attributable to payment of those research and development collected amounts; (b) the total amount paid to the Corporation under subsection 36(1) during the relevant financial year. Step 3. If the amount at step 1 is less than or equal to the amount at step 2, the amount at step 1 is a payable amount. Step 4. If the amount at step 1 exceeds the amount at step 2, the amount at step 2 is a payable amount. Note 1: For average total main fishing industry GVP amount, see section 29 and for average Commonwealth main fishing industry GVP amount, see section 30. Note 2: Paragraph (a) of step 2 does not apply in relation to certain levies or charges: see subsection (11). Example: Assume for the 2025‑26 financial year the Fisheries Research and Development Corporation's relevant fishing expenditure amount is $33 million. Assume the average total main fishing industry GVP amount for the 2025‑26 financial year is $3.2 billion. 1% of that amount is $32 million. Assume the average Commonwealth main fishing industry GVP amount for the 2025‑26 financial year is $500 million. 0.25% of that amount is $1.25 million (the amount at step 1). Assume the amount at step 2 is $1.1 million. As the amount at step 1 exceeds the amount at step 2, under step 4 a payable amount is $1.1 million. (6) If the relevant fishing expenditure amount is more than 0.5%, but less than 1%, of the average total main fishing industry GVP amount for the relevant financial year, a payable amount is the amount worked out as follows: Method statement Step 1. Work out the amount equal to 0.5% of the average total main fishing industry GVP amount for the relevant financial year. Step 2. Subtract the amount at step 1 from the relevant fishing expenditure amount. Step 3. Express the amount at step 2 as a percentage of the average total main fishing industry GVP amount for the relevant financial year. Step 4. Multiply the percentage at step 3 by the average Commonwealth main fishing industry GVP amount for the relevant financial year. Step 5. Work out half of the amount at step 4. Step 6. Work out the sum of the following: (a) so much of the amounts paid to the Corporation under section 15 during the relevant financial year as are equal to research and development collected amounts, less any refunds that are attributable to payment of those research and development collected amounts; (b) the total amount paid to the Corporation under subsection 36(1) during the relevant financial year. Step 7. If the amount at step 5 is less than or equal to the amount at step 6, the amount at step 5 is a payable amount. Step 8. If the amount at step 5 exceeds the amount at step 6, the amount at step 6 is a payable amount. Note 1: For average total main fishing industry GVP amount, see section 29 and for average Commonwealth main fishing industry GVP amount, see section 30. Note 2: Paragraph (a) of step 6 does not apply in relation to certain levies or charges: see subsection (11). Example: Assume for the 2025‑26 financial year the Fisheries Research and Development Corporation's relevant fishing expenditure amount is $20 million. Assume the average total main fishing industry GVP amount for the 2025‑26 financial year is $3.2 billion. 1% of that amount is $32 million and 0.5% of that amount is $16 million. Assume the average Commonwealth main fishing industry GVP amount for the 2025‑26 financial year is $500 million. Working through the method statement as follows: (a) the amount at step 1 is 0.5% of $3.2 billion, which is $16 million; (b) the amount at step 2 is $20 million minus $16 million, which is $4 million; (c) the percentage at step 3 is $4 million divided by $3.2 billion, which is 0.125%; (d) the amount at step 4 is $500 million multiplied by 0.125%, which is $625,000; (e) the amount at step 5 is $312,500; (f) assume the amount at step 6 is $1.1 million; (g) as the amount at step 5 is less than the amount at step 6, under step 7 a payable amount is $312,500. Payable amounts where State or Territory makes fishing payments (7) If: (a) the relevant fishing expenditure amount is 1% or more of the average total main fishing industry GVP amount for the relevant financial year; and (b) a State or Territory makes one or more payments in the relevant financial year to the Corporation, or to the Commonwealth, for research and development in relation to the main fishing industry; a payable amount is the amount worked out as follows: Method statement Step 1. Work out the amount equal to 0.25% of the average State/Territory main fishing industry GVP amount for the relevant financial year and the State or Territory. Step 2. If the amount at step 1 is less than or equal to the total of the payments made by the State or Territory, the amount at step 1 is a payable amount. Step 3. If the amount at step 1 exceeds the total of the payments made by the State or Territory, the total of the payments made by the State or Territory is a payable amount. Note: For average total main fishing industry GVP amount, see section 29 and for average State/Territory main fishing industry GVP amount, see section 31. Example: Assume for the 2025‑26 financial year the Fisheries Research and Development Corporation's relevant fishing expenditure amount is $33 million. Assume the average total main fishing industry GVP amount for the 2025‑26 financial year is $3.2 billion. 1% of that amount is $32 million. Assume a State makes a $750,000 payment in the 2025‑26 financial year to the Corporation for research and development in relation to the main fishing industry. Assume the average State/Territory main fishing industry GVP amount for the 2025‑26 financial year and the State is $500 million. 0.25% of that average is $1.25 million (the amount at step 1). As the amount at step 1 exceeds the amount of the payment made by the State, under step 3 a payable amount is $750,000. (8) If: (a) the relevant fishing expenditure amount is more than 0.5%, but less than 1%, of the average total main fishing industry GVP