1Short title
This Act is the Primary Industries (Consequential Amendments and Transitional Provisions) Act 2024.
Parliamentary material from APH and the Federal Register of Legislation. Links open the official source in a new tab.
Bill homepage (APH)This Act is the Primary Industries (Consequential Amendments and Transitional Provisions) Act 2024.
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 to 3 and anything in this Act not elsewhere covered by this table | The day this Act receives the Royal Assent. | 9 July 2024 |
2. Schedule 1 | 1 January 2025. | 1 January 2025 |
3. Schedule 2, items 1 to 122 | 1 January 2025. | 1 January 2025 |
4. Schedule 2, item 123 | 1 January 2025. However, the provision does not commence at all if items 16 and 17 of Schedule 1 to the Inspector‑General of Live Animal Exports Amendment (Animal Welfare) Act 2023 commence before 1 January 2025. | Never commenced |
5. Schedule 3, item 1 | The day after this Act receives the Royal Assent. | 10 July 2024 |
6. Schedule 3, items 2 to 14 | 1 January 2025. | 1 January 2025 |
7. Schedule 4 | 1 January 2025. | 1 January 2025 |
This table relates only to the provisions of this Act as originally enacted.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.
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.
Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Repeals
Australian Animal Health Council (Live‑stock Industries) Funding Act 1996
1 The whole of the Act
Repeal the Act.
Australian Meat and Live‑stock Industry Act 1997
2 The whole of the Act
Repeal the Act.
Dairy Adjustment Levy Termination Act 2008
3 The whole of the Act
Repeal the Act.
Dairy Industry Adjustment Act 2000
4 The whole of the Act
Repeal the Act.
Dairy Produce Act 1986
5 The whole of the Act
Repeal the Act.
Egg Industry Service Provision Act 2002
6 The whole of the Act
Repeal the Act.
Egg Industry Service Provision (Transitional and Consequential Provisions) Act 2002
7 The whole of the Act
Repeal the Act.
Forestry Marketing and Research and Development Services Act 2007
8 The whole of the Act
Repeal the Act.
Horse Disease Response Levy Act 2011
9 The whole of the Act
Repeal the Act.
Horse Disease Response Levy Collection Act 2011
10 The whole of the Act
Repeal the Act.
Horticulture Marketing and Research and Development Services Act 2000
11 The whole of the Act
Repeal the Act.
National Cattle Disease Eradication Account Act 1991
12 The whole of the Act
Repeal the Act.
National Residue Survey Administration Act 1992
13 The whole of the Act
Repeal the Act.
National Residue Survey (Consequential Provisions) Act 1992
14 The whole of the Act
Repeal the Act.
National Residue Survey (Customs) Levy Act 1998
15 The whole of the Act
Repeal the Act.
National Residue Survey (Excise) Levy Act 1998
16 The whole of the Act
Repeal the Act.
National Residue Survey Levies Regulations (Validation and Commencement of Amendments) Act 1999
17 The whole of the Act
Repeal the Act.
Pig Industry (Transitional Provisions) Act 1986
18 The whole of the Act
Repeal the Act.
Plant Health Australia (Plant Industries) Funding Act 2002
19 The whole of the Act
Repeal the Act.
Primary Industries (Customs) Charges Act 1999
20 The whole of the Act
Repeal the Act.
Primary Industries (Excise) Levies Act 1999
21 The whole of the Act
Repeal the Act.
Primary Industries Levies and Charges Collection Act 1991
22 The whole of the Act
Repeal the Act.
Sugar Research and Development Services Act 2013
23 The whole of the Act
Repeal the Act.
Schedule 2—Consequential amendments
Part 1—Main amendments
Biosecurity Act 2015
1 Subsection 9(1) (definition of Agriculture Minister)
Omit “Primary Industries Levies and Charges Collection Act 1991”, substitute “Primary Industries Levies and Charges Collection Act 2024”.
Fisheries Administration Act 1991
2 Subsection 94E(1) (paragraph (a) of the definition of deductible component)
Omit “subparagraph 30A(1)(a)(i) or (ii) of the Primary Industries Research and Development Act 1989 to an R & D Corporation (within the meaning of that Act) established in respect of the fishing industry”, substitute “paragraph 36(1)(a) or (b) of the Primary Industries Levies and Charges Disbursement Act 2024 to the Fisheries Research and Development Corporation”.
Freedom of Information Act 1982
3 Part III of Schedule 2
Omit:
Dairy Produce Act 1986 |
Horticulture Marketing and Research and Development Services (Repeals and Consequential Provisions) Act 2000
4 Subsection 4(1) (definition of industry services body)
Repeal the definition, substitute:
industry services body means the body that was the industry services body under the Horticulture Marketing and Research and Development Services Act 2000 on 31 December 2024.
Natural Heritage Trust of Australia Act 1997
5 Section 54
Insert:
horticultural product means:
fruits, including processed fruits; and
vegetables, including:
processed vegetables; and
mushrooms and other edible fungi; and
processed mushrooms and other processed edible fungi; and
nuts, including processed nuts; and
nursery products, including:
trees, shrubs, plants, seeds, bulbs, corms and tubers; and
propagating material and plant tissue cultures, grown for ornamental purposes or for producing fruits, vegetables, nuts or cut flowers and foliage; and
cut flowers and foliage, including processed cut flowers and foliage; and
products prescribed by the regulations for the purposes of this paragraph.
6 Section 54 (definition of horticulture)
Omit “(within the meaning of the Horticulture Marketing and Research and Development Services Act 2000)”.
Pig Industry Act 2001
7 Section 7
Repeal the following definitions:
definition of eligible body;
definition of funding contract.
8 Section 7 (definition of industry services body)
Repeal the definition, substitute:
industry services body means the body that was the industry services body under this Act on 31 December 2024.
9 Section 7
Repeal the following definitions:
definition of Levies Collection Act;
definition of marketing payments;
definition of matching payments;
definition of Presiding Officer;
definition of R&D payments.
10 Divisions 2 and 3 of Part 3
Repeal the Divisions.
11 Subsection 21(1)
Omit “section 9”, substitute “former section 9”.
Primary Industries Research and Development Act 1989
12 After section 2
Insert:
Establishment of research and development corporations
The Rural Industries Research and Development Corporation is established and the regulations may establish, or continue in existence, other research and development corporations.
Those corporations have various functions and powers. They must have R&D plans and annual operational plans.
Finance
The Primary Industries Levies and Charges Disbursement Act 2024 provides for payments to those corporations. Under that Act:
the Commonwealth must pay to those corporations amounts connected with various levies and charges collected under rules made under the Primary Industries Levies and Charges Collection Act 2024; and
those corporations must spend the payments on various activities, including research and development activities and marketing activities for the benefit of primary industries; and
the Commonwealth must also make matching payments to those corporations, based on amounts of expenditure on research and development activities or certain other activities by those corporations and on gross value of production amounts; and
those corporations must spend the matching payments on various activities, including research and development activities for the benefit of primary industries.
Directors
This Act provides for directors of those corporations and for the appointment process for those directors, including the use of Selection Committees.
13 Paragraphs 3(a) and (b)
Omit “funding and administration”, substitute “undertaking”.
14 Subsection 4(1) (definition of Collection Act)
Repeal the definition.
15 Subsection 4(1)
Insert:
designated primary industry sector in relation to an R&D Corporation: see section 5.
16 Subsection 4(1) (definition of eligible levy payer)
Repeal the definition.
17 Subsection 4(1) (definition of funding agreement)
Omit “subsection 33(4)”, substitute “section 42 of the Primary Industries Levies and Charges Disbursement Act 2024”.
18 Subsection 4(1)
Repeal the following definitions:
definition of levy;
definition of list of levy payers.
19 Subsection 4(1) (definition of marketing activities)
Repeal the definition, substitute:
marketing activities, in relation to an R&D Corporation, means the following:
the marketing, advertising or promotion of:
a designated primary industry sector in relation to that Corporation; or
goods that are the produce, or that are derived from the produce, of a designated primary industry sector in relation to that Corporation;
activities incidental to such marketing, advertising or promotion.
20 Subsection 4(1)
Repeal the following definitions:
definition of marketing component;
definition of order;
definition of prescribed;
definition of R&D activity.
21 Subsection 4(1) (paragraph (a) of the definition of R&D Corporation)
Repeal the paragraph, substitute:
a research and development corporation established under regulations, or continued in existence under regulations, made for the purposes of section 8; or
22 Subsection 4(1)
Repeal the following definitions:
definition of R&D project;
definition of refund;
definition of regulations.
23 Subsection 4(1) (definition of research and development)
Repeal the definition, substitute:
research and development: see section 5.
24 Subsection 4(1)
Insert:
research and development activity: see section 5.
25 Subsection 4(1)
Repeal the following definitions:
definition of research component;
definition of RIR&D Corporation;
definition of separately levied fishery;
definition of State Research Committee.
26 Subsection 4(3)
Repeal the subsection.
27 Sections 5 to 6
Repeal the sections, substitute:
For the purposes of this Act, work out what are the following under the definitions in Part 1 of the Primary Industries Levies and Charges Disbursement Act 2024:
designated primary industry sector in relation to an R&D Corporation;
research and development;
research and development activity.
The definitions in that Act apply, in part, in relation to a statutory recipient body, which includes an R&D Corporation.
28 Section 8
Repeal the section, substitute:
The regulations may:
establish a research and development corporation with the name prescribed by the regulations; or
continue in existence a research and development corporation prescribed by the regulations.
29 Subsection 9(1)
Omit “(1)”.
30 Subsection 9(2)
Repeal the subsection.
31 Paragraph 11(a)
Omit “in relation to the primary industry or class of primary industries in respect of which it was established”, substitute “for each designated primary industry sector in relation to the Corporation”.
32 Paragraphs 11(c) and (d)
Omit “R&D activities”, substitute “research and development activities”.
33 Paragraph 11(da)
Omit “the primary industry or class of primary industries in respect of which the Corporation was established, of R&D activities”, substitute “each designated primary industry sector in relation to the Corporation, of research and development activities”.
34 Paragraph 11(e)
Omit “the primary industry or class of primary industries in respect of which the Corporation was established”, substitute “each designated primary industry sector in relation to the Corporation”.
35 Paragraph 11(ea)
Repeal the paragraph, substitute:
to carry out marketing activities under the Primary Industries Levies and Charges Disbursement Act 2024 for the benefit of designated primary industry sectors in relation to the Corporation; and
36 Paragraph 11(eb)
Omit “the primary industry or class of primary industries in respect of which the Corporation was established”, substitute “a designated primary industry sector in relation to the Corporation”.
37 Paragraphs 12(1)(a) and (b)
Omit “R&D”, substitute “research and development activities”.
38 Section 13 (heading)
Omit “R&D activities”, substitute “research and development activities”.
39 Paragraph 13(1)(a)
Repeal the paragraph, substitute:
research and development activities;
40 Paragraph 13(2)(c)
Omit “R&D activities”, substitute “research and development activities”.
41 Section 14 (heading)
Omit “R&D activities”, substitute “research and development activities”.
42 Paragraph 14(1)(a)
Repeal the paragraph, substitute:
research and development activities;
43 Paragraph 15(1)(a)
Omit “the primary industry or class of primary industries in respect of which the Corporation was established”, substitute “a designated primary industry sector in relation to the Corporation”.
44 Paragraph 15(1)(b)
Omit “primary industry or class of primary industries”, substitute “sector”.
45 Paragraph 25(2)(a)
Omit “of R&D”, substitute “of research and development activities”.
46 Subparagraphs 25(2)(c)(i) and (ii)
Repeal the subparagraphs, substitute:
the total amounts likely to be spent by the Corporation in respect of each broad grouping of research and development activities the Corporation proposes to fund during the financial year; and
the total of all other amounts likely to be spent by the Corporation during the financial year; and
47 Subparagraph 25(2)(c)(iv)
Omit “section 30, 30A or 30B”, substitute “the Primary Industries Levies and Charges Disbursement Act 2024”.
48 Subsection 25(3)
Omit “R&D or marketing activities that an R&D Corporation proposes to fund includes a reference to R&D”, substitute “research and development activities or marketing activities that an R&D Corporation proposes to fund includes a reference to research and development activities”.
49 Subparagraph 28(a)(i)
Omit “R&D activities”, substitute “research and development activities”.
50 Subparagraph 28(a)(iib)
Omit “on the primary industry or class of primary industries in respect of which the Corporation was established”, substitute “on each designated primary industry sector in relation to the Corporation”.
51 Sub‑subparagraph 29(b)(iii)(C)
Repeal the sub‑subparagraph.
52 Sections 30 to 32
Repeal the sections.
53 Subsection 33(1)
Omit “An”, substitute “Subject to this section, an”.
54 Paragraph 33(1)(a)
Omit “R&D activities” (wherever occurring), substitute “research and development activities”.
55 Paragraph 33(1)(a)
Omit “when payments are made”.
56 Paragraphs 33(1)(ca) to (da)
Repeal the paragraphs, substitute:
in payment to the Commonwealth of amounts payable under the Primary Industries Levies and Charges Disbursement Act 2024; and
57 After subsection 33(1)
Insert:
Money paid to an R&D Corporation under the Primary Industries Levies and Charges Disbursement Act 2024 may be spent by the R&D Corporation only in accordance with that Act.
58 Subsection 33(3)
Omit “After 30 June 2015, an”, substitute “An”.
59 Subsections 33(4) and (5)
Repeal the subsections.
60 Section 33A
Repeal the section.
61 Subsection 33B(2)
Omit “R&D activities”, substitute “research and development activities”.
62 Sections 33C to 39
Repeal the sections.
63 Subsection 40(1)
Omit “(1)”.
64 Subsection 40(2)
Repeal the subsection.
65 Section 56
Repeal the section, substitute:
This Division applies to an R&D Corporation if:
there are one or more levies or charges imposed by provisions prescribed by rules made under the Primary Industries Levies and Charges Disbursement Act 2024 for the purposes of paragraph 15(1)(a) of that Act in relation to the Corporation; and
the regulations declare that this Division applies to the Corporation.
66 Section 57 (heading)
Repeal the heading, substitute:
67 Subsection 57(1)
Omit “a levy that is attached to the Corporation”, substitute “any of the levies or charges covered by paragraph 56(a)”.
68 Paragraph 59(1)(b)
Omit “of levy payers”, substitute “referred to in section 57”.
69 Subsection 60(1)
Omit “(1)”.
70 Subsection 60(1)
Omit “eligible levy payers”, substitute “those included in the list prepared by the Corporation under section 57”.
71 Subparagraph 60(1)(b)(ii)
Omit “the primary industry or class of primary industries in respect of which the Corporation was established”, substitute “each designated primary industry sector in relation to the Corporation”.
72 Subparagraph 60(1)(d)(i)
Omit “making of regulations prescribing an amount of levy in respect of a levy attached to the Corporation or declaring the research component, or marketing component, of such a levy”, substitute “amount of any of the levies or charges covered by paragraph 56(a)”.
73 Subparagraph 60(1)(d)(ii)
Omit “making of such regulations”, substitute “amount of any of the levies or charges covered by paragraph 56(a)”.
74 Paragraph 61(a)
Omit “by an eligible levy payer of the Corporation at an annual general meeting”, substitute “at an annual general meeting by a person included in the list prepared by the Corporation under section 57”.
75 Paragraph 61(b)
Omit “Corporation’s eligible levy payers”, substitute “persons included in the list prepared by the Corporation under section 57”.
76 Paragraph 61(c)
Omit “eligible levy payers of the Corporation”, substitute “persons included in the list prepared by the Corporation under section 57”.
77 Paragraph 61(e)
Repeal the paragraph, substitute:
a method:
of determining the number of votes that a person included in the list prepared by the Corporation under section 57 who is entitled to vote at an annual general meeting may cast when voting at such a meeting; and
that has regard to the amount of any of the levies or charges covered by paragraph 56(a) for which the person became liable to pay during, or within 3 months after the end of, the financial year immediately preceding the meeting;
78 Paragraph 61(f)
Omit “levy for which an eligible levy payer became liable”, substitute “any of the levies or charges covered by paragraph 56(a) for which a person included in the list prepared by the Corporation under section 57 became liable to pay”.
79 Paragraph 62(1)(b)
Omit “the eligible levy payers of the Corporation who are included in the list of levy payers”, substitute “the persons included in the list prepared by the Corporation under section 57”.
80 Subsection 62(3)
Repeal the subsection, substitute:
A person included in the list prepared by the Corporation under section 57 for the financial year in which an annual general meeting of the Corporation is held is entitled to vote upon any matter to be determined at the meeting.
81 Section 65
Repeal the section, substitute:
This Division applies in relation to a director of an R&D Corporation, other than the Executive Director.
See Division 9 for provisions applying to the Executive Director.
82 Paragraph 131(2)(a)
Omit “the particular primary industry or class of primary industries in respect of which the R&D Corporation or R&D Council is established”, substitute “each designated primary industry sector in relation to the Corporation”.
83 Subsection 142(2)
Omit “R&D activities”, substitute “research and development activities”.
84 Subsection 145(1)
Omit “under section 8 declaring the establishment of the Corporation”, substitute “for the purposes of section 8”.
85 Paragraph 146(b)
Omit “the primary industry or class of primary industries in respect of which the Corporation is established”, substitute “a designated primary industry sector in relation to the Corporation”.
86 Section 147
Omit “under section 8 declaring the establishment of the Corporation”, substitute “for the purposes of section 8”.
87 Subsection 149(2)
Repeal the subsection, substitute:
Before regulations are made for the purposes of section 8 establishing a research and development corporation, the Minister must have taken into consideration any relevant recommendation made to the Minister by any of the organisations that, in the Minister’s opinion, will represent any of the designated primary industry sectors in relation to that corporation upon the establishment of that corporation.
88 Section 150
Repeal the section.
Renewable Energy (Electricity) Act 2000
89 Subsection 5(1) (definition of Agriculture Department)
Omit “Primary Industries Levies and Charges Collection Act 1991”, substitute “Primary Industries Levies and Charges Collection Act 2024”.
Sugar Research and Development Services (Consequential Amendments and Transitional Provisions) Act 2013
90 Item 1 of Schedule 2 (definition of industry services body)
Repeal the definition, substitute:
industry services body means the body that was the industry services body under the Sugar Research and Development Services Act 2013 on 31 December 2024.
Wine Australia Act 2013
91 Subsection 4(1)
Insert:
designated primary industry sector in relation to the Authority: see section 4AA.
92 Subsection 4(1) (definition of funding agreement)
Omit “subsection 35(1C)”, substitute “section 42 of the Primary Industries Levies and Charges Disbursement Act 2024”.
93 Subsection 4(1) (definition of general component)
Repeal the definition.
94 Subsection 4(1) (definition of grape or wine research and development)
Repeal the definition, substitute:
grape or wine research and development means research and development for a designated primary industry sector in relation to the Authority.
95 Subsection 4(1) (definition of grape or wine research and development activity)
Repeal the definition, substitute:
grape or wine research and development activity means a research and development activity for a designated primary industry sector in relation to the Authority.
96 Subsection 4(1) (definition of grapes research levy)
Omit “Schedule 13 to the Primary Industries (Excise) Levies Act 1999”, substitute “a prescribed provision of regulations made under the Primary Industries (Excise) Levies Act 2024”.
97 Subsection 4(1)
Insert:
research and development: see section 4AA.
research and development activity: see section 4AA.
98 Subsection 4(1) (definition of research component)
Repeal the definition.
99 Subsection 4(1) (definition of wine export charge)
Omit “Schedule 13 to the Primary Industries (Customs) Charges Act 1999”, substitute “a prescribed provision of regulations made under the Primary Industries (Customs) Charges Act 2024”.
100 Subsection 4(1) (definition of wine grapes levy)
Omit “Schedule 26 to the Primary Industries (Excise) Levies Act 1999”, substitute “a prescribed provision of regulations made under the Primary Industries (Excise) Levies Act 2024”.
101 After section 4
Insert:
For the purposes of this Act, work out what are the following under the definitions in Part 1 of the Primary Industries Levies and Charges Disbursement Act 2024:
designated primary industry sector in relation to the Authority;
research and development;
research and development activity.
The definitions in that Act apply, in part, in relation to a statutory recipient body, which includes the Authority.
102 Sections 32 to 33
Repeal the sections.
103 Subsection 35(1)
Omit “The”, substitute “Subject to this section, the”.
104 Paragraph 35(1)(ab)
Repeal the paragraph.
105 Paragraph 35(1)(ac)
Omit “when the relevant payments are made”.
106 Paragraph 35(1)(ad)
Repeal the paragraph, substitute:
in payment to the Commonwealth of amounts payable under the Primary Industries Levies and Charges Disbursement Act 2024; and
107 Subsection 35(1A)
Repeal the subsection, substitute:
Money paid to the Authority under the Primary Industries Levies and Charges Disbursement Act 2024 may be spent by the Authority only in accordance with that Act.
108 Subsection 35(1B)
Omit “After 30 June 2015, the”, substitute “The”.
109 Subsections 35(1C) and (1D)
Repeal the subsections.
110 Before subsection 35(2)
Insert:
No limit on investments
111 Section 36
Repeal the section.
112 Division 4 of Part VIA (heading)
Repeal the heading, substitute:
Showing the first 10 of 11 provisions. See all provisions