Commonwealth Consolidated Acts Commonwealth Consolidated Acts(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).