Primary Industry Funding Schemes (Pig Industry Fund) Regulations 2016 (SA)

South Australia Primary Industry Funding Schemes (Pig Industry Fund) Regulations 2016 under the Primary Industry Funding Schemes Act 1998

Contents 1 Short title 2 Commencement 3 Interpretation 4 Pig Industry Fund 5 Contributions to Fund 6 Application of Fund 7 False or misleading statements Schedule 1—Revocation of Primary Industry Funding Schemes (Pig Industry Fund) Regulations 2001 Legislative history

1—Short title These regulations may be cited as the Primary Industry Funding Schemes (Pig Industry Fund) Regulations 2016. 2—Commencement These regulations come into operation on the day on which they are made. 3—Interpretation In these regulations, unless the contrary intention appears— Act means the Primary Industry Funding Schemes Act 1998; Chief Inspector means the Chief Inspector appointed under the Livestock Act 1997; collection agent means— (a) for a pig that is sold by a stock agent—the stock agent; or (b) for a pig that is sold to a person who operates an abattoir by a person other than a stock agent—the person who operates the abattoir; Fund—see regulation 4; inspector means an inspector appointed under the Livestock Act 1997; owner of a pig does not include a mortgagee not in possession; pig producer means a person who carries on a business involving keeping pigs; prescribed period means— (a) in respect of contributions paid on behalf of a pig producer by a collection agent—each calendar month; (b) in respect of contributions paid directly by a pig producer—each quarter; quarter means any period of 3 months commencing on 1 January, 1 April, 1 July or 1 October; revoked regulations means the Primary Industry Funding Schemes (Pig Industry Fund) Regulations 2001. 4—Pig Industry Fund (1) The South Australian Pig Industry Fund (the Fund), established under the revoked regulations, continues. (2) The Fund is administered by the Minister. (3) The Fund consists of— (a) contributions paid or collected in accordance with these regulations; and (b) income of the Fund from investment; and (c) any other sums received by the Minister for payment into the Fund. 5—Contributions to Fund (1) Subject to subregulation (2), a pig producer must pay to the Minister for payment into the Fund a contribution of 20 cents per pig sold for $20 or more by the producer (whether within or outside this State). (2) If there is a collection agent in respect of the pig, the collection agent must pay the contribution on behalf of the pig producer. (3) The relevant collection agent or, in respect of a pig for which there is no collection agent, the pig producer must— (a) keep proper records relating to pigs sold by the person (either as principal or agent) or to the person (as the case requires) and the contributions required to be made in respect of those pigs; and (b) make those records available for inspection at any reasonable time by a person authorised by the Minister for the purpose. (4) The relevant collection agent or, in the case of a pig for which there is no collection agent, the pig producer must— (a) within 14 days after the end of each prescribed period, furnish the Minister with a financial statement relating to the contributions arising from the sale of pigs by the person (either as principal or agent) or to the person (as the case requires) during that period that— (i) is in the form, and contains the information, required by the Minister; and (ii) is, if the person has the necessary equipment, in an electronic form acceptable to the Minister; and (b) receive and forward to the Minister, with the periodic financial statement required by paragraph (a), the required contributions for pigs sold by the producer during the period to which the financial statement relates. (5) A pig producer may, by notice in writing to the Minister, within the 12 months following a financial year in respect of which contributions have been paid by or on behalf of the producer, make a claim for a refund in respect of those contributions. (6) A pig producer claiming a refund under subregulation (5) must supply the Minister with— (a) evidence acceptable to the Minister of the number of pigs sold by the producer for which contributions have (to the best of the pig producer's knowledge and belief) been paid and in respect of which a claim for refund is made; and (b) verification of that evidence in the form of a statutory declaration. (7) If the pig producer satisfies the Minister that the producer is entitled to a refund, the Minister must pay to the producer an amount determined in accordance with the following formula: