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PLANT HEALTH AUSTRALIA (PLANT INDUSTRIES) FUNDING ACT 2002 - SECT 10A

Payments to PHA from EPPR levies and charges

(1)     This section applies in relation to a plant product (an EPPR plant product ) on which EPPR levy or charge has been imposed.

Commonwealth obligation to pay PHA

  (2)   The Commonwealth must pay to PHA amounts equal to the following:

  (a)   EPPR levy or charge receipts from the EPPR plant product;

  (b)   EPPR penalty receipts from the EPPR plant product.

Payment conditions

  (3)   Payments under subsection   (2) in relation to the EPPR plant product are made subject to the following conditions:

  (a)   PHA must hold the amounts in the EPPR fund for the plant product;

  (b)   PHA must apply the fund as required by section   10C;

  (c)   PHA must not apply the fund to make payments otherwise than:

  (i)   as required by section   10C; or

  (ii)   to make an investment in accordance with section   10D.

Note:   If PHA contravenes a condition in relation to a payment under this section, it may be required to make a payment under section   10G.

EPPR fund

  (4)   The EPPR fund for the EPPR plant product consists of the following (and nothing else):

  (a)   payments under subsection   (2) in relation to the plant product;

  (b)   investments of fund money, made in accordance with section   10D;

  (c)   income (for example, interest) earned on those investments;

  (d)   the proceeds of the realisation of those investments;

  (e)   payments made into the fund in accordance with a requirement under subsection   10G(2).



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