Commonwealth Consolidated Acts Commonwealth Consolidated ActsPHA's obligation to apply EPPR fund
(1) If there is an EPPR fund for an EPPR plant product, PHA must apply the fund as required by this section.
Note: PHA may have to realise an investment made in accordance with section 10D in order to meet its obligations under this section.
(2) PHA must apply the EPPR fund to make payments of the kinds mentioned in subsections (3), (4), (5) and (6) that are due from time to time. If, at a particular time, payments of 2 or more of those kinds are due, PHA must apply the fund to make the payments in the following order of priority:
(a) a payment mentioned in subsection (3) (the first priority);
(b) a payment mentioned in subsection (4) (the second priority);
(c) a payment mentioned in subsection (5) (the third priority);
(d) a payment mentioned in subsection (6) (the fourth priority).
Note: This section does not require PHA to make a payment otherwise than by applying the EPPR fund. If there are insufficient resources in the fund at a particular time for a particular payment, PHA is only obliged at that time to make so much of the payment as can then be made from the resources of the fund. The balance would be payable later when the fund has sufficient resources.
First priority: administrative and other costs
(3) The first priority is to make payments of the following kinds:
(a) payments to discharge PHA's obligations to the Commonwealth under subsection 10E(1) or 10F(3) in relation to EPPR levy or charge on the plant product, or to reimburse PHA for any payments made to the Commonwealth (otherwise than under this section) to discharge those obligations;
(b) payments to meet, or reimburse, PHA's costs in establishing and managing the EPPR fund from time to time, including the costs of receiving payments into the fund, making and realising investments and making payments out of the fund;
(c) payments to the Commonwealth in accordance with any requirements under subsection 10G(3) to make such payments from the EPPR fund for the plant product.
Second priority: meeting liabilities under EPPR Deed for the plant product
(4) The second priority is to make payments to the Commonwealth, on behalf of a relevant Plant Industry Member for the EPPR plant product referred to in subsection (1), to discharge any liability of that member to the Commonwealth under the EPPR Deed in relation to that EPPR plant product.
Third priority: meeting liabilities under EPPR Deed for other plant products
(5) The third priority is to make payments to the Commonwealth on behalf of a relevant Plant Industry Member for the EPPR plant product referred to in subsection (1), in accordance with a request by that member, to discharge any liability of that member to the Commonwealth under the EPPR Deed in relation to any other EPPR plant product for which that member is a relevant Plant Industry Member.
Fourth priority: promotion or maintenance of plant health
(6) The fourth priority is to make payments to any person, in accordance with a request by a relevant Plant Industry Member for the EPPR plant product referred to in subsection (1), for any other purpose relating to the promotion or maintenance of the health of:
(a) that EPPR plant product; or
(b) any other EPPR plant product for which that member is a relevant Plant Industry Member.
Emergency plant pest response affecting 2 or more plant products
(7) If a Plant Industry Member has a liability to the Commonwealth under the EPPR Deed in relation to an emergency plant pest response affecting 2 or more EPPR plant products for which the Member is a relevant Plant Industry Member:
(a) the Member must determine a proportionate amount of the total liability for each of the plant products; and
(b) for subsections (4) and (5), the amount of the Member's liability in relation to each of the plant products is the determined proportionate amount for the plant product.
When is a payment due ?
(8) For the purposes of this section, a payment of a kind described in subsection (3), (4), (5) or (6) is due if the conditions described in the subsection for making the payment are satisfied.