Commonwealth Consolidated Acts

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

Situation in which this section applies

  (1)   This section applies if the Minister is satisfied that PHA has contravened a condition mentioned in subsection   10A(3) in relation to an EPPR fund for an EPPR plant product.

Requirement to make payment

  (2)   The Minister may, by written notice to PHA, require PHA to pay a stated amount that the Minister considers to be appropriate in the circumstances:

  (a)   to the Commonwealth; or

  (b)   into the EPPR fund for the plant product.

  (3)   The Minister may, by the notice, require the payment to be made from either or both of the following sources (in the proportions, if any, stated in the notice):

  (a)   unless paragraph   (2)(b) applies--from the EPPR fund for the plant product;

  (b)   from a source other than that EPPR fund, whether or not the source is specified in the notice.

  (4)   The Minister may, by the notice, state a time within which the payment must be made.

Representations by relevant Plant Industry Member

  (5)   Without limiting subsection   (2), (3) or (4), in considering whether to give a notice under subsection   (2), or the requirements to be included in such a notice, the Minister must have regard to any representation made by a relevant Plant Industry Member for the EPPR plant product.

Liability of PHA to pay

  (6)   PHA must pay the amount stated in a notice under subsection   (2) in accordance with the notice, within the time (if any) stated in the notice.

Setting off liabilities under subsection   (6) against liabilities under section   10A

  (7)   The Commonwealth may set off an amount that is payable to it under subsection   (6) against an amount that is payable to PHA under section   10A.