Commonwealth Consolidated Acts Commonwealth Consolidated ActsIn this Act:
"EPPR" is short for emergency plant pest response.
"EPPR Deed" means the Government and Plant Industry Cost Sharing Deed in respect of Emergency Plant Pest Responses, executed by the Commonwealth on 26 May 2005, as the Deed is in force from time to time.
Note: At different times on or before 26 October 2005, the Deed was also executed by Plant Health Australia, the States, the Australian Capital Territory and the Northern Territory.
"EPPR fund" , for an EPPR plant product, means the fund mentioned in subsection 10A(4) for the plant product.
"EPPR late payment penalty" means penalty payable under section 15 of the Primary Industries Levies and Charges Collection Act 1991 in relation to a failure to pay EPPR levy or charge by the time it became due for payment.
"EPPR levy or charge" means a levy or charge:
(a) that is imposed by regulations under Schedule 27 to the Primary Industries (Excise) Levies Act 1999 and that is described in those regulations as "EPPR levy"; or
(b) that is imposed by regulations under Schedule 14 to the Primary Industries (Customs) Charges Act 1999 and that is described in those regulations as "EPPR charge".
"EPPR levy or charge receipt" , from an EPPR plant product, means an amount of EPPR levy or charge collected or received by or on behalf of the Commonwealth in relation to the plant product (not including any amount paid by way of EPPR late payment penalty).
"EPPR penalty receipt" , from an EPPR plant product, means an amount of EPPR late payment penalty collected or received by or on behalf of the Commonwealth in relation to the plant product.
"EPPR plant product" has the meaning given by subsection 10A(1).
"PHA" means Plant Health Australia Limited, A.C.N. 092 607 997.
"PHA late payment penalty" means penalty payable under section 15 of the Primary Industries Levies and Charges Collection Act 1991 in relation to a failure to pay PHA levy or charge by the time it became due for payment.
"PHA levy or charge" means a levy or charge:
(a) that is imposed by regulations under Schedule 27 to the Primary Industries (Excise) Levies Act 1999 and that is described in those regulations as 'PHA levy'; or
(b) that is imposed by regulations under Schedule 14 to the Primary Industries (Customs) Charges Act 1999 and that is described in those regulations as 'PHA charge'.
"PHA plant product" means a plant product on which PHA levy or charge is imposed.
"PHA year" means a year for which PHA levy or charge is imposed.
"Plant Industry Member" has the same meaning as it has in PHA's constitution.
"plant product" has the same meaning as in Schedule 27 to the Primary Industries (Excise) Levies Act 1999 and in Schedule 14 to the Primary Industries (Customs) Charges Act 1999 .
"relevant Plant Industry Member" , for an EPPR plant product, has the meaning given by section 3A.
"total PHA levy or charge receipts" , from a PHA plant product for a PHA year, means the total amount of PHA levy or charge collected or received by or on behalf of the Commonwealth in relation to the plant product for the year (but not including any amounts paid by way of PHA late payment penalty).
"total PHA penalty receipts" , from a PHA plant product for a PHA year, means the total amount of PHA late payment penalty collected or received by or on behalf of the Commonwealth in relation to the plant product and year.
"yearly contribution" , for a Plant Industry Member for a PHA year, means the sum of:
(a) the total annual subscription (by whatever name called) determined in accordance with PHA's constitution as being payable by the Plant Industry Member to PHA for the year; and
(b) any other amounts that are determined in accordance with PHA's constitution, before the start of the year, as being payable by the Plant Industry Member to PHA for the year.