HORTICULTURE MARKETING AND RESEARCH AND DEVELOPMENT SERVICES ACT 2000 - SECT 4 Definitions

HORTICULTURE MARKETING AND RESEARCH AND DEVELOPMENT SERVICES ACT 2000 - SECT 4

    In this Act, unless the contrary intention appears:

"acquisition of property" has the same meaning as in paragraph   51(xxxi) of the Constitution.

"actionable conduct" means conduct by the industry services body or the industry export control body that constitutes a breach of:

  (a)   this Act; or

  (b)   the regulations; or

  (c)   orders made under this Act; or

  (d)   the deed of agreement.

"Australia" includes the external Territories.

"Commonwealth record" has the same meaning as in the Archives Act 1983 .

"deed of agreement" means:

  (a)   in relation to the industry services body:

  (i)   the deed of agreement that specifies that it is executed for the purposes of subsection   12(1); and

  (ii)   any variations made to the deed of agreement under section   13; and

  (b)   in relation to the industry export control body:

  (i)   the deed of agreement that specifies that it is executed for the purposes of subsection   12(2); and

  (ii)   any variations made to the deed of agreement under section   13.

"eligible R&D expenditure" means the amount determined in accordance with the deed of agreement in relation to the industry services body to be the industry services body's eligible R&D expenditure.

"horticultural industry" means any industry carried on in Australia in connection with:

  (a)   producing horticultural products by growing, harvesting or processing horticultural products; or

  (b)   marketing and any other handling, storing, transporting, processing or supplying of horticultural products.

"horticultural product" means:

  (a)   fruits, including processed fruits; and

  (b)   vegetables, including:

  (i)   processed vegetables; and

  (ii)   mushrooms and other edible fungi; and

  (iii)   processed mushrooms and other processed edible fungi; and

  (c)   nuts, including processed nuts; and

  (d)   nursery products, including:

  (i)   trees, shrubs, plants, seeds, bulbs, corms and tubers; and

  (ii)   propagating material and plant tissue cultures, grown for ornamental purposes or for producing fruits, vegetables, nuts or cut flowers and foliage; and

  (e)   cut flowers and foliage, including processed cut flowers and foliage; and

  (f)   products prescribed for the purposes of this paragraph.

"industry assets and liabilities" , in relation to a body that is, or was, the industry services body or the industry export control body, means:

  (a)   the statutory records of the body; and

  (b)   the assets and liabilities of the body that are determined to be the industry assets and liabilities of the body in accordance with the deed of agreement entered into between the body and the Commonwealth under section   12.

"industry export control body" means the body for the time being declared to be the industry export control body under subsection   9(2).

"industry services body" means the body for the time being declared to be the industry services body under subsection   9(1).

"just terms" has the same meaning as in paragraph   51(xxxi) of the Constitution.

"levy & charge collector" means a person:

  (a)   who is responsible for the collection of amounts for payment to the Commonwealth under:

  (i)   section   7 or 7A of the repealed Horticultural Levy Collection Act 1987 ; or

  (ii)   section   7 or 7A of the repealed Horticultural Export Charge Collection Act 1987 ; or

  (iii)   section   7 or 9 of the Primary Industries Levies and Charges Collection Act 1991 ; or

  (b)   who has agreed to collect amounts on behalf of the Commonwealth under:

  (i)   subsection   7B(1) of the repealed Horticultural Levy Collection Act 1987 ; or

  (ii)   subsection   7B(1) of the repealed Horticultural Export Charge Collection Act 1987 ; or

  (iii)   subsection   10(1) or 11(1) of the Primary Industries Levies and Charges Collection Act 1991 .

"marketing" means activities intended to improve the meeting of customer needs (including processing, handling, transporting, storing, promoting and selling) but does not include research and development.

"marketing amounts" means:

  (a)   amounts of levy imposed under subclause   2(1) of Schedule   15 to the Primary Industries (Excise) Levies Act 1999 at a rate set under subclause   4(1) of that Schedule and received by the Commonwealth on or after the transfer day; and

  (b)   amounts of charge imposed by subclause   2(1) of Schedule   10 to the Primary Industries (Customs) Charges Act 1999 at a rate set under subclause   3(3) of that Schedule and received by the Commonwealth on or after the transfer day; and

  (ba)   amounts a person is liable to pay under subsection   7(1) of the Primary Industries Levies and Charges Collection Act 1991 and received by the Commonwealth on or after the transfer day; and

  (c)   amounts a person is liable to pay under subsection   7(2) of the Primary Industries Levies and Charges Collection Act 1991 and received by the Commonwealth on or after the transfer day; and

  (d)   amounts a person is liable to pay under subsection   7(3) of the Primary Industries Levies and Charges Collection Act 1991 and received by the Commonwealth on or after the transfer day; and

  (e)   amounts payable by way of penalty under section   15 of the Primary Industries Levies and Charges Collection Act 1991 in relation to amounts referred to in paragraph   (a), (b), (ba), (c) or (d); and

  (f)   amounts:

  (i)   equal to amounts that are received by the Commonwealth after the transfer day; and

  (ii)   that were payable to the Australian Horticultural Corporation under section   47 of the repealed Australian Horticultural Corporation Act 1987 as in force immediately before the transfer day; and

  (iii)   not covered by another paragraph of this definition; and

  (g)   amounts:

  (i)   equal to amounts that are received by the Commonwealth after the transfer day; and

  (ii)   that were payable to a Board under section   115Q of the repealed Australian Horticultural Corporation Act 1987 as in force immediately before the transfer day; and

  (iii)   not covered by another paragraph of this definition.

"officer of the industry export control body" means any of the following:

  (a)   a director of the industry export control body;

  (b)   a staff member or consultant of the industry export control body;

  (c)   an agent of the industry export control body.

"officer of the industry services body" means any of the following:

  (a)   a director of the industry services body;

  (b)   a staff member or consultant of the industry services body;

  (c)   an agent of the industry services body.

"Presiding Officer" means:

  (a)   in relation to the House of Representatives--the Speaker of the House of Representatives; and

  (b)   in relation to the Senate--the President of the Senate.

"record" has the same meaning as in the Archives Act 1983 .

"research and development" means systematic experimentation or analysis in any field of science, technology, economics or business carried out with the object of:

  (a)   acquiring knowledge that may be of use for the purpose of improving any aspect of the production, processing, storage, transport or marketing of horticultural products; or

  (b)   applying knowledge for the purpose of improving any aspect of the production, processing, storage, transport or marketing of horticultural products.

"research and development amounts" means:

  (a)   amounts of levy imposed by subclause   2(1) of Schedule   15 to the Primary Industries (Excise) Levies Act 1999 at a rate set under subclause   4(3) of that Schedule and received by the Commonwealth on or after the transfer day; and

  (b)   amounts of charge imposed by subclause   2(1) of Schedule   10 to the Primary Industries (Customs) Charges Act 1999 at a rate set under subclause   3(5) of that Schedule and received by the Commonwealth on or after the transfer day; and

  (ba)   amounts a person is liable to pay under subsection   7(1) of the Primary Industries Levies and Charges Collection Act 1991 and received by the Commonwealth on or after the transfer day; and

  (c)   amounts a person is liable to pay under subsection   7(2) of the Primary Industries Levies and Charges Collection Act 1991 and received by the Commonwealth on or after the transfer day; and

  (d)   amounts a person is liable to pay under subsection   7(3) of the Primary Industries Levies and Charges Collection Act 1991 and received by the Commonwealth on or after the transfer day; and

  (e)   amounts payable by way of penalty under section   15 of the Primary Industries Levies and Charges Collection Act 1991 in relation to amounts referred to in paragraph   (a), (b), (ba), (c) or (d); and

  (f)   amounts:

  (i)   equal to amounts that are received by the Commonwealth after the transfer day; and

  (ii)   that were payable to the Horticultural Research and Development Corporation under section   45 of the repealed Horticultural Research and Development Corporation Act 1987 as in force immediately before the transfer day; and

  (iii)   not covered by another paragraph of this definition.

"Secretary" means the Secretary of the Department.

"statutory record" means:

  (a)   any record that was transferred to an industry services body on the transfer day; and

  (b)   any record that:

  (i)   is the property of the industry services body; and

  (ii)   relates to the use of a marketing amount, a research and development amount or an amount payable under subsection   16(2); and

  (c)   any record that is the property of the industry export control body.

"transfer day" means the day specified by the Minister as the transfer day in a determination under section   12 of the Horticulture Marketing and Research and Development Services (Repeals and Consequential Provisions) Act 2000 .