Commonwealth Consolidated Acts

PIG INDUSTRY ACT 2001 - SECT 10

             (1)  The Consolidated Revenue Fund is appropriated for the purposes of payments by the Commonwealth under section 9.

Overall limit for marketing payments

             (2)  For marketing payments, the total limit on the appropriation is the total amount of marketing levy received by the Commonwealth after 30 June 2000, less amounts that have been paid by the Commonwealth to the Australian Pork Corporation before the transfer time in respect of that levy.

             (3)  In subsection (2):

"marketing levy" means any of the following:

                     (a)  levy ( new levy ) covered by paragraph 3(b) of Schedule 22 to the Primary Industries (Excise) Levies Act 1999 ;

                     (b)  amounts received under section 7 of the Levies Collection Act in relation to new levy;

                     (c)  amounts payable by way of penalty under section 15 of the Levies Collection Act in relation to new levy;

                     (d)  levy ( old levy ) received under paragraph 6(1)(b) of the repealed Pig Slaughter Levy Act 1971 ;

                     (e)  amounts received under section 7 of the Levies Collection Act in relation to old levy;

                      (f)  amounts payable by way of penalty under section 15 of the Levies Collection Act in relation to old levy;

                     (g)  amounts received under section 6 of the repealed Pig Slaughter Levy Collection Act 1971 in relation to old levy;

                     (h)  amounts payable by way of penalty under section 7 of the repealed Pig Slaughter Levy Collection Act 1971 in relation to old levy.

Overall limit for R&D payments

             (4)  For R&D payments, the total limit on the appropriation is the total amount of R&D levy received by the Commonwealth after 30 June 2000, less amounts that have been paid by the Commonwealth to the Pig Research and Development Corporation before the transfer time in respect of that levy.

             (5)  In subsection (4):

R&D levy means any of the following:

                     (a)  levy ( new levy ) covered by paragraph 3(a) of Schedule 22 to the Primary Industries (Excise) Levies Act 1999 ;

                     (b)  amounts received under section 7 of the Levies Collection Act in relation to new levy;

                     (c)  amounts payable by way of penalty under section 15 of the Levies Collection Act in relation to new levy;

                     (d)  levy ( old levy ) received under paragraph 6(1)(a) of the repealed Pig Slaughter Levy Act 1971 ;

                     (e)  amounts received under section 7 of the Levies Collection Act in relation to old levy;

                      (f)  amounts payable by way of penalty under section 15 of the Levies Collection Act in relation to old levy;

                     (g)  amounts received under section 6 of the repealed Pig Slaughter Levy Collection Act 1971 in relation to old levy;

                     (h)  amounts payable by way of penalty under section 7 of the repealed Pig Slaughter Levy Collection Act 1971 in relation to old levy.

Overall limit for matching payments

             (6)  For matching payments, the total limit on the appropriation is the total amount of levy received by the Commonwealth (either before or after the commencement of this section), less amounts that have been paid by the Commonwealth to the Pig Research and Development Corporation before the transfer time, in respect of that levy, under paragraph 30(1)(b) of the Primary Industries and Energy Research and Development Act 1989 .

             (7)  In subsection (6):

"levy" means any of the following:

                     (a)  levy ( new levy ) covered by paragraph 3(a) of Schedule 22 to the Primary Industries (Excise) Levies Act 1999 ;

                     (b)  amounts received under section 7 of the Levies Collection Act in relation to new levy;

                     (c)  levy ( old levy ) received under paragraph 6(1)(a) of the repealed Pig Slaughter Levy Act 1971 ;

                     (d)  amounts received under section 7 of the Levies Collection Act in relation to old levy;

                     (e)  amounts received under section 6 of the repealed Pig Slaughter Levy Collection Act 1971 in relation to old levy.

Annual limit for matching payments

             (8)  For matching payments in respect of a particular financial year, the limit on the appropriation is the lesser of:

                     (a)  0.5% of the amount determined by the Minister to be the gross value of pig meat production in Australia in that financial year; and

                     (b)  50% of the amount spent by the eligible body in that financial year on activities that qualify, under the funding contract, as research and development activities.

             (9)  For the purposes of subsection (8), the regulations may prescribe the manner in which the Minister is to determine the gross value of pig meat production in Australia in a financial year.

           (10)  If there is an unmatched R&D excess for a financial year that started or starts on or after 1 July 2001, the amount spent by the eligible body in the following financial year on activities that qualify, under the funding contract, as research and development activities is taken, for the purposes of this section (including for the purposes of this subsection and subsection (11)), to be increased by the amount of the unmatched R&D excess.

Note:          This means that research and development expenditure that is not "50% matched" in one financial year because of the cap in subsection (6) or paragraph (8)(a) can be carried forward into later years.

           (11)  For the purposes of subsection (10), there is an unmatched R&D excess for a financial year if:

                     (a)  the eligible body spends a particular amount (the R&D spend amount ) in the financial year on activities that qualify, under the funding contract, as research and development activities; and

                     (b)  because of the operation of subsection (6) or paragraph (8)(a), the matching payments in respect of the financial year are less than 50% of the R&D spend amount;

and the amount of the unmatched R&D excess is:

           (12)  Subsection (13) applies if the sum of the amounts that became payable to the Corporation under paragraph 30(1)(b) of the Research and Development Act was less than 50% of the Corporation's qualifying R&D expenditure because of the operation of section 31 or 32 of that Act.

           (13)  If this subsection applies, the amount spent by the eligible body in the financial year that started on 1 July 2001 on activities that qualify, under the funding contract, as research and development activities is taken, for the purposes of this section (including for the purposes of subsections (10) and (11)), to be increased by the amount worked out using the following formula:

           (14)  In subsections (12) and (13):

"Corporation" means the Pig Research and Development Corporation.

qualifying R&D expenditure of the Corporation means the sum of the amounts spent by the Corporation before 30 June 2001 on activities covered by section 33 of the Research and Development Act (other than paragraph 33(1)(d) of that Act).

"Research and Development Act" means the Primary Industries and Energy Research and Development Act 1989 .