Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014 (62 of 2014)

Schedule 5   Corporate status of bodies

Part 3   APVMA continuing as a body corporate

Agricultural and Veterinary Chemicals (Administration) Act 1992

65   Division 1 of Part 7

Repeal the Division, substitute:

Division 1 - Finance

58 Money payable to the APVMA

(1) The Commonwealth must pay to the APVMA amounts equal to:

(a) such money as is appropriated by the Parliament for the purposes of the APVMA; and

(b) fees received by the Commonwealth under this Act, the Agvet Codes or the Agvet Regulations; and

(c) any amounts of levy, late payment penalty or understatement penalty paid to the Commonwealth under any Act providing for the collection of a levy imposed in respect of the disposal of chemical products; and

(d) any amounts paid by a State or a participating Territory to the Commonwealth for the purposes of the APVMA.

(2) The Finance Minister may give directions about the amounts in which, and the times at which, money payable under paragraph (1)(a) is to be paid to the APVMA.

(3) If a direction under subsection (2) is given in writing, the direction is not a legislative instrument.

(4) If an amount referred to in any of paragraphs (1)(b) to (d) is refunded by the Commonwealth, the APVMA must pay to the Commonwealth an amount equal to the refund.

(5) The Minister may, on behalf of the Commonwealth, set off an amount payable by the APVMA under subsection (4) against an amount that is payable to the APVMA under subsection (1).

(6) Amounts payable under paragraphs (1)(b) to (d) are to be paid out of the Consolidated Revenue Fund, which is appropriated accordingly.

(7) In this section:

Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.

59 Application of money by the APVMA

(1) The money of the APVMA is to be applied only:

(a) in payment or discharge of the costs, expenses and other obligations incurred by the APVMA in the performance of its functions and the exercise of its powers; and

(b) in payment of any remuneration or allowances payable under this Act; and

(c) in making any other payments that the APVMA is authorised or required to make by or under any law of the Commonwealth, a State or a Territory that confers functions or powers on the APVMA.

(2) Subsection (1) does not prevent investment, under section 59 of the Public Governance, Performance and Accountability Act 2013, of money that is not immediately required for the purposes of the APVMA.