Grains Research and Development Corporation Regulations 1990 (Cth)

Grains Research and Development Corporation Regulations 1990

Statutory Rules 1990 No. 235 as amended

made under the

Primary Industries and Energy Research and Development Act 1989

This compilation was prepared on 3 September 1999

taking into account amendments up to SR 1999 No. 99

Prepared by the Office of Legislative Drafting,

Attorney-General’s Department, Canberra

Contents

      1Name of regulations [see Note 1]

 These regulations are the Grains Research and Development Corporation Regulations 1990.

2Commencement

 These Regulations commence on 1 October 1990.

3Interpretation

 In these Regulations, unless the contrary intention appears:

coarse grain means leviable coarse grain within the meaning of the Coarse Grains Levy Act 1992.

Corporation means the Grains Research and Development Corporation specified in regulation 4.

grain legumes means leviable grain legumes within the meaning of the Grain Legumes Levy Act 1985.

grains means coarse grain, grain legumes, linseed, rapeseed, safflower seed, soybeans, sunflower seed and wheat.

grains industry means the industry concerned with the production, processing, manufacture, distribution and sale of grains.

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

4Establishment of the Grains Corporation

 An R & D Corporation to be known as the Grains Research and Development Corporation is declared to be established in respect of the grains industry.

5Levies attached to the Corporation

• (1)

  For paragraph 5 (1) (a) of the Act, each of the following levies is attached to the Corporation:

  • (a)

    the levy imposed by clause 5 of Schedule 4 to the Primary Industries (Excise) Levies Act 1999;

  • (b)

    the levy imposed by clause 5 of Schedule 12 to the Primary Industries (Excise) Levies Act 1999;

  • (c)

    the levy imposed by clause 6 of Schedule 20 to the Primary Industries (Excise) Levies Act 1999;

  • (d)

    the levy imposed by clause 4 of Schedule 25 to the Primary Industries (Excise) Levies Act 1999.

• (2)

  For paragraph 5 (3) (a) of the Act, the whole of each levy referred to in subregulation (1) is the research component of that levy.

• (3)

  For the purposes of paragraph 5 (3) (b) of the Act, the grains industry is the primary industry to which each levy referred to in subregulation (1) relates.

6Gross value of production of grain

• (1)

  The Minister is to determine the gross value of the production of grain for a financial year (in this regulation called relevant year) by calculating that value

   In accordance with the formula:

   where:

  A is the value of grain produced in the financial year ending 1 year before the start of the relevant year; and

  B is the value of grain produced in the financial year immediately before the relevant year; and

  C is the estimated value of grain to be produced in the relevant year

• (2)

  A reference to the value of grain produced or to be produced in a financial year is a reference to the production figure supplied by the Australian Bureau of Agricultural and Resource Economics that shows:

   (a) the gross value of grain produced; or

   (b) the estimated gross value of grain to be produced;

   by the grains industry in that financial year.

7Separate accounting records

For the purposes of section 40 of the Act, the Corporation must keep separate accounting records in relation to R & D activities carried out:

• (a)

  in accordance with a joint venture agreement; or

• (b)

  by a subsidiary of the Corporation.

Notes to the Grains Research and Development Corporation Regulations 1990

Note 1

The Grains Research and Development Corporation Regulations 1990 (in force under the Primary Industries and Energy Research and Development Act 1989) as shown in this compilation comprise Statutory Rules 1990 No. 235 amended as indicated in the Tables below.

Table of Statutory Rules

Year and number	Date of notification in Gazette	Date of commencement	Application, saving or transitional provisions
1990 No. 235	12 July 1990	1 Oct 1990
1991 No. 179	28 June 1991	1 Oct 1990	—
1992 No. 310	30 Sept 1992	1 Oct 1992	—
1999 No. 99	17 June 1999	1 July 1999	—

Table of Amendments

ad. = added or inserted  am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
R. 1.........................................	rs. 1999 No. 99
R. 3.........................................	am. 1992 No. 310
R. 5.........................................	am. 1991 No. 179; 1992 No. 310; 1999 No. 99
Note to r. 5 (2).......................	rep. 1999 No. 99