Grape and Wine Research and Development Corporation Regulations 1991 (Cth)

Grape and Wine Research and Development Corporation Regulations 1991

Statutory Rules 1991 No. 75 as amended

made under the

Primary Industries and Energy Research and Development Act 1989

This compilation was prepared on 1 July 2001

taking into account amendments up to SR 2001 No. 132

Prepared by the Office of Legislative Drafting,

Attorney-General’s Department, Canberra

Contents

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1Name of Regulations [see Note 1]

 These Regulations are the Grape and Wine Research and Development Corporation Regulations 1991.

2Commencement

 These Regulations commence on 2 July 1991.

3Definitions

 In these Regulations:

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

Corporation means the Corporation declared by regulation 4 to be established.

grape industry means the industry in Australia concerned with the production of grapes for processing, other than processing by drying.

grape product has the same meaning as in the Australian Wine and Brandy Corporation Act 1980.

wine industry means the industry in Australia concerned with the storage, distribution, marketing and sale of grape product or with the making of wine.

4Establishment of the Corporation

For section 8 of the Act, an R & D Corporation, to be known as the Grape and Wine Research and Development Corporation, is declared to be established in respect of:

• (a)

  the grape industry; and

• (b)

  the wine industry.

5Levy attached to Corporation

• (1)

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

  • (a)

    the levy imposed under Schedule 13 to the Primary Industries (Excise) Levies Act 1999; and

  • (b)

    the levy imposed under Schedule 26 to the Primary Industries (Excise) Levies Act 1999.

• (2)

  For paragraph 5 (3) (a) of the Act:

  • (a)

    the whole of the levy mentioned in paragraph (1) (a) is the research component of the levy; and

  • (b)

    the research component of the levy mentioned in paragraph (1) (b) is the part of the levy mentioned in paragraph 7 (1) (b) of Schedule 26 to the Primary Industries (Excise) Levies Act 1999.

• (3)

  For paragraph 5 (3) (b) of the Act;

  • (a)

    the grape industry is the primary industry to which the levy referred to in paragraph (1) (a) relates; and

  • (b)

    the wine industry is the primary industry to which the levy referred to in paragraph (1) (b) relates.

6Gross value of production

• (1)

  For subsection 32 (2) of the Act, the Minister must determine the gross value of production of grape and grape product, for a financial year (the relevant financial year), by using:

   where:

  A is the estimated value of the grape and grape product to be produced in the relevant financial year.

  B is the value of the grape and grape product produced in the financial year immediately before the relevant financial year (the previous financial year).

  C is the value of the grape and grape product produced in the financial year immediately before the previous financial year.

• (2)

  In subregulation (1), a reference to the value of grape and grape product produced, or to the estimated value of grape and grape product to be produced, in a financial year is a reference to the production figures supplied by the Australian Bureau of Agricultural and Resource Economics:

  • (a)

    that show:

    • (i)

      the gross value of grape produced by the grape industry in that financial year; or

    • (ii)

      the estimated gross value of grape to be produced by the grape industry in that financial year; and

  • (b)

    that show:

    • (i)

      the gross value of grape product produced by the wine industry in that financial year; or

    • (ii)

      the estimated gross value of grape product to be produced by the wine industry in that financial year.

7Accountability to representative organisations

 For subparagraph 29 (b) (iii) of the Act, the grape industry and the wine industry are prescribed.

8Separate accounting records

For 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 Grape and Wine Research and Development Corporation Regulations 1991

Note 1

The Grape and Wine Research and Development Corporation Regulations 1991 (in force under the Primary Industries and Energy Research and Development Act 1989) as shown in this compilation comprise Statutory Rules 1991 No. 75 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
1991 No. 75	30 Apr 1991	2 July 1991
2001 No. 132	20 June 2001	1 July 2001	—

Table of Amendments

ad. = added or inserted  am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
R. 1..........................................	rs. 2001 No. 132
R. 3..........................................	rs. 2001 No. 132
R. 4..........................................	am. 2001 No. 132
Rr. 5–7....................................	rs. 2001 No. 132
R. 8..........................................	am. 2001 No. 132