Primary Industries Research and Development Regulations 2024 (Cth)

Primary Industries Research and Development Regulations 2024

I, the Honourable Sam Mostyn AC, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated 10 October 2024

Sam Mostyn AC

Governor‑General

By Her Excellency’s Command

Julie Collins

Minister for Agriculture, Fisheries and Forestry

Contents

Part 1Preliminary1Name

This instrument is the Primary Industries Research and Development Regulations 2024.

2Commencement

1. (1)

   Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1. The whole of this instrument	1 January 2025.	1 January 2025

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

1. (2)

   Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3Authority

This instrument is made under the Primary Industries Research and Development Act 1989.

4Definitions

In this instrument:

Act means the Primary Industries Research and Development Act 1989.

buffalo industry has the same meaning as in the Disbursement Rules.

Charges Regulations means the Primary Industries (Customs) Charges Regulations 2024.

deer industry has the same meaning as in the Disbursement Rules.

Disbursement Rules means the Primary Industries Levies and Charges Disbursement Rules 2024.

fishing industry has the same meaning as in the Disbursement Rules.

fodder industry has the same meaning as in the Disbursement Rules.

ginger industry has the same meaning as in the Disbursement Rules.

goat fibre industry has the same meaning as in the Disbursement Rules.

honeybee industry has the same meaning as in the Disbursement Rules.

Levies Regulationsmeans the Primary Industries (Excise) Levies Regulations 2024.

macropod industry has the same meaning as in the Disbursement Rules.

meat chicken industry has the same meaning as in the Disbursement Rules.

ostrich industry has the same meaning as in the Disbursement Rules.

pasture seed industry has the same meaning as in the Disbursement Rules.

queen bee breeding industry has the same meaning as in the Disbursement Rules.

rice industry has the same meaning as in the Disbursement Rules.

tea tree oil industry has the same meaning as in the Disbursement Rules.

thoroughbred horse industry has the same meaning as in the Disbursement Rules.

Part 2Research and development corporations5Continuing in existence research and development corporations

Cotton Research and Development Corporation

1. (1)

   For the purposes of paragraph 8(b) of the Act, the body known immediately before the commencement of this subsection as the Cotton Research and Development Corporation is continued in existence with that same name.

Fisheries Research and Development Corporation

1. (2)

   For the purposes of paragraph 8(b) of the Act, the body known immediately before the commencement of this subsection as the Fisheries Research and Development Corporation is continued in existence with that same name.

Grains Research and Development Corporation

1. (3)

   For the purposes of paragraph 8(b) of the Act, the body known immediately before the commencement of this subsection as the Grains Research and Development Corporation is continued in existence with that same name.

6Fisheries Research and Development Corporation

Annual Report

1. (1)

   For the purposes of paragraph 28(d) of the Act, the fishing industry is a prescribed primary industry.

Accountability to representative organisations

1. (2)

   For the purposes of subparagraph 29(b)(iii) of the Act, the fishing industry is a prescribed primary industry.

7Grains Research and Development Corporation

For the purposes of paragraph 40(a) of the Act, the Grains Research and Development Corporation must keep separate accounting records in relation to the funding of research and development activities carried out:

1. (a)

   in accordance with a joint venture agreement; or

2. (b)

   by a subsidiary of that Corporation.

8Rural Industries Research and Development Corporation

Keeping of separate accounting records

1. (1)

   For the purposes of paragraph 40(a) of the Act, the Rural Industries Research and Development Corporation must keep separate accounting records in relation to the funding of research and development activities for each industry covered by column 1 of an item (the applicable item) in the table at the end of this section.

Amounts to be credited in the accounting records

1. (2)

   For the purposes of paragraph 40(b) of the Act, the following amounts must be credited in those accounting records:

   1. (a)

      amounts paid to that Corporation under subsection 15(1) of the Primary Industries Levies and Charges Disbursement Act 2024, to the extent those amounts:

      1. (i)

         are equal to the research and development collected amounts (within the meaning of the Primary Industries Levies and Charges Disbursement Act 2024); and

      2. (ii)

         relate to a levy or charge covered by column 2 of the applicable item (and known as the levy or charge described in column 3 of the applicable item);

   2. (b)

      amounts received by that Corporation as contributions to the cost of research and development activities relating to the industry covered by column 1 of the applicable item;

   3. (c)

      amounts received by that Corporation:

      1. (i)

         from the sale of property paid for by money spent by that Corporation under section 33 of the Act, or section 22 of the Primary Industries Levies and Charges Disbursement Act 2024, on research and development activities relating to that industry; or

      2. (ii)

         from the sale of property produced in the course of carrying out research and development activities relating to that industry; or

      3. (iii)

         from dealings in patents or other intellectual property arising out of the carrying out of research and development activities relating to that industry; or

      4. (iv)

         for work paid for by money spent by that Corporation under section 33 of the Act, or section 22 of the Primary Industries Levies and Charges Disbursement Act 2024, on research and development activities relating to that industry;

   4. (d)

      amounts paid to that Corporation as interest on investment of an amount mentioned in any of paragraphs (a) to (c).

Amounts to be debited in the accounting records

1. (3)

   For the purposes of paragraph 40(b) of the Act, the amounts to be debited in those accounting records are all amounts spent by that Corporation under section 33 of the Act, or section 22 of the Primary Industries Levies and Charges Disbursement Act 2024, in relation to the industry covered by column 1 of the applicable item.

Accounting records
Item	Column 1 Industry	Column 2 Levy or charge	Column 3 Common name of levy or charge
1	The buffalo industry	Levy imposed by subclause 8‑1(1) of Schedule 1 to the Levies Regulations	Buffalo slaughter levy
Charge imposed by subclause 8‑1(1) of Schedule 1 to the Charges Regulations		Buffalo export charge
2	The deer industry	Levy imposed by subclause 10‑1(1) of Schedule 1 to the Levies Regulations	Deer slaughter levy
3	The fodder industry	Charge imposed by subclause 72‑1(1) of Schedule 2 to the Charges Regulations	Fodder export charge
4	The ginger industry	Levy imposed by subclause 46‑1(1) of Schedule 2 to the Levies Regulations	Ginger levy
5	The goat fibre industry	Levy imposed by subclause 17‑1(1) of Schedule 1 to the Levies Regulations	Goat fibre levy
6	The honeybee industry	Levy imposed by subclause 3‑1(1) or (2) of Schedule 1 to the Levies Regulations	Honey levy
Charge imposed by clause 3‑1 of Schedule 1 to the Charges Regulations	Honey export charge
7	The macropod industry	Levy imposed by subclause 22‑1(1) of Schedule 1 to the Levies Regulations	Macropod processing levy
8	The meat chicken industry	Levy imposed by subclause 6‑1(1) of Schedule 1 to the Levies Regulations	Meat chicken levy
9	The ostrich industry	Levy imposed by subclause 23‑1(1) of Schedule 1 to the Levies Regulations	Ratite slaughter levy
10	The pasture seed industry	Levy imposed by subclause 27‑1(1) of Schedule 2 to the Levies Regulations	Pasture seed levy
11	The queen bee breeding industry	Levy imposed by subclause 2‑1(1) of Schedule 1 to the Levies Regulations	Queen bee levy
Charge imposed by subclause 2‑1(1) of Schedule 1 to the Charges Regulations	Queen bee export charge
12	The rice industry	Levy imposed by subclause 28‑1(1) of Schedule 2 to the Levies Regulations	Rice levy
13	The tea tree oil industry	Levy imposed by subclause 74‑1(1) of Schedule 2 to the Levies Regulations	Tea tree oil levy
Charge imposed by subclause 74‑1(1) of Schedule 2 to the Charges Regulations	Tea tree oil export charge
14	The thoroughbred horse industry	Levy imposed by subclause 12‑6(1) or (2) of Schedule 1 to the Levies Regulations	Thoroughbred horse levy