Rural Industries Research and Development Corporation Regulations (Amendment) (Cth)

Statutory Rules 1995

No. 205 1

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Rural Industries Research and Development Corporation Regulations 2(Amendment)

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Primary Industries and Energy Research and Development Act 1989.

Dated 30 June 1995.

 BILL HAYDEN

 Governor-General

By His Excellency’s Command,

BOB COLLINS

Minister for Primary Industries and Energy

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1.   Commencement

1.1   These Regulations commence on 1 July 1995.

2.   Amendment

2.1   The Rural Industries Research and Development Corporation Regulations are amended as set out in these Regulations.

3.   New regulations 9J and 9K

3.1   After regulation 9H, insert:

Attachment of buffalo levies

“9J.

(1) In this regulation and in regulation 9K:

‘buffalo industry’ means the part of the primary industry specified in paragraph 3 (1) (c) that is concerned with the raising of buffalos, the production and processing of buffalo meat, and the distribution and sale of buffalo meat and buffalo meat products.

“(2)

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

• (a)

  levy imposed by section 5 of the Live-stock Slaughter Levy Act 1964;

• (b)

  charge imposed by section 5 of the Live-stock Export Charge Act 1977.

“(3)

For the purposes of paragraph 5 (3) (a) of the Act, the research component of the levy is so much of the levy as is payable because of the operation of:

• (a)

  in the case of levy referred to in paragraph (2) (a)—paragraph 6C (a) of the Live-stock Slaughter Levy Act 1964; and

• (b)

  in the case of charge referred to in paragraph (2) (b)—paragraph 10 (a) of the Live-stock Export Charge Act 1977.

“(4)

For the purposes of paragraph 5 (3) (b) of the Act, the buffalo industry is the primary industry to which each levy relates.

Accounting records for buffalo levies

“9K.

(1) For the purposes of paragraph 40 (1) (a) of the Act, the Corporation is to keep separate accounting records of the funding of R & D activities relating to the buffalo industry.

“(2)

For the purposes of paragraph 40 (1) (b) of the Act, the following amounts are to be credited in the accounting records kept under subregulation (1):

• (a)

  amounts of levy referred to in subregulation 9J (2) that are received by the Commonwealth under the Collection Act and paid to the Corporation under paragraph 30 (1) (a) of the Act;

• (b)

  amounts paid to the Corporation by the Commonwealth under paragraph 30 (1) (b) of the Act;

• (c)

  amounts received by the Corporation as contributions to the cost of R & D activities relating to the buffalo industry;

• (d)

  amounts received by the Corporation:

  • (i)

    from the sale of property paid for by moneys spent by the Corporation under section 33 of the Act on R & D activities relating to the buffalo industry; or

  • (ii)

    from the sale of property produced in the course of carrying out R & D activities relating to that industry; or

  • (iii)

    from dealings in patents or other intellectual property arising out of the carrying out of R & D activities relating to that industry; or

  • (iv)

    for work paid for by moneys spent by the Corporation under section 33 of the Act on R & D activities relating to that industry;

• (e)

  amounts paid to the Corporation as interest on investment of an amount referred to in any of paragraphs (a) to (d).

“(3)

For the purposes of paragraph 40 (1) (b) of the Act, all amounts spent under section 33 of the Act in relation to the buffalo industry are to be debited in the accounting records kept under subregulation (1).

“(4)

For the purposes of subsection 40 (2) of the Act, the only R & D activities on which amounts credited under subregulation (2) can be spent are R & D activities relating to the buffalo industry.”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 30 June 1995.

2. Statutory Rules 1990 No. 198 as amended by 1990 No. 199; 1992 Nos. 131 and 201; 1995 No. 102.