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

Statutory Rules 1995

No. 166 1

__________________

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 27 June 1995.

 BILL HAYDEN

 Governor-General

By His Excellency’s Command,

BOB COLLINS

Minister for Primary Industries and Energy

____________

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 9G and 9H

3.1   After regulation 9F, insert:

Attachment of honey levies

“9G.

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

‘honeybee industry’ means the primary industry specified in paragraph 3 (1) (e).

“(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 4 of the Honey Levy Act (No. 1) 1962, being levy of the class referred to in paragraph 5 (1) (b) of that Act;

• (b)

  levy imposed by section 4 of the Honey Levy Act (No. 2) 1962, being levy of the class referred to in paragraph 5 (1) (b) of that Act;

• (c)

  charge imposed by section 5 of the Honey Export Charge Act 1973.

“(3)

For the purposes of paragraph 5 (3) (a) of the Act, the whole of each levy referred to in subregulation (2) is the research component.

“(4)

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

Accounting records for honey levies

“9H.

(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 honeybee 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 9G (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 honeybee 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 honeybee 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 honeybee 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 in relation to the honeybee 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.