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

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Statutory Rules 1995

No. 102 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 11 May 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 9C, 9D, 9E and 9F

3.1   After regulation 9B, insert:

Attachment of meat chicken levy

 “9C.(1) In this regulation and in regulation 9D:

‘meat chicken’ has the same meaning as in the Meat Chicken Levy Act 1969;

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

 “(2) For the purposes of paragraph 5 (1) (a) of the Act, levy imposed by section 5 of the Meat Chicken Levy Act 1969 is attached to the Corporation.

 “(3) For the purposes of paragraph 5 (3) (a) of the Act, so much of the levy as is payable because of the operation of paragraph 7 (1) (a) of the Meat Chicken Levy Act 1969 is the research component.

 “(4) For the purposes of paragraph 5 (3) (b) of the Act, the meat chicken industry is the primary industry to which the levy relates.

Accounting records for meat chicken levy

 “9D.(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 meat chicken 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 9C (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 meat chicken 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 meat chicken 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 dealing 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 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 meat chicken 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 meat chicken industry.

Attachment of the laying chicken levy

 “9E.(1) In this regulation and in regulation 9F:

‘egg industry’ means the primary industry specified in paragraph 3 (1) (g).

 “(2) For the purposes of paragraph 5 (1) (a) of the Act, levy imposed by section 4 of the Laying Chicken Levy Act 1988 is attached to the Corporation.

 “(3) For the purposes of paragraph 5 (3) (a) of the Act, so much of the levy as is payable because of the operation of paragraph 7 (a) of the Laying Chicken Levy Act 1988 is the research component.

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

Accounting records for laying chicken levy

 “9F.(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 egg 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 9E (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 egg 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 egg 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 dealing 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 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 egg 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 egg industry.”.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 18 May 1995.

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

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