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

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Statutory Rules 1990 No. 1991

Rural Industries Research and Development

Corporation Regulations2 (Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Primary Industries and Energy Research and Development Act 1989.

Dated 26 June 1990.

BILL HAYDEN

Governor-General

By His Excellency’s Command,

J. Kerin.

Minister of State for Primary Industries and Energy

 

Commencement

1. These Regulations commence on 1 July 1990.

2. The Rural Industries Research and Development Corporation Regulations are amended by inserting after regulation 3 the following regulations:

 

(S.R. 187/90)—Cat. No. 3/15.6.1990

Attachment of triticale levy

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

“(2) For the purposes of paragraph 5 (3) (a) of the Act, the whole of the levy is the research component of the levy.

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

Accounting records for triticale levy

“5. (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 in relation to the growing of triticale.

“(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 received by the Commonwealth under the Triticale Levy Collection Act 1988 and paid to the Corporation under paragraph 30 (1) (a) of the Act; or

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

(c) amounts received by the Corporation as contributions to the cost of R & D activities in relation to the growing of triticale; or

(d) amounts received by the Corporation:

(i) from the sale of property paid for; or

(ii) from the sale of property produced, or from dealing with patents in respect of inventions made, in the course of carrying out an R & D activity; or

(iii) in respect of work paid for;

by the spending of money in connection with research and development relating to the growing of triticale; or

(e) amounts paid to the Corporation as interest in respect of the investment of the amounts referred to in paragraphs (a), (b), (c) and (d).

“(3) For the purposes of paragraph 40 (1) (b) of the Act, all amounts specified in section 33 of the Act that are required to be paid by the Corporation in relation to the growing of triticale 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 growing of triticale.

Attachment of pasture seed levy

“6. (1) For the purposes of paragraph 5(1) (a) of the Act, the levy imposed by section 6 of the Pasture Seed Levy Act 1989 is attached to the Corporation.

“(2) For the purposes of paragraph 5 (3) (a) of the Act, the whole of the levy is the research component of the levy.

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

Accounting records for pasture seed levy

“7. (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 in relation to the growing of pasture seeds.

“(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 received by the Commonwealth under the Pasture Seeds Levy Collection Act 1989 and paid to the Corporation under paragraph 30 (1) (a) of the Act; or

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

(c) amounts received by the Corporation as contributions to the cost of R & D activities in relation to the growing of pasture seeds; or

(d) amounts received by the Corporation:

(i) from the sale of property paid for; or

(ii) from the sale of property produced, or from dealing with patents in respect of inventions made, in the course of carrying out an R & D activity; or

(iii) in respect of work paid for;

by the spending of money in connection with research and development relating to the growing of pasture seeds; or

(e) amounts paid to the Corporation as interest in respect of the investment of the amounts referred to in paragraphs (a), (b), (c) and (d).

“(3) For the purposes of paragraph 40 (1) (b) of the Act, all amounts specified in section 33 of the Act that are required to be paid by the Corporation in relation to the growing of pasture seeds 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 growing of pasture seeds.

 

Attachment of goat fibre levy

“8. (1) For the purposes of paragraph 5 (1) (a) of the Act, the levy imposed by section 5 of the Goat Fibre Levy Act 1989 is attached to the Corporation.

“(2) For the purposes of paragraph 5 (3) (a) of the Act, the whole of the levy is the research component of the levy.

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

Accounting records for goat fibre levy

“9. (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 in relation to the growing of goat fibre.

“(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 received by the Commonwealth under the Goat Fibre Levy Collection Act 1989 and paid to the Corporation under paragraph 30 (1) (a) of the Act; or

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

(c) amounts received by the Corporation as contributions to the cost of R & D activities in relation to the growing of goat fibre; or

(d) amounts received by the Corporation:

(i) from the sale of property paid for; or

(ii) from the sale of property produced, or from dealing with patents in respect of inventions made, in the course of carrying out an R & D activity; or

(iii) in respect of work paid for;

by the spending of money in connection with research and development relating to the growing of goat fibre; or

(e) amounts paid to the Corporation as interest in respect of the investment of the amounts referred to in paragraphs (a), (b), (c) and (d).

“(3) For the purposes of paragraph 40 (1) (b) of the Act, all amounts specified in section 33 of the Act that are required to be paid by the Corporation in relation to the growing of goat fibre 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 growing of goat fibre.

 

Method of calculation of gross value of production

“10. (1) For the purposes of subsection 32 (2) of the Act, the Minister is to determine the gross value of production, for a financial year, of the produce of a primary industry in respect of which a levy has been attached to the Corporation in accordance with the formula:

where:

A is the value of the leviable goods produced in the financial year ending 1 year before the start of the relevant financial year; and

B is the value of the leviable goods produced in the financial year immediately before the relevant financial year; and

C is the estimated value of the leviable goods to be produced in the relevant financial year.

“(2) A reference to the value of leviable goods produced or to be produced in a financial year is a reference to the production figure supplied by the Australian Bureau of Agricultural and Resource Economics that shows:

(a) the gross value of leviable goods produced; or

(b) the estimated gross value of leviable goods to be produced;

by the primary industry in that financial year.”

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 29 June 1990.

2. Statutory Rules 1990 No. 198

Printed by Authority by the Commonwealth Government Printers

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