Rural Industries Research and Development Corporation Regulations (Cth)
made under the
Consolidated as in force on 5 October 1998
(includes amendments up to SR 1998 No. 105)
Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra
made under the
Page
• • • • • • • • • • • • • • • • •
These Regulations may be cited as the Rural Industries Research and Development Corporation Regulations.
In these Regulations:
Corporation means the Rural Industries Research and Development Corporation established under subsection 9 (1) of the Act.
goat fibre levy means levy imposed by section 5 of theGoat Fibre Levy Act 1989 .
pasture seed levy means levy imposed by section 6 of thePasture Seed Levy Act 1989 .
rice levy means levy imposed by section 5 of theRice Levy Act 1991 .
the Act means thePrimary Industries and Energy Research and Development Act 1989 .
(1) For the purposes of subsection 9 (2) of the Act, the primary industries in respect of which the Corporation is established are:
(a) the growing and harvesting of plants, grains, seeds, fruit or vegetables; and
(b) the raising and breeding of animals; and
(c) the production and processing of meat and the distribution and sale of meat and meat products; and
(d) the production of animal and plant fibres; and
(da) the industry concerned with:
(i) the raising, breeding and slaughter of deer; and
(ii) the export of live deer; and
(iii) the production, processing and export of deer velvet; and
(e) the industry concerned with:
(i) the production, processing, sale and distribution of honey, beeswax and pollen; and
(ii) the provision of pollination services by honeybees; and
(iii) the breeding, sale and distribution of queen bees; and
(f) the production, processing, manufacture, distribution and sale of animal milk and animal milk products; and
(g) the production and processing of eggs and the distribution and sale of eggs and processed egg products; and
(h) the growing, harvesting and processing of trees; and
(i) the production of animal feed; and
(j) a primary industry that the Minister specifies by order to be a primary industry for the purposes of subsection 9 (2) of the Act.
(2) The Minister may make orders specifying primary industries in respect of which the Corporation is established.
(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.
(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 of pasture seed levy 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 in relation to the growing of pasture seeds;
(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; or
(iii) in respect of work paid for;
in connection with research and development relating to the growing of pasture seeds;
(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.
(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.
(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 of goat fibre levy 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 in relation to the growing of goat fibre;
(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; or
(iii) in respect of work paid for;
in connection with research and development relating to the growing of goat fibre;
(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.
(1) For the purposes of paragraph 5 (1) (a) of the Act, the levy imposed by section 5 of the
Rice Levy Act 1991 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 levy relates to the rice-growing industry.
(1) For the purposes of paragraph 40 (1) (a) of the Act, the Corporation is to keep separate accounting records of funding of R & D activities relating to the growing of rice.
(2) For the purposes of paragraph 40 (1) (b) of the Act, the following amounts are to be credited in the accounting records:
(a) amounts of rice levy 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 in relation to the growing of rice;
(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; or
(iii) in respect of work paid for;
in connection with research and development relating to the growing of rice;
(e) amounts paid to the Corporation as interest on 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 spent under section 33 of the Act in relation to the growing of rice are to be debited in the accounting records.
(4) For the purposes of subsection 40 (2) of the Act, amounts credited in the accounting records may be spent only on R & D activities related to the growing of rice.
(1) In this regulation and in regulation 9D:
meat chicken has the same meaning as in theMeat 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.
(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.
(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.
(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.
(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.
(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.
(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 bysection 4 of the
Buffalo Slaughter Levy Act 1997 ;(b) charge imposed by section 4 of the
Buffalo Export Charge Act 1997 .
(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 5 (a) of the
Buffalo Slaughter Levy Act 1997 ; and(b) in the case of charge referred to in paragraph (2) (b) —paragraph 6 (a) of the
Buffalo Export Charge Act 1997 .
(4) For the purposes of paragraph 5 (3) (b) of the Act, the buffalo industry is the primary industry to which each levy relates.
(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.
(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; andC 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.
The Rural
Industries Research and Development Corporation Regulations (in force under the
1990 No. 198 | 29 June 1990 | 29 June 1990 | ||||
1990 No. 199 | 29 June 1990 | 1 July 1990 | — | |||
1992 No. 131 | 27 May 1992 | 27 May 1992 | — | |||
1992 No. 201 | 30 June 1992 | 1 July 1992 | — | |||
1995 No. 102 | 18 May 1995 | 1 July 1995 | — | |||
1995 No. 166 | 30 June 1995 | 1 July 1995 | — | |||
1995 No. 205 | 30 June 1995 | 1 July 1995 | — | |||
1998 No. 105 | 27 May 1998 | 1 July 1998 ( | — | |||
am. = amended rep. = repealed rs. = repealed and substituted | |
R. 2.......................................... | am. 1992 No. 131 |
R. 3.......................................... | am. 1992 No. 201 |
Rr. 4, 5.................................... | ad. 1990 No. 199 |
rep. 1992 No. 131 | |
R. 6.......................................... | ad. 1990 No. 199 |
R. 7.......................................... | ad. 1990 No. 199 |
am. 1992 No. 131 | |
R. 8.......................................... | ad. 1990 No. 199 |
R. 9.......................................... | ad. 1990 No. 199 |
am. 1992 No. 131 | |
Rr. 9A, 9B............................... | ad. 1992 No. 131 |
Rr. 9C-9F................................ | ad. 1995 No. 102 |
Rr. 9G, 9H.............................. | ad. 1995 No. 166 |
R. 9J........................................ | ad. 1995 No. 205 |
am. 1998 No. 105 | |
R. 9K....................................... | ad. 1995 No. 205 |
R. 10........................................ | ad. 1990 No. 199 |
0
0
0