Statutory Rules 1995
No. 85 1
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Tobacco Research and Development Corporation Regulations
I, THE
ADMINISTRATOR of the Government 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
2 May 1995.
P.
BENNETT
Administrator
By His
Excellency’s Command,
BOB COLLINS
Minister
for Primary Industries and Energy
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Citation
1. These Regulations may be cited as the Tobacco
Research and Development Corporation Regulations.
Commencement
2.These Regulations commence on 1 July
1995.
Interpretation
3. In these Regulations:
“Act” means the Primary Industries and Energy Research
and Development Act 1989;
“Corporation” means the Tobacco Research and Development
Corporation referred to in regulation 4;
“tobacco industry” means the primary industry concerned with
the production, distribution, processing and sale of tobacco leaf;
“tobacco leaf” means tobacco leaf grown in Australia.
Establishment of Tobacco Research and Development Corporation
4. For the purposes of section 8 of the
Act, a Research and Development Corporation, to be known as the Tobacco
Research and Development Corporation, is declared to be established in respect
of the tobacco industry.
Levy attached to the Corporation
5. (1) For
the purposes of paragraph 5 (1) (a) of the Act, levy imposed by
any of the following provisions is declared to be attached to the Corporation:
- (a)
section 4 of the Tobacco Charge Act
(No. 1) 1955;
- (b)
section 5 of the Tobacco Charge Act
(No. 2) 1955;
- (c)
section 4 of the Tobacco Charge Act
(No. 3) 1955.
(2) For the purposes of
paragraph 5 (3) (a) of the Act, so much of each levy as is
payable because of the operation of any of the following provisions is declared
to be the research component:
- (a)
paragraph 5 (b) of the Tobacco
Charge Act (No. 1) 1955;
- (b)
paragraph 6 (b) of the Tobacco
Charge Act (No. 2) 1955;
- (c)
paragraph 5 (b) of the Tobacco
Charge Act (No. 3) 1955.
(3)For the purposes of
paragraph 5 (3) (b) of the Act, the tobacco industry is the
primary industry to which each levy relates.
Gross value of production for the tobacco industry
6. For the purposes of
subsection 32 (2) of the Act, the manner in which the Minister is to
determine the gross value of production of tobacco leaf for a financial year is
by calculating that value in accordance with the following formula:
where:
“A” is
the estimated gross value of tobacco leaf to be produced by the tobacco
industry in that financial year, as shown in figures supplied by the Australian
Bureau of Agricultural and Resource Economics in relation to that financial
year; and
“B” is the gross value
of tobacco leaf produced by the tobacco industry in the 2 financial years
immediately before that financial year, as shown in figures supplied by the
Australian Bureau of Agricultural and Resource Economics in relation to those
financial years.
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NOTE
1. Notified in the Commonwealth
of Australia Gazette