Tobacco Research and Development Regulations (Cth)

Statutory Rules 1990 No. 1451

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Tobacco Research and Development Regulations

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 18 June 1990.

BILL HAYDEN

Governor-General

By His Excellency's Command,

J. KERIN

Minister of State for Primary Industries and Energy

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Citation

1. These Regulations may be cited as the Tobacco Research and Development Regulations.

Commencement

2. These Regulations commence on 1 August 1990.

Interpretation

3. In these Regulations, unless the contrary intention appears:

"Council" means the Tobacco Research and Development Council specified in regulation 4;

"Fund" means the Tobacco Research and Development Fund specified in regulation 5;

"the Act" means the Primary Industries and Energy Research and Development Act 1989;

"tobacco industry" means the Australian industry concerned with the production, distribution, processing and sale of tobacco leaf;

"tobacco leaf" means tobacco leaf grown in Australia.

Establishment of Council

4. An R & D Council to be known as the Tobacco Research and Development Council is declared to be established in respect of the tobacco industry.

Tobacco Research and Development Fund

5. For the purposes of section 107 of the Act, the R&D Fund established in respect of the Council is to be known as the Tobacco Research and Development Fund.

Levy attached to the Fund

6.(1) For the purposes of paragraph 5 (1) (a) of the Act, a levy imposed:

(a) by section 4 of the Tobacco Charge Act (No. 1) 1955; and

(b) by section 5 of the Tobacco Charge Act (No. 2) 1955; and

(c) by section 4 of the Tobacco Charge Act (No. 3) 1955;

is declared to be attached to the Fund.

(2) For the purposes of paragraph 5 (3) (a) of the Act, so much of a levy as is received because of the operation:

(a) of paragraph 5 (b) of the Tobacco Charge Act (No. 1) 1955; and

(b) of paragraph 6 (b) of the Tobacco Charge Act (No. 2) 1955; and

(c) of paragraph 5 (b) of the Tobacco Charge Act (No. 3) 1955;

is declared to be the research component of the levy.

(3) For the purposes of paragraph 5 (3) (b) of the Act, the tobacco industry is declared to be the primary industry to which a levy specified in subregulation (1) relates.

Gross value of production of tobacco

7.(1) The Minister is to determine the gross value of production of tobacco for a financial year that commences on or after 1 July 1991 (in this regulation called "the relevant year") by calculating the value in accordance with the formula:

where:

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

B is the value of tobacco leaf produced in the financial year immediately before the relevant year; and

C is the estimated value of tobacco leaf to be produced in the relevant year.

(2) A reference to the value of tobacco leaf 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 tobacco leaf produced; or

(b) the estimated gross value of tobacco leaf to be produced;

by the tobacco industry in that financial year.

NOTE

1. Notified in the Commonwealth of Australia Gazette