EXPLANATORY STATEMENT
STATUTORY RULES 1990 NO. 62
Issued by the Authority of the Minister of State for Primary Industries and Energy.
PRIMARY INDUSTRIES AND ENERGY RESEARCH
AND DEVELOPMENT ACT 1989
CHICKEN MEAT RESEARCH AND DEVELOPMENT COUNCIL REGULATIONS
The proposed Regulations provide for the establishment of the Chicken Meat Research and Development Council.
Section 92 of the Primary Industries and Energy Research and Development Act 1989 (the Act) provides for the establishment by regulation of Research and Development Councils in respect of primary industries or classes of primary industries and for the Councils to be known by the names specified in the regulations.
Where, as a result of making regulations, an R&D Council is established on a particular day, under subsection 107(1) of the Act, a Research and Development Fund, to be known by the name specified in the regulations, is established in respect of the Council on that day. The R&D Fund established in respect of the Chicken Meat Research and Development Council is to be known as the Chicken Meat R&D Fund.
Section 5 of the Act provides for a declaration by the regulations as to the levy to be attached to the Chicken Meat R&D Fund. The research levy imposed by paragraph 5(1)a of the Meat Chicken Levy Act 1969 is attached by the regulations to the Fund under this provision.
Subsection 32(2) of the Act provides for a statement in the regulations as to the manner in which the Minister is to determine the amount of the gross value of production of goods that are the produce of the industry to which the levy relates, for a financial year. This is important in that subsection 32(1) of the Act limits the Commonwealth’s matching payments to the Corporation in a particular financial year to a maximum amount equal to 0.5% of the gross value of production of goods, as determined by the Minister, for that financial year.
Subsection 136(1) of the Act allows the Minister to appoint a Presiding Member of the RIR&D Corporation Selection Committees if the regulations have been made but are not yet in force. Appointment of a Presiding Member initiates the process of selecting persons suitable for appointment as Members of the proposed Council and it is important that this process be completed before the Council is established. It is therefore necessary that the regulations be made well in advance of their commencement date.
The regulations will commence on 2 July 1990.
Overview
The Chicken Meat Research and Development Council Regulations, issued under the authority of the Minister of State for Primary Industries and Energy, were enacted to address a gap in research and development funding for the chicken meat industry. These regulations were made pursuant to the Primary Industries and Energy Research and Development Act 1989, which allows for the establishment of Research and Development Councils for primary industries through regulation. The policy objective of these regulations is to facilitate targeted research and development activities by establishing a Chicken Meat Research and Development Council and associated fund, ensuring that the industry benefits from research efforts that enhance productivity and competitiveness. The Chicken Meat R&D Fund, to which a specific levy is attached, is established under these regulations to support these research initiatives, with Commonwealth matching payments being limited to a maximum of 0.5% of the gross value of production of goods in the industry. The regulations are designed to ensure that the Council is operational and fully staffed before it commences activities on 2 July 1990.
Scope and Application
The Chicken Meat Research and Development Council Regulations, issued under the Primary Industries and Energy Research and Development Act 1989, establish the Chicken Meat Research and Development Council. This legislation applies specifically to the chicken meat industry, targeting entities involved in the production and trade of chicken meat within Australia. The Act mandates the creation of a Research and Development Fund, referred to as the Chicken Meat R&D Fund, which is directly linked to the newly formed Council. The regulations also specify the levy attached to this fund, which is sourced from the research levy outlined in the Meat Chicken Levy Act 1969. Furthermore, the Act sets out the method by which the Minister determines the gross value of production for the chicken meat industry, which is crucial in limiting the Commonwealth’s matching payments to the Council. The regulations also provide for the appointment of a Presiding Member for the R&D Council Selection Committees, ensuring that suitable members are appointed prior to the Council's establishment. The regulations are set to commence on 2 July 1990, ensuring that the administrative processes are well underway before the Council officially begins its operations.
Key Provisions
The Chicken Meat Research and Development Council Regulations establish the Chicken Meat Research and Development Council under Section 92 of the Primary Industries and Energy Research and Development Act 1989. This Council, once established, will be responsible for overseeing research and development in the chicken meat industry. The regulations specify that a Research and Development Fund, named the Chicken Meat R&D Fund, will also be established on the same day as the Council. This fund will be financed by the research levy specified in the Meat Chicken Levy Act 1969, as outlined in Section 5 of the Act. The levy will be attached to the fund through these regulations, ensuring a dedicated financial resource for research and development activities.
The obligations under these regulations include the establishment of the Chicken Meat Research and Development Council and the Chicken Meat R&D Fund, with the levy attached to the fund as a source of finance. The Minister's role is critical in determining the gross value of production for the industry, which is essential for calculating the Commonwealth's matching payments to the Corporation as specified in Section 32 of the Act. Additionally, Subsection 136(1) of the Act mandates that the Minister appoints a Presiding Member of the R&D Corporation Selection Committees, a process that must be initiated before the Council is formally established. This ensures that suitable members are selected and appointed in a timely manner, facilitating the effective functioning of the Council once it is operational.
Failure to comply with the provisions of these regulations may result in various consequences. The Act provides for both civil and criminal penalties for non-compliance. Specific offences and their associated penalties are not detailed in the explanatory statement, but under the general legal framework, breaches could lead to fines, imprisonment, or both, depending on the severity of the offence. The exact penalties would be determined based on the specific provisions of the Primary Industries and Energy Research and Development Act 1989 and any other relevant legislation. The importance of adhering to these regulations is underscored by the potential for significant legal repercussions for non-compliance.