Cotton Research and Development Corporation Regulations 1990

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au F1996B01259 Regulations Not in force Legislative Instrument

Legislation content

Cotton Research and Development Corporation Regulations 1990

Statutory Rules No. 212, 1990

made under the

Primary Industries Research and Development Act 1989

Compilation No. 2

Compilation date:   28 March 2017

Includes amendments up to: F2017L00308

Registered:    29 March 2017

 

About this compilation

This compilation

This is a compilation of the Cotton Research and Development Corporation Regulations 1990 that shows the text of the law as amended and in force on 28 March 2017 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Selfrepealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

1 Name of Regulations

3 Interpretation

4 Establishment of Corporation

5 Levies attached to the Corporation

6 Gross value of production

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

 

 

 

1  Name of Regulations

  These Regulations are the Cotton Research and Development Corporation Regulations 1990.

3  Interpretation

  In these Regulations, unless the contrary intention appears:

Act means the Primary Industries Research and Development Act 1989.

Corporation means the Corporation declared by regulation 4 to be established.

cotton means cotton grown in Australia.

cotton industry means the Australian industry concerned with the production, distribution, processing and sale of cotton.

cotton lint means cotton processed to exclude linters, seed and waste cotton.

4  Establishment of Corporation

  For section 8 of the Act, an R & D Corporation to be known as the Cotton Research and Development Corporation is declared to be established in respect of the cotton industry.

5  Levies attached to the Corporation

 (1) For the purposes of paragraph 5(1)(a) of the Act, the following levies are declared to be attached to the Corporation:

 (a) the levy imposed on leviable cotton by clause 2 of Schedule 5 to the Primary Industries (Excise) Levies Act 1999;

 (b) the levy imposed on seed cotton by clause 10.2 of Part 10 of Schedule 27 to the Primary Industries (Excise) Levies Regulations 1999;

 (c) the charge imposed on seed cotton by clause 6.2 of Part 6 of Schedule 14 to the Primary Industries (Customs) Charges Regulations 2000.

 (2) For the purposes of paragraph 5(3)(a) of the Act, the whole of the levies mentioned in paragraphs (1)(a), (b) and (c) are declared to be the research component of the levies.

 (3) For the purposes of paragraph 5(3)(b) of the Act, the cotton industry is declared to be the primary industry to which the levies relate.

6  Gross value of production

 (1) For subsection 32(2) of the Act, the Minister must determine the gross value of production of cotton, for a financial year (the relevant financial year), by using:

where:

A is the estimated value of cotton lint to be produced in the relevant financial year.

B is the value of cotton lint produced in the financial year immediately before the relevant financial year (the previous financial year).

C is the value of cotton lint produced in the financial year immediately before the previous financial year.

 (2) In subregulation (1), a reference to the value of cotton lint produced, or to the estimated value of cotton lint 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 cotton lint produced by the cotton industry in that financial year; or

 (b) the estimated gross value of cotton lint to be produced by the cotton industry for that financial year.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

    /subsubparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

    effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

    effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

SubCh = SubChapter(s)

    cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Number and year

FRLI registration or gazettal

Commencement

Application, saving and transitional provisions

No. 212, 1990

4 July 1990

1 Oct 1990

 

No. 129, 2001

20 June 2001

1 July 2001

 

Name

Registration

Commencement

Application, saving and transitional provisions

Cotton Research and Development Corporation Amendment (Seed Cotton) Regulations 2017

27 Mar 2017 (F2017L00308)

28 Mar 2017 (s 2(1) item 1)

 

Endnote 4—Amendment history

 

Provision affected

How affected

r 1.....................

rs No 129, 2001

r 2.....................

rep LA s 48D

r 3.....................

am No 129, 2001; F2017L00308

r 4.....................

am No 129, 2001

r 5.....................

am No 129, 2001

 

rs F2017L00308

r 6.....................

rs No 129, 2001

 

Overview

The Cotton Research and Development Corporation Regulations 1990 were enacted under the Primary Industries Research and Development Act 1989 to address the need for specific research and development initiatives within the cotton industry in Australia. These regulations, compiled and amended as of 28 March 2017, establish the Cotton Research and Development Corporation and declare the specific levies attached to the corporation for research and development purposes. The regulations also specify the method for determining the gross value of production of cotton, which is critical for calculating the levies and ensuring that the funding for research and development is appropriately aligned with industry output. The enacting body responsible for these regulations is the Parliament of Australia, with the policy objective being to foster innovation and efficiency within the Australian cotton industry through targeted research and development efforts.

Scope and Application

The Cotton Research and Development Corporation Regulations 1990, established under the Primary Industries Research and Development Act 1989, pertain to the Cotton Research and Development Corporation. This corporation is designated to focus on the cotton industry, which encompasses the production, distribution, processing, and sale of cotton within Australia. The regulations declare specific levies, such as those on leviable cotton and seed cotton, which are attached to the Corporation and designated as the research component of the levies. These levies are meant to fund research and development activities in the cotton industry. The application of these regulations extends to the entire cotton industry in Australia, and they apply to all entities involved in the production, processing, and sale of cotton. There are no specific exclusions mentioned within the regulations; however, they do specify the method by which the gross value of cotton production should be determined for levy purposes. The scope of the regulations is further defined through subordinate instruments, which can modify or extend their application.

Key Provisions

The Cotton Research and Development Corporation Regulations 1990 (the Regulations) establish the Cotton Research and Development Corporation (Corporation) under the Primary Industries Research and Development Act 1989 (the Act). The Regulations specify the levies attached to the Corporation, which include levies on leviable cotton, seed cotton, and charges on seed cotton, all of which constitute the research component of the levies (Regulation 5). These levies are integral to funding the Corporation's activities aimed at the research and development of the cotton industry. The Regulations mandate the Corporation to undertake research and development activities for the cotton industry, as well as to establish and maintain a levy collection system (Regulation 6). The Minister for Primary Industries is required to determine the gross value of production of cotton for a financial year by using specified values of cotton lint production from the Australian Bureau of Agricultural and Resource Economics (Regulation 6). This determination is essential for calculating the levies and ensuring the Corporation has the necessary funds to operate effectively. Under the Regulations, there are specific offences and penalties for breaches, although the exact penalties are not detailed within the Regulations themselves. For instance, contravening any provision of the Act or the Regulations may lead to civil or criminal penalties as prescribed under the Act. Additionally, failure to comply with the levies or the Corporation's obligations may result in legal actions, including fines or other sanctions as provided by the Act. Furthermore, the Regulations outline the establishment of the Corporation and its governance, including the appointment of directors and the setting of its financial year. The Corporation is tasked with managing the funds derived from the levies to support research, development, and extension activities within the cotton industry. The Regulations also provide for the review and amendment of the levies and other operational aspects of the Corporation to ensure it remains effective and responsive to industry needs.

Legal classification tags

Area of Law
Primary Industry Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
Levies attached to the Corporation
Gross value of production

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.