Dairy Research and Development Corporation Regulations 1990
Statutory Rules 1990 No. 16 as amended
made under the
Primary Industries and Energy Research and Development Act 1989
This compilation was prepared on 1 July 2001
taking into account amendments up to SR 2001 No. 130
Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra
Contents
Page
1 Name of Regulations [see Note 1]
2 Commencement
3 Definitions
4 Establishment of Corporation
5 Levy attached to the Dairy Corporation
6 Gross value of production
Notes
1 Name of Regulations [see Note 1]
These Regulations are the Dairy Research and Development Corporation Regulations 1990.
2 Commencement
These Regulations commence on 1 April 1990.
3 Definitions
In these Regulations:
Act means the Primary Industries and Energy Research and Development Act 1989.
Corporation means the Corporation declared by regulation 4 to be established.
dairy industry means the industry in Australia that is concerned with the production, processing, manufacture, distribution and sale (including sale overseas) of milk.
milk has the same meaning as in clause 1 of Schedule 6 to the Primary Industries (Excise) Levies Act 1999.
4 Establishment of Corporation
For section 8 of the Act, an R&D Corporation to be known as the Dairy Research and Development Corporation is declared to be established in respect of the dairy industry.
5 Levy attached to the Dairy Corporation
(1) For paragraph 5 (1) (a) of the Act, the research levy imposed by paragraph 6 (1) (f) of Schedule 6 to the Primary Industries (Excise) Levies Act 1999 is attached to the Corporation.
(2) For paragraph 5 (3) (a) of the Act, the whole of the levy is the research component of the levy.
(3) For paragraph 5 (3) (b) of the Act, the dairy industry is the primary industry to which the levy relates.
6 Gross value of production
(1) For subsection 32 (2) of the Act, the Minister must determine the amount of the gross value of production of milk, for a financial year (the relevant financial year), by using:
where:
A is the estimated value of milk to be produced in the relevant financial year.
B is the value of milk produced in the financial year immediately before the relevant financial year (the previous financial year).
C is the value of milk produced in the financial year immediately before the previous financial year.
(2) In subregulation (1), a reference to the value of milk produced, or to the estimated value of milk 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 milk produced by the dairy industry in that financial year; or
(b) the estimated gross value of milk to be produced by the dairy industry for that financial year.
Notes to the Dairy Research and Development Corporation Regulations 1990
Note 1
The Dairy Research and Development Corporation Regulations 1990 (in force under the Primary Industries and Energy Research and Development Act 1989) as shown in this compilation comprise Statutory Rules 1990 No. 16 amended as indicated in the Tables below.
Table of Statutory Rules
Year and
number | Date of notification
in Gazette | Date of
commencement | Application, saving or
transitional provisions |
1990 No. 16 | 31 Jan 1990 | 1 Apr 1990 | |
2001 No. 130 | 20 June 2001 | 1 July 2001 | — |
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
Provision affected | How affected |
R. 1................. | rs. 2001 No. 130 |
R. 3................. | rs. 2001 No. 130 |
Heading to r. 4.......... | rs. 2001 No. 130 |
Rr. 4, 5............... | am. 2001 No. 130 |
R. 6................. | rs. 2001 No. 130 |
Overview
The Dairy Research and Development Corporation Regulations 1990 were enacted under the Primary Industries and Energy Research and Development Act 1989 to establish a research and development corporation for the dairy industry in Australia. This legislative instrument aimed to address the need for coordinated research and development efforts within the dairy sector to enhance productivity, quality, and market competitiveness. The regulations were prepared by the Office of Legislative Drafting, Attorney-General’s Department, and came into force on 1 April 1990. The primary objective of these regulations is to facilitate the establishment of the Dairy Research and Development Corporation, which is tasked with managing the research levy attached to the dairy industry, ensuring that research activities are directed towards the primary industry’s needs and objectives.
Scope and Application
The Dairy Research and Development Corporation Regulations 1990, made under the Primary Industries and Energy Research and Development Act 1989, establish the framework for the Dairy Research and Development Corporation (Corporation), which is dedicated to fostering research and development within the Australian dairy industry. The Corporation applies to all entities involved in the dairy industry, including those engaged in the production, processing, manufacturing, distribution, and sale of milk. The scope of the Corporation extends to both domestic and international sales, ensuring comprehensive coverage of the industry. The geographic reach of these Regulations is national, encompassing the entire Australian dairy sector. The primary mechanism for funding the Corporation is through a research levy, which is attached to the Corporation as per the Primary Industries (Excise) Levies Act 1999. The levy is applied to the dairy industry as the primary industry to which it relates. The Corporation's operations are governed by the determination of the gross value of milk production by the Minister, using specific formulae based on production figures supplied by the Australian Bureau of Agricultural and Resource Economics. Any amendments or further specifications regarding the application and administration of these Regulations are to be found in subordinate instruments.
Key Provisions
The Dairy Research and Development Corporation Regulations 1990, made under the Primary Industries and Energy Research and Development Act 1989, establish the framework for the Dairy Research and Development Corporation (Corporation). The Regulations (Regulations) commence on 1 April 1990, with subsequent amendments taking effect on specified dates. Regulation 4 declares the establishment of the Corporation, specifically for the dairy industry, which encompasses the production, processing, manufacture, distribution, and sale of milk within Australia. The levy imposed by the Primary Industries (Excise) Levies Act 1999 is attached to the Corporation, with the entirety of the levy designated as the research component applicable to the dairy industry (Regulation 5).
The Regulations impose obligations on several parties, primarily the Corporation itself and the Minister. The Minister is tasked with determining the gross value of milk production for each financial year, using specified formulae based on production figures provided by the Australian Bureau of Agricultural and Resource Economics (Regulation 6). This determination is crucial for the financial management and levy assessment of the Corporation. The Corporation, once established, is expected to manage and allocate the research levy for the development and promotion of research and development initiatives within the dairy industry.
Violations of the provisions under the Regulations may result in various consequences. While the Regulations do not explicitly detail specific offences or penalties, breaches of related Acts or failure to comply with ministerial determinations may lead to civil or criminal penalties as stipulated in the Primary Industries and Energy Research and Development Act 1989 and other relevant legislation. The severity of penalties can vary, but may include fines and other sanctions depending on the nature and extent of the breach. It is essential for parties involved to adhere to the prescribed obligations to avoid potential legal repercussions.