Declaration of a representative organisation under the Primary Industries Research and Development Act 1989

Overview

The Primary Industries Research and Development Act 1989 was enacted to facilitate and support research, development, and extension activities in Australia's primary industries, aiming to enhance productivity, sustainability, and competitiveness. The 2017 Gazette, C2017G01140, issued by Anne Ruston, Assistant Minister for Agriculture and Water Resources, addresses a specific issue within the governance of the Fisheries Research and Development Corporation (FRDC). It declares Seafood Industry Australia (ABN: 45 619 081 364) as the new representative organisation for the FRDC, thereby revoking the earlier declaration made on 12 September 2011, which recognised the National Seafood Industry Association as the representative organisation. This legislative action aims to ensure that the FRDC is represented by an entity that accurately reflects the current needs and composition of the seafood industry in Australia.

Scope and Application

The gazette C2017G01140 serves to declare Seafood Industry Australia as the representative organisation for the Fisheries Research and Development Corporation under the Primary Industries Research and Development Act 1989. This declaration applies specifically to Seafood Industry Australia, with the Australian Business Number 45 619 081 364, and revokes the previous declaration from 12 September 2011 that recognised the National Seafood Industry Association in the same capacity. The Act’s reach is national, applying across Australia, and its provisions govern the relationship between Seafood Industry Australia and the Fisheries Research and Development Corporation, influencing how research and development initiatives are coordinated and executed within the seafood industry. The Act does not explicitly state exclusions or thresholds, but it does specify the entities involved and their roles, with the revocation of the former representative organisation’s declaration underscoring the transition in responsibility.

Key Provisions

The operative sections of the Gazette C2017G01140 declare that Seafood Industry Australia (ABN: 45 619 081 364) is now recognised as a representative organisation in relation to the Fisheries Research and Development Corporation (Section 1(a)). This declaration also revokes the previous declaration made on 12 September 2011 that recognised the National Seafood Industry Association as a representative organisation for the same Corporation (Section 1(b)). These changes are effective as of the date of the Gazette, 14 September 2017. In recognising Seafood Industry Australia as a representative organisation, the Act imposes certain obligations on this entity. These obligations likely include the responsibility to advocate for the interests of the seafood industry in relation to research and development initiatives supported by the Fisheries Research and Development Corporation. This might involve providing input on research priorities, ensuring that industry needs are met, and facilitating communication between the Corporation and the industry. The exact nature and extent of these obligations would be further defined by the terms of the relevant agreements or arrangements between the Corporation and the recognised organisation. Failure to meet the obligations imposed by the Act could result in various consequences. While the Gazette does not explicitly state the penalties or consequences for non-compliance, under the broader Primary Industries Research and Development Act 1989, breaches of the Act could lead to civil or criminal penalties. These might include fines, legal action, or other remedies as deemed appropriate by a court or regulatory authority. The maximum penalties would depend on the specific nature of the breach and could range from fines for minor infractions to more severe penalties for significant or repeated breaches. Additionally, the revocation of the previous declaration for the National Seafood Industry Association might entail further administrative actions. This could include notifying stakeholders of the change, updating records, and possibly entering into new agreements with the newly recognised organisation, Seafood Industry Australia. The obligations and potential consequences for the National Seafood Industry Association would be governed by the terms of their previous recognition and any agreements that have now been nullified or transitioned. In summary, the Gazette C2017G01140 establishes Seafood Industry Australia as the new representative organisation for the Fisheries Research and Development Corporation, replacing the National Seafood Industry Association. This change imposes specific advocacy and communication obligations on Seafood Industry Australia, while the previous organisation’s obligations under the now-revoked declaration are terminated. Non-compliance with the new obligations could lead to civil or criminal penalties, the specifics of which would be determined under the broader legislative framework of the Primary Industries Research and Development Act 1989.