Overview

The Primary Industries and Energy Research and Development Act 1989 was enacted by the Parliament of Australia to support the development of research and development in primary industries and energy. This Act was designed to address the need for sustained investment in research and development to enhance productivity, competitiveness, and sustainability within these sectors. The policy objective is to foster innovation and economic growth in key industries by providing a framework for effective research and development initiatives. The Fisheries Research and Development Corporation Regulations 1991 complement this Act by providing specific guidelines for the management and funding of fisheries research. The determination of the Commonwealth fisheries Gross Value of Production (GVP) for the financial year 2012–13, as outlined in the gazette, is a practical application of these legislative instruments, ensuring that funding allocations to the Fisheries Research and Development Corporation are based on accurate and reliable data.

Scope and Application

The Primary Industries and Energy Research and Development Act 1989 governs the funding of research and development activities within Australia's primary industries, including fisheries, through the Fisheries Research and Development Corporation. This Act applies to the fishing industry managed by, on behalf of, or that pays levies directly to the Commonwealth, thereby encompassing entities and individuals involved in such activities. The geographic reach of this legislation is national, as it pertains to the Commonwealth's jurisdiction over fisheries. The Fisheries Research and Development Corporation Regulations 1991 further define the application of the Act by providing specific details on the calculation of the Gross Value of Production (GVP), which determines the funding allocation for fisheries research and development. The determination of the Commonwealth GVP for the financial year 2012–13, set at $370,683,000, was made under the authority of the Act and Regulations, taking into account the average GVP from the three preceding financial years. This process ensures that funding is based on accurate and reliable economic data, as estimated by the Australian Bureau of Agricultural and Resource Economics and Sciences (ABARES).

Key Provisions

The Primary Industries and Energy Research and Development Act 1989, along with the Fisheries Research and Development Corporation Regulations 1991, provides a framework for determining the Gross Value of Production (GVP) of the Commonwealth fishing industry. Under this legislation, specifically subsection 30A(2) and (3) of the Act, the amount paid to the Fisheries Research and Development Corporation from the Consolidated Revenue Fund is tied to the GVP of the Commonwealth fishing industry. Furthermore, subsection 30A(5) of the Act and regulation 4D of the Regulations mandate that the Commonwealth GVP for a given financial year be calculated as an average of the GVP for that year and the two preceding years. This calculation is crucial as it directly influences the financial support provided to the Fisheries Research and Development Corporation. The Act imposes specific obligations on the responsible parties, including the determination of the Commonwealth GVP. The authority to determine this figure has been delegated to the First Assistant Secretary of the Sustainable Resource Management Division of the Department of Agriculture, Fisheries and Forestry. This delegation ensures that the determination is made by an authorised officer, in this instance, Ian Thompson. The calculation of the GVP must be based on the data provided by the Australian Bureau of Agricultural and Resource Economics and Sciences (ABARES), which estimates the GVP to the nearest thousand dollars. For the financial year 2012–13, ABARES estimated the GVP of the Commonwealth managed fisheries to be $377,739,000 for 2010–11, $366,955,000 for 2011–12, and $367,356,000 for 2012–13. These figures are then averaged to determine the Commonwealth GVP for 2012–13, which has been rounded to $370,683,000. In terms of compliance and enforcement, the legislation does not explicitly detail specific offences or penalties for breaches related to the determination of the Commonwealth GVP. However, the importance of accurate and timely determinations cannot be understated as these figures are integral to the funding mechanisms outlined in the Act. Inaccurate or delayed determinations could potentially impact the financial support available to the Fisheries Research and Development Corporation, thereby affecting research and development initiatives within the fishing industry. Although the Act does not specify penalties for non-compliance, any failure to adhere to the outlined procedures could lead to scrutiny and possible administrative consequences under the broader legislative framework. The determination process itself is straightforward but must be meticulously followed to ensure compliance with the statutory requirements. Ian Thompson, as the authorised officer, has determined the Commonwealth GVP for 2012–13 to be $370,683,000 based on the ABARES estimates and the averaging method stipulated in the regulations. This determination is a critical component of the funding mechanism for the Fisheries Research and Development Corporation, ensuring that financial support is appropriately allocated based on the industry's production value.