Overview

The Primary Industries Research and Development Act 1989 was enacted by the Commonwealth Parliament to address the need for effective research and development in the primary industries sector, including fisheries. The Act established the Fisheries Research and Development Corporation (FRDC) to fund and oversee research and development activities that enhance the productivity, sustainability, and competitiveness of the fishing industry. Under this Act, the funding allocated to the FRDC is directly tied to the Gross Value of Production (GVP) of the Commonwealth fishing industry. To ensure this funding is appropriately determined, the Fisheries Research and Development Corporation Regulations 1991 were also enacted. These regulations mandate that the Commonwealth GVP for any given year is to be calculated as an average of the GVP for that year and the two preceding years. This determination process was delegated to the First Assistant Secretary of the Sustainability and Biosecurity Policy Division of the Department of Agriculture, ensuring that the calculation is both accurate and timely.

Scope and Application

The Primary Industries Research and Development Act 1989, as amended by the Fisheries Research and Development Corporation Regulations 1991, applies to the fisheries sector within Australia, specifically to those parts of the fishing industry managed by, on behalf of, or paying levies directly to the Commonwealth. This determination is focused on the financial year 2013–14 and the calculation of the Commonwealth Gross Value of Production (GVP) for that period, which is essential for funding allocations to the Fisheries Research and Development Corporation. The Act, at its core, is a Commonwealth legislation impacting the fisheries industry by setting financial parameters that influence funding for research and development within this sector. The determination of the GVP is a crucial mechanism for ensuring that the funds allocated to the Fisheries Research and Development Corporation are proportionate to the economic activity of the Commonwealth managed fisheries. This determination is made by an authorised officer within the Department of Agriculture, ensuring that the process is both transparent and governed by the statutory requirements of the Act.

Key Provisions

The Primary Industries Research and Development Act 1989, particularly subsections 30A(2) and (3), mandates that funding to the Fisheries Research and Development Corporation is contingent upon the Gross Value of Production (GVP) of the Commonwealth fishing industry. Section 30A(5) of the Act, along with Regulation 4D of the Fisheries Research and Development Corporation Regulations 1991, stipulates that the Commonwealth GVP for any given year is to be an average of the GVP from the relevant year and the two preceding years. This determination is made by an authorised officer, as per the delegation approved by the Minister for Agriculture on 22 July 2014, ensuring that the First Assistant Secretary of the Sustainability and Biosecurity Policy Division of the Department of Agriculture is the one who sets this figure. For the financial year 2013–14, the Commonwealth GVP has been determined to be $385,892,000, calculated as the average of the GVP for the years 2011–12, 2012–13, and 2013–14, as estimated by the Australian Bureau of Agricultural and Resource Economics and Sciences (ABARES). The obligations under this legislation require the Department of Agriculture to work with ABARES to estimate the GVP for each financial year, ensuring that these estimates are accurate and reflective of the fishing industry's production. The First Assistant Secretary, upon receiving these estimates, must then calculate the average GVP for the relevant years and issue a determination as mandated by the Act. This process ensures that funding to the Fisheries Research and Development Corporation is appropriately aligned with the economic output of the Commonwealth managed fisheries. Furthermore, the Act requires transparency in this process, with all determinations and calculations being documented and justified to ensure accountability and compliance with legislative requirements. In the event of non-compliance with the requirements set forth in the Primary Industries Research and Development Act 1989 or the Fisheries Research and Development Corporation Regulations 1991, there may be civil or criminal consequences. While the specific penalties are not detailed in the provided text, breaches of statutory provisions can generally result in fines, legal action, or other penalties as determined by a court. The exact nature and severity of these penalties would depend on the specific breach and the jurisdiction under which it is prosecuted. For instance, inaccuracies in the determination of the Commonwealth GVP could potentially lead to misallocation of funds or improper distribution of resources within the fisheries sector, resulting in significant repercussions for both the government and the industry stakeholders. Given the critical role that the GVP plays in funding allocations for research and development in the fisheries sector, adherence to the statutory requirements is paramount. The determination process, while seemingly straightforward, involves meticulous calculations and careful oversight to ensure that the funding mechanisms are both fair and effective. Any deviation from the prescribed process or inaccuracies in the reported figures could lead to legal challenges, financial penalties, and reputational damage for the involved parties. Therefore, the Act and its regulations impose a duty of care and precision on the officers tasked with these responsibilities, underscoring the importance of meticulous compliance.