Overview

The Primary Industries Research and Development Act 1989 was enacted to facilitate investment in research and development for Australia’s primary industries, with a focus on enhancing productivity, sustainability, and economic viability. The Act established the Fisheries Research and Development Corporation to fund research initiatives, with payments to the Corporation determined by the Gross Value of Production (GVP) of the Commonwealth fishing industry. This legislative framework addresses the need for targeted funding mechanisms to support industry-specific research and development activities. The determination of the Commonwealth GVP for the financial year 2014–15 was enacted by the Australian Government through the authority vested in the First Assistant Secretary of the Sustainability and Biosecurity Policy Division, in line with the policy objective to provide a stable and predictable funding basis for fisheries research and development activities.

Scope and Application

The Primary Industries Research and Development Act 1989 applies to the determination of the Gross Value of Production (GVP) for the Commonwealth managed fisheries sector, specifically those fisheries that are managed by, on behalf of, or pay levies directly to the Commonwealth. The application of this Act is national in scope, as it involves the Commonwealth government's funding allocation to the Fisheries Research and Development Corporation. The determination of the GVP is integral to calculating the funds to be paid from the Consolidated Revenue Fund to the Corporation. The calculation is based on the average GVP of the relevant and two preceding financial years, as stipulated in the Act and further detailed in the Fisheries Research and Development Corporation Regulations 1991. The determination of the GVP is conducted by an authorised officer of the Department of Agriculture, specifically the First Assistant Secretary of the Sustainability and Biosecurity Policy Division. This determination process is supported by estimates provided by the Australian Bureau of Agricultural and Resource Economics and Sciences (ABARES), which are then rounded to the nearest thousand dollars. Any exclusions or exemptions are not specified in the text, and the Act extends its application through subordinate instruments such as the Fisheries Research and Development Corporation Regulations 1991.

Key Provisions

The determination of the Commonwealth Gross Value of Production (GVP) for 2014–15 under the Primary Industries Research and Development Act 1989 (s 30A(2)) and the Fisheries Research and Development Corporation Regulations 1991 (reg 4D) sets out the GVP for goods that are the produce of the part of the fishing industry managed by, on behalf of, or paying levies directly to the Commonwealth. This amount, determined to be $397,155,000, is based on the average of the GVP for the relevant financial year and the two preceding years, as per the legislative requirements. The Australian Bureau of Agricultural and Resource Economics and Sciences (ABARES) provides the estimates which are rounded to the nearest thousand dollars for the financial years 2012–13, 2013–14, and 2014–15. The Act and Regulations impose specific obligations on the responsible parties. The First Assistant Secretary of the Sustainability and Biosecurity Policy Division is authorised to determine the Commonwealth GVP, as per the delegation approved by the Minister for Agriculture. This authority is exercised by calculating the average of the GVP estimates provided by ABARES for the relevant and preceding years. The authority to make this determination is a formal responsibility under the legislative framework, ensuring that funding for the Fisheries Research and Development Corporation is appropriately based on the industry's production value. Failure to comply with the requirements set out in the Act and Regulations may result in legal consequences. While specific offences are not detailed in the provided text, the determination process is integral to the allocation of funds from the Consolidated Revenue Fund. Any inaccuracies or non-compliance in the calculation or reporting of the GVP could potentially impact the financial allocations for research and development in the fisheries sector, and may invite scrutiny or corrective action from relevant authorities. The implications of these provisions are significant for the fisheries industry, as the determined GVP directly influences the funding provided to the Fisheries Research and Development Corporation. This funding is crucial for supporting research and development initiatives that aim to enhance the sustainability and productivity of the Commonwealth's fisheries sector. Ensuring the accuracy and compliance with these legislative requirements is therefore essential for the continued support and development of this vital industry.