Overview

The Primary Industries Research and Development Act 1989 was enacted by the Commonwealth Parliament to facilitate investment in research, development, and extension activities within the primary industries sector, which includes agriculture, fisheries, and forestry. This legislation aimed to address the gap in funding and coordination of research efforts across these industries, ensuring that they remain competitive and sustainable. The policy objective of the Act is to enhance productivity, profitability, and environmental sustainability in the primary industries through targeted research and development funding. In conjunction with the Fisheries Research and Development Corporation Regulations 1991, the Act provides a structured approach to allocating funds to the Fisheries Research and Development Corporation based on the Gross Value of Production of the Commonwealth fishing industry. This determination ensures that the funding reflects the economic contribution of the fisheries sector, supporting ongoing research and innovation.

Scope and Application

The Primary Industries Research and Development Act 1989, along with the Fisheries Research and Development Corporation Regulations 1991, applies to the determination of the Commonwealth Gross Value of Production (GVP) for the fisheries industry, specifically those parts of the industry managed by, on behalf of, or paying levies directly to the Commonwealth. This legislation is applicable to the Commonwealth fishing industry and is enforced on a national level, with the authority to determine the GVP delegated to the First Assistant Secretary of the Sustainable Agriculture, Fisheries and Forestry Division within the Department of Agriculture and Water Resources. The determination of the GVP for the financial year 2015–16 is based on the average of the GVP estimates for that year and the two preceding financial years, as calculated by the Australian Bureau of Agricultural and Resource Economics and Sciences (ABARES). This determination is crucial as it underpins the funding paid to the Fisheries Research and Development Corporation from the Consolidated Revenue Fund, which is directly linked to the GVP of the Commonwealth fishing industry.

Key Provisions

Pursuant to subsection 30A(2) of the Primary Industries Research and Development Act 1989 and Regulation 4D of the Fisheries Research and Development Corporation Regulations 1991, the determination of the Commonwealth Gross Value of Production (GVP) for the financial year 2015–16 is conducted to establish the basis for the funding allocation to the Fisheries Research and Development Corporation from the Consolidated Revenue Fund. This determination process involves calculating the GVP of the Commonwealth fishing industry, which is the produce of the fishing industry managed by, on behalf of, or paying levies directly to the Commonwealth. The GVP is determined by averaging the GVP of the relevant financial year with the two preceding financial years, rounded to the nearest thousand dollars. This results in a GVP for 2015–16 of $442,057,000. The obligations under the Primary Industries Research and Development Act 1989 and the Fisheries Research and Development Corporation Regulations 1991 require the First Assistant Secretary of the Sustainable Agriculture, Fisheries and Forestry Division to make this determination. The Australian Bureau of Agricultural and Resource Economics and Sciences (ABARES) is responsible for providing the estimates of the GVP for the relevant financial years. The First Assistant Secretary must then use these estimates to calculate the Commonwealth GVP and formally determine it, as evidenced by the official determination dated 23 May 2016. This process ensures that the funding allocation to the Fisheries Research and Development Corporation is based on accurate and up-to-date data regarding the Commonwealth fishing industry's production value. While the determination process itself does not impose direct obligations on the fishing industry or other entities, it does establish a framework for the funding mechanism tied to the GVP. The industry must ensure that their production data is accurately reported to ABARES, which is essential for the integrity of the GVP estimates and subsequent funding determinations. The obligations are primarily on ABARES to provide accurate estimates and on the First Assistant Secretary to make the final determination based on these estimates. The legislation does not explicitly outline offences, penalties, or civil/criminal consequences for breach in the context of the GVP determination process. However, the accuracy and integrity of the GVP estimates are crucial, as they directly impact the funding allocation to the Fisheries Research and Development Corporation. Any inaccuracies or discrepancies in the GVP estimates could potentially lead to disputes or adjustments in funding allocations. While there are no stated maximum penalties in the legislation for breaches related to the GVP determination, any misreporting or manipulation of production data by the fishing industry could result in civil or criminal liability under other relevant laws governing data integrity and reporting obligations.