Overview

The Primary Industries Research and Development Act 1989 was enacted to facilitate and support research, development, and extension activities in the primary industries sector in Australia. The Act provides a framework for the establishment of research and development corporations, including the Fisheries Research and Development Corporation, to ensure that the industry benefits from effective research and development. One of the key objectives of this Act is to support sustainable growth and productivity in the primary industries by funding research initiatives that address industry-specific challenges and opportunities. The Fisheries Research and Development Corporation Regulations 1991 complement the Act by providing specific rules for the operation and funding of the Corporation. These regulations ensure that funding allocations are based on the Gross Value of Production (GVP) of the Commonwealth fishing industry, thereby reflecting the economic contribution of the sector and its potential for growth and innovation. In accordance with 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 Minister for Agriculture, Bridget McKenzie, has determined the Commonwealth Gross Value of Production (GVP) for the financial year 2018-19 to be $472,694,000. This determination is based on an average of the GVP for the relevant financial year and the two preceding financial years, as estimated by the Australian Bureau of Agricultural and Resource Economics and Sciences (ABARES). The GVP represents the economic output of the fishing industry managed by, on behalf of, or paying levies directly to the Commonwealth. The determination ensures that funding allocations to the Fisheries Research and Development Corporation accurately reflect the economic contribution and potential of the Commonwealth fishing industry.

Scope and Application

The Primary Industries Research and Development Act 1989, along with the Fisheries Research and Development Corporation Regulations 1991, pertains to the management and development of Australia's primary industries, with a specific focus on the fishing industry. The Act applies to entities involved in the fishing industry that are managed by, on behalf of, or that pay levies directly to the Commonwealth. This legislation covers the determination of the Commonwealth Gross Value of Production (GVP) for the fishing industry, which is essential for calculating the funding allocated to the Fisheries Research and Development Corporation from the Consolidated Revenue Fund. The determination of the GVP for the 2018–19 financial year was made pursuant to the relevant subsections of the Act and the Regulations, with the amount set at $472,694,000, based on an average of the GVP for the 2016–17, 2017–18, and 2018–19 financial years as estimated by the Australian Bureau of Agricultural and Resource Economics and Sciences (ABARES). The Act extends its reach across the Commonwealth and is implemented through subordinate instruments such as the Fisheries Research and Development Corporation Regulations, which provide further details on the calculation and application of the GVP.

Key Provisions

The Primary Industries Research and Development Act 1989, as amended, outlines the determination of the Commonwealth Gross Value of Production (GVP) for the fishing industry. According to subsection 30A(2) and (3) of this Act, the payments to the Fisheries Research and Development Corporation from the Consolidated Revenue Fund are determined by the GVP of the Commonwealth fishing industry. Subsection 30A(5) of the Act and Regulation 4D of the Fisheries Research and Development Corporation Regulations 1991 provide that the Commonwealth GVP for any given year is calculated as an average of the GVP for that year and the two preceding financial years. This ensures a more stable and consistent funding model based on historical data. The determination for the 2018–19 financial year is based on the GVP estimates for 2016–17, 2017–18, and 2018–19 provided by the Australian Bureau of Agricultural and Resource Economics and Sciences (ABARES). The Act imposes several obligations on relevant parties and entities. The Minister for Agriculture is tasked with determining the Commonwealth GVP for each financial year, using the methodology prescribed by the Act and the Regulations. This involves calculating the average GVP based on the most recent three financial years, using data provided by ABARES. The Fisheries Research and Development Corporation must then use this determined GVP to calculate the amount to be paid from the Consolidated Revenue Fund, ensuring that funding is aligned with the economic output of the Commonwealth fishing industry. Additionally, ABARES is required to provide accurate and timely estimates of the GVP for the relevant financial years to support these calculations. Failure to comply with the provisions of the Act and the Regulations may result in legal consequences. While the specific offences and penalties are not detailed in the text, the general framework of Australian legislation typically includes both civil and criminal penalties for non-compliance. Civil penalties might include fines, while criminal penalties could involve imprisonment, depending on the severity and intent behind the breach. The exact penalties would be determined by a court based on the specific circumstances of the breach and any relevant case law or statutory provisions. It is essential for all parties involved to adhere to the prescribed methodologies and timelines to avoid potential legal repercussions.