Overview

The Primary Industries Research and Development Act 1989 was enacted to facilitate research, development, and extension activities in the primary industries sector, with a focus on enhancing productivity and sustainability. This Act was designed to address the need for a structured approach to funding and supporting research initiatives within Australia's primary industries, which are crucial to the national economy. The policy objective of the Act is to encourage investment in research that leads to long-term benefits for the industry and the broader community. Pursuant to this Act, the Fisheries Research and Development Corporation Regulations 1991 were established to govern the operations and funding mechanisms of the Fisheries Research and Development Corporation, ensuring that research efforts are directed towards addressing key challenges faced by the fisheries sector. The determination of the Commonwealth Gross Value of Production (GVP) for the financial year 2020–21, as detailed in the gazette, is a critical component of these legislative frameworks, ensuring that funding allocations to the Fisheries Research and Development Corporation accurately reflect the economic contribution of the Commonwealth fishing industry.

Scope and Application

The Primary Industries Research and Development Act 1989 applies to the management and funding of research and development within primary industries in Australia, with a specific focus on the fisheries sector as outlined in the Fisheries Research and Development Corporation Regulations 1991. This legislation mandates that payments to the Fisheries Research and Development Corporation are to be based on the Gross Value of Production (GVP) of the Commonwealth fishing industry, which is determined by an authorised officer. The Commonwealth GVP for the fishing industry is calculated as an average of the GVP from the relevant year and the two preceding years. For the 2020–21 financial year, the First Assistant Secretary of the AgVet Chemicals, Fisheries, Forestry and Engagement Division, Department of Agriculture, Water and the Environment, determined the Commonwealth GVP to be $564,471,000, following the estimates provided by the Australian Bureau of Agricultural and Resource Economics and Sciences (ABARES). This determination is made pursuant to the authority granted under the Primary Industries Research and Development Act 1989 and the Fisheries Research and Development Corporation Regulations 1991, which outline the procedures for calculating and setting the GVP.

Key Provisions

The determination of the Commonwealth Gross Value of Production (GVP) for 2020–21 under the Primary Industries Research and Development Act 1989 (section 30A) and the Fisheries Research and Development Corporation Regulations 1991 (Regulation 4D) sets the GVP for the Commonwealth fishing industry managed by, on behalf of, or paying levies directly to the Commonwealth. According to the determination by Emma Campbell, First Assistant Secretary, AgVet Chemicals, Fisheries, Forestry and Engagement Division, the GVP for the financial year 2020–21 is $564,471,000. This determination is an average of the GVP for the relevant year and the two preceding financial years, as mandated by the legislation and regulations. The determination imposes specific obligations on the parties involved. Firstly, the Australian Bureau of Agricultural and Resource Economics and Sciences (ABARES) is responsible for estimating the GVP of the Commonwealth managed fisheries for the financial years in question, with the estimates provided to the nearest thousand dollars. Secondly, the First Assistant Secretary of the AgVet Chemicals, Fisheries, Forestry and Engagement Division of the Department of Agriculture, Water and the Environment is tasked with making the final determination of the Commonwealth GVP based on the ABARES estimates. This process ensures that the funding allocation to the Fisheries Research and Development Corporation is based on an accurate and reliable GVP calculation. There are no explicit offences, penalties, or civil/criminal consequences mentioned in the determination for failing to comply with the requirements of the Act or the Regulations. However, the accuracy and reliability of the GVP determination are crucial as the payments to the Fisheries Research and Development Corporation are based on this figure. Any inaccuracies or deliberate misreporting could potentially lead to improper allocation of funds, which might have broader implications in terms of research and development funding for the fishing industry. While the determination itself does not specify penalties, any broader implications of inaccurate GVP reporting could potentially lead to scrutiny and corrective measures under the relevant sections of the Primary Industries Research and Development Act 1989 and the Fisheries Research and Development Corporation Regulations 1991.