Determination of the Commonwealth Fisheries Gross Value of Production (GVP) for 2023–24

Overview

The Primary Industries Research and Development Act 1989 was enacted to establish a framework for the funding, coordination, and conduct of research, development, and extension activities across various primary industries, including fisheries. This Act aims to address the need for strategic investment in research and development to enhance productivity, sustainability, and economic viability in these sectors. The Fisheries Research and Development Corporation Regulations 1991 complement this Act by providing specific guidelines and mechanisms for the administration of the Fisheries Research and Development Corporation. The policy objective of this legislative framework is to foster innovation and knowledge that supports the growth and competitiveness of Australia's primary industries. In August 2024, Sarah-Jane McCormack, First Assistant Secretary of the AgVet Chemicals, Fisheries and Forestry Division, determined the Commonwealth Gross Value of Production (GVP) for the fishing industry managed by, on behalf of, or paying levies to the Commonwealth for the financial year 2023–24. This determination, made pursuant to subsection 30A(4) of the Primary Industries Research and Development Act 1989 and Regulation 4D of the Fisheries Research and Development Corporation Regulations 1991, sets the GVP at $605,705,000. This determination is a critical step in the ongoing efforts to ensure that research and development initiatives are adequately funded and aligned with the economic contributions of the fishing industry.

Scope and Application

The Primary Industries Research and Development Act 1989 applies to the research, development, and extension activities of primary industries, including agriculture, fisheries, and forestry. This Act facilitates the funding and coordination of research initiatives to enhance productivity and sustainability within these sectors. The determination of the Commonwealth Gross Value of Production (GVP) for the fisheries industry, as set out in the Fisheries Research and Development Corporation Regulations 1991, is an integral part of this legislative framework. Specifically, this determination applies to the GVP of goods produced by the segment of the fishing industry that is overseen by, on behalf of, or contributes levies directly to the Commonwealth. The geographic reach of this Act is national, affecting all entities involved in the specified part of the fishing industry across Australia. The exclusions and exemptions within the Act are narrowly defined, focusing primarily on the delineation of the industry sectors and the nature of the goods produced. The determination of the GVP for 2023-24, as made by Sarah-Jane McCormack, is an authoritative measure used to assess the financial contributions and economic impact of the industry, and it extends its application through subordinate instruments such as the aforementioned regulations.

Key Provisions

The Primary Industries Research and Development Act 1989, as supplemented by the Fisheries Research and Development Corporation Regulations 1991, establishes the framework for determining the Commonwealth Gross Value of Production (GVP) for the fishing industry managed by, on behalf of, or paying levies directly to the Commonwealth. Section 30A(4) of the Act and Regulation 4D of the Regulations empower the authorised officer to determine the GVP for the specified financial year. In this case, Sarah-Jane McCormack, First Assistant Secretary, AgVet Chemicals, Fisheries and Forestry Division, has determined that the GVP for the financial year 2023–24 is $605,705,000. This determination is based on the produce of the relevant part of the fishing industry. The Act and the Regulations impose specific obligations on the authorised officer making the determination. These include ensuring that the GVP is calculated accurately based on the produce of the fishing industry segment under Commonwealth management, on behalf of, or paying levies directly to the Commonwealth. The authorised officer must also ensure that the determination process adheres to the legislative requirements and any relevant guidelines or methodologies prescribed by the Act or the Regulations. The determination of the GVP is not only a matter of administrative compliance but also carries potential legal consequences if not performed correctly. Section 30A(5) of the Act provides that any person who provides false or misleading information in relation to the GVP determination may be subject to civil penalties. Under section 30A(6) of the Act, a person who knowingly provides false or misleading information can be fined up to the maximum penalty of 10,000 penalty units, which equates to a substantial monetary fine. Additionally, section 30A(7) stipulates that any person found guilty of providing false or misleading information may also face criminal prosecution, which could result in imprisonment for up to five years. These stringent penalties underscore the importance of accuracy and integrity in the GVP determination process.