Overview

The Primary Industries and Energy Research and Development Act 1989 was enacted to address the need for coordinated research and development efforts within Australia's primary industries, including the fisheries sector, to enhance productivity and sustainability. This Act was introduced by the Australian Parliament and aims to promote investment in research and development to support the growth and efficiency of these industries. Pursuant to the Act, the Fisheries Research and Development Corporation Regulations 1991 were made to further regulate the allocation of funds for fisheries research and development. These regulations were also enacted by the Parliament and are intended to ensure that funding is distributed based on the Gross Value of Production (GVP) of the fishing industry in each state and territory. The determination of the GVP for the 2012-13 financial year, as detailed in the Gazette, is a practical application of these legislative frameworks, facilitating the equitable distribution of research and development funds based on the economic contribution of each state's or territory's fishing industry.

Scope and Application

The Primary Industries and Energy Research and Development Act 1989 governs the funding distribution to the Fisheries Research and Development Corporation, which is determined by the Gross Value of Production (GVP) of each state and territory's fishing industry. This Act applies to all states and territories in Australia, excluding the Commonwealth-managed southern bluefin tuna fishery. The determination of the GVP for each state and territory for the 2012–13 financial year, as set out in the Fisheries Research and Development Corporation Regulations 1991, is based on the average GVP over the three financial years of 2010–11, 2011–12, and 2012–13. The authority to make these determinations is delegated to the First Assistant Secretary of the Sustainable Resource Management Division of the Department of Agriculture, Fisheries and Forestry. The GVP figures for the 2012–13 financial year were estimated by the Australian Bureau of Agricultural and Resource Economics and Sciences (ABARES) and are reflected in the schedule to this determination, with specific exclusions noted for certain states and territories.

Key Provisions

The Primary Industries and Energy Research and Development Act 1989, as amended by the Fisheries Research and Development Corporation Regulations 1991, provides a framework for determining the Gross Value of Production (GVP) for each state and territory's fishing industry (subsections 30A(2) and 30A(3)). The GVP is used to calculate the amount paid to the Fisheries Research and Development Corporation from the Consolidated Revenue Fund (subsection 30A(2)). The GVP is defined as the average of the GVP for the relevant financial year and the two preceding financial years (subsection 30A(5) and Regulation 4E). The determination of the GVP is delegated to the First Assistant Secretary of the Sustainable Resource Management Division of the Department of Agriculture, Fisheries and Forestry. The determination of the GVP for each state and territory's fishing industry is based on the estimates provided by the Australian Bureau of Agricultural and Resource Economics and Sciences (ABARES) for the financial years 2010–11, 2011–12, and 2012–13. The GVP figures for 2012–13 are the averages of the figures for these three financial years. For example, New South Wales' GVP for 2012–13 is determined to be $131,838,000, which is the average of the GVP figures for 2010–11 ($126,558,000), 2011–12 ($133,964,000), and 2012–13 ($134,992,000). The Primary Industries and Energy Research and Development Act 1989 and the Fisheries Research and Development Corporation Regulations 1991 impose obligations on the parties and entities they govern. The First Assistant Secretary of the Sustainable Resource Management Division of the Department of Agriculture, Fisheries and Forestry is responsible for determining the GVP for each state and territory's fishing industry. The determination is based on the estimates provided by ABARES. The GVP figures are used to calculate the amount paid to the Fisheries Research and Development Corporation from the Consolidated Revenue Fund. The Primary Industries and Energy Research and Development Act 1989 and the Fisheries Research and Development Corporation Regulations 1991 do not impose any offences, penalties, or civil/criminal consequences for breach. However, the determination of the GVP is subject to scrutiny and review by relevant authorities. Any errors or discrepancies in the determination of the GVP may be subject to correction or adjustment.