Overview

The Primary Industries Research and Development Act 1989 was enacted to provide for the establishment of a Fisheries Research and Development Corporation and to allocate funding for research and development in the primary industries sector. This legislation was introduced to address the need for coordinated research and development efforts to enhance productivity and sustainability in Australia's primary industries, particularly the fishing sector. The Act empowers the Fisheries Research and Development Corporation to receive funding from the Consolidated Revenue Fund, with the amount determined by the Gross Value of Production (GVP) of the fishing industry in each state and territory. Pursuant to this Act, the Fisheries Research and Development Corporation Regulations 1991 were also enacted to provide further detail on the administration and financial arrangements for the Corporation. The determination of the GVP for the 2013–14 financial year, as authorised by the Act and the Regulations, is based on the average GVP from the 2011–12, 2012–13, and 2013–14 financial years, calculated by the Australian Bureau of Agricultural and Resource Economics and Sciences (ABARES). The determination of the GVP for state and territory fishing industries for the 2013–14 financial year was made by Ian Thompson, the First Assistant Secretary of the Sustainability and Biosecurity Policy Division in the Department of Agriculture. This determination was based on the authority delegated by the Minister for Agriculture and aligns with the policy objective of ensuring that funding allocations to the Fisheries Research and Development Corporation accurately reflect the economic contribution of the fishing industry in each state and territory. The calculated GVP figures, which exclude input from the Commonwealth-managed southern bluefin tuna fishery in the case of South Australia, are intended to support targeted research and development initiatives aimed at improving industry practices and outcomes.

Scope and Application

The Primary Industries Research and Development Act 1989 applies to the funding of research and development in the primary industries sector, with specific provisions for the fisheries industry. Under this Act, the Fisheries Research and Development Corporation Regulations 1991 detail the mechanisms for allocating funds based on the Gross Value of Production (GVP) of each state and territory's fishing industry. The determination of GVP for 2013-14, outlined in the Gazette, pertains to the financial contributions to the Fisheries Research and Development Corporation, which are calculated as the average GVP of the current and two preceding financial years. The GVP figures for the 2013-14 financial year were determined by the First Assistant Secretary, Sustainability and Biosecurity Policy Division, using estimates provided by the Australian Bureau of Agricultural and Resource Economics and Sciences (ABARES). These figures apply to all states and territories, with the exception that South Australia's figures do not include input from the Commonwealth-managed southern bluefin tuna fishery.

Key Provisions

The Primary Industries Research and Development Act 1989 (the Act) and the Fisheries Research and Development Corporation Regulations 1991 (the Regulations) are foundational in determining the funding allocation for the Fisheries Research and Development Corporation (FRDC) based on the Gross Value of Production (GVP) of Australia's fishing industry. Specifically, subsection 30A(2) of the Act and Regulation 4E of the Regulations mandate that the funding paid to the FRDC is to be based on the GVP of each state and territory's fishing industry. This funding mechanism ensures that the financial support provided to the FRDC reflects the economic contribution of the fishing industry to each jurisdiction. The determination of the GVP for each state and territory is governed by the provisions outlined in the Act and Regulations. As per subsection 30A(3) of the Act, the GVP for a given financial year is to be the average of the GVP for that year and the two preceding years. This three-year averaging requirement ensures a stable and consistent basis for funding allocations to the FRDC. The responsibility for determining these GVP figures has been delegated to the First Assistant Secretary of the Sustainability and Biosecurity Policy Division of the Department of Agriculture, as stipulated in the delegation instrument approved on 22 July 2014. The Act and Regulations impose specific obligations on the entities they govern, primarily the FRDC and the Department of Agriculture. The FRDC is obligated to receive funding allocations based on the GVP figures determined by the Department. The Department, in turn, is responsible for calculating the GVP figures using the methodology outlined in the Act and Regulations, which includes averaging the GVP over three financial years. Additionally, the Department must ensure that the GVP figures are determined accurately and in accordance with the legislative requirements, as evidenced by the schedule attached to the determination. Failure to comply with the provisions of the Act and Regulations can result in civil or criminal consequences. Although the specific penalties are not detailed in the provided text, breaches of legislative mandates generally attract penalties as outlined in the respective legislation. In cases where the GVP figures are miscalculated or not reported accurately, it could lead to underfunding or overfunding of the FRDC, which could have broader implications for the fishing industry's research and development activities. The determination itself is a formal and authoritative process, overseen by the First Assistant Secretary, who is empowered to make these determinations on behalf of the Minister for Agriculture.