Overview

The Primary Industries Research and Development Act 1989 was enacted to establish the framework for research and development in Australia’s primary industries, including fisheries. This legislation aimed to address the need for a structured approach to funding and coordinating research and development activities in the sector. The policy objective of the Act is to support the sustainable development of primary industries by improving productivity, profitability, and environmental sustainability through research, development, and extension activities. Pursuant to the Act, the Fisheries Research and Development Corporation Regulations 1991 were also established to further detail the operational aspects of funding and research activities within the fishing industry. This legislation provides a mechanism for determining the Gross Value of Production (GVP) for each state and territory's fishing industry, which is crucial for allocating funding to the Fisheries Research and Development Corporation. The determination of the GVP for the financial year 2014–15, as detailed in the 2015 Gazette, is based on the average GVP from the three preceding financial years, as calculated by the Australian Bureau of Agricultural and Resource Economics and Sciences (ABARES). This determination ensures that funding allocations reflect the most accurate and current economic data available for the fishing industry.

Scope and Application

The Primary Industries Research and Development Act 1989 applies to the funding of research and development activities within the primary industries sector in Australia, with a focus on fisheries as detailed in the Fisheries Research and Development Corporation Regulations 1991. This legislation mandates that payments to the Fisheries Research and Development Corporation from the Consolidated Revenue Fund are determined based on the Gross Value of Production (GVP) of the fishing industry for each state and territory. The determination of the GVP for each financial year is based on the average of the GVP for the relevant year and the two preceding financial years. This application extends to all states and territories within Australia, with the authority to determine the GVP figures delegated to the First Assistant Secretary of the Sustainability and Biosecurity Policy Division of the Department of Agriculture. The exclusions or exemptions from this application are minimal, with the primary exception being the exclusion of input from the Commonwealth-managed southern bluefin tuna fishery in the case of South Australia. The scope of the Act is further clarified through the issuance of subordinate instruments, which ensure the consistent application of the GVP calculation across different jurisdictions and years.

Key Provisions

The Primary Industries Research and Development Act 1989, as supplemented by the Fisheries Research and Development Corporation Regulations 1991, provides a framework for the determination of the Gross Value of Production (GVP) of fisheries in each state and territory. Pursuant to subsection 30A(2) of the Act and Regulation 4E of the Regulations, the First Assistant Secretary of the Sustainability and Biosecurity Policy Division, Ian Thompson, has determined the GVP for the financial year 2014–15 for the fishing industries of the various states and territories. These figures are based on the averages of the GVP estimates for the years 2012–13, 2013–14, and 2014–15 as provided by the Australian Bureau of Agricultural and Resource Economics and Sciences (ABARES). The determination of these figures is essential as they form the basis for the amount paid to the Fisheries Research and Development Corporation from the Consolidated Revenue Fund. The obligations under this determination primarily rest with the First Assistant Secretary, Ian Thompson, who is authorised by the Minister for Agriculture to make these determinations. The Australian Bureau of Agricultural and Resource Economics and Sciences (ABARES) is responsible for providing the GVP estimates for the fishing industries of the various states and territories. These estimates are instrumental in the calculation of the GVP figures for each state or territory. The Fisheries Research and Development Corporation is then required to use these GVP figures to determine the amount paid to it from the Consolidated Revenue Fund. There are no specific offences, penalties, or civil/criminal consequences mentioned in the determination for non-compliance with the Act or Regulations. However, the accuracy and reliability of the GVP figures are critical as they directly impact the funding allocation to the Fisheries Research and Development Corporation. Any inaccuracies or discrepancies in these figures could potentially affect the financial support provided to the Corporation, which in turn could impact the research and development activities in the fisheries sector. It is therefore imperative that the determination process is conducted with due diligence and accuracy to ensure the integrity and effectiveness of the funding mechanism.