Overview

The Primary Industries Research and Development Act 1989 was enacted to address the need for targeted research and development funding within Australia's primary industries, including fisheries. This Act established the Fisheries Research and Development Corporation (FRDC) to manage funds allocated for research and development projects. The policy objective was to improve the efficiency, sustainability, and competitiveness of these industries through targeted investment in research. Pursuant to the Act, the Fisheries Research and Development Corporation Regulations 1991 were also enacted to provide further detail on the administration and funding mechanisms. The Gross Value of Production (GVP) for state and territory fishing industries is a key metric used to determine funding allocations under this Act, as specified in the 1991 Regulations. The determination of the state and territory GVP figures for the 2015-16 financial year, as authorised under the Act and Regulations, was delegated to the First Assistant Secretary of the Sustainable Agriculture, Fisheries and Forestry Division. The Australian Bureau of Agricultural and Resource Economics and Sciences (ABARES) provided estimates for the GVP of each state and territory's fishing industry for the financial years 2013-14, 2014-15, and 2015-16. These estimates were then used to calculate the average GVP for each jurisdiction, resulting in the figures for the 2015-16 financial year as detailed in the Schedule to the determination.

Scope and Application

The Primary Industries Research and Development Act 1989 applies to the allocation of funds to the Fisheries Research and Development Corporation, based on the Gross Value of Production (GVP) of the fishing industry in each state and territory. This Act establishes the framework for determining the state or territory GVP, which is used to calculate the amount paid to the Corporation from the Consolidated Revenue Fund. The GVP is determined by averaging the production values over the relevant financial year and the two preceding years, as per subsection 30A(5) of the Act and Regulation 4E of the Fisheries Research and Development Corporation Regulations 1991. The authority to make these determinations is delegated to the First Assistant Secretary of the Sustainable Agriculture, Fisheries and Forestry Division of the Department of Agriculture and Water Resources. The Act covers all states and territories in Australia, with specific GVP figures provided for each jurisdiction, excluding the Commonwealth-managed southern bluefin tuna fishery for South Australia. The figures are calculated by the Australian Bureau of Agricultural and Resource Economics and Sciences (ABARES) and are based on the produce of the fishing industry managed by or on behalf of each state or territory.

Key Provisions

The Primary Industries Research and Development Act 1989, as amended and interpreted by the Fisheries Research and Development Corporation Regulations 1991, includes provisions for the determination of the Gross Value of Production (GVP) for state and territory fisheries. Under this legislation, the GVP for the fishing industry of each state or territory is determined by the First Assistant Secretary, Sustainable Agriculture, Fisheries and Forestry Division, using estimates provided by the Australian Bureau of Agricultural and Resource Economics and Sciences (ABARES). According to subsection 30A(2) and (3) of the Act, the GVP is crucial as it directly influences the funding allocated to the Fisheries Research and Development Corporation from the Consolidated Revenue Fund. The determination process outlined in the Act requires the calculation of the GVP for the relevant financial year and the two preceding years, averaging these figures to arrive at the final GVP figure for that year. This process ensures that funding allocations are based on a stable and consistent measure of the fishing industry's economic contribution. The authority to make these determinations has been delegated to the First Assistant Secretary, who is tasked with ensuring that the figures reflect the true economic output of the state and territory fishing industries. Entities governed by this Act, including state and territory governments and the Fisheries Research and Development Corporation, are required to adhere to the provisions set out in the Primary Industries Research and Development Act 1989 and the Fisheries Research and Development Corporation Regulations 1991. The First Assistant Secretary must ensure that the GVP figures are accurately calculated and based on the ABARES estimates, while the Fisheries Research and Development Corporation must use these figures to determine its funding allocations. The states and territories, in turn, must ensure that their fishing industries' production data is accurately reported to ABARES to support the estimation process. Breaches of the obligations and requirements set out in the Act could lead to civil or criminal consequences, although the specific penalties are not outlined in the Act itself. It is assumed that any non-compliance could be addressed under the broader legal framework governing administrative and financial practices in Australia. The determination of penalties would depend on the specific nature of the breach and could involve fines or other corrective measures to ensure compliance with the statutory obligations.