Overview

The Primary Industries Research and Development Act 1989 was enacted to facilitate research, development, and extension activities in Australia's primary industries, including the fisheries sector. This legislation aims to enhance the competitiveness, efficiency, and sustainability of the primary industries by promoting the development and dissemination of new knowledge, technology, and practices. The Act is overseen by the Parliament of Australia and its policy objective is to support the growth and innovation within Australia's primary industries through targeted research and development funding. The Fisheries Research and Development Corporation Regulations 1991 further specify the mechanisms through which funding is allocated based on the Gross Value of Production (GVP) of each state or territory’s fishing industry. The determination of the state or territory fisheries GVP for the 2019–20 financial year, as detailed in the Gazette, ensures that funding is equitably distributed based on the economic output of the fishing sectors managed by each state or territory, excluding specific sectors as noted in the Schedule.

Scope and Application

The Primary Industries Research and Development Act 1989, as amended and supplemented by the Fisheries Research and Development Corporation Regulations 1991, applies to the determination of the Gross Value of Production (GVP) for state and territory fishing industries in Australia. This legislation is instrumental in determining the allocation of funds to the Fisheries Research and Development Corporation from the Consolidated Revenue Fund, based on the GVP of each state and territory's fishing industry. The Act, being Commonwealth legislation, has jurisdiction across the entire nation and applies to the fishing industries of each state and territory. The First Assistant Secretary of the AgVet Chemicals, Fisheries, Forestry and Engagement Division, authorised by delegation from the Minister for Agriculture, is responsible for determining these figures. Notably, the determination of GVP for 2019–20 excludes specific sectors such as the Commonwealth-managed southern bluefin tuna fishery in South Australia and the farmed prawn sectors in New South Wales and Queensland. These exclusions are clearly stated within the explanatory statement of the determination.

Key Provisions

The Primary Industries Research and Development Act 1989 (the "Act") provides a framework for the funding of research and development activities in Australia's primary industries, including fisheries. Under subsection 30A(2) and (3) of the Act, the funding paid to the Fisheries Research and Development Corporation (FRDC) is determined based on the Gross Value of Production (GVP) of each state and territory's fishing industry. The GVP figures for 2019–20, as determined under this legislation, have been set by Melissa Brown, the First Assistant Secretary, AgVet Chemicals, Fisheries, Forestry and Engagement Division, pursuant to subsection 30A(4) of the Act and Regulation 4E of the Fisheries Research and Development Corporation Regulations 1991. The GVP figures for the financial year 2019–20 are the average of the GVP for the relevant year and the two preceding financial years. The obligations imposed by this determination include the calculation and publication of the GVP figures for each state and territory's fishing industry, as well as ensuring that these figures are based on the most recent and accurate data available. The GVP figures for the financial year 2019–20 have been determined based on estimates provided by the Australian Bureau of Agricultural and Resource Economics and Sciences (ABARES). The determination also includes specific exclusions for certain fisheries, such as the Commonwealth-managed southern bluefin tuna fishery and the farmed prawn sector in New South Wales and Queensland, which are not included in the GVP figures for the respective states and territories. The determination of the GVP figures is critical for the allocation of funding to the FRDC, which in turn supports research and development activities in Australia's fishing industry. Any inaccuracies or discrepancies in the GVP figures could potentially impact the funding available for these activities. It is therefore important that the GVP figures are calculated and published accurately and in accordance with the provisions of the Act and the Regulations. Failure to comply with these requirements could result in legal or financial consequences for the relevant parties or entities.