Overview

The Primary Industries Research and Development Act 1989 was enacted to address the need for coordinated research and development funding in Australia's primary industries, including fisheries. This Act facilitates the allocation of funds from the Consolidated Revenue Fund to the Fisheries Research and Development Corporation based on the Gross Value of Production (GVP) of the fishing industry in each state and territory. The policy objective is to ensure that research and development funding is proportionate to the economic contribution of the fisheries sector. Pursuant to this Act, the Fisheries Research and Development Corporation Regulations 1991 further outline the mechanisms for determining the GVP of fisheries. The 2020–21 determination of the state and territory fisheries GVP was made by the First Assistant Secretary of the AgVet Chemicals, Fisheries, Forestry and Engagement Division of the Department of Agriculture, Water and the Environment, following the estimates provided by the Australian Bureau of Agricultural and Resource Economics and Sciences (ABARES). The GVP figures were calculated as the average of the values for the relevant financial year and the two preceding years, providing a balanced view of the economic contribution of the fisheries sector.

Scope and Application

The Primary Industries Research and Development Act 1989, as amended and supplemented by the Fisheries Research and Development Corporation Regulations 1991, governs the funding and management of research, development, and extension activities in the Australian primary industries sector, with a specific focus on fisheries. The Act applies to entities involved in primary industries, particularly those engaged in fishing, and mandates that funding allocations to the Fisheries Research and Development Corporation be based on the Gross Value of Production (GVP) of each state or territory's fishing industry. This Act operates at a Commonwealth level, affecting all states and territories within Australia. The GVP determination process excludes specific sectors such as the Commonwealth-managed southern bluefin tuna fishery in the case of South Australia and the farmed prawn sectors in New South Wales and Queensland, which are instead included in the Commonwealth Fisheries GVP. The Act's application may be further extended or restricted through subordinate instruments, ensuring its provisions are tailored to the evolving needs of the fisheries industry.

Key Provisions

The determination of the Gross Value of Production (GVP) for state and territory fisheries for the financial year 2020-21 is the primary focus of the document (subsection 30A(4) of the Primary Industries Research and Development Act 1989). The First Assistant Secretary of the AgVet Chemicals, Fisheries, Forestry and Engagement Division, authorised by an instrument of delegation, has determined the GVP for each state and territory based on the average of the GVP from the relevant year and the two preceding years (subsection 30A(5) of the Primary Industries Research and Development Act 1989; Regulation 4E of the Fisheries Research and Development Corporation Regulations 1991). The GVP figures are provided in the Schedule, with certain exclusions noted, such as the Commonwealth-managed southern bluefin tuna fishery in South Australia and the farmed prawn sectors in New South Wales and Queensland. The Act and the Regulations impose certain obligations on the parties involved. The Fisheries Research and Development Corporation is funded based on the GVP of the state and territory fishing industries, as stipulated in the Act (subsection 30A(2) and (3)). The Australian Bureau of Agricultural and Resource Economics and Sciences (ABARES) is responsible for estimating the GVP for each state and territory, which the First Assistant Secretary then uses to make the determination. The determination process requires the averaging of GVP figures from the relevant year and the two preceding years to ensure a balanced and consistent approach. Breaches of the provisions of the Act or the Regulations could lead to various civil or criminal consequences, although specific penalties are not mentioned in the document. The determination process itself does not explicitly outline penalties for non-compliance. However, the accuracy and integrity of the GVP figures are crucial, as they directly impact the funding allocation to the Fisheries Research and Development Corporation. Ensuring the correct application of the averaging methodology and the inclusion or exclusion of certain sectors as per the regulations is essential to maintain the fairness and effectiveness of the funding process.