COMMONWEALTH OF AUSTRALIA
Primary Industries Research and Development Act 1989
Fisheries Research and Development Corporation Regulations 1991
DETERMINATION OF THE STATE/TERRITORY FISHERIES GROSS VALUE OF PRODUCTION (GVP) FOR 2022–23
Pursuant to subsection 30A(4) of the Primary Industries Research and Development Act 1989 and Regulation 4E of the Fisheries Research and Development Corporation Regulations 1991,
I, Emma Cully, First Assistant Secretary, AgVet Chemicals, Fisheries, Forestry and Engagement Division, being an officer authorised for this purpose by the instrument of delegation approved on 1 February 2020 by the then Minister for Agriculture, hereby determine that the state or territory Gross Value of Production (GVP) for the financial year 2022–23, being the GVP for that financial year of goods that are the produce of that part of the fishing industry that is managed by or on behalf of the particular state or territory indicated in the Schedule, is, in each respective case, the amount shown in the Schedule.
SCHEDULE
STATE / TERRITORY | GVP ($’000) |
New South Wales ** | 181,919 |
Victoria | 105,272 |
Queensland ** | 196,553 |
Western Australia | 422,132 |
South Australia * | 390,861 |
Tasmania | 1,318,770 |
Northern Territory | 112,673 |
* Does not include input from the Commonwealth-managed southern bluefin tuna fishery.
** New South Wales and Queensland GVP determination does not include the GVP determination of their respective farmed prawn sector. New South Wales and Queensland farmed prawn GVP is included in the Commonwealth Fisheries GVP.
Dated this 5th day of July 2023
Emma Cully
Emma Cully
ADDITIONAL INFORMATION
Primary Industries Research and Development Act 1989
Fisheries Research and Development Corporation Regulations 1991
DETERMINATION OF THE STATE/TERRITORY FISHERIES GROSS VALUE OF PRODUCTION (GVP) FOR 2022–23
Under subsection 30A(2) and (3) of the Primary Industries Research and Development Act 1989, the amount paid to the Fisheries Research and Development Corporation from the Consolidated Revenue Fund shall be based on the Gross Value of Production (GVP) of that state or territory’s fishing industry.
Subsection 30A(5) of the Primary Industries Research and Development Act 1989 and 4E of the Fisheries Research and Development Corporation Regulations 1991 provides for the GVP of each state and territory in a given year to be the average of the GVP for the relevant and the two preceding financial years. The authority to determine the state and territory GVP figures has been delegated to the First Assistant Secretary of the AgVet Chemicals, Fisheries, Forestry and Engagement Division of the Department of Agriculture, Fisheries and Forestry.
The Australian Bureau of Agricultural and Resource Economics and Sciences (ABARES) has estimated, to the nearest thousand dollars, the GVP of the state and territory fishing industries in the financial years 2020–21, 2021–22 and 2022–23. These estimates (made on 22 June 2023) are:
| 2020–21 ($’000) | 2021–22 ($’000) | 2022-23 ($’000) |
New South Wales
ABARES data | 176,438 | 182,130 | 187,189 |
Victoria
ABARES data | 95,878 | 101,365 | 118,573 |
Queensland
ABARES data | 199,111 | 199,360 | 191,190 |
Western Australia
ABARES data | 424,399 | 414,076 | 427,921 |
South Australia
ABARES data | 364,223 | 398,348 | 410,011 |
Tasmania
ABARES data | 1,185,700 | 1,310,974 | 1,459,635 |
Northern Territory
ABARES data | 100,274 | 122,079 | 115,665 |
On the basis of the above calculation, the state and territory GVP figures for 2022-23 are determined to be:
STATE / TERRITORY | GVP ($’000) |
New South Wales ** | 181,919 |
Victoria | 105,272 |
Queensland ** | 196,553 |
Western Australia | 422,132 |
South Australia * | 390,861 |
Tasmania | 1,318,770 |
Northern Territory | 112,673 |
* Does not include input from the Commonwealth southern bluefin tuna fishery
** New South Wales and Queensland GVP determination does not include the GVP determination of their respective farmed prawn sector. New South Wales and Queensland farmed prawn GVP is included in the Commonwealth Fisheries GVP.
Overview
The Primary Industries Research and Development Act 1989 was enacted to address the need for coordinated and strategic investment in research and development within Australia's primary industries. The Act aims to ensure that funding for research and development is effectively allocated to support the growth and sustainability of sectors such as agriculture, fisheries, and forestry. The policy objective of the Act is to foster innovation and productivity improvements across these industries, thereby enhancing their competitiveness and economic contribution. The Act empowers the Fisheries Research and Development Corporation to distribute funds based on the Gross Value of Production (GVP) of each state's or territory's fishing industry, as mandated under sections 30A(2) to (5) and Regulation 4E of the Fisheries Research and Development Corporation Regulations 1991. This legislative framework ensures that funding decisions are informed by reliable data, reflecting the economic significance of the fishing industry within each jurisdiction.
Scope and Application
The Primary Industries Research and Development Act 1989, through the Fisheries Research and Development Corporation Regulations 1991, applies to the calculation and allocation of funds based on the Gross Value of Production (GVP) of fisheries within each Australian state and territory. The Act mandates that the amount paid to the Fisheries Research and Development Corporation from the Consolidated Revenue Fund is to be determined by the GVP of each state or territory’s fishing industry, which is calculated as the average GVP of the relevant financial year and the two preceding years. This determination is made by the First Assistant Secretary of the AgVet Chemicals, Fisheries, Forestry and Engagement Division of the Department of Agriculture, Fisheries and Forestry, as delegated by the Minister for Agriculture. The GVP figures for 2022–23 exclude specific inputs such as the Commonwealth-managed southern bluefin tuna fishery for South Australia, and the farmed prawn sectors for New South Wales and Queensland, which are instead included in the Commonwealth Fisheries GVP.
Key Provisions
The Primary Industries Research and Development Act 1989 and the Fisheries Research and Development Corporation Regulations 1991 establish a framework for determining the Gross Value of Production (GVP) for state and territory fisheries, which in turn determines funding allocation to the Fisheries Research and Development Corporation (FRDC) (subsection 30A(2), (3), (4) and (5) of the Primary Industries Research and Development Act 1989, and regulation 4E of the Fisheries Research and Development Corporation Regulations 1991). The GVP is the sum of the value of all goods produced by the fishing industry of each state or territory. The amount paid to the FRDC from the Consolidated Revenue Fund is based on these GVP figures. The authority to determine these GVP figures is delegated to the First Assistant Secretary of the AgVet Chemicals, Fisheries, Forestry and Engagement Division of the Department of Agriculture, Fisheries and Forestry.
The Act and the Regulations impose several obligations on the relevant parties. The Australian Bureau of Agricultural and Resource Economics and Sciences (ABARES) must estimate the GVP of each state and territory’s fishing industry for the relevant and the two preceding financial years to the nearest thousand dollars. These estimates are then used to calculate the average GVP for the current financial year, which becomes the GVP figure for that year (subsection 30A(5) of the Primary Industries Research and Development Act 1989 and regulation 4E of the Fisheries Research and Development Corporation Regulations 1991). The First Assistant Secretary, who has been delegated the authority to make this determination, must then use these estimates to determine the GVP figures for each state or territory.
Failure to comply with the requirements of the Primary Industries Research and Development Act 1989 and the Fisheries Research and Development Corporation Regulations 1991 could have legal consequences. While the Act and the Regulations do not explicitly outline specific offences, penalties, or civil/criminal consequences for non-compliance, breaches of the Act or Regulations could potentially be prosecuted under general criminal or civil law provisions for acts done in contravention of an Act or Regulations, which could result in fines and imprisonment. However, the specific penalties would depend on the nature and severity of the breach, and would be determined by the courts.