Overview

The Primary Industries and Energy Research and Development Act 1989, enacted by the Parliament of Australia, was introduced to address the need for adequate funding and support for research and development in the primary industries and energy sectors. The policy objective is to enhance the competitiveness, sustainability, and productivity of these sectors through targeted research and development activities. Pursuant to this Act, the Fisheries Research and Development Corporation Regulations 1991 were established to provide a framework for funding fisheries research and development. The 2012–13 Determination of the Total Fisheries Gross Value of Production (GVP) under the Act and Regulations was made to calculate the total GVP for the fishing industry, which is used to determine the amount paid to the Fisheries Research and Development Corporation. This determination, made by an authorised officer, is based on the average GVP of the relevant and two preceding financial years, as estimated by the Australian Bureau of Agricultural and Resource Economics and Sciences.

Scope and Application

The Primary Industries and Energy Research and Development Act 1989, as amended and supplemented by the Fisheries Research and Development Corporation Regulations 1991, pertains to the determination of the Gross Value of Production (GVP) for the Australian fishing industry, which serves as the basis for funding the Fisheries Research and Development Corporation. The Act applies to the fishing industry in Australia, encompassing all sectors managed by or on behalf of the Commonwealth, states, or territories. This legislation mandates the calculation of the GVP for the fishing industry to determine the amount of funding from the Consolidated Revenue Fund allocated to the Fisheries Research and Development Corporation. The geographic reach of this legislation is national, covering the entire Australian fishing industry. The authority to determine the GVP is vested in the First Assistant Secretary of the Sustainable Resource Management Division within the Department of Agriculture, Fisheries and Forestry. The determination process involves averaging the GVP estimates for the relevant and two preceding financial years, as outlined in the Act and Regulations. The Australian Bureau of Agricultural and Resource Economics and Sciences (ABARES) provides the necessary data for these calculations, and the resulting figure is rounded to the nearest thousand dollars. The total GVP for the 2012–13 financial year is determined to be $2,332,450,000, based on the average of the GVPs for the 2010–11, 2011–12, and 2012–13 financial years.

Key Provisions

The Primary Industries and Energy Research and Development Act 1989 (section 30A) and the Fisheries Research and Development Corporation Regulations 1991 (section 4C) set out the requirements for determining the Gross Value of Production (GVP) for the Australian fishing industry. Section 30A(2) specifies that the amount paid to the Fisheries Research and Development Corporation from the Consolidated Revenue Fund is based on the GVP of the fishing industry. Section 30A(5) and 4C establish that the total GVP is calculated as the average of the GVP for the relevant year and the two preceding financial years. The Act and Regulations impose specific obligations on the responsible authorities. Under section 30A, the total GVP must be determined by an authorised officer, and this has been delegated to the First Assistant Secretary of the Sustainable Resource Management Division of the Department of Agriculture, Fisheries and Forestry. The authority to make this determination is exercised by Ian Thompson, First Assistant Secretary, who is authorised by an instrument of approval dated 24 June 2008. The Australian Bureau of Agricultural and Resource Economics and Sciences (ABARES) is responsible for estimating the GVP figures for the relevant years, and these estimates are then used to calculate the total GVP. The legislation does not explicitly outline specific offences, penalties, or consequences for breach in this context. However, the accuracy and integrity of the GVP determination are crucial, as it directly affects the funding allocated to the Fisheries Research and Development Corporation. Any inaccuracies or mismanagement in this process could potentially impact the financial and operational aspects of the Corporation, though specific penalties for such breaches are not detailed within the Act or the Regulations.