Overview

The Primary Industries Research and Development Act 1989 was enacted to facilitate research and development in the primary industries sector of Australia, aiming to enhance productivity and sustainability. This Act, administered by the Parliament of Australia, seeks to ensure that there is a robust framework supporting the innovation and development necessary for the primary industries. The Fisheries Research and Development Corporation Regulations 1991 complement this Act by providing specific guidelines and mechanisms for funding and managing research and development activities within the fisheries sector. The 2013-14 Determination of the Total Fisheries Gross Value of Production (GVP) was introduced to establish the economic value of the Australian fishing industry for the specified financial year, which is crucial for determining the allocation of funds from the Consolidated Revenue Fund to the Fisheries Research and Development Corporation. This determination ensures that funding is appropriately based on the economic output of the industry, thereby supporting targeted research and development efforts.

Scope and Application

The Primary Industries Research and Development Act 1989 and the Fisheries Research and Development Corporation Regulations 1991 apply to the fishing industry across Australia, encompassing all entities engaged in fishing activities, whether managed by the Commonwealth, a state, or a territory. This legislation specifically mandates that the funding allocated to the Fisheries Research and Development Corporation is proportionate to the Gross Value of Production (GVP) of the Australian fishing industry. Pursuant to the Act and the Regulations, the First Assistant Secretary of the Sustainability and Biosecurity Policy Division is authorised to determine the total GVP of the fishing industry for a given financial year, which in turn informs the financial contributions from the Consolidated Revenue Fund. This determination process involves averaging the GVP figures from the relevant year and the two preceding years, as per subsection 30A(5) of the Act and Regulation 4C of the Regulations. The latest determination, made on 23 July 2014, established the total GVP for the 2013-14 financial year at $2,394,783,000, based on data provided by the Australian Bureau of Agricultural and Resource Economics and Sciences.

Key Provisions

The determination made under the Primary Industries Research and Development Act 1989 and the Fisheries Research and Development Corporation Regulations 1991, establishes the total Gross Value of Production (GVP) for the Australian fishing industry for the financial year 2013–14 at $2,394,783,000. This determination is based on the subsections 30A(2) and 30A(5) of the Act and Regulation 4C of the Regulations, which stipulate that the amount paid to the Fisheries Research and Development Corporation is based on the GVP of the industry. Moreover, it outlines that the total GVP is to be calculated as the average of the GVP for the relevant and the two preceding financial years. The Australian Bureau of Agricultural and Resource Economics and Sciences (ABARES) provides the necessary estimates of the GVP for these years, which are used to derive the final figure. The obligations imposed by this determination are primarily on the First Assistant Secretary of the Sustainability and Biosecurity Policy Division of the Department of Agriculture, who is tasked with determining the GVP for the Australian fishing industry. This role involves receiving the GVP estimates from ABARES for the relevant years, performing the necessary calculations to find the average GVP, and officially determining the total GVP for the specified financial year. Additionally, the determination ensures that the Fisheries Research and Development Corporation will receive funding based on this officially determined GVP figure. For breaches of the obligations under the Primary Industries Research and Development Act 1989 or the Fisheries Research and Development Corporation Regulations 1991, the legislation does not explicitly outline specific offences, penalties, or consequences within this determination. However, general breaches of the Act or Regulations could lead to administrative or legal consequences, including fines or other penalties as prescribed by the relevant laws. It is essential for the designated officers to adhere to the processes outlined to avoid any potential repercussions. The exact penalties would be determined in accordance with the broader legal framework governing the Act and the Regulations.