Overview

The Primary Industries Research and Development Act 1989 was enacted to facilitate investment in research, development, and extension activities in the primary industries sector, including fisheries. This Act addresses the need for a coordinated approach to funding research that enhances productivity, sustainability, and competitiveness within Australia's primary industries. The Parliament of Australia passed this legislation to support the development of knowledge and innovation in sectors vital to the nation’s economy. The policy objective is to ensure that the funding for research and development in these industries is proportionate to the economic output and value generated by the sector. As part of this legislative framework, the Fisheries Research and Development Corporation Regulations 1991 were established to provide specific guidelines and mechanisms for the funding and management of research within the fisheries sector. These regulations are integral to the effective implementation of the Act by ensuring that resources are allocated based on the Gross Value of Production (GVP) of the industry.

Scope and Application

The Primary Industries Research and Development Act 1989 applies to the funding and regulation of research and development activities in Australia's primary industries, including the fishing industry. The Act provides for the establishment of the Fisheries Research and Development Corporation, which is funded based on the Gross Value of Production (GVP) of the fishing industry. The determination of the GVP for the financial year 2014–15, as set out in the Fisheries Research and Development Corporation Regulations 1991, involves averaging the GVP estimates for the current and two preceding financial years, rounded to the nearest thousand dollars. This determination is made by the First Assistant Secretary of the Sustainability and Biosecurity Policy Division of the Department of Agriculture, as authorised by a delegation instrument approved by the Minister for Agriculture. The GVP for 2014–15 was determined to be $2,498,067,000 based on the estimates provided by the Australian Bureau of Agricultural and Resource Economics and Sciences. The Act and its regulations extend their application through subordinate instruments, which provide detailed rules and procedures for the implementation and administration of the legislation.

Key Provisions

The Primary Industries Research and Development Act 1989 (hereafter the "Act") and the Fisheries Research and Development Corporation Regulations 1991 (hereafter the "Regulations") establish the framework for determining the Gross Value of Production (GVP) of the Australian fishing industry, which is a key factor in funding allocations to the Fisheries Research and Development Corporation (hereafter the "Corporation"). Under section 30A(2) of the Act, the funding to be paid to the Corporation from the Consolidated Revenue Fund is based on the GVP of the Australian fishing industry. To ensure a fair and accurate funding model, section 30A(5) of the Act and regulation 4C of the Regulations specify that the total GVP for a given year should be calculated as the average of the GVP for that year and the two preceding financial years. Pursuant to the authority delegated by the Minister for Agriculture, the First Assistant Secretary of the Sustainability and Biosecurity Policy Division of the Department of Agriculture, Ian Thompson, has determined that the total GVP of the Australian fishing industry for the financial year 2014–15 is $2,498,067,000. This determination was made based on the estimates provided by the Australian Bureau of Agricultural and Resource Economics and Sciences (ABARES). The ABARES data for the GVP in the financial years 2012–13, 2013–14, and 2014–15 were $2,381,343,000, $2,447,616,000, and $2,665,241,000 respectively, and the rounded average of these figures yielded the final determination. The Act and Regulations impose several obligations on the parties involved. Firstly, the Australian Bureau of Agricultural and Resource Economics and Sciences is responsible for providing accurate and reliable estimates of the GVP of the Australian fishing industry. Secondly, the First Assistant Secretary of the Sustainability and Biosecurity Policy Division, authorised by the Minister for Agriculture, must determine the total GVP based on these estimates and the statutory formula provided in the Act and Regulations. Additionally, the Department of Agriculture is required to ensure that the funding allocation to the Corporation is based on this determined GVP. Failure to comply with the requirements of the Act and Regulations may result in legal consequences. While the specific offences, penalties, or civil/criminal consequences for breaches are not detailed in the provided text, it is generally understood that non-compliance with statutory obligations can lead to administrative actions, financial penalties, or other legal repercussions depending on the severity and nature of the breach. The exact penalties would be determined based on the specific breach and the relevant legislation governing such actions.