Overview

The Primary Industries Research and Development Act 1989 was enacted to facilitate research, development, and extension activities in the primary industries sector, with a focus on improving productivity, sustainability, and competitiveness. This legislation addresses the need for coordinated research efforts across various industries, including fisheries, agriculture, and forestry. The policy objective of the Act is to foster innovation and knowledge dissemination to support the growth and sustainability of Australia’s primary industries. Pursuant to this Act, the Fisheries Research and Development Corporation Regulations 1991 were established to govern the operations of the Fisheries Research and Development Corporation (FRDC), ensuring that funding for research is effectively managed and aligned with industry needs. The determination of the total Gross Value of Production (GVP) for the fishing industry, as outlined in the Fisheries Research and Development Corporation Regulations 1991, is a critical component of the funding mechanism for the FRDC, ensuring that financial contributions are proportional to the economic output of the fishing sector.

Scope and Application

The Primary Industries Research and Development Act 1989 applies to the determination of funding for research and development in the primary industries sector, specifically focusing on the fishing industry within Australia. This legislation mandates that payments to the Fisheries Research and Development Corporation be calculated based on the Gross Value of Production (GVP) of the Australian fishing industry. The Act, which has a Commonwealth reach, empowers the First Assistant Secretary of the relevant division within the Department of Agriculture, Water and the Environment to determine the total GVP for the fishing industry each financial year, as per subsection 30A(4). The GVP is determined as an average of the current and two preceding financial years' values, as outlined in subsection 30A(5) of the Act and Regulation 4C of the Fisheries Research and Development Corporation Regulations 1991. This determination is based on data provided by the Australian Bureau of Agricultural and Resource Economics and Sciences (ABARES), which estimates the GVP to the nearest thousand dollars. The Act does not specify any exclusions or exemptions in the determination of the GVP, nor does it mention thresholds, but it does rely on subordinate instruments such as the Fisheries Research and Development Corporation Regulations 1991 for the detailed implementation of these provisions.

Key Provisions

The legislation, under subsection 30A(4) of the Primary Industries Research and Development Act 1989 and Regulation 4C of the Fisheries Research and Development Corporation Regulations 1991, sets the total Gross Value of Production (GVP) for the Australian fishing industry for the financial year 2019–20. This determination is made by an authorised officer of the Department of Agriculture, Water and the Environment. The total GVP is established as $2,978,692,000, which is calculated based on the average of the GVP for the 2017–18, 2018–19, and 2019–20 financial years. This determination is pivotal as it forms the basis for funding allocations to the Fisheries Research and Development Corporation. The Act imposes obligations on the Australian Bureau of Agricultural and Resource Economics and Sciences (ABARES) to estimate the GVP of the Australian fishing industry for each financial year. These estimates are to be provided to the authorised officer, who then calculates the average GVP for the current and two preceding financial years. The officer is required to make the final determination of the total GVP, which is then published in the Commonwealth Gazette. This process ensures that the funding allocations are based on the most recent and accurate data available. There are no explicit offences or penalties mentioned in the text for the breach of the provisions of this determination. However, any failure to comply with the requirements of the Primary Industries Research and Development Act 1989 or the Fisheries Research and Development Corporation Regulations 1991 could lead to legal consequences under those statutes. For example, any person who provides false or misleading information to the authorised officer could potentially face civil or criminal penalties under the relevant sections of the Acts. The maximum penalties for such offences would be determined by the applicable law.