Determination of the Total Fisheries Gross Value of Production (GVP) 2023–24

Overview

The Primary Industries Research and Development Act 1989 was enacted to provide for the funding and co-ordination of research, development, and extension activities in the primary industries sector, aiming to address the need for improved efficiency, productivity, and sustainability in these industries. The Fisheries Research and Development Corporation Regulations 1991 were made under the Act to provide for the administration and management of the Fisheries Research and Development Corporation. The policy objective of these legislative instruments is to foster innovation and technological advancement in Australia’s primary industries, particularly in fisheries, to support economic growth and environmental sustainability. The determination of the Gross Value of Production (GVP) for the fisheries sector is a critical measure for assessing the economic contribution of the industry and for allocating funding under the Act and the associated regulations. The determination of the GVP for the financial year 2023-24, as provided in the recent Gazette, is an essential step in this ongoing process.

Scope and Application

The Primary Industries Research and Development Act 1989, together with the Fisheries Research and Development Corporation Regulations 1991, applies to the fishing industry, encompassing all parts of the industry, regardless of whether it is managed by the Commonwealth, a state, or a territory. This legislation establishes the framework for the determination of the Gross Value of Production (GVP) for the fishing industry, which is pivotal for funding research and development activities in this sector. The geographic reach of this Act is national, extending across all jurisdictions in Australia. The application of the Act is further clarified by the Determination of the Total Fisheries Gross Value of Production (GVP) 2023–24, which specifies the total GVP for the financial year in question. This determination is made under the authority delegated to Sarah-Jane McCormack, First Assistant Secretary, pursuant to subsection 30A(4) of the Act and Regulation 4C of the Regulations. The Act and associated Regulations provide for the establishment of a levy on the fishing industry to fund research and development, with the amount of the levy being directly related to the GVP determined under this legislative framework. The Act does not specify exclusions or exemptions, indicating that all sectors of the fishing industry are subject to its provisions. The Act’s application may also be extended or restricted through subordinate instruments, such as the Determination made under the authority granted by the Regulations.

Key Provisions

The determination under section 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 fishing industry for the financial year 2023–24 at $3,461,863,000. This calculation encompasses all goods produced by the fishing industry, regardless of whether they are managed by the Commonwealth, a state, or a territory. This GVP figure is crucial as it serves as a basis for determining the financial contributions and levies applicable to the fishing industry under the Act. The Act imposes several obligations on the parties involved in the fishing industry. Primarily, it requires compliance with the financial contributions levied based on the GVP, as determined by the authorised officer. This includes ensuring that relevant levies and fees are calculated and paid in accordance with the prescribed rates and schedules outlined in the Act and the associated regulations. Furthermore, entities within the fishing industry must maintain accurate records of their production and financial transactions to facilitate compliance with these obligations. Failure to comply with the requirements of the Act and the regulations may result in various consequences. The Act provides for civil penalties for non-compliance, which can include fines up to a maximum of $11,000 for individuals and $55,000 for bodies corporate, as per the prescribed penalties outlined in the relevant sections. Additionally, persistent non-compliance or cases involving significant breaches may lead to legal action, which could result in more severe penalties and enforcement actions by the relevant authorities. It is therefore imperative for all entities within the fishing industry to adhere strictly to the provisions of the Act and the associated regulations to avoid such consequences.