Egg Industry Research and Development Council Regulations (Repeal) 1995 No. 104
EXPLANATORY STATEMENT STATUTORY RULES 1995 No. 104
Issued by the Authority of the Minister for Primary Industries and Energy
Primary Industries and Energy Research and Development Act 1989
Egg Industry Research and Development Council Regulations (Repeal)
Section 149 of the Primary Industries and Energy Research and Development Act 1989 (the Act) provides for the Governor-General to make regulations, not inconsistent with the Act prescribing matters required or permitted by the Act to be prescribed, or necessary to be prescribed for carrying out or giving effect to the Act. .
The Egg Industry Research and Development Council was established by Regulations under the Act to conduct research and development activities on behalf of the egg industry. The Council operated autonomously, having its own Board, and separate reporting and accountability requirements in accordance with the Act.
The Task Force of the Budget Review of Rural Research and Development questioned whether the budgets of the Research and Development Councils are sufficient to implement optimal research management and administrative arrangements.
The Task Force recommended that "DPIE and, as appropriate, the Minister initiate discussions with the relevant industries with a view to exploring alternative options to the current Council arrangements, while maintaining the current level of industry involvement and responsibility".
Consequently, the Egg Industry Research and Development Council has been terminated and the research and development functions of the industry are now established under the Rural Industries Research and Development Corporation.
The Australian Egg Industry Association, the acknowledged representative industry organisation for the egg industry, wrote to the Minister for Primary Industries and Energy supporting the change in the research and development administrative arrangements. The Australian Egg Industry Association has negotiated with the Rural Industries Research and Development Corporation for the establishment of an egg industry advisory committee under the Corporation having composition, functions and responsibilities similar to the Egg Industry Research and Development Council.
The new arrangements offer a simplified structure under which the research and development program of the research and development Council can be maintained along with existing levels of industry responsibility and involvement for the program.
Significant cost savings will be achieved under the new arrangements effectively maximising industry levy funds available for research and development activities.
Regulation 1 provides for these regulations to commence on 1 July 1995.
Regulation 2 provides for the repeal of the Statutory Rules 1990 No.61 which establish the Egg Industry Research and Development Council.
The regulations commence on 1 July 1995.
Overview
The Egg Industry Research and Development Council Regulations (Repeal) 1995 No. 104 were enacted to repeal the existing regulations that established the Egg Industry Research and Development Council under the Primary Industries and Energy Research and Development Act 1989. This repeal was necessary following recommendations from the Task Force of the Budget Review of Rural Research and Development, which raised concerns about the efficiency and cost-effectiveness of the existing research and development arrangements for the egg industry. The Egg Industry Research and Development Council, established to conduct industry-specific research and development activities, was seen to be operating autonomously with its own Board, but the Task Force questioned the adequacy of the Council's budgets in implementing optimal research management. As a result, the Council was terminated, and its functions were transferred to the Rural Industries Research and Development Corporation, which is expected to provide a more streamlined and cost-effective structure. The Australian Egg Industry Association supported this change and has negotiated for an advisory committee under the Corporation to maintain existing levels of industry involvement in research and development activities.
Scope and Application
The Egg Industry Research and Development Council Regulations (Repeal) 1995 No. 104 applies to the repeal of existing regulations under the Primary Industries and Energy Research and Development Act 1989, specifically targeting the Egg Industry Research and Development Council. This Act affects entities involved in the egg industry, primarily the Egg Industry Research and Development Council and the Australian Egg Industry Association, as well as the Rural Industries Research and Development Corporation, which now takes over the research and development functions previously managed by the Council. The regulations are applicable across the Commonwealth of Australia, reflecting a national scope. These regulations do not explicitly state exclusions or thresholds but operate under the overarching provisions of the Primary Industries and Energy Research and Development Act 1989. The application and implementation of the Act can be extended or modified through subordinate instruments as necessary to align with the evolving needs of the egg industry.
Key Provisions
The Egg Industry Research and Development Council Regulations (Repeal) 1995 No. 104 primarily serve to repeal the existing Egg Industry Research and Development Council Regulations established under the Primary Industries and Energy Research and Development Act 1989. Regulation 1 sets the commencement date of these regulations as 1 July 1995, marking the effective date from which the new arrangements take place. Regulation 2 explicitly repeals the Statutory Rules 1990 No.61, which had previously established the Egg Industry Research and Development Council. This repeal signifies the termination of the Council and the transition of its research and development functions to the Rural Industries Research and Development Corporation.
The obligations and requirements imposed by these regulations primarily relate to the administrative transition from the Egg Industry Research and Development Council to the Rural Industries Research and Development Corporation. The Australian Egg Industry Association, representing the industry, has played a pivotal role in negotiating the establishment of an egg industry advisory committee under the Rural Industries Research and Development Corporation. This committee is designed to mirror the composition, functions, and responsibilities of the former Council, ensuring continuity in industry involvement and responsibility. The new structure aims to streamline the research and development program while maintaining existing levels of industry participation.
The regulatory framework underscores the importance of maximising industry levy funds for research and development activities. By simplifying the administrative structure, significant cost savings are expected, which will allow more resources to be directed towards research and development initiatives. This transition was supported by the Task Force of the Budget Review of Rural Research and Development, which had previously questioned the efficiency of the Council's budget and recommended exploring alternative options to enhance research management and administrative arrangements.
Failure to comply with the provisions of these regulations could potentially lead to legal consequences. Although the specific penalties for non-compliance are not detailed in the explanatory statement, breaches of regulations under the Primary Industries and Energy Research and Development Act 1989 generally could result in civil or criminal penalties. Civil penalties may include fines, while criminal penalties could involve imprisonment, depending on the severity and nature of the breach. The exact penalties would be determined based on the specific provisions of the Act and the nature of the non-compliance.