EXPLANATORY STATEMENT
STATUTORY RULES 1990 NO. 61
Issued by the Authority of the Minister of State for Primary Industries and Energy.
PRIMARY INDUSTRIES AND ENERGY RESEARCH
AND DEVELOPMENT ACT 1989
EGG INDUSTRY RESEARCH AND DEVELOPMENT COUNCIL REGULATIONS
The proposed Regulations provide for the establishment of the Egg Industry Research and Development Council.
Section 92 of the Primary Industries and Energy Research and Development Act 1989 (the Act) provides for the establishment by regulation of Research and Development Councils in respect of primary industries or classes of primary industries and for the Councils to be known by the names specified in the regulations.
Where, as a result of making regulations, an R&D Council is established on a particular day, under subsection 107(1) of the Act, a Research and Development Fund, to be known by the name specified in the regulations, is established in respect of the Council on that day. The R&D Fund established in respect of the Egg Industry Research and Development Council is to be known as the Egg Industry R&D Fund.
Section 5 of the Act provides for a declaration by the regulations as to the levy to be attached to the Egg Industry R&D Fund. The research levy imposed by paragraph 7(a) of the Laying Chicken Levy Act 1988 is attached by the regulations to the Fund under this provision.
Subsection 32(2) of the Act provides for a statement in the regulations as to the manner in which the Minister is to determine the amount of the gross value of production of goods that are the produce of the industry to which the levy relate, for a financial year. This is important in that subsection 32(1) of the Act limits the Commonwealth’s matching payments to the Corporation in a particular financial year to a maximum amount equal to 0.5% of the gross value of production of goods, as determined by the Minister, for that financial year.
Subsection 136(1) of the Act allows the Minister to appoint a Presiding Member of the RIR&D Corporation Selection Committees if the regulations have been made but are not yet in force. Appointment of a Presiding Member initiates the process of selecting persons suitable for appointment as Members of the proposed Council and it is important that this process be completed before the Council is established. It is therefore necessary that the regulations be made well in advance of their commencement date.
The regulations will commence on 2 July 1990.
Overview
The Primary Industries and Energy Research and Development Act 1989 was enacted to facilitate the establishment of research and development councils within primary industries, with the objective of fostering innovation and improving productivity. To this end, the Act allows for the creation of such councils via regulation, specifying the names and operational frameworks of these councils, including their associated research and development funds. The Egg Industry Research and Development Council Regulations 1990, issued under the authority of the Minister of State for Primary Industries and Energy, establish the Egg Industry Research and Development Council and its corresponding Egg Industry R&D Fund. These regulations also outline the levy attached to the Fund, as per the Laying Chicken Levy Act 1988, and the process for determining the gross value of production, which is crucial for calculating Commonwealth matching payments to the Council. The regulations further allow for the appointment of a Presiding Member of the Selection Committees before the Council is formally established, ensuring a timely and efficient selection process.
Scope and Application
The Egg Industry Research and Development Council Regulations, issued under the Primary Industries and Energy Research and Development Act 1989, establish the Egg Industry Research and Development Council and provide for the creation of the Egg Industry R&D Fund. The regulations specify the levy attached to the fund, which is the research levy imposed by the Laying Chicken Levy Act 1988, and outline the process for determining the gross value of production of goods for the industry, which is critical for calculating the Commonwealth's matching payments to the fund. The regulations also allow for the appointment of a Presiding Member of the R&D Corporation Selection Committees prior to the Council's establishment, ensuring the selection process is completed in advance. These regulations apply to entities within the egg industry, encompassing both commercial and non-commercial sectors, and their jurisdiction extends nationally, aligning with the geographic reach of the levy under the Laying Chicken Levy Act 1988. The regulations commence on 2 July 1990, and they do not specify any exclusions or exemptions, suggesting that all eligible entities within the egg industry are subject to the provisions unless otherwise stipulated in the subordinate legislation.
Key Provisions
The main provisions of the Egg Industry Research and Development Council Regulations involve the establishment of the Egg Industry Research and Development Council under section 92 of the Primary Industries and Energy Research and Development Act 1989. This Council is set up to focus on research and development in the egg industry. Additionally, section 107(1) of the Act mandates the creation of the Egg Industry R&D Fund, which will be the financial repository for all funds related to the Council’s activities. The levy imposed by the Laying Chicken Levy Act 1988 is specifically designated to be attached to this Fund, as outlined in section 5 of the Act. This levy is crucial for funding research and development initiatives within the industry.
The obligations imposed by the Act on the parties involved primarily revolve around the establishment and management of the Egg Industry R&D Fund. The Minister is required to determine the gross value of production of goods for the egg industry for each financial year, a process outlined in subsection 32(2) of the Act. This determination is pivotal as it affects the Commonwealth’s matching payments to the Council, which are capped at 0.5% of the gross value of production for that financial year, as specified in subsection 32(1). The Minister must also ensure the timely appointment of a Presiding Member of the R&D Council Selection Committees under subsection 136(1) of the Act, to facilitate the selection of suitable candidates for the Council before it becomes operational.
In terms of penalties and consequences for non-compliance, the Act does not explicitly detail specific offences or penalties within the text provided. However, given the nature of the Act and the importance of the financial and operational obligations, it is reasonable to infer that failure to comply with the requirements, such as not adhering to the established levy or not properly managing the fund, could result in legal or financial repercussions. Although the specific penalties are not mentioned in the provided text, breaches of such regulations could potentially lead to fines, legal actions, or other administrative consequences as prescribed by the relevant legal frameworks.