Fisheries Research and Development Corporation Amendment (Fishing Levy) Regulation 2015

Administered by Department of Agriculture

Legislation au F2015L00948 Regulations Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Select Legislative Instrument 2015 No. 93, 2015

 

Issued by Authority of the Parliamentary Secretary to the Minister for Agriculture

Primary Industries Research and Development Act 1989

Fisheries Research and Development Corporation Amendment (Fishing Levy) Regulation 2015

 

Section 149 of the Primary Industries Research and Development Act 1989 (the Act) provides that the Governor-General may make regulations not inconsistent with the Act, prescribing matters required by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

 

The Fisheries Research and Development Corporation Amendment (Fishing Levy Regulation 2015 (Amendment Regulation) amends the Fisheries Research and Development Corporation Regulations 1991 (the Principal Regulations) to specify the amount of funds to be transferred to the Fisheries Research and Development Corporation (FRDC) from funds collected from industry for research, development and extension in the 2014–15 financial year. The amount of funds is expressed as a percentage of the total fishing levy collected from industry.

 

Section 8 of the Act provides for research and development corporations to be established in respect of primary industries by way of regulations. In accordance with that section, the Principal Regulations establish the FRDC in respect of the fishing industry.

 

Subsection 5(1) of the Act allows a levy to be attached to a research and development corporation by way of regulations. Section 4(A) of the Principal Regulations attaches the fishing levy imposed by section 5 of the Fishing Levy Act 1991 to the FRDC. Subsection 5(3) of the Act requires that, if a regulation attaches a levy to a research and development corporation, then the regulation must also declare the whole or a specified proportion of the levy to be the research component of the levy. Section 30 of the Act provides that the FRDC is to be paid the research component of the levy that is attached to it.

 

The Regulation amends the Principal Regulations to specify the proportion of the annual fishing levy that is the research component and is therefore to be paid to the FRDC in the 2014–15 financial year. The proportion for 2014–15 is 6.11 per cent. The amendment provides the department the value of the research component to be transferred from the Consolidated Revenue Fund to the FRDC.

 

The proportion of the fishing levy that is the research component and is to be paid to the FRDC varies annually because it is derived from independent sources. The research component of the levy is derived from the gross value of production of Commonwealth managed fisheries, as determined by the Minister for the relevant financial year. The fisheries management component of the levy is derived from the costs borne by the Australian Fisheries Management Authority (AFMA) in managing Commonwealth fisheries. As a result, the proportion to be paid to the FRDC varies and must be declared in the Principal Regulations on an annual basis.

 

The department consulted with AFMA in determining the proportion of the levy to be paid to the FRDC. AFMA collects the research component of the fishing levy on behalf of the FRDC. The FRDC has been notified of the amendments to the Regulation.

 

The Office of Best Practice was consulted in the preparation of the amendments to the Regulation (ID  18665).

 

The Regulation is compatible with the human rights and freedoms recognised or declared under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. A full statement of compatibility is set out in the Attachment.

Details of the Fisheries Research and Development Corporation Amendment (Fishing Levy) Regulation 2015

 

Section 1 – Name of Regulation

 

This Section provides that the Regulation is referred to as the Fisheries Research and Development Corporation Amendment (Fishing Levy) Regulation 2015.

 

Section 2 – Commencement

 

This Section provides that the Regulation commences on the day after it is registered.

 

Section 3 – Authority

 

This Section provides that the Regulation is made under the Primary Industries Research and Development Act 1989.

 

Section 4 – Schedule(s)

 

This section provides that the Principle Regulations are amended as set out in Schedule 1 to this instrument.

 

Schedule 1 – Amendments

 

Item [1] – inserts an additional figure to the table at subregulation 4A(2) of the Principle Regulations to specify the research component of the levy for the 2014–15 financial year. An additional figure is inserted into the table at subregulation 4A(2) each year to enable funds collected through fishing levies for research and development to be paid to the FRDC.

 

Item [2] – Omit “28(1)(d)”, substitute “28(d)” for Regulation 5.

 

 

 

 

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Fisheries Research and Development Corporation Amendment (Fishing Levy) Regulation 2015

 

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the Legislative Instrument

The Legislative Instrument amends the Fisheries Research and Development Corporation Regulations 1991 and provides the Department of Agriculture the value of the research component to be transferred from the Consolidated Revenue Fund to the FRDC.

 

Human rights implications

This Legislative Instrument does not engage any of the applicable rights or freedoms.

 

Conclusion

This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

 

 

 

Senator the Hon. Richard Colbeck

Parliamentary Secretary to the Minister for Agriculture

 

Overview

The Fisheries Research and Development Corporation Amendment (Fishing Levy) Regulation 2015 (Amendment Regulation) was issued under the authority of the Parliamentary Secretary to the Minister for Agriculture, amending the Fisheries Research and Development Corporation Regulations 1991. This legislative instrument was introduced to address the need for specifying the amount of funds to be transferred to the Fisheries Research and Development Corporation (FRDC) from the fishing industry levy for research, development, and extension activities in the 2014-15 financial year. The Primary Industries Research and Development Act 1989 allows the Governor-General to make regulations necessary for carrying out or giving effect to the Act, including prescribing the amount of funds to be transferred to the FRDC. The policy objective of this amendment is to ensure that the FRDC receives the correct proportion of the fishing levy, which is used to fund research and development in the fishing industry, thereby supporting sustainable fishing practices and industry growth.

Scope and Application

The Fisheries Research and Development Corporation Amendment (Fishing Levy) Regulation 2015 applies to the Fisheries Research and Development Corporation (FRDC), which is established under the Primary Industries Research and Development Act 1989. The Regulation specifies the amount of funds to be transferred to the FRDC from the fishing industry's levy collected for research, development, and extension activities during the 2014–15 financial year. This Regulation is part of a broader legislative framework aimed at facilitating research and development within the fishing industry. The Regulation has a national jurisdictional reach as it is issued under the Commonwealth Act and applies across Australia. There are no specific exclusions or exemptions mentioned in the Regulation, but it is worth noting that the proportion of the fishing levy designated for research purposes is derived annually from independent sources, specifically the gross value of production of Commonwealth managed fisheries. This ensures that the amount transferred to the FRDC is reflective of current industry performance and needs. The Regulation is compatible with human rights as outlined in the Human Rights (Parliamentary Scrutiny) Act 2011, as it does not engage any of the applicable rights or freedoms.

Key Provisions

The Fisheries Research and Development Corporation Amendment (Fishing Levy) Regulation 2015 (Amendment Regulation) is a legislative instrument that amends the Fisheries Research and Development Corporation Regulations 1991 (Principal Regulations). The primary operative section of this Amendment Regulation is Section 4, which amends Schedule 1 of the Principal Regulations (Subregulation 4A(2)) by inserting a new figure that specifies the research component of the fishing levy for the 2014–15 financial year. This amendment ensures that the proportion of funds collected from industry that is to be transferred to the Fisheries Research and Development Corporation (FRDC) is accurately defined for that financial year. This change is necessary because the proportion of the fishing levy that constitutes the research component varies annually based on the gross value of production of Commonwealth managed fisheries. The Amendment Regulation imposes specific obligations on the Department of Agriculture and the Australian Fisheries Management Authority (AFMA). The Department of Agriculture is tasked with determining the proportion of the fishing levy that constitutes the research component for each financial year. This determination is based on the gross value of production of Commonwealth managed fisheries and must be declared in the Principal Regulations annually. AFMA, on the other hand, is responsible for collecting the research component of the fishing levy on behalf of the FRDC. Both entities must ensure that the correct proportion of the levy is transferred from the Consolidated Revenue Fund to the FRDC in accordance with the amended Principal Regulations. Breaches of the provisions of the Amendment Regulation can result in various consequences. While the specific penalties for non-compliance are not detailed in the explanatory statement, it is likely that failure to correctly determine and transfer the research component of the fishing levy could lead to financial discrepancies and potential legal action. The regulation aims to ensure that the FRDC receives the correct proportion of funds for research and development activities in the fishing industry, and non-compliance could undermine the effectiveness of these activities. The precise legal and financial consequences would be determined by the relevant authorities and could include civil or administrative penalties, depending on the nature and severity of the breach. Overall, the Fisheries Research and Development Corporation Amendment (Fishing Levy) Regulation 2015 is designed to ensure the accurate transfer of funds to the FRDC for research and development purposes in the fishing industry. By specifying the research component of the fishing levy for the 2014–15 financial year, the Amendment Regulation supports the ongoing efforts of the FRDC to enhance research, development, and extension activities in the sector. The obligations placed on the Department of Agriculture and AFMA are crucial for maintaining the integrity of the levy collection and transfer process.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.