Fisheries Research and Development Corporation Amendment (Fishing Levy) Regulations 2017

Administered by Department of Agriculture

Legislation au F2017L00691 Regulations Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

 

Issued by Authority of the Parliamentary Secretary to the Deputy Prime Minister and Minister for Agriculture and Water Resources

Primary Industries Research and Development Act 1989

Fisheries Research and Development Corporation Amendment (Fishing Levy) Regulations 2017

 

The Primary Industries Research and Development Act 1989 (the Act) provides for the undertaking of research and development relating to primary industries and natural resources, and for related purposes.

 

Section 149 of 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.

 

Section 8 of the Act provides for regulations to establish a Research and Development Corporation in respect of a primary industry. Subsection 5(1) of the Act allows a levy to be attached to a Research and Development Corporation by way of regulations. 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.

 

The Fisheries Research and Development Corporation Regulations 1991 (the Principal Regulations) establish the Fisheries Research and Development Corporation (FRDC) in respect of the fishing industry. 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 4(A)(2) specifies the proportion of the levy collected from the fishing industry to be paid to the FRDC as the research component of the levy in accordance with section 30 of the Act.

 

The proportion of the fishing levy that is the research component varies annually because it 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 Fisheries Research and Development Corporation Amendment (Fishing Levy) Regulations 2017 (Amendment Regulations) 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 2016–17 financial year. The proportion for 2016–17 is 5.8 per cent.  

 

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 Regulations.

 

The Office of Best Practice Regulation advised in 2016 that the Department is exempt from submitting a Preliminary Assessment for annual amendments to the Regulations (ID  20522).

 

The Amendment Regulations are 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.

 

The Amendment Regulations are a legislative instrument for the purposes of the Legislation Act 2003.

Details of the Fisheries Research and Development Corporation Amendment (Fishing Levy) Regulations 2017

 

Section 1 – Name of Regulation

 

This section provides that the Amendment Regulations are referred to as the Fisheries Research and Development Corporation Amendment (Fishing Levy) Regulations 2017.

 

Section 2 – Commencement

 

This section provides that the Amendment Regulations commence on the day after registration on the Federal Register of Legislation.

 

Section 3 – Authority

 

This section provides that the Amendment Regulation are made under the Primary Industries Research and Development Act 1989.

 

Section 4 – Schedule(s)

 

This section provides that the Principal 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 Principal Regulations to specify the research component of the levy for the 2016–17 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.

 

 

 

 

 

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) Regulations 2017

 

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 and Water Resources 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. Anne Ruston

Parliamentary Secretary to the Deputy Prime Minister and Minister for Agriculture and Water Resources

 

Overview

The Fisheries Research and Development Corporation Amendment (Fishing Levy) Regulations 2017 amend the Fisheries Research and Development Corporation Regulations 1991, establishing the proportion of the fishing levy that constitutes the research component and is to be paid to the Fisheries Research and Development Corporation for the 2016-17 financial year. This regulation was introduced to ensure the correct proportion of the fishing levy is allocated to the Fisheries Research and Development Corporation for funding research and development in the fishing industry. The regulations were enacted under the Primary Industries Research and Development Act 1989, which aims to facilitate research and development in primary industries and natural resources. The policy objective of the Act is to enhance the productivity and sustainability of primary industries through targeted research and development initiatives.

Scope and Application

The Fisheries Research and Development Corporation Amendment (Fishing Levy) Regulations 2017, made under the Primary Industries Research and Development Act 1989, provide for the amendment of the Fisheries Research and Development Corporation Regulations 1991. These regulations specify the proportion of the annual fishing levy to be paid to the Fisheries Research and Development Corporation (FRDC) for research purposes. Specifically, for the 2016–17 financial year, the research component of the fishing levy was set at 5.8 per cent. The Amendment Regulations were developed in consultation with the Australian Fisheries Management Authority (AFMA), which is responsible for collecting the research component of the levy on behalf of the FRDC. The regulations apply to the fishing industry across Australia, which is subject to the fishing levy imposed by the Fishing Levy Act 1991, and they facilitate the transfer of funds from the Consolidated Revenue Fund to the FRDC for research and development activities within the fishing industry. These regulations do not specify any exclusions or exemptions and are compatible with human rights, as confirmed in the Statement of Compatibility with Human Rights.

Key Provisions

The Fisheries Research and Development Corporation Amendment (Fishing Levy) Regulations 2017 (the Amendment Regulations) amend the Fisheries Research and Development Corporation Regulations 1991 (the Principal Regulations) to specify the research component of the fishing levy for the 2016–17 financial year. This is done under section 8 of the Primary Industries Research and Development Act 1989 (the Act) which allows for the establishment of a Research and Development Corporation for a primary industry, and section 5(1) of the Act which allows a levy to be attached to such a Corporation by way of regulations. Specifically, Schedule 1 to the Amendment Regulations inserts an additional figure into the table at subregulation 4A(2) of the Principal Regulations (section 4, Schedule 1, Item [1]). This figure specifies the proportion of the fishing levy that constitutes the research component and is to be paid to the Fisheries Research and Development Corporation (FRDC) for the 2016–17 financial year. This annual adjustment is necessary because the proportion of the fishing levy that is the research component varies based on the gross value of production of Commonwealth managed fisheries, as determined by the Minister for the relevant financial year. The Amendment Regulations impose specific obligations on the parties and entities governed by them. The Department of Agriculture and Water Resources must determine the proportion of the fishing levy that is the research component each financial year. This determination is made in consultation with the Australian Fisheries Management Authority (AFMA) which collects the levy on behalf of the FRDC. The FRDC, established under the Principal Regulations, is the entity that receives the research component of the levy. The regulations require that this component be declared annually in the Principal Regulations. Furthermore, the Amendment Regulations are made under the authority provided by section 149 of the Act, which allows for regulations that are not inconsistent with the Act and are necessary or convenient for carrying out or giving effect to the Act. Breach of the Amendment Regulations may lead to various consequences depending on the nature of the offence. Under the Primary Industries Research and Development Act 1989, penalties for non-compliance with regulations can include fines. The exact penalties are not specified in the Amendment Regulations themselves but are typically outlined in the Act or related legislation. For instance, section 16 of the Act allows for penalties for non-compliance with regulations, which could include fines up to a maximum specified by the courts. The specific maximum penalties would be governed by the relevant legislation and the nature of the breach. Civil or administrative penalties could also be imposed if the regulations are breached, with the exact consequences depending on the specific breach and the jurisdiction’s laws. The compatibility statement ensures that the Amendment Regulations do not engage any of the applicable rights or freedoms recognised or declared in the Human Rights (Parliamentary Scrutiny) Act 2011, thus affirming that the regulations do not contravene human rights.

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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.