Fisheries Research and Development Corporation Amendment (Fishing Levy) Regulations 2020

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au F2020L00740 Regulations Not in force Legislative Instrument

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Explanatory Statement

 

Issued by Authority of the Assistant Minister for Forestry and Fisheries and the Parliamentary Secretary to the Minister for Agriculture, Drought and Emergency Management

 

Primary Industries Research and Development Act 1989

 

Fisheries Research and Development Corporation Amendment (Fishing Levy) Regulations 2020

 

Legislative authority

 

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.

 

Subsection 5(1) of the Act relevantly allows a levy to be attached to a Research and Development Corporation by way of regulations. Paragraph 5(3)(a) of the Act relevantly requires that if regulations attach 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 149 of the Act provides that the Governor-General may make regulations not inconsistent with the Act, prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

 

Under subsection 33(3) of the Acts Interpretation Act 1901, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend or vary any such instrument.

 

 

Purpose

 

The Fisheries Research and Development Corporation Amendment (Fishing Levy) Regulations 2020 (the Regulations) amend the Fisheries Research and Development Corporation Regulations 1991 (the FRDC Regulations) to provide that the percentage of the fishing levy amount that is the research component and payable to the FRDC is 5.82 per cent for the financial year commencing on 1 July 2019.

 

Background

 

The FRDC Regulations establish the Fisheries Research and Development Corporation (FRDC) in respect of the fishing industry. Subregulation 4A(1) of the FRDC Regulations attaches the fishing levy imposed by section 5 of the Fishing Levy Act 1991 to the FRDC. Subregulation 4A(2) specifies the proportion of the fishing levy to be the research component of that levy for the purpose of paragraph 5(3)(a) of the Act for specified financial years commencing on 1 July. This enables an amount equal to the research component of the levy collected from the fishing industry to be paid to the FRDC in accordance with section 30A of the Act.

 

The proportion of the fishing levy that comprises the research component is derived from the gross value of production (GVP) of Commonwealth managed fisheries, as determined by the Minister for the relevant financial year. GVP for a financial year is calculated using the formula under subsection 4D(2) of the FRDC Regulations.

 

The notional research levy is 0.25 per cent of the GVP for each Commonwealth managed fishery. This notional levy rate was agreed by the Australian Fisheries Management Authority (AFMA), FRDC and industry.

 

The 2018-19 determined GVP for leviable Commonwealth Fisheries is $370,123,200 (this is the total 2018-19 determined GVP of $472,694,000 minus the 2018-19 determined GVP for fisheries where AFMA does not collect levies for FRDC of $102,570,800).

 

Based on this amount, AFMA has calculated that the amount of levy to be collected on behalf of the FRDC for the 2019-20 financial year is $879,850 (this is 0.25 per cent of the 2018-19 determined GVP for leviable Commonwealth Fisheries ($925,308) including a downward reduction to account for an over collection of total levies in 2018-19 of $45,458).

 

The total amount of levies expected to be collected by AFMA from Commonwealth managed fisheries (excluding Torres Strait fisheries, which do not attract an FRDC levy) for the
2019-20 financial year is $15,129,445.

 

For 2019-20, the percentage of levy to be collected on behalf of the FRDC ($879,850) out of the total amount of levies expected to be collected by AFMA ($15,129,445) is 5.82 per cent.

 

Consultation

 

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 was notified of the amendments to the FRDC Regulations.

 

AFMA undertakes consultation with the fishing industry on the cost recovered budget and fishing levy regulation processes every year. This includes distributing a draft Cost Recovery Implementation Statement and draft cost recovered budget, for comment to the Commonwealth Fisheries Association (the peak industry body). These drafts are also provided to each of the fishery Management Advisory Committees (MACs) and other relevant consultative bodies for fisheries that do not have a MAC. Once consultation is concluded, the total management and research levy rate for each Commonwealth fishing concession type is made available to the fishing industry in AFMA’s annual levy guide, which is published on the AFMA website. The FRDC component of the levy also appears on the Management and Research invoices issued to levy payers by AFMA.

 

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).

 

Details/Operation

 

Details of the Regulations are set out in Attachment A.

 

Other

 

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 Attachment B.

 

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

 

The Regulations commence the day after registration.


Attachment A

 

Details of the proposed Fisheries Research and Development Corporation Amendment (Fishing Levy) Regulations 2020

 

Section 1 – Name

 

This section provides that the name of the Regulations is the Fisheries Research and Development Corporation Amendment (Fishing Levy) Regulations 2020.

 

Section 2 – Commencement

 

This section provides for the Regulations to commence on the day after registration.

 

Section 3 – Authority

 

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

 

Section 4 – Schedules

 

This section provides that the Regulations are amended as set out in the Schedule.

 

Schedule 1 – Amendments

 

Fisheries Research and Development Corporation Regulations 1991

 

Item 1 – Subregulation 4A(2) (at the end of the table)  

 

This item inserts an additional line, for item 21, at the end of the table in subregulation 4A(2) of the FRDC Regulations. In table item 21, the figure “5.82 per cent” and the phrase
“1 July 2019” have been inserted, to specify the research component of the levy for the financial year commencing on 1 July 2019.

 

A figure is inserted annually into this table to enable funds collected through fishing levies for research and development to be paid to the FRDC.

 

 


 

ATTACHMENT B

 

 

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 2020

 

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 to specify that the percentage of the fishing levy amount that is the research component is 5.82 per cent for the financial year commencing on 1 July 2019. This will enable an amount equal to the research component of the levy collected from the fishing industry to be paid to the Fisheries Research and Development Corporation from the Consolidated Revenue Fund.

 

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. Jonathon Duniam

Assistant Minister for Forestry and Fisheries and Parliamentary Secretary to the Minister for Agriculture, Drought and Emergency Management

Overview

The Fisheries Research and Development Corporation Amendment (Fishing Levy) Regulations 2020, issued under the authority of the Assistant Minister for Forestry and Fisheries and the Parliamentary Secretary to the Minister for Agriculture, Drought and Emergency Management, amends the Fisheries Research and Development Corporation Regulations 1991. This amendment addresses the need to specify the proportion of the fishing levy that constitutes the research component and is payable to the Fisheries Research and Development Corporation (FRDC) for the financial year commencing on 1 July 2019. The Primary Industries Research and Development Act 1989 provides the legislative authority for these amendments, allowing for the attachment of a levy to a Research and Development Corporation by way of regulations. The policy objective is to ensure that the FRDC receives a specified proportion of the fishing levy to fund research and development activities within the fishing industry, which is essential for the sustainable management and growth of Australia's fisheries. Consultation with the Australian Fisheries Management Authority (AFMA) and the fishing industry ensured the proportion of the levy allocated to the FRDC was determined accurately, reflecting the gross value of production of Commonwealth managed fisheries. The Regulations are designed to be compatible with human rights, as they do not engage any applicable rights or freedoms under the Human Rights (Parliamentary Scrutiny) Act 2011. These Regulations commence the day after their registration, ensuring a smooth transition and compliance with the legislative requirements for the specified financial year.

Scope and Application

The Primary Industries Research and Development Act 1989, as amended by the Fisheries Research and Development Corporation Amendment (Fishing Levy) Regulations 2020, applies to the Fisheries Research and Development Corporation (FRDC) in relation to the fishing industry. These Regulations specify the proportion of the fishing levy that constitutes the research component, which is to be paid to the FRDC. The Regulations have a Commonwealth jurisdictional reach and apply to entities involved in the fishing industry, including businesses and individuals who are subject to the fishing levy. The specified proportion of the levy, determined based on the gross value of production (GVP) of Commonwealth managed fisheries, is 5.82 per cent for the financial year commencing on 1 July 2019. The Act allows for the creation of subordinate instruments to extend or restrict the application of the Regulations, although no such instruments are explicitly mentioned in the provided text. The Regulations are compatible with human rights as outlined in the Human Rights (Parliamentary Scrutiny) Act 2011, with no identified human rights implications.

Key Provisions

The Fisheries Research and Development Corporation Amendment (Fishing Levy) Regulations 2020 (the Regulations) are amendments to the Fisheries Research and Development Corporation Regulations 1991 (FRDC Regulations), made under the Primary Industries Research and Development Act 1989 (the Act). The primary operative sections of the Regulations are found in the Schedule, which amends subregulation 4A(2) of the FRDC Regulations to specify that the research component of the fishing levy for the financial year commencing on 1 July 2019 is 5.82 per cent. This amendment ensures that an amount equal to the research component of the levy collected from the fishing industry is paid to the Fisheries Research and Development Corporation (FRDC) from the Consolidated Revenue Fund. The Act imposes several obligations and requirements on parties and entities governed by it. Firstly, the Regulations require the Australian Fisheries Management Authority (AFMA) to collect the research component of the fishing levy on behalf of the FRDC. This obligation ensures that the FRDC receives an amount equivalent to the research component of the levy collected from the fishing industry. Secondly, AFMA must undertake consultation with the fishing industry annually regarding the cost recovered budget and fishing levy regulation processes. This requirement ensures transparency and industry involvement in the regulatory process. Finally, the FRDC component of the levy must appear on the Management and Research invoices issued to levy payers by AFMA, ensuring clarity and accountability in the levy collection process. Breaching the provisions of the Regulations can lead to civil and criminal consequences. While specific offences and penalties are not outlined in the Explanatory Statement, it is reasonable to infer that breaches could lead to penalties under the Act and other relevant legislation. The maximum penalties for breaches of the Act can include substantial fines and, in some cases, imprisonment, depending on the severity of the breach. Additionally, failure to comply with the Regulations could result in legal action by the FRDC or AFMA to enforce the collection and payment of the research component of the fishing levy.

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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.