EXPLANATORY STATEMENT
Select Legislative Instrument 2013 No. 87
Issued by the Authority of the Parliamentary Secretary for Agriculture, Fisheries and Forestry
Primary Industries and Energy Research and Development Act 1989
Fisheries Research and Development Corporation Amendment
Regulation 2013 (No. 1)
Section 149 of the Primary Industries and Energy 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.
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 Fisheries Research and Development Corporation Regulations 1991 (the Principal Regulations) establish the Fisheries Research and Development Corporation (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 Fisheries Research and Development Corporation Regulations 1991 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 2012–13 financial year. The proportion for 2012–13 is 4.88 per cent. The amendment authorises the Department of Agriculture, Fisheries and Forestry (DAFF) to transfer the research component 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 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.
DAFF consulted with the Australian Fisheries Management Authority, which collects the fishing levy, in determining the proportion of the levy to be paid to the FRDC. The FRDC has also been notified of the Regulation. DAFF also consulted with the Office of Best Practice Regulation (ID 14840). No further consultation is necessary as the amendment is of a minor and machinery nature and does not substantially alter existing arrangements, nor does it affect any parties other than the Commonwealth and the FRDC.
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 Attachment A.
The Regulation commenced on the day after it was registered on the Federal Register of Legislative Instruments.
The Regulation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Details/Operation
Section 1 – Name of Regulation
This section sets out that the Regulation is to be referred to as the Fisheries Research and Development Corporation Amendment Regulation 2013 (No 1).
Section 2 – Commencement
This section sets out that the Regulation commences on the day after it is registered.
Section 3 – Authority
This section states that the Regulation is made under section 149 of the Primary Industries and Energy Research and Development Act 1989 (the Act).
Section 4 – Schedule
This section provides for Schedule 1 to amend the Fisheries Research and Development Corporation Regulations 1991(the Principal Regulations).
Schedule 1 – Amendments
Items [1] – inserts an additional figure into the table at subregulation 4A(2) to update the research component of the levy for the 2012–13 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 Fisheries Research and Development Corporation.
ATTACHMENT A
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 Regulation 2013 (No. 1)
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 instrument inserts a figure into a table in the Fisheries Research and Development Corporation Regulations 1991to declare the proportion of levies collected annually from concession holders in Commonwealth managed fisheries that is to be directed to the Fisheries Research and Development Corporation in the 2013–14 financial year.
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.
The Hon. Peter Douglas Sidebottom MP
Parliamentary Secretary for Agriculture, Fisheries and Forestry