EXPLANATORY STATEMENT
Select Legislative Instrument 2009 No. 73
Issued by the Minister for Agriculture, Fisheries and Forestry
Primary Industries and Energy Research and Development Act 1989
Fisheries Research and Development Corporation Amendment Regulations 2009
(No. 1)
Section 149 of the Primary Industries and Energy Research and Development Act 1989 (the Act) provides, in part, 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 (RDCs) to be established and named by way of regulations. In accordance with section 8, the Fisheries Research and Development Corporation (the FRDC) was established in respect of the fishing industry by the Fisheries Research and Development Corporation Regulations 1991 (the Principal Regulations).
Subsection 5(1) of the Act allows a levy to be attached to an RDC by way of regulations for raising research funds. Section 4(A) of the Principal Regulations attaches the levy imposed by section 5 of the Fishing Levy Act 1991 to the FRDC for this purpose.
Subsection 5(3) of the Act requires that, if a levy is attached to a RDC by way of regulation, then the regulations must declare the whole or a specified proportion of the levy to be the research component of the levy.
The Fisheries Research and Development Corporation Amendment Regulations 2009 (No. 1) amend the Principal Regulations to declare the proportion of the annual fishing levies collected by the Australian Fisheries Management Authority (AFMA) that are to be directed to the FRDC in the 2008-2009 financial year. As the proportion changes on an annual basis, the Principal Regulations also need to be amended each year.
AFMA collects levies from the fishing industry through the annual Fishing Levy Regulations. These levies are made up of two major components: the recoverable costs of fisheries management that are attributable to the fishing industry’s activities; and a contribution made to the FRDC for fishery research and development purposes.
The research component of the fishing levy is collected by AFMA and then paid to the FRDC by the Department of Agriculture, Fisheries and Forestry (DAFF). The Regulations provide DAFF with the appropriate authority to transfer the research component to the FRDC.
The research component for the 2008-2009 financial year as a proportion of the total fishing levies collected is 7.64 per cent. This is up from 7.51 per cent for the previous 2007-2008 financial year.
The Regulations commenced on the day after they were registered on the Federal Register of Legislative Instruments.
The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Consultation on the Regulations was not conducted due to the administrative and mechanical nature of the calculation of the research component of the levy, which implements existing government policy.
The Regulations
Details of the Regulations are below.
Regulation 1 sets out that the Regulations are to be referred to as the Fisheries Research and Development Corporation Amendment Regulations 2009 (No. 1).
Regulation 2 sets out that the Regulations shall commence the day after they are registered.
Regulation 3 states that the Regulations amend the Fisheries Research and Development Corporation Regulations 1991. The amendment inserts an additional subregulation under regulation 4A to update the research component of the levy for the 2008-09 financial year. A new subregulation is inserted every financial year to enable the collected funds to be paid to FRDC.
Schedule 1 [1] subregulation 4A (2I) sets the research component of the levies. This schedule provides the authority to collect payments of levy received prior to the creation of the regulation, so that the FRDC can receive the entire research component collected since 1 July 2008.
Overview
The Fisheries Research and Development Corporation Amendment Regulations 2009 (No. 1) were introduced to address the annual adjustment of the research component of fishing levies collected by the Australian Fisheries Management Authority (AFMA) and directed to the Fisheries Research and Development Corporation (FRDC) for research and development purposes in the fishing industry. Enacted under the authority of the Primary Industries and Energy Research and Development Act 1989, these regulations amend the Fisheries Research and Development Corporation Regulations 1991 to reflect the proportion of the annual fishing levies designated for FRDC funding. The policy objective is to ensure that the FRDC receives an appropriate share of the fishing levies for its research and development activities, with this share adjusted annually to reflect changes in the total levies collected. The Regulations were issued by the Minister for Agriculture, Fisheries and Forestry and commenced on the day after their registration on the Federal Register of Legislative Instruments.
Scope and Application
The Fisheries Research and Development Corporation Amendment Regulations 2009 (No. 1) applies to the Fisheries Research and Development Corporation (FRDC), which was established under the Primary Industries and Energy Research and Development Act 1989, and governs its funding through the fishing industry levy. These regulations are necessary for the annual adjustment of the proportion of the fishing levy that is designated as the research component and directed to the FRDC. The regulations are applicable nationally, as they relate to the collection and distribution of funds across the fishing industry in Australia, managed by the Australian Fisheries Management Authority (AFMA) and the Department of Agriculture, Fisheries and Forestry (DAFF). There are no specific exclusions or exemptions outlined in these regulations, though they are designed to implement existing government policy on levy components for research purposes. The application of these regulations can be extended or further defined through subordinate instruments, ensuring that the FRDC receives the correct proportion of the fishing levy each financial year.
Key Provisions
The Fisheries Research and Development Corporation Amendment Regulations 2009 (No. 1) serve to amend the existing Fisheries Research and Development Corporation Regulations 1991 (Principal Regulations), focusing on the adjustment of the research component of the fishing levies collected by the Australian Fisheries Management Authority (AFMA) for the 2008-2009 financial year. Regulation 1 names the Regulations as the Fisheries Research and Development Corporation Amendment Regulations 2009 (No. 1), while Regulation 2 specifies the commencement date, which is the day after the Regulations are registered. Regulation 3 clarifies that the Regulations amend the Principal Regulations by inserting a new subregulation under regulation 4A to update the research component of the levy for the specified financial year. This amendment ensures the FRDC receives the appropriate proportion of the fishing levies collected by AFMA. Schedule 1, subregulation 4A (2I) specifically sets the research component of the levies, ensuring that the FRDC can receive the entire research component collected since 1 July 2008.
These Regulations impose specific obligations on various parties involved in the collection and disbursement of the fishing levies. The AFMA is responsible for collecting the fishing levies from the fishing industry, which consist of recoverable costs attributable to the industry’s activities and a contribution for FRDC’s research and development purposes. The Department of Agriculture, Fisheries and Forestry (DAFF) is authorised to transfer the research component of the fishing levies to the FRDC. The FRDC, in turn, is tasked with utilising these funds for research and development activities within the fishing industry. These obligations ensure that the funds collected are appropriately directed to support the FRDC’s mandate.
The Regulations do not explicitly state any offences, penalties, or civil/criminal consequences for breach within the text. However, it is implied that failure to comply with these Regulations could result in the FRDC not receiving the necessary funds for its research and development activities, potentially impacting its operations and the research initiatives it supports within the fishing industry. Non-compliance by AFMA or DAFF in their respective roles could similarly lead to administrative or procedural repercussions, although specific penalties are not outlined in the provided text. The primary focus of the Regulations is on ensuring the accurate collection and transfer of the fishing levies to support the FRDC's functions.