Fisheries Research and Development Corporation Regulations (Amendment) 1992 No. 17
EXPLANATORY STATEMENT
Statutory Rules 1992 No. 17
Issued by the authority of the Minister for Primary Industries and Energy
Primary Industries and Energy Research and Development Act 1989
Fisheries Research and Development Corporation Regulations (Amendment)
Subsection 149(1) of the Primary Industries and Energy Research and Development Act 1989 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.
Section 8 of the Act provides for the establishment by regulation of a Research and Development Corporation in respect of a primary industry or class of primary industries and for the Corporation to be known by the name specified in the regulations and under this section the Fisheries Research and Development Corporation was established by Statutory Rule 1991 No. 91.
The Fisheries Legislation (Consequential Amendments) Act 1991 which came into effect on 3 February 1992, amends the Act by specifying the proportion of Gross Value of Production that is to be paid to a Research and Development Corporation.
Paragraph 5(1)(a) of the Act provides that certain levies may be declared by Regulation as attached to a Research and Development Corporation. The primary purpose of the Regulations is to attach to the Corporation levies imposed under the Fisheries Levy Act 1984, Fishing Levy Act 1991 and the Foreign Fishing Licences Levy Act 1991 and to then specify the proportion of those levies, based on the GVP, designated for Research. Amendments are also made to terminology in the Regulation.
Details of the Regulations are set out below.
Regulation 1 provides for the regulations to commence at the same time as the Fisheries Legislation (Consequential provisions) Act 1991.
Regulation 2 provides for amendment of the principal Regulations.
Regulation 3 defines terms used in the proposed regulations.
Regulation 4 substitutes "fishing industry" in place of "fisheries industry" in line with current terminology.
Regulation 5 prescribes the levies that the corporation controls as well as the research proportion of the total levies. This section also specifies the formulae for determining the total value of production of the fishing industry and the Commonwealth managed component.
Regulation 6 substitutes "fishing industry" in place of "fisheries industry" in line with current terminology.
Regulation 7 substitutes "fishing industry" in place of "fisheries industry" in line with current terminology.
The Regulations commenced at the same time as the Fisheries Legislation (Consequential Provisions) Act 1991.
Overview
The Fisheries Research and Development Corporation Regulations (Amendment) 1992 No. 17 was enacted to address the need for updated regulations concerning the levies attached to the Fisheries Research and Development Corporation, which was established under the Primary Industries and Energy Research and Development Act 1989. The Minister for Primary Industries and Energy authorised these regulations to ensure that the Corporation could effectively manage the levies imposed under the Fisheries Levy Act 1984, Fishing Levy Act 1991, and the Foreign Fishing Licences Levy Act 1991. This amendment was necessary to align the terminology with the current usage and to specify the proportion of these levies to be designated for research purposes. The objective of these regulations is to provide a clear framework for the collection and allocation of the relevant levies to support research within the fishing industry.
Scope and Application
The Fisheries Research and Development Corporation Regulations (Amendment) 1992 No. 17 applies to the Fisheries Research and Development Corporation, established under the Primary Industries and Energy Research and Development Act 1989. These Regulations amend the principal Fisheries Research and Development Corporation Regulations to align the terminology with current usage and to specify the levies that the Corporation controls, including those imposed under the Fisheries Levy Act 1984, Fishing Levy Act 1991, and the Foreign Fishing Licences Levy Act 1991. This includes determining the proportion of these levies that are designated for research based on the Gross Value of Production (GVP) of the fishing industry. The amendments also involve substituting terms such as "fishing industry" for "fisheries industry" to reflect current terminology. These Regulations commenced concurrently with the Fisheries Legislation (Consequential Provisions) Act 1991, thereby extending their application nationally across the fishing industry within Australia.
Key Provisions
The Fisheries Research and Development Corporation Regulations (Amendment) 1992 No. 17EXPLANATORY STATEMENT Statutory Rules 1992 No. 17, issued under the authority of the Minister for Primary Industries and Energy, amend the Primary Industries and Energy Research and Development Act 1989. These regulations pertain to the Fisheries Research and Development Corporation, which was established by Statutory Rule 1991 No. 91 under section 8 of the Act. Regulation 1 stipulates that these regulations will commence on the same date as the Fisheries Legislation (Consequential Provisions) Act 1991, ensuring a coordinated implementation. Regulation 2 addresses the amendments to the principal regulations, providing the necessary updates to align with the changes introduced by the Fisheries Legislation (Consequential Amendments) Act 1991. Regulation 3 provides definitions for terms used in the regulations, ensuring clarity and consistency in their application. Regulations 4, 6, and 7 update the terminology from "fisheries industry" to "fishing industry" to reflect current nomenclature.
These regulations impose specific obligations on the Fisheries Research and Development Corporation. Under Regulation 5, the Corporation is mandated to manage the levies attached to it, as specified in the Fisheries Levy Act 1984, Fishing Levy Act 1991, and the Foreign Fishing Licences Levy Act 1991. The Corporation must determine the proportion of these levies allocated to research based on the Gross Value of Production (GVP) and the Commonwealth managed component. This ensures that the Corporation operates within the parameters set by the legislation and contributes effectively to research initiatives. The amendments in Regulations 4, 6, and 7 ensure that the terminology used in the regulations is consistent with the latest industry standards, facilitating better communication and compliance.
The regulations do not explicitly outline specific offences, penalties, or consequences for breaches. However, failure to comply with the requirements set out in the Primary Industries and Energy Research and Development Act 1989 or the Fisheries Research and Development Corporation Regulations could potentially lead to legal consequences. These may include enforcement actions, fines, or other penalties as prescribed under the overarching Act or other relevant legislation. The precise penalties would depend on the nature and severity of the breach, as well as the provisions of the Primary Industries and Energy Research and Development Act 1989 and any related statutes. It is important for the Corporation to adhere strictly to the regulatory requirements to avoid any potential legal repercussions.