Forest and Wood Products Research and Development Corporation Regulations 1993
Statutory Rules 1993 No. 209 as amended
made under the
Primary Industries and Energy Research and Development Act 1989
This compilation was prepared on 1 July 2001
taking into account amendments up to SR 2001 No. 131
Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra
Contents
Page
1 Name of Regulations [see Note 1]
2 Commencement
3 Interpretation
4 Establishment of Forest and Wood Products Research and Development Corporation
5 Levy attached to the Corporation
6 Gross value of production
Notes
1 Name of Regulations [see Note 1]
These Regulations are the Forest and Wood Products Research and Development Corporation Regulations 1993.
2 Commencement
These Regulations commence on 1 January 1994.
3 Interpretation
(1) In these Regulations, unless the contrary intention appears:
Act means the Primary Industries and Energy Research and Development Act 1989.
Corporation means the Corporation declared by regulation 4 to be established.
forest and wood products industry means the industry concerned with growing, harvesting, processing and marketing wood or wood fibre.
leviable logs means logs on which a levy mentioned in subregulation 5 (1) is imposed.
logs has the same meaning as in Schedule 10 to the Primary Industries (Excise) Levies Act 1999.
4 Establishment of Forest and Wood Products Research and Development Corporation
For section 8 of the Act, an R & D Corporation, to be known as the Forest and Wood Products Research and Development Corporation, is declared to be established in respect of the forest and wood products industry.
5 Levy attached to the Corporation
(1) For paragraph 5 (1) (a) of the Act, the following levies are attached to the Corporation:
(a) levy imposed by clause 2 of Schedule 10 to the Primary Industries (Excise) Levies Act 1999;
(b) charge imposed by clause 2 of Schedule 7 to the Primary Industries (Customs) Charges Act 1999;
(c) charge imposed by clause 2 of Schedule 8 to the Primary Industries (Customs) Charges Act 1999.
(2) For paragraph 5 (3) (a) of the Act, the whole of each of those levies is the research component.
(3) For paragraph 5 (3) (b) of the Act, the forest and wood products industry is the primary industry to which each levy relates.
6 Gross value of production
(1) For subsection 32 (2) of the Act, the Minister must determine the gross value of production, for a financial year (the relevant financial year), of logs produced in Australia by the forest and wood products industry and in respect of which a levy has been attached to the Corporation, by using:
where:
A is the estimated value of the leviable logs to be produced in the relevant financial year.
B is the value of the leviable logs produced in the financial year immediately before the relevant financial year (the previous financial year).
C is the value of the leviable logs produced in the financial year immediately before the previous financial year.
(2) In subregulation (1), a reference to the value of leviable logs produced or to be produced in Australia in a financial year is a reference to:
(a) the gross value of leviable logs produced in Australia in that year by the forest and wood products industry as shown in the official statistics supplied by the Australian Bureau of Agriculture and Resource Economics; or
(b) the estimated gross value of leviable logs produced or to be produced in Australia in that year by the forest and wood products industry as shown in the official statistics supplied by the Australian Bureau of Agriculture and Resource Economics.
Notes to the Forest and Wood Products Research and Development Corporation Regulations 1993
Note 1
The Forest and Wood Products Research and Development Corporation Regulations 1993 (in force under the Primary Industries and Energy Research and Development Act 1989) as shown in this compilation comprise Statutory Rules 1993 No. 209 amended as indicated in the Tables below.
Table of Statutory Rules
Year and
number | Date of notification
in Gazette | Date of
commencement | Application, saving or
transitional provisions |
1993 No. 209 | 3 Aug 1993 | 1 Jan 1994 | |
1994 No. 203 | 28 June 1994 | 1 July 1994 | — |
2001 No. 131 | 20 June 2001 | 1 July 2001 | — |
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
Provision affected | How affected |
R. 1................. | rs. 2001 No. 131 |
R. 3................. | am. 1994 No. 203; 2001 No. 131 |
R. 4................. | am. 2001 No. 131 |
R. 5................. | ad. 1994 No. 203 |
| am. 2001 No. 131 |
R. 6................. | ad.1994 No. 203 |
| rs. 2001 No. 131 |
Overview
The Forest and Wood Products Research and Development Corporation Regulations 1993, made under the Primary Industries and Energy Research and Development Act 1989, were introduced to facilitate the establishment of a dedicated research and development corporation for the forest and wood products industry. These regulations, which commenced on 1 January 1994, were designed to ensure that the Corporation, known as the Forest and Wood Products Research and Development Corporation, effectively addresses the specific research and development needs of the industry. The regulations detail the establishment of the Corporation, the specific levies attached to it, and the methodology for determining the gross value of production of logs produced in Australia, all of which are intended to support the industry's growth and innovation. The policy objective is to enhance the competitiveness and sustainability of the forest and wood products industry through targeted research and development activities.
Scope and Application
The Forest and Wood Products Research and Development Corporation Regulations 1993, made under the Primary Industries and Energy Research and Development Act 1989, establish the Forest and Wood Products Research and Development Corporation as an R&D Corporation specifically for the forest and wood products industry. This industry encompasses the activities related to growing, harvesting, processing, and marketing wood or wood fibre. The Regulations, which commenced on 1 January 1994, outline the levies attached to the Corporation, including those imposed under the Primary Industries (Excise) Levies Act 1999 and the Primary Industries (Customs) Charges Act 1999, and mandate that the entirety of these levies constitutes the research component. The application of these levies is geographically focused on Australia and pertains to the production of logs by the forest and wood products industry, as determined by the Minister using specific valuation metrics provided by the Australian Bureau of Agriculture and Resource Economics. The Regulations are subject to amendments, as evidenced by their amendment history, which reflects adjustments made in 1994 and 2001, indicating a dynamic approach to managing and evolving the legislative framework to suit the needs of the industry.
Key Provisions
The Forest and Wood Products Research and Development Corporation Regulations 1993 establish the framework for the operation of the Forest and Wood Products Research and Development Corporation (section 4). This Corporation is mandated to undertake research and development activities within the forest and wood products industry, with specific levies attached to it for this purpose (section 5). These levies include a levy imposed by the Primary Industries (Excise) Levies Act 1999, and charges imposed by the Primary Industries (Customs) Charges Act 1999. The entirety of these levies constitutes the research component, with the forest and wood products industry being the primary industry to which they relate (section 5(1) and (2)). The gross value of production for logs produced in Australia by this industry is determined by the Minister using a formula based on the values of leviable logs from the current and previous two financial years (section 6).
The regulations impose several obligations on the Corporation and the Minister. The Corporation is tasked with carrying out research and development activities in line with the provisions of the Primary Industries and Energy Research and Development Act 1989. The Minister, on the other hand, must determine the gross value of production for logs produced in Australia annually, as specified in section 6. This determination is crucial for the allocation of funds derived from the levies attached to the Corporation. Furthermore, the Corporation must ensure that its activities are consistent with the objectives of the Act and any other relevant legislative requirements.
Breaches of the provisions set forth in these Regulations can lead to various consequences. While the specific offences and penalties are not explicitly detailed in the provided excerpt, it is reasonable to infer that non-compliance with the regulatory requirements could result in civil or criminal penalties under the Primary Industries and Energy Research and Development Act 1989. The Act itself may outline the potential penalties for non-compliance, which could include fines or other sanctions. The precise nature and severity of these penalties would depend on the specific breach and the discretion of the courts or relevant authorities in enforcing the Act and its subsidiary regulations.