Forest and Wood Products Research and Development Corporation Regulations (Amendment) 1994 No. 203
EXPLANATORY STATEMENT
STATUTORY RULES 1994 No. 203
Issued by the Authority of the Minister for Resources
Primary Industries and Energy Research and Development Act 1989
Forest and Wood Products 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, not inconsistent with the Act, prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
A Forest and Wood Products Research and Development Corporation was established by regulation under the Act with effect from 1 January 1994, in keeping with the Government's intention announced in the National Forest Policy Statement of December 1992.
Section 5 of the Act provides for a declaration by regulations as to the levies to be attached to the Corporation. The whole of the levies to be imposed by section 5 of the Forest Industries Research Levies Act 1993 and the charges imposed by section 5 of the Forest Industries Research Export Charge Act 1993 and section 5 of the Forest Industries Research Import Charge Act 1993 are attached to the Corporation by the regulations under this provision.
Section 32 of the Act provides that the Commonwealth's contribution to the Corporation must not exceed 0.25% of the gross value of production determined by the Minister for the forest and wood products industries for that financial year. Section 32 of the Act also provides for the manner in which the Minister determines the gross value of production of goods to be provided by regulations.
Details of the regulations are as follows:
Regulation 1 provides for the regulations to commence on 1 July 1994.
Regulation 2 provides for the existing regulations to be amended.
Regulation 3 provides additional definitions of terms to be inserted into Regulation 3 of the existing regulations.
Regulation 4 inserts new regulations after Regulation 4 (Establishment of the Forest and Wood Products Research and Development Corporation) in the existing regulations. New Regulation 5 declares the research levies and charges imposed by section 5 of the Forest Industries Research Levy Bill 1993, section 5 of the Forest Industries Research Export Charge Act 1993 and section 5 of the Forest Industries Research Import Charge Act 1993 to be attached to the Corporation and the forest and wood products industries to be the primary industry to which the levies and charges relate. New regulation 6 provides for the method to be used to calculate the gross value of production for the forest and wood products industry.
Overview
The Forest and Wood Products Research and Development Corporation Regulations (Amendment) 1994 No. 203 were enacted to align with the establishment of the Forest and Wood Products Research and Development Corporation, pursuant to the Primary Industries and Energy Research and Development Act 1989. This legislation was introduced to address the need for targeted research and development in the forest and wood products sector, as announced in the National Forest Policy Statement of December 1992. The regulations were issued under the authority of the Minister for Resources, Primary Industries and Energy, and the primary objective of these regulations was to specify the levies and charges to be attached to the Corporation, as well as to determine the method for calculating the gross value of production for the forest and wood products industry. These amendments ensure that the Corporation could effectively operate and fulfill its mandate to support research and development in the sector.
Scope and Application
The Forest and Wood Products Research and Development Corporation Regulations (Amendment) 1994 No. 203 applies to the Forest and Wood Products Research and Development Corporation established under the Primary Industries and Energy Research and Development Act 1989. The regulations amend existing provisions to align with the Act, specifically addressing the levies and charges imposed on the forest and wood products industry. This legislation applies to entities within the forest and wood products sector, ensuring they contribute to the Corporation through prescribed levies and charges as outlined in the Forest Industries Research Levy Act 1993, Forest Industries Research Export Charge Act 1993, and Forest Industries Research Import Charge Act 1993. The regulations have a Commonwealth reach and are designed to ensure the Corporation’s funding does not exceed 0.25% of the gross value of production of the forest and wood products industry, as determined by the Minister. The scope of the amendment is confined to the operational and financial frameworks of the Corporation, without specifying exclusions or thresholds beyond those outlined in the primary Act.
Key Provisions
The Forest and Wood Products Research and Development Corporation Regulations (Amendment) 1994 No. 203 primarily modifies existing regulations to align with the establishment of the Forest and Wood Products Research and Development Corporation under the Primary Industries and Energy Research and Development Act 1989 (the Act). Regulation 1 establishes the commencement date of these amendments as 1 July 1994. Regulation 2 details the amendments to existing regulations, while Regulation 3 introduces additional definitions that clarify the terms used in the regulations. Regulation 4 inserts new regulations following Regulation 4 of the existing regulations, which establishes the Corporation. Notably, Regulation 5 declares that the research levies and charges imposed by the Forest Industries Research Levy Bill 1993, the Forest Industries Research Export Charge Act 1993, and the Forest Industries Research Import Charge Act 1993 are to be attached to the Corporation. Additionally, Regulation 6 outlines the methodology for calculating the gross value of production for the forest and wood products industry.
These regulations impose several obligations on the parties involved. Firstly, the Corporation must collect and manage the levies and charges as specified by the regulations. The Corporation is also mandated to ensure that the levies and charges are applied correctly to the forest and wood products industry. The Minister for the forest and wood products industries is responsible for determining the gross value of production, which is a critical factor in calculating the contributions and levies. Furthermore, the Commonwealth’s contribution to the Corporation is capped at 0.25% of the gross value of production, as stipulated in Section 32 of the Act. The Minister must adhere to the prescribed method for determining this gross value, ensuring transparency and consistency in the calculation process.
Failure to comply with the provisions of these regulations may result in various consequences. While the specific offences, penalties, and civil or criminal consequences are not detailed in the explanatory statement, breaches of regulations under the Act could potentially lead to fines, legal actions, or other enforcement measures as stipulated by the primary legislation. The severity of penalties would depend on the nature and extent of the breach, with potential maximum penalties being determined by the relevant provisions of the Primary Industries and Energy Research and Development Act 1989. It is essential for all parties to adhere to these regulations to avoid any legal repercussions and to ensure the effective functioning of the Corporation.