Forestry Marketing and Research and Development Services Amendment Regulation 2015

Administered by Department of Agriculture

Legislation au F2015L02038 Regulations Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

SELECT LEGISLATIVE INSTRUMENT No. 220, 2015

 

Issued by Authority of the Parliamentary Secretary to the Minister for Agriculture and Water Resources

 

Forestry Marketing and Research and Development Services Act 2007

 

Forestry Marketing and Research and Development Services Amendment Regulation 2015

 

 

Legislative Authority

 

Section 16 of the Forestry Marketing and Research and Development Services Act 2007 (the Act) provides that the Governor-General may make regulations prescribing matters required or permitted by the Act to be prescribed, or necessary and convenient to be prescribed for carrying out or giving effect to the Act.

 

Purpose

 

The purpose of the Forestry Marketing and Research and Development Services Amendment Regulation 2015 (the Regulation) is to amend the Forestry Marketing and Research and Development Services Regulations 2008 (2008 Regulations) to facilitate the Commonwealth providing matching payments, up to a specified annual limit, for voluntary contributions made to Forest and Wood Products Australia (FWPA) for eligible Research and Development (R&D) activities.

 

The aim of providing additional appropriation for matching payments for voluntary contributions is to induce and facilitate socially valuable R&D in the Australian forest and wood products sector that would not otherwise be undertaken.

 

FWPA is the declared industry services body for the Australian forestry industry under the Act. The Act provides for the Commonwealth and the industry services body to enter into a funding contract. The funding contract enables FWPA to receive forestry service payments, which include levies imposed and received by the Commonwealth. FWPA also receives funds from other sources, such as contractual payments by State government entities. The funding contract also enables the Commonwealth to provide matching payments which must be spent by FWPA on R&D activities for the benefit of the Australian forestry industry and the Australian community generally.

 

The Act was amended in 2013 to enable the Commonwealth to match voluntary contributions made to FWPA by entities other than the Commonwealth. Specifically, subsection 9(3) of the Act was amended to allow regulations to prescribe additional amounts to be included in the overall limit on appropriations for matching payments. These additional amounts will ensure that there is an appropriation for the Commonwealth to make matching payments for voluntary contributions made to FWPA for eligible R&D activities.

 

The annual limits on the retention of matching payments to FWPA still apply and are set out in subsection 9(4) of the Act.

 

The accountability and public good requirements associated with this new funding will be addressed through a revision to the funding contract between the Commonwealth and FWPA. The current funding contract, Agreement 2012-17 between the Commonwealth of Australia and Forest and Wood Products Australia Limited for the purposes of the Forestry Marketing and Research and Development Services Act 2007, is available at www.fwpa.com.au.

 

Consultation

 

Relevant agencies were consulted during the process of gaining policy authority for the change to the regulations.

 

As the implementing entity, FWPA was consulted on the conditions that will apply to the Commonwealth matching voluntary contributions.

 

The Office of Best Practice Regulation (OBPR) was consulted and a Regulatory Impact Statement was completed (OBPR reference number 19064).

 

Details/Operation

 

Details of the Regulation are set out in Attachment A.

 

The Regulation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.

 

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 B.

Attachment A

Details of the Forestry Marketing and Research and Development Services Amendment Regulation 2015

 

Section 1 – Name

 

This section provides that the name of the Regulation is the Forestry Marketing and Research and Development Services Amendment Regulation 2015.

 

Section 2 – Commencement

 

This section provides for the Regulation to commence on the day after registration.

 

Section 3 – Authority

 

This section provides that the Regulation is made under the Forestry Marketing and Research and Development Services Act 2007.

 

Section 4 – Schedules

 

This section provides that the Forestry Marketing and Research and Development Services Regulations 2008 are amended as set out in Schedule 1.

 

Schedule 1 – Amendments

 

Item 1 inserts:

4A  Amounts towards limit for matching payments

 

This section prescribes additional amounts based on financial year for the purposes of determining the total limit on the appropriation for matching payments in accordance with subsection 9(3) of the Act. This will facilitate the Commonwealth providing matching payments for voluntary contributions made to Forest and Wood Products Australia for eligible research and development activities.


Attachment B

 

Statement of Compatibility with Human Rights

 

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Forestry Marketing and Research and Development Services Amendment Regulation 2015

 

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 Regulation prescribes additional amounts to be included in the total limit on the appropriation for matching payments set out in subsection 9(3) of the Forestry Marketing and Research and Development Services Act 2007. This facilitates the Commonwealth providing matching payments, up to a specified annual limit, for voluntary contributions made to Forest and Wood Products Australia for eligible research and development activities, in order to induce and facilitate investment in socially valuable research and development activities that would not otherwise be undertaken.

 

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.

 

 

Senator the Hon. Anne Ruston

Parliamentary Secretary to the Minister for Agriculture and Water Resources

 

 

 

Overview

The Forestry Marketing and Research and Development Services Amendment Regulation 2015 is a legislative instrument enacted to amend the Forestry Marketing and Research and Development Services Regulations 2008. This regulation was introduced to facilitate the Commonwealth providing matching payments, up to a specified annual limit, for voluntary contributions made to Forest and Wood Products Australia (FWPA) for eligible research and development activities. The objective of this regulation is to encourage and enable socially valuable research and development in the Australian forestry industry that might not otherwise occur. This initiative aims to supplement existing funding mechanisms to support industry-led research initiatives that benefit both the forestry sector and the broader Australian community. The regulation was made under the authority of Section 16 of the Forestry Marketing and Research and Development Services Act 2007 and was issued by the Parliamentary Secretary to the Minister for Agriculture and Water Resources. The Forestry Marketing and Research and Development Services Act 2007 itself was established to provide a framework for funding forestry marketing and research and development services in Australia. The Act enables the Commonwealth and FWPA to enter into a funding contract, allowing for the disbursement of forestry service payments and matching payments for research and development activities. The amendment in 2015, through the Forestry Marketing and Research and Development Services Amendment Regulation 2015, specifically targets the enhancement of these funding provisions to better support industry-led research initiatives. The regulation was developed in consultation with relevant agencies, including FWPA, and in compliance with the requirements set out in the Legislative Instruments Act 2003 and the Human Rights (Parliamentary Scrutiny) Act 2006.

Scope and Application

The Forestry Marketing and Research and Development Services Amendment Regulation 2015 amends the Forestry Marketing and Research and Development Services Regulations 2008 to facilitate the Commonwealth providing matching payments for voluntary contributions made to Forest and Wood Products Australia for eligible research and development activities. This regulation applies to the Commonwealth and Forest and Wood Products Australia, the declared industry services body for the Australian forestry industry under the Forestry Marketing and Research and Development Services Act 2007. The Act and its regulations apply across the Commonwealth of Australia, impacting entities involved in the forestry industry. The Regulation prescribes additional amounts to be included in the overall limit on appropriations for matching payments, ensuring there is an appropriation for the Commonwealth to match voluntary contributions made to FWPA for eligible research and development activities, thereby encouraging investment in socially valuable research and development activities. The regulation was developed following consultations with relevant agencies and Forest and Wood Products Australia. The Regulation is compatible with human rights as it does not engage any applicable rights or freedoms.

Key Provisions

The Forestry Marketing and Research and Development Services Amendment Regulation 2015 (the Regulation) introduces specific provisions under the Forestry Marketing and Research and Development Services Act 2007 (the Act). Section 4A inserted by the Regulation prescribes additional amounts to be included in the overall limit on appropriations for matching payments. This is to facilitate the Commonwealth's provision of matching payments for voluntary contributions made to Forest and Wood Products Australia (FWPA) for eligible research and development activities, as outlined in section 9(3) of the Act. The amounts are prescribed based on financial years, ensuring there is a specific appropriation limit for each year. The Regulation, as noted in section 2, commences on the day after its registration. The Act imposes obligations on both the Commonwealth and FWPA, as the declared industry services body for the Australian forestry industry. The Commonwealth is required to provide matching payments for voluntary contributions made to FWPA, provided these contributions are for eligible research and development activities. FWPA, in turn, must ensure that these matching payments are spent on activities that benefit the Australian forestry industry and the community at large. The obligations are detailed in the funding contract between the Commonwealth and FWPA, which also includes provisions for accountability and public good. The Regulation does not explicitly outline specific offences or penalties for non-compliance. However, breaches of the terms and conditions of the funding contract between the Commonwealth and FWPA could potentially lead to civil or administrative consequences. These might include the withholding of further payments or legal action to enforce compliance with the contract terms. It is important to note that the specific consequences would be governed by the terms of the funding contract itself, rather than the Regulation.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.