Forestry Marketing and Research and Development Services Regulations 2008

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au F2008L03701 Regulations Not in force Legislative Instrument

Legislation content

Forestry Marketing and Research and Development Services Regulations 2008

Select Legislative Instrument No. 207, 2008

made under the

Forestry Marketing and Research and Development Services Act 2007

Compilation No. 1

Compilation date:   17 December 2015

Includes amendments up to: SLI No. 220, 2015

Registered:    12 February 2016

 

About this compilation

This compilation

This is a compilation of the Forestry Marketing and Research and Development Services Regulations 2008 that shows the text of the law as amended and in force on 17 December 2015 (the compilation date).

This compilation was prepared on 1 February 2016.

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on ComLaw (www.comlaw.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on ComLaw for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on ComLaw for the compiled law.

Selfrepealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

1 Name of Regulations

2 Commencement

3 Definitions

4 Taxrelated amounts—forest growers levy

4A Amounts towards limit for matching payments

5 Gross value of production

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

 

 

 

1  Name of Regulations

  These Regulations are the Forestry Marketing and Research and Development Services Regulations 2008.

2  Commencement

  These Regulations commence on the day after they are registered.

3  Definitions

  In these Regulations:

Act means the Forestry Marketing and Research and Development Services Act 2007.

logs means logs that are delivered to a mill or exported and that have not undergone any form of processing other than:

 (a) debarking; or

 (b) any other process prescribed by regulations made for the purposes of paragraph (b) of the definition of logs in clause 1 of Schedule 10 to the Primary Industries (Excise) Levies Act 1999.

mill means premises at which logs are subjected to a process other than, or in addition to, a process of a kind referred to in paragraph (a) or (b) of the definition of logs in this regulation.

4  Tax‑related amounts—forest growers levy

  Amounts of levy imposed under clause 8.2 of Part 8 of Schedule 27 to the Primary Industries (Excise) Levies Regulations 1999 are identified for the purposes of paragraph (c) of the definition of taxrelated amounts in section 4 of the Act.

4A  Amounts towards limit for matching payments

  For paragraph 9(3)(b) of the Act, the following amounts are prescribed:

 (a) for the financial year commencing on 1 July 2015—$480 000;

 (b) for the financial year commencing on 1 July 2016—$1 152 000;

 (c) for the financial year commencing on 1 July 2017—$1 382 000;

 (d) for a financial year commencing on or after 1 July 2018—$1 659 000.

5  Gross value of production

 (1) For subsection 9 (5) of the Act, the Minister must determine the gross value of production of the Australian forestry industry, for a financial year (the relevant financial year), by using the following formula:

  

where:

GVPI is the gross value of production of the industry for the relevant financial year.

A is the estimated value of logs to be produced in the relevant financial year.

B is the value of logs produced in the financial year immediately before the relevant financial year (the previous financial year).

C is the value of logs produced in the financial year immediately before the previous financial year.

 (2) For subregulation (1), a reference to the value of logs produced or to be produced in a financial year is a reference to:

 (a) the gross value of logs produced in Australia in that year by the Australian forestry industry as shown in the official statistics supplied by the Australian Bureau of Agricultural and Resource Economics; or

 (b) the estimated gross value of logs produced or to be produced in Australia in that year by the Australian forestry industry as shown in the official statistics supplied by the Australian Bureau of Agricultural and Resource Economics.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnotes about misdescribed amendments and other matters are included in a compilation only as necessary.

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2—Abbreviation key

 

A = Act

o = order(s)

ad = added or inserted

Ord = Ordinance

am = amended

orig = original

amdt = amendment

par = paragraph(s)/subparagraph(s)

c = clause(s)

    /subsubparagraph(s)

C[x] = Compilation No. x

pres = present

Ch = Chapter(s)

prev = previous

def = definition(s)

(prev…) = previously

Dict = Dictionary

Pt = Part(s)

disallowed = disallowed by Parliament

r = regulation(s)/rule(s)

Div = Division(s)

Reg = Regulation/Regulations

exp = expires/expired or ceases/ceased to have

reloc = relocated

    effect

renum = renumbered

F = Federal Register of Legislative Instruments

rep = repealed

gaz = gazette

rs = repealed and substituted

LI = Legislative Instrument

s = section(s)/subsection(s)

LIA = Legislative Instruments Act 2003

Sch = Schedule(s)

(md) = misdescribed amendment can be given

Sdiv = Subdivision(s)

    effect

SLI = Select Legislative Instrument

(md not incorp) = misdescribed amendment

SR = Statutory Rules

    cannot be given effect

SubCh = SubChapter(s)

mod = modified/modification

SubPt = Subpart(s)

No. = Number(s)

underlining = whole or part not

 

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Number and year

FRLI registration or gazettal

 

Commencement

Application, saving and transitional provisions

207, 2008

20 Oct 2008 (F2008L03701)

21 Oct 2008 (r 2)

 

220, 2015

16 Dec 2015 (F2015L02038)

17 Dec 2015 (s 2(1) item 1)

 

Endnote 4—Amendment history

 

Provision affected

How affected

r 4A....................

ad No 220, 2015

 

Overview

The Forestry Marketing and Research and Development Services Regulations 2008 were introduced to provide detailed rules and procedures under the Forestry Marketing and Research and Development Services Act 2007, aimed at enhancing the marketing and research capabilities of the forestry industry in Australia. These regulations were enacted by the Parliament of Australia and are designed to support the policy objective of improving the efficiency and effectiveness of forestry marketing and research activities. The regulations establish the framework for levy collection, define key terms such as "logs" and "mill," and outline the formula for calculating the gross value of production for the forestry industry. These provisions are intended to ensure that the industry can effectively contribute to the levy and benefit from the research and development services provided under the Act. The regulations came into force on the day after their registration and have been subject to amendments to adapt to changing industry needs and legislative requirements.

Scope and Application

The Forestry Marketing and Research and Development Services Regulations 2008 apply to the implementation and administration of the Forestry Marketing and Research and Development Services Act 2007, specifically concerning the imposition and collection of levies and the allocation of funds for marketing, research, and development services within the Australian forestry industry. These Regulations affect forest growers, processors, exporters, and other entities involved in the production and processing of logs in Australia. The scope of the Act is national, with the Commonwealth having jurisdiction over the regulation and collection of the specified levies. The Regulations establish the methodology for determining the gross value of production of the forestry industry and set the limits for matching payments, thereby influencing the allocation of funds for marketing, research, and development services. There are no stated exclusions or exemptions within the scope of these Regulations, although the application of the Act may be extended or restricted through subordinate instruments. The Regulations came into effect on 21 October 2008, with subsequent amendments made on 17 December 2015, which are detailed in the endnotes of the legislative instrument.

Key Provisions

The Forestry Marketing and Research and Development Services Regulations 2008 (F2008L03701) provide specific requirements and definitions under the Forestry Marketing and Research and Development Services Act 2007. These Regulations cover various aspects such as the definition of terms, the levy amounts, and the method for calculating the gross value of production in the forestry industry. For instance, Regulation 3 provides definitions for key terms such as 'logs', which are logs delivered to a mill or exported that have not undergone processing beyond debarking or other prescribed processes (r 3). Regulation 4 identifies the levy amounts imposed under the Primary Industries (Excise) Levies Regulations 1999 as tax-related amounts for the purposes of the Act (r 4). Additionally, Regulation 5 outlines a formula for the Minister to use in determining the gross value of production of the forestry industry, based on official statistics from the Australian Bureau of Agricultural and Resource Economics (r 5). The obligations under these Regulations include ensuring that the forestry industry adheres to the defined terms and processes, and that levies and production values are accurately calculated and reported. For instance, entities involved in the forestry industry must ensure that logs processed beyond the defined limits are correctly classified and reported. The Regulations also mandate that the Minister must follow the specified formula to determine the gross value of production, ensuring consistency and accuracy in reporting. Breaches of these Regulations can result in various consequences. While the specific offences and penalties are not detailed in the provided excerpt, it is common for legislative instruments of this nature to include provisions for fines, legal action, or other penalties for non-compliance. These penalties serve to enforce adherence to the stipulated processes and definitions, thereby maintaining the integrity of the forestry industry's reporting and levy systems. The maximum penalties would typically be outlined in the Act itself or in related legislation, but they are not specified in this particular legislative instrument.

Legal classification tags

Area of Law
Environmental Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
Regulatory Standards

Interactions

Authorises

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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.