Grains Research and Development Corporation Amendment Regulations 1999 (No. 1)

Overview

The Grains Research and Development Corporation Amendment Regulations 1999 (No. 1) were enacted to facilitate the transition to new levy arrangements under the Primary Industries (Excise) Levies Act 1999. These regulations were introduced by the Governor-General, acting on the authority of the Minister for Agriculture, Fisheries and Forestry, to ensure that the Grains Research and Development Corporation (GRDC) complies with the new legislative framework established by the Excise Act. The policy objective of these regulations is to align the GRDC’s operations with the updated legislative requirements, thereby maintaining the integrity and effectiveness of the funding and administration of research and development activities in the grains sector. The regulations amend the GRDC Regulations to correctly reference the Excise Act from 1 July 1999, ensuring that the associated levies are properly attached to the GRDC in accordance with the new legislative provisions.

Scope and Application

The Grains Research and Development Corporation Amendment Regulations 1999 (No. 1) are intended to align the Grain Research and Development Corporation (GRDC) with the new levy arrangements specified under the Primary Industries (Excise) Levies Act 1999, effective from 1 July 1999. These regulations are issued under the authority of the Minister for Agriculture, Fisheries and Forestry, pursuant to the enabling provision in section 149 of the Primary Industries and Energy Research and Development Act 1989. The GRDC, established under section 8 of the Act, facilitates research and development activities for primary industries, and these regulations specifically update the references in the GRDC Regulations to reflect the changes in the Excise Act and associated levies. This legislative amendment ensures that the GRDC operates in accordance with the new fiscal framework, thereby maintaining the integrity and efficacy of the research and development funding mechanisms for the grains industry.

Key Provisions

The Grains Research and Development Corporation Amendment Regulations 1999 (No. 1) primarily amend the references in the existing GRDC Regulations to align with the new levy arrangements under the Primary Industries (Excise) Levies Act 1999 (Excise Act). Section 3 of the regulations updates the references in the GRDC Regulations to correctly reflect the Excise Act from 1 July 1999, ensuring the levy and associated fees are in accordance with the new legislative framework. The changes are designed to facilitate the transition to the new system without disrupting the operations or funding mechanisms of the Grains Research and Development Corporation (GRDC). These regulations impose specific obligations on the GRDC and levy payers to ensure compliance with the updated legislative requirements. The GRDC must now adhere to the levies and fee structures outlined in the Excise Act, while levy payers must ensure their payments align with these new parameters. This includes updating internal systems and documentation to reflect the new legal requirements, ensuring that the transition is smooth and that all parties are aware of their obligations under the amended regulations. Breaches of these regulations could lead to significant consequences. Although the regulations themselves do not explicitly detail offences or penalties, non-compliance with the levies outlined in the Excise Act could result in penalties under that Act. The Excise Act provides for a range of penalties for non-compliance, including fines and potential legal action. Specifically, the Excise Act includes provisions for civil penalties of up to $22,200 for individuals and $111,000 for corporations, along with criminal penalties for more serious breaches. Therefore, entities governed by these regulations must ensure strict adherence to the new levy arrangements to avoid these potential penalties.