Grains Research and Development Corporation Regulations 1990
Statutory Rules 1990 No. 235 as amended
made under the
Primary Industries and Energy Research and Development Act 1989
This compilation was prepared on 3 September 1999
taking into account amendments up to SR 1999 No. 99
Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra
Contents
1 Name of regulations [see Note 1]
2 Commencement
3 Interpretation
4 Establishment of the Grains Corporation
5 Levies attached to the Corporation
6 Gross value of production of grain
7 Separate accounting records
Notes
1 Name of regulations [see Note 1]
These regulations are the Grains Research and Development Corporation Regulations 1990.
2 Commencement
These Regulations commence on 1 October 1990.
3 Interpretation
In these Regulations, unless the contrary intention appears:
coarse grain means leviable coarse grain within the meaning of the Coarse Grains Levy Act 1992.
Corporation means the Grains Research and Development Corporation specified in regulation 4.
grain legumes means leviable grain legumes within the meaning of the Grain Legumes Levy Act 1985.
grains means coarse grain, grain legumes, linseed, rapeseed, safflower seed, soybeans, sunflower seed and wheat.
grains industry means the industry concerned with the production, processing, manufacture, distribution and sale of grains.
the Act means the Primary Industries and Energy Research and Development Act 1989.
4 Establishment of the Grains Corporation
An R & D Corporation to be known as the Grains Research and Development Corporation is declared to be established in respect of the grains industry.
5 Levies attached to the Corporation
(1) For paragraph 5 (1) (a) of the Act, each of the following levies is attached to the Corporation:
(a) the levy imposed by clause 5 of Schedule 4 to the Primary Industries (Excise) Levies Act 1999;
(b) the levy imposed by clause 5 of Schedule 12 to the Primary Industries (Excise) Levies Act 1999;
(c) the levy imposed by clause 6 of Schedule 20 to the Primary Industries (Excise) Levies Act 1999;
(d) the levy imposed by clause 4 of Schedule 25 to the Primary Industries (Excise) Levies Act 1999.
(2) For paragraph 5 (3) (a) of the Act, the whole of each levy referred to in subregulation (1) is the research component of that levy.
(3) For the purposes of paragraph 5 (3) (b) of the Act, the grains industry is the primary industry to which each levy referred to in subregulation (1) relates.
6 Gross value of production of grain
(1) The Minister is to determine the gross value of the production of grain for a financial year (in this regulation called relevant year) by calculating that value
In accordance with the formula:
where:
A is the value of grain produced in the financial year ending 1 year before the start of the relevant year; and
B is the value of grain produced in the financial year immediately before the relevant year; and
C is the estimated value of grain to be produced in the relevant year
(2) A reference to the value of grain produced or to be produced in a financial year is a reference to the production figure supplied by the Australian Bureau of Agricultural and Resource Economics that shows:
(a) the gross value of grain produced; or
(b) the estimated gross value of grain to be produced;
by the grains industry in that financial year.
7 Separate accounting records
For the purposes of section 40 of the Act, the Corporation must keep separate accounting records in relation to R & D activities carried out:
(a) in accordance with a joint venture agreement; or
(b) by a subsidiary of the Corporation.
Notes to the Grains Research and Development Corporation Regulations 1990
Note 1
The Grains Research and Development Corporation Regulations 1990 (in force under the Primary Industries and Energy Research and Development Act 1989) as shown in this compilation comprise Statutory Rules 1990 No. 235 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 |
1990 No. 235 | 12 July 1990 | 1 Oct 1990 | |
1991 No. 179 | 28 June 1991 | 1 Oct 1990 | — |
1992 No. 310 | 30 Sept 1992 | 1 Oct 1992 | — |
1999 No. 99 | 17 June 1999 | 1 July 1999 | — |
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
Provision affected | How affected |
R. 1................. | rs. 1999 No. 99 |
R. 3................. | am. 1992 No. 310 |
R. 5................. | am. 1991 No. 179; 1992 No. 310; 1999 No. 99 |
Note to r. 5 (2).......... | rep. 1999 No. 99 |
Overview
The Grains Research and Development Corporation Regulations 1990 were enacted to provide a legislative framework for the establishment and operation of the Grains Research and Development Corporation under the Primary Industries and Energy Research and Development Act 1989. The regulations aim to facilitate the collection of levies from the grains industry to fund research and development activities. They were introduced by the Commonwealth Parliament to address the need for a dedicated funding mechanism to support innovation and improvements in the grains industry. The policy objective is to enhance the competitiveness and sustainability of the grains industry through targeted research and development initiatives, as reflected in the structure and provisions of the regulations. These provisions include the establishment of the Corporation, the specification of applicable levies, the method for calculating the gross value of grain production, and the requirement for the Corporation to maintain separate accounting records for its research and development activities.
Scope and Application
The Grains Research and Development Corporation Regulations 1990, made under the Primary Industries and Energy Research and Development Act 1989, establish the Grains Research and Development Corporation (the Corporation) to support research and development within the grains industry. The Corporation applies to the grains industry broadly, which encompasses the production, processing, manufacture, distribution, and sale of grains, including coarse grain, grain legumes, linseed, rapeseed, safflower seed, soybeans, sunflower seed, and wheat. The regulations provide for the imposition of specific levies on the grains industry to fund research and development activities, with the whole of these levies forming the research component. The Minister is responsible for determining the gross value of the production of grain for a financial year, based on a formula that incorporates the value of grain produced in the preceding years and an estimate for the current year. The Corporation is also mandated to maintain separate accounting records for research and development activities carried out under joint venture agreements or by its subsidiaries. These regulations apply nationally and are subject to amendments through subordinate instruments, such as Statutory Rules 1990 No. 235 and subsequent amendments.
Key Provisions
The Grains Research and Development Corporation Regulations 1990 (SR 1990 No. 235), as amended, establish the framework for the Grains Research and Development Corporation under the Primary Industries and Energy Research and Development Act 1989. The regulations outline the Corporation's establishment, levy mechanisms, and accounting practices. The Corporation is established under regulation 4, with the primary purpose of conducting research and development activities within the grains industry, including coarse grains, grain legumes, and other specified grains. Regulation 5 details the specific levies that are attached to the Corporation, including those imposed under the Primary Industries (Excise) Levies Act 1999. These levies are designated as the research component of the Corporation's activities, with the grains industry being the primary industry to which these levies relate. Regulation 6 provides the formula and methodology for determining the gross value of grain production for a financial year, which the Minister must calculate using data from the Australian Bureau of Agricultural and Resource Economics. Regulation 7 mandates that the Corporation must maintain separate accounting records for research and development activities conducted in accordance with joint venture agreements or by a subsidiary of the Corporation.
The Grains Research and Development Corporation Regulations 1990 impose several obligations on the Corporation. These include the responsibility to determine the gross value of grain production annually, as specified in regulation 6, using the prescribed formula. The Corporation must also keep separate accounting records for R&D activities carried out under joint venture agreements or by its subsidiaries, as required by regulation 7. Additionally, the Corporation is subject to the levies detailed in regulation 5, which are to be used as the research component for its activities. The Corporation's operations must comply with the provisions of the Primary Industries and Energy Research and Development Act 1989, which includes ensuring that the levies are applied appropriately to fund research and development initiatives within the grains industry.
Breaches of the Grains Research and Development Corporation Regulations 1990 may have legal consequences. While specific penalties are not detailed within the regulations themselves, breaches of regulations made under the Primary Industries and Energy Research and Development Act 1989 can result in both civil and criminal penalties. Civil penalties can include fines, while criminal penalties may involve imprisonment. The exact penalties would be determined by the relevant courts based on the nature and severity of the breach, in accordance with the broader legislative framework under which these regulations operate. Compliance with the regulations is essential to avoid such penalties and to ensure the effective operation of the Corporation in supporting research and development within the grains industry.