Grains Research and Development Corporation Regulations (Amendment) 1992 No. 310
EXPLANATORY STATEMENT
STATUTORY RULES 1992 No. 310
Issued by the Authority of the Minister for Primary Industries and Energy
Primary Industries and Energy Research and Development Act 1989
Grains 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 for the purpose of the Act.
The Grains Research and Development Corporation (GRDC) was established on 1 October 1990 by regulation under section 8 of the Act.
Regulation 5 of the GRDC Regulations attaches various grain levies to the GRDC for the purposes of subsection 5(1) of the Act. Subregulation 5(2) of the GRDC Regulations provides that for the purposes of subsection 5(3) of the Act the whole of each of these levies is to be the research component.
Once a levy is attached to a Research and Development Corporation, levies collected are paid to the Corporation under section 30 of the Act. These levies, together with matching Government contributions, provide funding for the Corporation's activities.
The Barley Research Levy Act 1980 and the Triticale Levy Act 1988 impose research levies on barley and triticale which are attached to the GRDC. These Acts will be repealed on 1 October 1992.
Section 9 of the Coarse Grains Levy Act 1992, which commences on 1 October 1992, imposes a levy on leviable coarse grain delivered by the producer to another person other than for storage on behalf of the producer or leviable coarse grain processed by the producer. This Act incorporates the existing barley and triticale research levies and provides for new levies on oats and cereal rye.
The proposed amendment to Regulation 5 of the GRDC Regulations will attach not only the new levies for oats and cereal rye but also continue the attachment of the existing barley and triticale levies together with those relating to grain legumes, oilseeds and wheat.
Details of the proposed regulations are as follows:
Regulation 1 provides that the Regulations shall commence on 1 October 1992.
Regulation 2 identifies the GRDC Regulations as the Regulations to be amended.
Regulation 3 defines "coarse grain" and also includes it within the definition of "grains".
Subregulation 4.1 provides for the levy imposed by section 9 of the Coarse Grains Levy Act 1992 to be attached to the GRDC.
Subregulation 4.2 provides that the whole of this levy is the research component.
Overview
The Grains Research and Development Corporation Regulations (Amendment) 1992 No. 310 was enacted to align the Grains Research and Development Corporation (GRDC) with the new legislative framework introduced by the Coarse Grains Levy Act 1992. This amendment was made under the authority of the Minister for Primary Industries and Energy and in accordance with subsection 149(1) of the Primary Industries and Energy Research and Development Act 1989. The purpose of these regulations is to ensure that the GRDC can continue to receive the necessary funding from levies on various grains, including barley, triticale, oats, cereal rye, grain legumes, oilseeds, and wheat, to support its research and development activities. The policy objective is to maintain and enhance the GRDC’s capacity to fund research that benefits the grains industry, facilitating ongoing innovation and development within the sector.
Scope and Application
The Grains Research and Development Corporation Regulations (Amendment) 1992 No. 310 applies to the Grains Research and Development Corporation (GRDC) as established under the Primary Industries and Energy Research and Development Act 1989. This amendment affects the levies attached to the GRDC for research purposes, particularly those relating to various grain types. The amendment aligns with the commencement of the Coarse Grains Levy Act 1992, which imposes levies on leviable coarse grain, including oats and cereal rye, and incorporates existing levies on barley and triticale. These levies, together with matching government contributions, fund the Corporation's research activities. The amendment ensures the continuity of funding by attaching new and existing grain levies to the GRDC, thereby facilitating the necessary research and development in the grain industry. The scope of the amendment is national, impacting the grain industry across Australia by ensuring the GRDC receives adequate funding through these levies.
Key Provisions
The Grains Research and Development Corporation Regulations (Amendment) 1992 No. 310 outlines amendments to the existing regulations concerning the Grains Research and Development Corporation (GRDC). Regulation 5 is of particular importance, as it specifies the levies that will be attached to the GRDC for research purposes (Reg. 4). This regulation ensures that the GRDC receives funding from these levies, which are essential for its activities. Regulation 1 states that these amended regulations will commence on 1 October 1992 (Reg. 1). Regulation 2 identifies the GRDC Regulations as the ones to be amended (Reg. 2), and Regulation 3 provides definitions for terms such as "coarse grain" and includes it within the broader definition of "grains" (Reg. 3).
The obligations imposed on the parties governed by these regulations include the requirement to pay the specified levies as outlined in the Coarse Grains Levy Act 1992. These levies are crucial for funding the GRDC’s research activities. The GRDC, in turn, has the responsibility to use these funds for research and development in the grains sector. The regulations ensure that all relevant stakeholders, including producers and processors of grains, must comply with the levy obligations as specified by the Coarse Grains Levy Act 1992 and other related acts.
The proposed amendment also includes provisions that will repeal the Barley Research Levy Act 1980 and the Triticale Levy Act 1988, integrating their levies into the new Coarse Grains Levy Act 1992 (Reg. 4). This consolidation streamlines the levy system and ensures a unified approach to funding research. The penalties for non-compliance with these regulations can be significant. The Act does not specify particular penalties, but breaches of similar legislative provisions can result in civil or criminal penalties, including fines and potential imprisonment, depending on the severity of the breach and the jurisdiction. The exact penalties would depend on the specific statutory provisions under which the offence is charged.