Horticulture Marketing and Research and Development Services Regulations 2001
Statutory Rules 2001 No. 151 as amended
made under the
Horticulture Marketing and Research and Development Services Act 2000
This compilation was prepared on 24 October 2003
taking into account amendments up to SR 2003 No. 263
Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra
Contents
Part 1 Preliminary
1.1 Name of Regulations [see Note 1]
1.2 Commencement
1.3 Definition
1.4 Horticultural product
Part 3 Expenditure and funding of the industry services body
3.1 Gross value of production
Notes
Part 1 Preliminary
1.1 Name of Regulations [see Note 1]
These Regulations are the Horticulture Marketing and Research and Development Services Regulations 2001.
1.2 Commencement
These Regulations commence on 1 July 2001.
1.3 Definition
In these Regulations:
Act means the Horticulture Marketing and Research and Development Services Act 2000.
1.4 Horticultural product
For paragraph (f) of the definition of horticultural product in section 4 of the Act, tobacco leaf is prescribed.
Note Part 2 is reserved.
Part 3 Expenditure and funding of the industry services body
3.1 Gross value of production
(1) This regulation applies to the following sectors of the horticultural industry:
(a) dried fruit;
(b) tobacco leaf.
(2) For subsection 16 (4) of the Act, the Secretary must determine the amount of gross value of production of each sector of the horticultural industry mentioned in subregulation (1), for a financial year (the relevant financial year), by using:
where:
A is the estimated value of the relevant horticultural product to be produced by the sector in the relevant financial year.
B is the value of the relevant horticultural product produced by the sector in the financial year immediately before the relevant financial year (the previous financial year).
C is the value of the relevant horticultural product produced by the sector in the financial year immediately before the previous financial year.
(3) In subregulation (2), a reference to the value of the relevant horticultural product produced, or the estimated value of the relevant horticultural product 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 the relevant horticultural product produced by the sector in that financial year; or
(b) the estimated gross value of the relevant horticultural product to be produced by the sector in that financial year.
Notes to the Horticulture Marketing and Research and Development Services Regulations 2001
Note 1
The Horticulture Marketing and Research and Development Services Regulations 2001 (in force under the Horticulture Marketing and Research and Development Services Act 2000) as shown in this compilation comprise Statutory Rules 2001 No. 151 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 |
2001 No. 151 | 29 June 2001 | 1 July 2001 | |
2003 No. 263 | 22 Oct 2003 | 24 Oct 2003 | — |
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
Provision affected | How affected |
Part 1 | |
Note to r. 1.3........... | rep. 2003 No. 263 |
R. 1.4................ | ad. 2003 No. 263 |
Part 3 | |
R. 3.1................ | rs. 2003 No. 263 |
Overview
The Horticulture Marketing and Research and Development Services Regulations 2001 were enacted to provide detailed rules and guidelines for the implementation of the Horticulture Marketing and Research and Development Services Act 2000. These regulations were introduced to address the need for a structured approach to the funding and expenditure of the industry services body within the horticultural sector, specifically for the dried fruit and tobacco leaf sectors. The regulations were prepared by the Office of Legislative Drafting, Attorney-General’s Department, and are applicable as of 1 July 2001. The overarching policy objective is to ensure that the industry services body can efficiently manage the financial resources allocated for research and development services, thereby supporting the growth and sustainability of the horticultural industry.
Scope and Application
The Horticulture Marketing and Research and Development Services Regulations 2001, made under the Horticulture Marketing and Research and Development Services Act 2000, apply to specific sectors within Australia's horticultural industry, namely the dried fruit and tobacco leaf sectors. These Regulations commenced on 1 July 2001 and have been subject to amendments to refine their application and definitions. The Regulations primarily govern the expenditure and funding mechanisms for industry services bodies, providing a framework for the calculation of the gross value of production for these horticultural sectors. The calculation process is based on figures supplied by the Australian Bureau of Agricultural and Resource Economics, ensuring a data-driven approach to financial assessments. Additionally, the Regulations stipulate that the Secretary must determine the gross value of production for each relevant financial year using prescribed formulae that take into account the production values from previous years. This regulatory framework is integral for ensuring that the industry services bodies are adequately funded based on accurate and reliable production data.
Key Provisions
The Horticulture Marketing and Research and Development Services Regulations 2001 (the "Regulations") provide detailed rules under the Horticulture Marketing and Research and Development Services Act 2000. They include specific provisions for the calculation of gross value of production for certain horticultural sectors, namely dried fruit and tobacco leaf (reg. 3.1). These regulations are designed to ensure that the Secretary of the relevant department can accurately determine the gross value of production for each financial year by using a weighted average of production figures from the previous two financial years (reg. 3.1(2)). This method takes into account both the estimated value of production for the upcoming financial year and the actual values from the two preceding years, with the production figures to be sourced from the Australian Bureau of Agricultural and Resource Economics (reg. 3.1(3)).
The Regulations impose clear obligations on the Secretary and other relevant parties to ensure the accurate calculation of the gross value of production for the specified horticultural sectors. This involves the use of the prescribed formula and the reliance on data provided by the Australian Bureau of Agricultural and Resource Economics (reg. 3.1). The Regulations mandate that the Secretary must determine the gross value of production for each relevant financial year using the weighted average of the production figures from the two preceding years. This ensures consistency and accuracy in the valuation process and supports the efficient allocation of funding and resources within the horticultural industry.
There are no specific offences, penalties, or civil/criminal consequences outlined in the Regulations themselves. However, non-compliance with the Act or the Regulations could potentially lead to legal consequences under the overarching Act or other relevant legislation. The Act might include provisions that could impose penalties for non-compliance with the requirements set out in the Regulations. The precise nature and extent of any penalties would depend on the specific provisions of the Horticulture Marketing and Research and Development Services Act 2000 and any other applicable laws.