EXPLANATORY STATEMENT
STATUTORY RULES 1990 No. 66
Issued by the Authority of the Minister of State for Primary Industries and Energy
PRIMARY INDUSTRIES AND ENERGY RESEARCH AND DEVELOPMENT ACT 1989
LAND AND WATER RESOURCES
RESEARCH AND DEVELOPMENT CORPORATION REGULATIONS
The proposed Regulations provide for the establishment of the Land and Water Resources Research and Development Corporation.
Section 8 of the Primary Industries and Energy Research and Development Act 1989 (the Act) provides for the establishment by regulation of a Research and Development Corporation in respect of a primary industry or class of primary industries and for the Corporation to be known by the name specified in the regulations.
Subsection 135(1) of the Act allows the Minister to appoint a Presiding Member of a Corporation Selection Committee if those Regulations have been made but are not yet in force and one or more organisations have been declared under Section 7 of the Act to be representative organisations in relation to the proposed Corporation. Appointment of a Presiding Member initiates the process of selecting persons suitable for appointment as Directors of the Corporation and it is important that this process be completed before the Corporation is established. It is therefore necessary that the Regulations be made well in advance of their commencement date.
Subsection 125(1) of the Act provides that where a Corporation is predominantly funded by the Commonwealth, the regulations may therefore declare the Corporation to be a predominantly Commonwealth funded Corporation, thus empowering the Minister to appoint up to six members of the Selection Committee provided for under section 125 of the Act.
Overview
The Primary Industries and Energy Research and Development Act 1989 was enacted to establish a framework for the creation of Research and Development Corporations aimed at fostering innovation and development in primary industries, particularly land and water resources. The Act addresses the gap in structured research and development initiatives specifically targeted at the primary industries sector. The enacting body responsible for this legislation is the Parliament of Australia, with a policy objective to enhance the productivity and sustainability of primary industries through targeted research and development. The proposed regulations, specifically the Land and Water Resources Research and Development Corporation Regulations, facilitate the establishment of this Corporation by providing a formal mechanism for its governance and funding, ensuring that it can effectively carry out its mandate before becoming operational. The regulations also allow for the appointment of a Presiding Member of a Corporation Selection Committee, which is crucial for selecting suitable Directors and ensuring the Corporation’s readiness upon commencement.
Scope and Application
The Land and Water Resources Research and Development Corporation Regulations, made under the Primary Industries and Energy Research and Development Act 1989, pertain to the establishment of the Land and Water Resources Research and Development Corporation. This legislation applies to entities involved in the research and development of land and water resources within the primary industries sector. The Regulations specify the Corporation's name, the process for appointing a Presiding Member, and the criteria for selecting Directors. The Regulations are designed to ensure that the Corporation is operationally ready before it is officially established, thus facilitating a seamless transition into its research and development activities. The Act and its Regulations apply nationally across Australia, reflecting the Commonwealth's interest in primary industries. The Regulations also allow for the declaration of predominantly Commonwealth-funded Corporations, which enables the Minister to appoint up to six members of the Selection Committee. The scope of these Regulations is comprehensive, covering the administrative and governance structure of the Corporation, but does not detail specific research activities or funding mechanisms, which may be addressed in further subordinate instruments.
Key Provisions
The Land and Water Resources Research and Development Corporation Regulations (F1996B01305) establish the framework for the creation of the Land and Water Resources Research and Development Corporation under Section 8 of the Primary Industries and Energy Research and Development Act 1989 (the Act). The regulations specify the name of the Corporation and outline the process for its establishment. They are crucial in formalising the Corporation's existence and governance structure, ensuring it operates within the legal parameters set forth by the Act.
These regulations impose several obligations on the parties and entities involved. For instance, they require the Minister to appoint a Presiding Member of a Corporation Selection Committee if the regulations are made but not yet in force, and if one or more organisations have been declared under Section 7 of the Act as representative organisations in relation to the proposed Corporation. This appointment is a critical step in the process of selecting suitable Directors for the Corporation, ensuring that the selection process is completed before the Corporation commences operations. Furthermore, if the Corporation is predominantly funded by the Commonwealth, the regulations empower the Minister to appoint up to six members of the Selection Committee as provided for under Section 125 of the Act.
Failure to comply with the requirements set out in these regulations can result in legal consequences. While the explanatory statement does not detail specific offences or penalties, breaches of regulations typically attract civil or criminal penalties, depending on the severity of the breach and the specific provisions of the Act. The maximum penalties for non-compliance can vary, but they may include fines or other sanctions that are commensurate with the nature and extent of the breach. It is important for all parties involved to adhere to these regulations to avoid any potential legal repercussions.