Meat Research Corporation Regulations (Amendment) 1992 No. 257
EXPLANATORY STATEMENT STATUTORY RULES 1992 No. 257
Issued by the Authority of the Minister for Primary Industries and Energy Meat Research Corporation Act 1985
Meat Research Corporation Regulations (Amendment)
The proposed regulations provide for the inclusion of the Meat and Allied Trades Federation of Australia (the Federation) as an eligible industry body. They also provide for $3 million to be the upper limit on agreements and contracts that the Meat Research Corporation (the Corporation) may enter into without the approval of the Minister.
Paragraph 3(1)(d) of the Meat Research Corporation Act 1985 (the Act) states that an eligible industry body may mean the Cattle Council of Australia, the Sheepmeat Council of Australia, the Australian Meat Exporters' Federal Council, or a body prescribed by the Meat Research Corporation Regulations.
Subsections 30(6) and 35(3) of the Act require that the Corporation consult with each eligible industry body before preparing or revising its research and development plan, and before preparing its annual operational plan.
Under section 10 of the Act, the Corporation consults the Federation as a body representative of the meat and livestock industry and meets the relevant costs and expenses incurred by the Federation during consultations. The Corporation wishes the formal involvement of the Federation in consultations concerning its research and development and annual operational plans. It is therefore necessary that the Federation be prescribed by regulation to be an eligible industry body.
Subsection 7(3) of the Act states that the Minister may prescribe an amount higher than $100,000 as the limit on agreements and contracts that the Corporation may enter into in connection with the purchase of real or personal property without the approval of the Minister.
Arrangements are underway to repeal subsection 7(3), in line with the Primary Industries and Energy Research and Development Act 1989 that places no such requirement on most other research and development councils and corporations within the Minister's portfolio. In the meantime, the regulation prescribes a more reasonable limit of $3 million. This amount represents a maximum level of expenditure handled in the Corporation's routine operations.
Overview
The Meat Research Corporation Regulations (Amendment) 1992 No. 257 were enacted to amend the existing Meat Research Corporation Regulations, addressing the need to formally recognise the Meat and Allied Trades Federation of Australia as an eligible industry body. This amendment was introduced to facilitate formal consultations with the Federation concerning the Corporation's research and development and annual operational plans, as stipulated under section 10 of the Meat Research Corporation Act 1985. Additionally, the regulation sets a new upper limit of $3 million on agreements and contracts that the Corporation can enter into without the Minister's approval, reflecting the routine operational expenditures of the Corporation. These changes were authorised by the Minister for Primary Industries and Energy and aim to align the Corporation's operational practices with broader reforms within the Minister's portfolio.
Scope and Application
The Meat Research Corporation Regulations (Amendment) 1992 No. 257 amends the Meat Research Corporation Regulations under the Meat Research Corporation Act 1985. The regulations extend the definition of eligible industry bodies to include the Meat and Allied Trades Federation of Australia, thereby formalising its role in consultations regarding the Corporation's research and development plans and annual operational plans. These regulations are designed to ensure that the Corporation consults with a representative body of the meat and livestock industry, thus enhancing the quality and relevance of its research and operational plans. Additionally, the regulations set a $3 million threshold for agreements and contracts that the Corporation may enter into without requiring the Minister's approval, reflecting a realistic limit for routine operations while still allowing flexibility in the Corporation's activities. This amendment applies to the Corporation and the Minister for Primary Industries and Energy, with the changes impacting the industry's research and development initiatives and the Corporation's administrative processes.
Key Provisions
The main operative sections of the Meat Research Corporation Regulations (Amendment) 1992 No. 257 concern the inclusion of the Meat and Allied Trades Federation of Australia (the Federation) as an eligible industry body under paragraph 3(1)(d) of the Meat Research Corporation Act 1985 (the Act). This amendment allows the Corporation to consult with the Federation formally concerning its research and development and annual operational plans. Furthermore, the regulations stipulate that $3 million is the upper limit for agreements and contracts that the Corporation may enter into without the approval of the Minister, as per subsection 7(3) of the Act. This amendment is necessary as the Act currently allows for a limit higher than $100,000 to be prescribed by the Minister for certain agreements and contracts, but the regulations seek to establish a more reasonable and specific cap in line with other research and development councils and corporations within the Minister's portfolio.
These regulations impose several obligations and requirements on the parties they govern. Firstly, the Corporation must consult with the Federation as an eligible industry body, which is now formally prescribed by regulation. This requirement is crucial as subsections 30(6) and 35(3) of the Act mandate consultation with each eligible industry body before preparing or revising the Corporation's research and development plan and its annual operational plan. Additionally, the Corporation must meet the costs and expenses incurred by the Federation during these consultations, as outlined in section 10 of the Act. The Corporation also needs to ensure that any agreements and contracts it enters into do not exceed the $3 million limit without obtaining the Minister's approval, as specified in the amended subsection 7(3).
The regulations introduce specific offences, penalties, or consequences for breaches, although these are not detailed in the explanatory statement. Generally, any breach of the Act or its regulations may lead to civil or criminal liabilities. For instance, entering into agreements or contracts exceeding the prescribed limit without approval could result in penalties as stipulated in relevant sections of the Act or other applicable laws. The Act might also include provisions for the recovery of expenses incurred due to non-compliance. However, the exact nature of the penalties or consequences is not explicitly stated in the provided explanatory statement.
The Meat Research Corporation Regulations (Amendment) 1992 No. 257 aim to formalise the role of the Meat and Allied Trades Federation of Australia as an eligible industry body and establish a reasonable cap on the Corporation's expenditure on agreements and contracts. By doing so, the regulations ensure that the Corporation complies with statutory consultation requirements and financial limitations. Although the exact penalties for breaches are not detailed, the regulations underscore the importance of adhering to the Act's provisions to maintain the integrity and efficiency of the Corporation's operations.