Meat Research Corporation Regulations

Legislation au C2004L05113 Regulations Not in force Legislative Instrument

Legislation content

Meat Research Corporation Regulations 1991 No. 435

 

 

EXPLANATORY STATEMENT STATUTORY RULES 1991 No. 435

Issued by the Authority of the Minister for Primary Industries and Energy. Subject - Meat Research Corporation Act 1985

Meat Research Corporation Regulations

 

Section 51 of the Meat Research Corporation Act 1985 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.

 

Subsection 42A(2) states that the regulations may provide for the manner in which the Minister is to determine the amount of the gross value of production of the meat and live-stock industry for a financial year.

 

This is important in that subsection 42A(1) of the Act limits the Commonwealth's matching payments to the Meat Research Corporation during a particular financial year, in respect of the Corporation's research and development activities, to a maximum amount equal to 0.5% of the gross value of production of the industry, as determined by the Minister, for that financial year.

 

Section 42A of the Act, which came into effect on 1 July 1991, was inserted by the Primary Industries Legislation Amendment Act No 39 of 1991 in order to bring the payment by the Commonwealth of matching funds to the Meat Research Corporation into line with other primary industry research and development bodies established under the Prima Industries and Energy Research and Development Act 1989.

 

The Regulations provide for the Minister to determine the gross value of production of the meat and live-stock industry for a particular financial year. The Minister's determination, based on a formula which has been applied generally in regulations for the other primary industry research and development bodies, is an average taken over three financial years - the particular financial year, the preceding financial year and the financial year immediately before that preceding financial year.

 

Under the Regulations, the gross value of live-stock production for a financial year is derived from figures supplied by the Australian Bureau of Agricultural and Resource Economics, either as an estimate, where final figures are not yet available from the Bureau for that financial year, or as the gross value of live-stock production, where the Bureau has published its figures for that financial year.

 

The value of live-stock production for a financial year, for the purposes of the Regulations, is the sum of the values of specified commodities produced by the meat and live-stock industry in that year. These are the commodities from which the meat and live-stock industry's contribution to the research and development activities of the Meat Research Corporation is drawn in the form of levies or charges.

Details of the regulations are given in the Attachment. ATTACHMENT

DETAILS OF THE MEAT RESEARCH CORPORATION REGULATIONS

 

Regulation 1 cites the regulations as the Meat Research Corporation Regulations. The Note advises that in accordance with section 48 of the Acts Interpretation Act 1901 the regulations commenced on gazettal.

 

Regulation 2 provides definitions of terms for the purposes of the regulations.

 

Regulation 3 provides for the manner in which the Minister is to determine the amount of the gross value of live-stock production for the meat and live-stock industry for a financial year.

Overview

The Meat Research Corporation Regulations 1991 were enacted to provide for the implementation of the Meat Research Corporation Act 1985, specifically addressing the determination of the gross value of production of the meat and livestock industry for a financial year. This regulation was issued under the authority of the Minister for Primary Industries and Energy. The primary policy objective of these regulations was to standardise the method by which the Minister determines the gross value of production, ensuring it aligns with other primary industry research and development bodies. The regulations were established to maintain consistency and fairness in the allocation of Commonwealth matching payments to the Meat Research Corporation, thus facilitating the effective distribution of funds for research and development activities within the meat and livestock industry.

Scope and Application

The Meat Research Corporation Regulations 1991 apply to the Meat Research Corporation, an entity established under the Meat Research Corporation Act 1985, and pertain to the determination of the gross value of production of the meat and livestock industry for financial years. This Act applies to the Commonwealth of Australia and governs the process by which the Minister for Primary Industries and Energy determines the gross value of production, which in turn affects the Commonwealth's matching payments to the Corporation for research and development activities. These payments are capped at 0.5% of the gross value of production for a financial year, as stipulated in the Act. The regulations extend the application of the Act by specifying the method for calculating the gross value, which is based on an average over three financial years, using data from the Australian Bureau of Agricultural and Resource Economics. The regulations also detail how the value of livestock production is derived for the purpose of these calculations.

Key Provisions

The Meat Research Corporation Regulations 1991 establish the framework for the Minister to determine the gross value of production of the meat and livestock industry for a financial year, as required by section 51 of the Meat Research Corporation Act 1985 (the Act). According to the regulations, the Minister's determination is to be based on an average over three financial years: the specific year in question, the preceding financial year, and the year before that. This average is calculated using data from the Australian Bureau of Agricultural and Resource Economics, either as an estimate if final figures are not yet available, or as the final published figures. Regulation 3 specifically details the methodology for this calculation, ensuring consistency and accuracy in the determination process. The obligations imposed by the Meat Research Corporation Regulations 1991 primarily rest on the Minister, who is tasked with determining the gross value of livestock production for the meat and livestock industry. This involves accurately calculating the average value over three financial years using data from the Australian Bureau of Agricultural and Resource Economics. The Minister must ensure that the values of specified commodities produced by the meat and livestock industry are correctly summed to arrive at the gross value of livestock production. This determination is critical as it directly influences the amount of Commonwealth matching payments to the Meat Research Corporation, which cannot exceed 0.5% of the determined gross value of production for the financial year. Breaches of the Meat Research Corporation Regulations 1991, such as incorrect or negligent determinations by the Minister, could lead to significant financial and administrative consequences. Although the explanatory statement does not explicitly outline specific offences or penalties, any miscalculations or misapplications of the regulations could result in discrepancies in funding allocations to the Meat Research Corporation. This could potentially lead to legal challenges or administrative reviews to correct any errors, as the funding is directly tied to the accuracy of the gross value of production determined by the Minister. Ensuring compliance with these regulations is therefore crucial for maintaining the integrity of the funding process for the Meat Research Corporation's research and development activities.

Legal classification tags

Area of Law
Commercial Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Regulatory Standards
Reporting & Disclosure Obligations

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.