Primary Industries and Energy Legislation Amendment Act (No. 2) 1991

Overview

The Primary Industries and Energy Legislation Amendment Act 1991 was enacted by the Parliament of Australia to amend existing legislation relating to matters under the purview of the Department of Primary Industries and Energy. This Act aims to address gaps and update the legal framework for the management and regulation of research and development (R&D) activities within the primary industries sector, particularly in relation to the levy collection and the governance of research and development corporations. One of the key policy objectives of this Act is to enhance the efficiency and effectiveness of R&D activities by clarifying the roles and responsibilities of various organisations involved in levy collection and research initiatives. This includes streamlining the process for levy collection and ensuring that research bodies are more accountable to their representative organisations.

Scope and Application

The Primary Industries and Energy Legislation Amendment Act 1991 amends the Grape Research Levy Act 1986 and the Primary Industries and Energy Research and Development Act 1989 to make changes primarily affecting the research and development activities within the primary industries sector. This Act applies to entities involved in grape research levy collection and management, including representative organisations, research and development (R&D) Councils, and R&D Corporations as defined under the amended Acts. The scope of the Act encompasses the approval and notification processes for R&D plans and annual operational plans, accountability measures, and the reporting requirements of Selection Committees. The Act has a national reach as it is enacted by the Parliament of Australia, thereby affecting entities across the Commonwealth. The amendments do not explicitly state any exclusions or exemptions, but they do specify changes in the definitions and processes to streamline the administration and oversight of research and development activities within the primary industries sector. The Act may also extend its application through subordinate instruments such as regulations and guidelines that further detail the implementation of the legislative changes.

Key Provisions

The Primary Industries and Energy Legislation Amendment Act 1991 brings several significant amendments to two primary Acts: the Grape Research Levy Act 1986 and the Primary Industries and Energy Research and Development Act 1989. In relation to the Grape Research Levy Act 1986, section 4 amends the definition of “representative organisation” (section 4(a) and (b)). This is intended to clarify the role of representative organisations within the levy framework, ensuring that they are properly identified based on their relationship to either R&D Corporations or R&D Funds under the Primary Industries and Energy Research and Development Act 1989 (section 4(c)). Additionally, section 5 modifies section 10 by replacing references to "R&D authority" with "representative organisation" (section 5), thereby aligning the terminology and ensuring clarity in the levy application process. The amendments to the Primary Industries and Energy Research and Development Act 1989 introduce several changes to improve coordination and communication with representative organisations. Section 7 requires that once an R&D plan is approved by the Minister, the Corporation must notify its representative organisations within one month of approval (section 7(5)). Similarly, section 8 mandates that the Corporation must also notify its representative organisations when an annual operational plan is approved by the Minister (section 8). These provisions aim to enhance transparency and ensure that representative organisations are kept informed about key decisions related to research and development plans and operational strategies (section 29). In terms of accountability, section 9 clarifies the sources of funds for the Corporation, including those derived from the transfer of assets, debts, liabilities, and obligations under section 144, as well as those derived from the transfer of levies attached to Research Funds under the Rural Industries Research Act 1985 (section 9(b) and (c)). Furthermore, sections 10 and 11 streamline the application of sections 19 to 24 and section 26 to R&D plans and annual operational plans prepared by R&D Councils, ensuring these plans are subject to similar requirements as those for R&D Corporations (sections 10 and 11). Section 12 introduces flexibility in the reporting process by allowing reports of Selection Committees to be included as discrete parts in the Corporation's annual report, subject to agreement between the Presiding Member and the Chairperson (section 12(1a) and (b)). Finally, section 13 expands the coordination meetings to include each R&D Council and removes subsections 5 and 6, thereby enhancing the collaborative efforts among various stakeholders (section 13(a) and (b)).