Primary Industries and Energy Research and Development Amendment Act 2001

Overview

The Primary Industries and Energy Research and Development Amendment Act 2001 was enacted to amend the Primary Industries and Energy Research and Development Act 1989, addressing specific legislative gaps and updating certain provisions related to research and development within the primary industries and energy sectors. This amendment was introduced to ensure the ongoing effectiveness and relevance of the original Act, responding to evolving industry needs and policy objectives. The Act was assented to by the Parliament of Australia on 28 June 2001 and commenced on 1 July 2001. The policy objective behind this amendment was to streamline and modernise the framework governing research and development activities in these critical sectors, enhancing the overall efficiency and impact of research initiatives.

Scope and Application

The Primary Industries and Energy Research and Development Amendment Act 2001 amends the Primary Industries and Energy Research and Development Act 1989, extending its reach to encompass research and development activities within the primary industries and energy sectors. The amendments specifically affect the financial year starting on or after 1 July 2001, with provisions that include the removal of certain subsections and the modification of payment entitlements for R&D Corporations established for forest industries. These changes aim to streamline and enhance the effectiveness of research and development funding mechanisms within these sectors. The geographic and jurisdictional scope of the Act is nationwide, affecting entities and corporations involved in primary industries and energy research and development across Australia. Any exclusions or exemptions from the application of these amendments are detailed within the specific sections of the amended Act, with any further extension or restriction of application governed by subordinate instruments as necessary.

Key Provisions

The Primary Industries and Energy Research and Development Amendment Act 2001 amends the Primary Industries and Energy Research and Development Act 1989, introducing several key changes to the latter. Specifically, the 2001 Act modifies Section 31 of the 1989 Act by replacing the phrase "Subject to subsection (4), where:" with "If:" in Subsection 31(1), and it repeals Subsection 31(4). This change is intended to clarify the conditions under which payments to an R&D Corporation established in respect of forest industries are made, as outlined in paragraph 30(1)(b) of the 1989 Act. Furthermore, it ensures that the amendments do not affect the amount that such a corporation is entitled to receive based on payments made before 1 July 2001, as stipulated in the saving provision. Additionally, the 2001 Act amends Subsection 32(1) of the 1989 Act by omitting "subsections (3) and (4)," and substituting it with "subsection (3)," while also repealing Subsection 32(4). These amendments apply to each financial year starting on or after 1 July 2001. The obligations and requirements imposed by the 2001 Act on the parties governed by the 1989 Act include ensuring that payments to R&D Corporations are made in accordance with the amended provisions of Section 31. The new wording in Subsection 31(1) clarifies the conditions under which such payments are made, while the repeal of Subsection 31(4) removes a previously existing condition that is no longer applicable. Furthermore, the amendments to Subsection 32(1) and the repeal of Subsection 32(4) modify the provisions governing the application of certain payments to R&D Corporations. Entities governed by the 1989 Act must adhere to these changes when making payments to R&D Corporations for research and development activities in the primary industries and energy sectors. The 2001 Act does not explicitly state any offences, penalties, or consequences for breach of its provisions. However, given that the Act amends the 1989 Act, it is reasonable to assume that any breach of the amended provisions could potentially lead to legal consequences under the 1989 Act. The 1989 Act includes provisions for penalties in cases of non-compliance, which could include fines or other sanctions. The exact penalties would depend on the specific nature of the breach and the applicable laws in place at the time of the breach.