Rural Industries Research and Development Corporation (Deer) Regulations

Legislation au C2004L00507 Regulations Not in force Legislative Instrument

Legislation content

Rural Industries Research and Development Corporation (Deer) Regulations 1992 No. 202

EXPLANATORY STATEMENT

STATUTORY RULES 1992 No. 202

Issued by the authority of the Minister of State for Primary Industries and Energy

Primary Industries and Energy Research and Development Act 1989

Rural Industries Research and Development Corporation Regulations (Amendment)

Rural Industries Research and Development Corporation (Deer) Regulations

Section 149 of the Primary Industries and Energy Research and Development Act 1989 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.

Subsection 5(1) of the Act provides for the regulations to declare a levy to be attached to a Research and Development Corporation. The Regulations attach to the Rural Industries Research and Development Corporation the specified levies and charges imposed by the Deer Slaughter Levy Act 1992, the Deer Expo Charge Act 1992, the Deer Velvet Levy Act 1992 and the Deer Velvet Export Charge Act 1992 (the deer industry levy and charge Acts).

Paragraph 5(3)(a) of the Act provides that, where a levy or class of levies is declared by the regulations to be attached to the Corporation, the regulations must declare the whole or a specified proportion of the levy, or of each levy in a class of levies, to be the research component of the levy. The whole of each of the specified deer industry levies and charges imposed under the above Acts are declared by the Regulations to be the research component of the levy or charge.

Paragraph 5(3) (b) of the Act provides that the regulations must also declare a primary industry to be the primary industry to which-the levy, or each levy included in the class of levies, relates. The Regulations declare the deer industry to be the primary industry to which the specified levies relate.

Paragraph 5(3)(b) further states that if the levy is attached to a Research and Development Corporation, the primary industry so declared must be the primary industry in respect of which the Corporation is established. Subsection 9(2) of the Act makes provision for the regulations to specify the primary industries in respect of which the Rural Industries Research and Development Corporation is established. The Regulations extend the Rural Industries Research and Development Corporation's responsibilities to include the deer industry.

Section 40 of the Act provides that the regulations may require a Research and Development Corporation to keep separate accounting records in relation to the funding of specified classes of Research and Development activities, and to specify the amounts to be credited and debited in the accounting records. Section 40 further provides for the regulations to make provision in relation to the expenditure of money to which the accounting records relate. The Regulations require the Rural Industries Research and Development Corporation to keep separate accounting records in respect of deer industry research and development activities in accordance with the provisions of section 40.

The Regulations, together with the Primary Industries Levies and Charges Collection (Deer and Deer Velvet) Regulations, comprise a package of regulations which give effect to the deer industry levy and charge Acts and commence on 1 July 1992, the date of commencement of the deer industry levy and charge Acts.

Details of the Rural Industries Research and Development Corporation Regulations (Amendment) are provided in Attachment A.

Details of the Rural Industries Research and Development Corporation (Deer) Regulations are provided in Attachment B.

ATTACHMENT B

DETAILS OF THE RURAL INDUSTRIES RESEARCH AND DEVELOPMENT CORPORATION (DEER) REGULATIONS

Regulation 1 states that the Regulations are cited as the Rural Industries Research and Development Corporation (Deer) Regulations.

Regulation 2 gives the date of commencement of the Regulations as 1 July 1992.

Regulation 3 defines various terms and expressions used in the Regulations.

Regulation 4 attaches the deer slaughter levy, the deer velvet levy, the deer export charge and the deer velvet export charge to the Rural Industries Research and Development Corporation for the purposes of subsection 5(1) of the Act. For the purposes of paragraphs 5(3)(a) and 5(3)(b) of the Act, regulation 4 declares the whole of each of these specified levies and charges to be the research component of these levies and charges, and also declares the deer industry to be the primary industry to which these levies and charges relate in accordance with subsection 9(2) of the Act.

Regulation 5 sets out the kinds of accounting records which the Corporation is required to keep for the deer industry.

Under Subregulation 5(1), the Corporation is required to keep separate accounting records for deer industry research and development activities to give effect to paragraph 40 (1)(a) of the Act.

Subregulation 5(2) gives effect to paragraph 40 (1)(b) of the Act by requiring the Corporation to credit in the accounting records the following specified amounts of deer industry research and development income:

•       amounts of levies and charges received by the Commonwealth on behalf of the deer industry;

•       matching amounts paid by the Commonwealth;

•       contributions to deer industry research and development activities;

•       income derived from sales of property purchased or produced, or from dealing with patents, or in respect of work paid for, in connection with deer industry research and development; and

•       interest earned by investing the above amounts.

Subregulation 5(3) specifies the amounts of expenditure for deer industry research and development activities to be debited in the accounting records as all those amounts specified in section 33 of the Act, which establishes the purposes for which the Rural Industries Research and Development Corporation may spend money in respect of the deer industry. These include:

•       funding research and development activities approved under an annual operational plan in force at the time of payment;

•       payment of the Corporation's expenses and liabilities associated with operational and running costs;

•       payment of remuneration and allowances for directors and committee members;

•       payments of levy collection and associated costs to the Commonwealth, and reimbursement of the Commonwealth for levy refunds; and

•       payment of the costs incurred by a Selection Committee in carrying out its responsibilities in selecting appointees to the Corporation's Board.

Subregulation 5(4) provides for deer industry levy income credited under Subregulation 5(2) to be spent only on research and development for the deer industry.

 

Overview

The Rural Industries Research and Development Corporation (Deer) Regulations 1992 were enacted to address the need for a regulatory framework that aligns the research and development activities of the Rural Industries Research and Development Corporation with the specific needs of the deer industry. These regulations were introduced under the authority of the Primary Industries and Energy Research and Development Act 1989, which empowers the Governor-General to create regulations for the purposes of the Act. The overarching policy objective of these regulations is to ensure that the deer industry receives targeted research and development funding, thus fostering industry growth and sustainability. The Regulations establish a clear connection between the specified levies and charges related to the deer industry and the Rural Industries Research and Development Corporation. By declaring that the entirety of the deer slaughter levy, the deer velvet levy, the deer export charge, and the deer velvet export charge are to be considered as the research component of these levies and charges, the Regulations ensure that funds raised through these levies are directly funneled into research and development activities within the deer industry. Furthermore, these regulations mandate the Corporation to maintain separate accounting records for all activities pertaining to the deer industry, thereby ensuring transparency and accountability in the use of these funds.

Scope and Application

The Rural Industries Research and Development Corporation (Deer) Regulations 1992, made under the Primary Industries and Energy Research and Development Act 1989, extend the responsibilities of the Rural Industries Research and Development Corporation to include the deer industry. These regulations apply to the Rural Industries Research and Development Corporation, a statutory body established to promote research and development in primary industries, and specifically to the deer industry in this case. They declare a levy to be attached to the Corporation, specifically the deer slaughter levy, the deer velvet levy, the deer export charge, and the deer velvet export charge. The whole of these specified levies and charges are declared to be the research component of the levy or charge, with the deer industry identified as the primary industry to which these levies and charges relate. The regulations also require the Corporation to keep separate accounting records for deer industry research and development activities, crediting certain specified amounts of deer industry research and development income, and debiting expenditure for deer industry research and development activities. These regulations, along with the Primary Industries Levies and Charges Collection (Deer and Deer Velvet) Regulations, give effect to the deer industry levy and charge Acts and commenced on 1 July 1992.

Key Provisions

The Rural Industries Research and Development Corporation (Deer) Regulations 1992, under Section 5(1) of the Primary Industries and Energy Research and Development Act 1989, declare a levy attached to the Rural Industries Research and Development Corporation. These levies and charges are imposed by the Deer Slaughter Levy Act 1992, the Deer Expo Charge Act 1992, the Deer Velvet Levy Act 1992, and the Deer Velvet Export Charge Act 1992. The Regulations specify that the entirety of these levies and charges will form the research component of each levy or charge, as required by Section 5(3)(a) of the Act. Additionally, the deer industry is declared as the primary industry to which these levies relate, aligning with Section 5(3)(b) and Section 9(2) of the Act. The Regulations extend the Corporation's responsibilities to include the deer industry by attaching the specified levies and charges to the Corporation and declaring the deer industry as the primary industry. The obligations imposed by the Regulations on the Rural Industries Research and Development Corporation include maintaining separate accounting records for deer industry research and development activities. Regulation 5(1) mandates these separate accounting records, which must reflect the specific financial transactions related to deer industry research and development activities. Regulation 5(2) further requires the Corporation to credit certain specified amounts in the accounting records, such as amounts of levies and charges received by the Commonwealth, matching amounts paid by the Commonwealth, contributions to deer industry research and development activities, income derived from sales of property or patents, and interest earned from investments. Regulation 5(3) specifies the types of expenditures to be debited in the accounting records, including funding for approved research and development activities, operational expenses, remuneration for directors and committee members, and costs related to levy collection and selection committee activities. The Act imposes penalties and consequences for non-compliance with the Regulations. While the specific penalties are not detailed in the provided text, breaches of regulations governing the Rural Industries Research and Development Corporation typically attract civil or administrative penalties. These may include fines or other sanctions that aim to enforce compliance with the statutory requirements. Additionally, failure to maintain accurate and separate accounting records as required by the Regulations can lead to audits, investigations, and potential legal actions to ensure that the Corporation adheres to its financial obligations and statutory duties. Such non-compliance can also affect the Corporation's credibility and its ability to secure funding for future research and development activities.

Legal classification tags

Area of Law
Administrative Law
Environmental Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Regulatory Standards
Licensing & Registration

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.