Rural Industries Research and Development Corporation (Amendment) Regulations 1995 No. 205
EXPLANATORY STATEMENT
STATUTORY RULES 1995 No. 205
Issued by the Authority of the Minister for Primary Industries and Energy
Primary Industries and Energy Research and Development Act 1989
Rural Industries Research and Development Corporation (Amendment) Regulations
Section 149 of the Primary Industries and Energy Research and Development Act 1989 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act prescribing matters required or permitted by the Act to be prescribed, or necessary to be prescribed for carrying out or giving effect to the Act.
Section 149 of the Primary Industries and Energy Research and Development Act 1989 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act prescribing matters required or permitted by the Act to be prescribed, or necessary to be prescribed for carrying out or giving effect to the Act.
The purpose of the Primary Industries and Energy Research and Development Act 1989 is to establish Research and Development Corporations in respect of primary industries, including energy, which have as their main object to improve the funding of primary industries research and development to increase the economic. environmental and social benefits to the rural and wider community, and to achieve the sustainable use and management of Australia's natural resources. The Act specifically establishes the Rural Industries Research and Development Corporation (RIRDC) which incorporates industries which have decided not to establish a separate R&D Corporation or to incorporate with another R&D Corporation.
The Rural industries Research and Development Corporation Regulations (the Regulations) are established under the Act to facilitate research and development activities on behalf of industries defined in regulation 3 of the Regulations.
The purpose of the amendments to the Regulations is to provide that research and development activities be carried out for the buffalo industry by RIRDC. The Meat Research Corporation has previously been paid amounts equal to the research component of the buffalo industry levy and charge, but the buffalo industry, being a relatively small industry in Australia believes that RIRDC would be better able to meet its needs and has requested that it take over this role.
Details of the Rural Industries Research and Development Corporation (Amendment) Regulations are as follows:
Regulation 1 - Commencement
This regulation provides for the Regulations to commence at the same time as the Acts forming the Meat and Live-stock Industry Review package on 1 July 1995.
Regulation 2 - Amendment
This regulation provides for the Rural Industries Research and Development Corporation Regulations to be amended.
Regulation 3 - New regulations 9J and 9K
This regulation defines the buffalo industry and provides for the payment of levy and charge collected for research and development purposes in accordance with the Live-stock Slaughter Levy Act 1964 and Live-stock Export Charge Act 1990 to be paid to the Rural Industries Research and Development Corporation: requiring the Rural Industries Research and Development Corporation to maintain separate accounting records for the buffalo industry; and detailing the recording of transactions for the buffalo industry.
Overview
The Rural Industries Research and Development Corporation (Amendment) Regulations 1995 were enacted to address a specific gap in the research and development activities for the buffalo industry in Australia. The Primary Industries and Energy Research and Development Act 1989 established the Rural Industries Research and Development Corporation (RIRDC) to facilitate research and development activities on behalf of various industries, but initially did not include provisions for the buffalo industry. The amendments were introduced in response to the buffalo industry's belief that RIRDC would better meet their research and development needs compared to the Meat Research Corporation, which had previously handled such activities.
These Regulations were issued by the Minister for Primary Industries and Energy under the authority of the Act, with the policy objective of enhancing the funding and management of research and development for the buffalo industry, thereby contributing to the sustainable use and management of Australia's natural resources and increasing economic, environmental, and social benefits for the community. The amendments took effect on 1 July 1995, aligning with the commencement of the Meat and Livestock Industry Review package. The key changes include the definition of the buffalo industry and the allocation of the research component of the buffalo industry levy and charge to RIRDC, necessitating separate accounting records and transaction details for the buffalo industry.
Scope and Application
The Rural Industries Research and Development Corporation (Amendment) Regulations 1995, under the Primary Industries and Energy Research and Development Act 1989, primarily apply to the buffalo industry within Australia. These regulations amend the existing Rural Industries Research and Development Corporation Regulations to facilitate the transfer of research and development responsibilities for the buffalo industry from the Meat Research Corporation to the Rural Industries Research and Development Corporation (RIRDC). The purpose of these amendments is to better align research and development efforts with the specific needs of the relatively small buffalo industry in Australia. The geographic reach of these regulations is national, as they pertain to the buffalo industry across the Commonwealth of Australia. The amendments include specific provisions for the buffalo industry, such as maintaining separate accounting records and detailing the recording of transactions related to research and development levies and charges collected under the Livestock Slaughter Levy Act 1964 and Livestock Export Charge Act 1990. The regulations also establish the commencement date as 1 July 1995, aligning with the broader Meat and Livestock Industry Review package.
Key Provisions
The main operative sections of the Rural Industries Research and Development Corporation (Amendment) Regulations 1995 (No. 205) include Regulation 1, which sets the commencement date of the Regulations to be simultaneous with the Acts forming the Meat and Livestock Industry Review package, on 1 July 1995 (Regulation 1). Regulation 2 mandates the amendment of the existing Rural Industries Research and Development Corporation Regulations to reflect the changes brought about by this amendment (Regulation 2). Regulation 3 introduces new regulations 9J and 9K, which pertain specifically to the buffalo industry (Regulation 3). Regulation 9J defines the buffalo industry and outlines the process for the levy and charge collected for research and development purposes under the Livestock Slaughter Levy Act 1964 and Livestock Export Charge Act 1990 to be paid to the Rural Industries Research and Development Corporation (Regulation 9J). Regulation 9K requires the Rural Industries Research and Development Corporation to maintain separate accounting records for the buffalo industry and details the recording of transactions for the buffalo industry (Regulation 9K).
The obligations and requirements imposed by these Regulations on the parties or entities it governs include the necessity for the Rural Industries Research and Development Corporation to maintain separate accounting records specifically for the buffalo industry. This requirement ensures that there is clear and distinct financial tracking for the funds allocated for the buffalo industry's research and development activities. The Regulations also mandate that the levy and charge collected under the Livestock Slaughter Levy Act 1964 and Livestock Export Charge Act 1990 be directed to the Rural Industries Research and Development Corporation for the purpose of funding research and development activities in the buffalo industry. Additionally, the Regulations necessitate detailed recording of all transactions related to the buffalo industry, ensuring transparency and accountability in the use of funds.
Any breaches of the Rural Industries Research and Development Corporation (Amendment) Regulations 1995 (No. 205) could potentially lead to legal consequences, though the specific offences, penalties, or civil/criminal consequences are not detailed within the text of the Explanatory Statement. Typically, breaches of regulations in Australia can result in fines, legal action, or other penalties as prescribed by the relevant Acts or subsidiary legislation. The exact nature and severity of these consequences would depend on the specific breach and the discretion of the relevant authorities in enforcing the regulations. However, the maximum penalties for breaches of such regulations are not explicitly stated in the provided text, and would need to be referred to in the primary legislation or related Acts for precise details.