Rural Industries Research and Development Corporation Regulations (Amendment) 1992 No. 201
EXPLANATORY STATEMENT
STATUTORY RULES 1992 No. 201
Issued by the authority of the Minister of State for Primary Industries and Energy
Primary Industries and Energy Research and Development Act
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 Export Charge Act 1992, the Deer Velvet Levy Act 1992 and the Deer Velvet Export Charge Act 199 (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 A
DETAILS OF THE RURAL INDUSTRIES RESEARCH AND DEVELOP CORPORATION REGULATIONS (AMENDMENT)
Regulation 1 gives the date of commencement of the Regulations as 1 July 1992.
Regulation 2 defines the Regulations to be amended as the Rural Industries Research and Development Corporation Regulations.
Regulation 3 specifies the deer industry as a primary industry in respect of which the Rural Industries Research and Development Corporation is established. Subregulation 3(1) of regulation 3 (Primary Industries) is amended by inserting new paragraph 3(1)(da) which defines the deer industry as the industry concerned with the raising, breeding and slaughter of deer; the export of live deer; and the production, processing and export of deer velvet.
Overview
The Rural Industries Research and Development Corporation Regulations (Amendment) 1992, issued under the authority of the Minister of State for Primary Industries and Energy, aim to address the need for specific regulatory frameworks to support the research and development needs of the deer industry in Australia. This amendment arises from the enactment of the Primary Industries and Energy Research and Development Act 1989, which established the Rural Industries Research and Development Corporation to facilitate research and development activities across various primary industries. By declaring that the whole of the specified deer industry levies and charges are to be the research component, and by extending the Corporation’s responsibilities to include the deer industry, the Regulations ensure that financial resources collected through these levies are appropriately allocated for research purposes. The policy objective is to enhance research and development initiatives in the deer industry, thereby supporting industry growth and sustainability.
These regulations, which also require the Corporation to maintain separate accounting records for deer industry research and development activities, are designed to provide clarity and accountability in the use of levy funds. They complement the Primary Industries Levies and Charges Collection (Deer and Deer Velvet) Regulations and together they operationalise the legislative intent behind the deer industry levy and charge Acts. The regulations come into effect on 1 July 1992, aligning with the commencement date of the associated levy and charge Acts.
Scope and Application
The Rural Industries Research and Development Corporation Regulations (Amendment) 1992 No. 201, under the Primary Industries and Energy Research and Development Act 1989, extends the scope of the Rural Industries Research and Development Corporation to include the deer industry. These regulations, which commence on 1 July 1992, declare the deer industry as a primary industry to which the Corporation is established and require the Corporation to attach the specified levies and charges imposed by the Deer Slaughter Levy Act 1992, the Deer Export Charge Act 1992, the Deer Velvet Levy Act 1992, and the Deer Velvet Export Charge Act 1992. The whole of each of these levies and charges are declared as the research component, and the Corporation is required to keep separate accounting records in respect of these activities. The regulations further specify the primary industry to which these levies relate, ensuring alignment with the Corporation's established purpose. This amendment is complemented by the Primary Industries Levies and Charges Collection (Deer and Deer Velvet) Regulations, which collectively provide a framework for the administration of these levies within the deer industry.
Key Provisions
The primary operative sections of the Rural Industries Research and Development Corporation Regulations (Amendment) 1992 No. 201 involve the attachment of specific levies and charges to the Rural Industries Research and Development Corporation (RIR&DC) (Regulation 3). These levies and charges, as outlined in the Deer Slaughter Levy Act 1992, the Deer Export Charge Act 1992, the Deer Velvet Levy Act 1992, and the Deer Velvet Export Charge Act 1992, are fully designated as the research component of the levy (Paragraph 5(3)(a) of the Primary Industries and Energy Research and Development Act 1989). Additionally, the deer industry is declared as the primary industry to which these levies relate (Paragraph 5(3)(b)). Section 40 of the Act allows the regulations to require the RIR&DC to maintain separate accounting records for specified classes of research and development activities, and the Regulations mandate that the RIR&DC keep separate records for deer industry research and development activities.
The obligations imposed on the parties governed by these Regulations include the attachment of specified levies and charges to the RIR&DC, as well as the requirement for the Corporation to maintain detailed accounting records for deer industry research and development activities. This entails the segregation of financial records to accurately reflect the allocation and expenditure of funds raised through the specified levies and charges. The Regulations also extend the scope of the RIR&DC to include the deer industry, necessitating that the Corporation administer and manage research and development activities within this industry.
The legislation outlines various consequences for breaches of the Regulations. While the specific penalties are not detailed within the provided text, it is reasonable to infer that breaches of statutory requirements, such as the failure to attach specified levies or maintain proper accounting records, could result in civil or administrative penalties. Such penalties may include fines or other sanctions imposed by the relevant authorities. Additionally, failure to comply with the requirements to declare and manage the deer industry levies and charges could lead to legal action, with potential civil or criminal consequences depending on the severity and intent of the breach.