Rural Industries Research and Development Corporation Regulations (Amendment) 1995 No. 166
EXPLANATORY STATEMENT
STATUTORY RULES 1995 No. 166
Issued by the Authority of the Minister for Primary Industries and Energy
Rural Industries Research and Development Corporation Regulations (Amendment)
Section 149 of the Primary Industries and Energy Research and Development Act 1989. (the Act) provides for the Governor-General to 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 Honeybee Research and Development Council was established by Regulations under the Act to conduct research and development activities on behalf of the honey industry. The Council operated autonomously, having its own Board, and separate reporting and accountability requirements in accordance with the Act.
The Task Force of the Budget Review of Rural Research and Development questioned whether the budgets of the research and development Councils are sufficient to implement optimal research management and administrative arrangements.
The Task Force recommended that "Department of Primary Industries and Energy and, as appropriate, the Minister initiate discussions with the relevant industries with a view to exploring alternative options to the current Council arrangements, while maintaining the current level of industry involvement and responsibility".
Consequently, the Honeybee Research and Development Council has been terminated and the research and development functions of the industry established under the Rural Industries Research and Development Corporation.
The Federal Council of Australian Apiarists Associations, the acknowledged representative industry organisation for the honey industry, wrote to the Minister for Primary industries and Energy supporting the change in the research and development administrative arrangements. The Federal Council of Australian Apiarists' Associations has negotiated with the Rural Industries Research and Development Corporation for the establishment of a honey advisory committee under the Corporation having composition, functions and responsibilities similar to the Honeybee Research and Development Council.
The new arrangements offer a simplified structure under which the research and development program of the research and development Council can be maintained along with existing levels of industry responsibility and involvement for the program. significant cost savings will be achieved under the new arrangements effectively maximising industry levy funds available for research and development activities.
Regulation 1 provides for a commencement date of 1 July 1995.
Regulation 2 provides for the Rural Industries Research and Development Corporation regulations to be amended.
Regulation 3 defines the honeybee industry and provides for the payment of levies collected for research and development purposes to be paid to the Rural Industries Research and Development Corporation;
• requires the Rural Industries Research and Development Corporation to maintain separate accounting records for the honeybee industry and
• details the recording of transactions for the honeybee industry.
The regulations commence on July 1995.
Overview
The Rural Industries Research and Development Corporation Regulations (Amendment) 1995 No. 166 was enacted to address the inefficiencies and financial concerns associated with the administrative arrangements of the Honeybee Research and Development Council. This amendment was introduced by the Minister for Primary Industries and Energy under Section 149 of the Primary Industries and Energy Research and Development Act 1989, aiming to streamline the research and development program for the honey industry while ensuring continued industry involvement and responsibility. The Budget Review Task Force had previously questioned the sufficiency of the Council's budgets to implement optimal research management, prompting the transition of the Council's functions to the Rural Industries Research and Development Corporation. This change was supported by the Federal Council of Australian Apiarists' Associations, which negotiated the establishment of a honey advisory committee under the Corporation, mirroring the previous council's composition and responsibilities. The new arrangements aim to simplify the structure, ensure cost savings, and maximize industry levy funds available for research and development activities.
Scope and Application
The Rural Industries Research and Development Corporation Regulations (Amendment) 1995 No. 166, issued under the authority of the Minister for Primary Industries and Energy, pertains to the amendment of regulations concerning the Rural Industries Research and Development Corporation. The regulations apply to the honeybee industry, specifically focusing on the termination of the Honeybee Research and Development Council and the transfer of its functions to the Rural Industries Research and Development Corporation. This amendment is intended to streamline the administrative arrangements for research and development activities within the honey industry while maintaining industry involvement and responsibility. The amendment also provides for the establishment of a honey advisory committee under the Rural Industries Research and Development Corporation, ensuring continuity in the industry's representation and responsibilities. The regulations, which commence on 1 July 1995, aim to achieve cost savings and optimise the use of industry levy funds for research and development activities.
Key Provisions
The Rural Industries Research and Development Corporation Regulations (Amendment) 1995 No. 166 primarily serves to amend the existing regulations under the Primary Industries and Energy Research and Development Act 1989. Section 149 of the Act allows for regulations to be made by the Governor-General, and these amendments are in line with this provision. Regulation 1 sets a commencement date for these amendments, effective from July 1, 1995. Regulation 2 amends the existing Rural Industries Research and Development Corporation regulations, and Regulation 3 introduces specific provisions related to the honeybee industry, including the payment of research and development levies to the Rural Industries Research and Development Corporation and the maintenance of separate accounting records for the honeybee industry.
Under these regulations, the Rural Industries Research and Development Corporation is mandated to maintain separate accounting records for the honeybee industry and to ensure that levies collected for research and development purposes are appropriately allocated to the Corporation. The regulations specify the manner in which these transactions should be recorded and managed. This includes ensuring that all financial transactions related to the honeybee industry are meticulously documented, and that the Corporation maintains clear and distinct records to reflect these transactions accurately.
The obligations imposed by these regulations are primarily administrative and financial in nature. The Rural Industries Research and Development Corporation must ensure that it adheres to the provisions set out in the amended regulations, particularly those relating to the payment of levies and the maintenance of accounting records. This includes setting up systems and processes to accurately track and record financial transactions related to the honeybee industry, ensuring transparency and accountability in the use of funds collected from the industry for research and development activities.
Breaching these obligations could result in various consequences. While specific penalties are not detailed within the explanatory statement, breaches of regulations under the Primary Industries and Energy Research and Development Act 1989 can generally lead to enforcement actions by the relevant authorities. Such actions may include fines, legal proceedings, or other administrative penalties aimed at ensuring compliance with the regulatory framework. The severity of the consequences would depend on the nature and extent of the breach, but it is clear that compliance with the amended regulations is crucial to avoid potential repercussions.