Rural Industries Research and Development Corporation Regulations (Amendment) 1992 No. 131
EXPLANATORY STATEMENT
STATUTORY RULES 1992 No. 131
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 Regulations (Amendment)
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.
Section 9 of the Act establishes the Rural Industries Research And Development Corporation (the Corporation) and provides that the regulations may specify the primary industries or class of primary industries in respect of which the Corporation is established.
Section 5 of the Act provides for a declaration by the regulations as to the levies to be attached to the Corporation. The whole of the levies imposed by section 5 of the Rice Levy Act 1991 is attached by the regulations under this provision.
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, specify the amounts to be credited and debited in the accounting records and the manner in which the amounts are to be calculated. It also provides that the regulations may make provision in relation to the expenditure of money to which the accounting records relate.
The regulations require the Corporation to keep separate accounting records for the rice industry, specify the amounts to be credited and debited to the account and restrict expenditure from rice accounts to research and development activities in respect of rice.
The regulations omit triticale. Section 6 of the Act provides for a levy to be redirected from one Corporation to another. Paragraph 5(1)(d) of the Grains Research and Development Corporation Regulations (SR No 19901235) provides for triticale to be redirected from the Rural Industries Research and Development Corporation to the Grains Research and Development Corporation.
The regulations also make minor changes of a drafting nature to existing regulations for pasture seeds and goat fibre levies.
Details of the proposed regulations are set out below:
Regulation 1.1 provides for the existing regulations to be amended
Regulation 2 provides for additional definitions to be inserted into Regulation 2 (Interpretation) of the existing regulations
Regulation 3 provides for Regulation 4 (Attachment of the triticale levy) of the existing regulations, to be omitted
Regulation_4 provides for Regulation 5 (Accounting records for triticale) of the existing regulations, to be omitted. See Regulation 3 above.
Regulation 5.1 provides for Regulation 7 (Accounting records for pasture seed levy) of the existing regulations, to be amended to take Into account the appropriate collection Act
Regulation 5.2 provides for minor deletions to Regulation 7 (Accounting records for pasture seed levy), paragraphs 7(2)(b) and (c), of the existing regulations, which do not affect the regulations' intention or meaning
Regulation 5.3 provides for minor drafting amendments to Regulation 7 (Accounting records for pasture seed levy), paragraph 7(2)(d) of the existing regulations, which do not affect the regulations' intention or meaning
Regulation 6 provides for similar changes to Regulation 9 (accounting records for goat fibre) of the existing regulations, as those made to pasture seed levy in Regulations 5.1, 5.2 and 5.3 above.
Regulation 7 inserts new regulations after Regulation 9 (Accounting records for goat fibre levy) in the existing regulations. Regulation 9A declares the research levy imposed by section 5 of the Rice Levy Act 1991 to be attached to the Corporation and the growing of rice to be the primary industry to which the levy relates. Regulation 9B requires the Corporation to keep separate accounting records for the rice industry, specifies the amounts to be credited and debited to the account and restricts expenditure from rice accounts to research and development activities in respect of the growing of rice.
The proposed regulations would commence on gazettal.
Overview
The Rural Industries Research and Development Corporation Regulations (Amendment) 1992 No. 131, issued under the authority of the Minister for Primary Industries and Energy, amends the Rural Industries Research and Development Corporation Regulations made under the Primary Industries and Energy Research and Development Act 1989. This Act was enacted to facilitate research and development in primary industries, with the policy objective of enhancing productivity, sustainability, and competitiveness within these sectors. The proposed regulations aim to address specific gaps by redistributing levies and refining accounting records for certain industries, ensuring that funds are accurately allocated and managed for research and development activities. This amendment notably omits triticale from the scope of the Rural Industries Research and Development Corporation, instead directing its levy to the Grains Research and Development Corporation, and also makes minor adjustments to the accounting records for pasture seeds and goat fibre levies to align with relevant collection acts.
Scope and Application
The Rural Industries Research and Development Corporation Regulations (Amendment) 1992 No. 131 applies to the Rural Industries Research and Development Corporation established under the Primary Industries and Energy Research and Development Act 1989. The regulations amend existing provisions to specify the primary industries or class of primary industries in respect of which the Corporation is established, including attaching the whole of the levies imposed by section 5 of the Rice Levy Act 1991 to the Corporation, and requiring the Corporation to keep separate accounting records for the rice industry. The regulations also omit triticale from the list of primary industries and make minor drafting changes to existing regulations for pasture seeds and goat fibre levies. The regulations apply to the Commonwealth of Australia and extend or restrict application through subordinate instruments. Exclusions or exemptions are not explicitly stated in the text.
Key Provisions
The Rural Industries Research and Development Corporation Regulations (Amendment) 1992 No. 131 establishes and modifies certain provisions related to the Rural Industries Research and Development Corporation, as outlined in Section 149 of the Primary Industries and Energy Research and Development Act 1989 (the Act) (s. 1). These regulations, under the authority of the Minister for Primary Industries and Energy, amend existing regulations to better align with the Corporation's objectives and operational needs. Section 9 of the Act establishes the Corporation and allows the regulations to specify the primary industries or classes of industries it oversees. In this case, the regulations specify the rice industry as a primary focus (s. 9).
The Act also provides for a declaration regarding the levies to be attached to the Corporation (s. 5). These regulations attach the whole of the levies imposed by Section 5 of the Rice Levy Act 1991 to the Corporation. This means that all levies collected under the Rice Levy Act will now be managed by the Corporation for specified purposes. Furthermore, Section 40 of the Act mandates that the Corporation must maintain separate accounting records for funding specified classes of research and development activities. These regulations detail the amounts to be credited and debited in the accounting records and the manner in which these amounts are to be calculated. They also restrict expenditure from rice accounts to research and development activities in respect of rice (s. 40).
The regulations impose several obligations on the Corporation. Firstly, the Corporation is required to keep separate accounting records for the rice industry, specifying the amounts to be credited and debited to the account (s. 40). These records must ensure that all financial transactions related to rice research and development are accurately documented. Secondly, the regulations restrict the expenditure from rice accounts to only those activities that directly relate to the research and development of rice. This ensures that funds are used efficiently and effectively for their intended purpose. Additionally, the regulations omit triticale from the list of industries overseen by the Corporation, redirecting its levy to the Grains Research and Development Corporation as per Section 6 of the Act (s. 6).
In terms of compliance, these regulations outline specific penalties and consequences for breaches. While the explanatory statement does not provide explicit details on penalties, breaches of regulations related to accounting records and financial management can lead to various civil or criminal consequences under the broader legislative framework. Typically, such breaches could result in fines, legal action, or other administrative penalties. The exact penalties would depend on the nature and severity of the breach, as well as the specific provisions of the Primary Industries and Energy Research and Development Act and other relevant legislation.
These regulations, once gazetted, will come into effect immediately, ensuring that the Corporation can swiftly adapt to the new requirements and continue its work in supporting research and development in the specified primary industries. The amendments aim to streamline the Corporation's operations, improve financial management, and ensure that resources are directed towards the most pressing research and development needs within the specified industries.