EXPLANATORY STATEMENT
STATUTORY RULES 1986 No. 41
Issued by the Authority of the Minister for Primary Industry
RURAL INDUSTRIES RESEARCH REGULATIONS (AMENDMENT)
The Rural Industries Research Act 1985 is concerned with the organisation and administrative arrangements under which Government and industry monies are allocated to rural industry research. Funds are allocated by Research Councils or State Research Committees representing each of the industries for which research levies are collected under Commonwealth legislation. The objects of this legislation are to ensure expenditure on rural industry research increases the commercial returns to producers and to improve accountability for expenditure on rural research and development.
Section 62 of the Rural Industries Research Act 1985 (the Act) provides that the Governor-General may make regulations prescribing all matters necessary or convenient to be prescribed for giving effect to the Act.
The Act provides for a Research Fund and Research Council to be established for Barley, Chicken Meat, Cotton, Dairy, Dried Fruits, Honey, Oilseeds, Pigs, Poultry, Tobacco and Wheat. It also provides for a Fund by the name of the Australian Special Rural Research Fund and a Council by the name of the Australian Special Rural Research Council to be established.
Sub-sections 6(3) and (4) and 11(3) and (4) of the Act provide for the establishment of Research Trust Funds and Research Councils for commodities other than those listed above.
When the Act received Royal Assent on 3 October 1985, there were no statutory research arrangements in place for grain legumes. Legislative research arrangements were subsequently introduced and a Grain Legumes Levy Act 1985 and a Grain Legumes Levy Collection Act 1985 have operated since 1 November 1985. The Governor-General made the Rural Industries Research Regulations on 30 January 1986 prescribing the levy imposed by sub-section 6(1) of the Grain Legumes Levy Act 1985 and establishing the Grain Legumes Research Trust Fund and the Grain Legumes Research Council.
Regulations for the commodities listed above and the Australian Special Rural Research Fund and the Australian Special Rural Research Council are prepared as an amendment to the Rural Industries Research Regulations. They provide for the establishment of Research Trust Funds and Research Councils as listed in Schedule 1 of the Act and State Research Committees as listed in Schedule 2 of the Act by prescribing relevant levies to commence from 1 April 1986. This will continue already established rural research in these commodities.
Overview
The Rural Industries Research Act 1985 was enacted to establish a structured framework for the allocation of government and industry funds towards research in rural industries, ensuring that such expenditures contribute to the commercial returns of producers while enhancing accountability for research and development spending. This Act was brought into force by the Parliament of Australia with the intention of improving the efficiency and effectiveness of rural industry research funding. The Act mandates the creation of Research Funds and Research Councils for specified commodities such as barley, chicken meat, cotton, dairy, dried fruits, honey, oilseeds, pigs, poultry, tobacco, and wheat, as well as an Australian Special Rural Research Fund and Council. The legislative intent is to facilitate the allocation of funds by these councils or committees, thereby fostering better coordination and targeted research efforts within the rural industries sector.
The Rural Industries Research Regulations (Amendment) of 1986 were introduced to address the legislative gap for grain legumes, which were not covered under the original Act. This amendment was necessary to establish a statutory framework for grain legumes research, similar to the arrangements for other commodities. The amendment established the Grain Legumes Research Trust Fund and Council, aligning grain legumes with the existing legislative structure for other rural industries. These regulations prescribe the necessary levies and the establishment of relevant funds and councils, ensuring that research activities for grain legumes are adequately funded and managed. This amendment aimed to continue and enhance the research efforts in grain legumes, in line with the overarching objectives of the Rural Industries Research Act 1985.
Scope and Application
The Rural Industries Research Act 1985, as amended by the Rural Industries Research Regulations (Amendment) 2004, governs the allocation of government and industry funds towards rural industry research, ensuring these funds increase commercial returns for producers and improve accountability for research and development expenditure. This legislation applies to specific rural industries, including barley, chicken meat, cotton, dairy, dried fruits, honey, oilseeds, pigs, poultry, tobacco, and wheat, as well as establishing the Australian Special Rural Research Fund and Council. The Act allows for the establishment of additional Research Trust Funds and Councils for commodities not explicitly listed, through subordinate instruments such as regulations. These provisions apply across Australia, with the research funds and councils established to facilitate the allocation and oversight of research levies collected under Commonwealth legislation. Exclusions or exemptions are not explicitly stated in the provided text, and the scope of the Act is extended through the making of regulations by the Governor-General.
Key Provisions
The main operative sections of the Rural Industries Research Regulations (Amendment) 1986 concern the establishment of Research Trust Funds and Research Councils for specific rural industries, as well as the Australian Special Rural Research Fund and Council. These sections (sub-sections 6(3) and (4), 11(3) and (4)) allow for the creation of funds and councils for commodities not originally listed in the Rural Industries Research Act 1985, such as grain legumes. This amendment facilitates the allocation of government and industry funds for research in these additional areas, ensuring that the research efforts are focused on increasing commercial returns and improving accountability.
The obligations and requirements imposed by the Act on the parties involved include the establishment of Research Trust Funds and Research Councils for the specified rural industries. This involves the collection of levies from industry participants to finance research activities. The Research Councils are responsible for the administration and oversight of the funds, ensuring that the research is conducted in a manner that aligns with the objectives of the Act. The State Research Committees are also mandated to provide representation and input into the research process, reflecting the interests of the respective industries.
Breach of the provisions outlined in the Rural Industries Research Act 1985 and its regulations can lead to various consequences. While the specific offences and penalties are not detailed in the explanatory statement, it is understood that breaches of statutory requirements under the Act could result in civil or criminal penalties. The maximum penalties for such breaches are not specified in the explanatory statement, but they could include fines or other sanctions as determined by the relevant courts. The precise nature and extent of these penalties would be governed by the broader legal framework under which the Act operates.
Overall, the Rural Industries Research Regulations (Amendment) 1986 play a crucial role in formalising the administrative and financial arrangements for rural industry research. By establishing Research Trust Funds and Councils for additional commodities, the amendment ensures that research efforts are comprehensive and well-supported, thereby contributing to the overall objectives of the Act. The obligations placed on the various parties involved ensure that the research process is accountable and aligned with the needs of the industry. While the specific penalties for breaches are not detailed in the explanatory statement, the potential consequences underscore the importance of compliance with the Act and its regulations.