EXPLANATORY STATEMENT
STATUTORY RULES 1990 NO. 120
Issued by the Authority of the Minister for Primary Industries and Energy.
RURAL INDUSTRIES RESEARCH ACT 1985
RURAL INDUSTRIES RESEARCH REGULATIONS (AMENDMENT)
Section 39F of the Rural Industries Research Act 1985 (the Act) provides that regulations may attach a levy or class of levy to the Special Research Fund and Special Research Council established under the Act.
Section 62 of 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 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.
It is proposed that these Regulations be amended to include levies collected for the purpose of financing research and development relevant to the triticale and pasture seed industries.
The Triticale Levy Act 1988 and the Triticale Levy Collection Act 1988 provide for the imposition and collection of a levy of $1 per tonne on leviable triticale either, delivered by the grower to another person other than for storage on behalf of the grower, or processed by the grower. This levy came into operation on 1 January 1989.
The Pasture Seed Levy Act 1989 and Pasture Seed Levy Collection Act 1989 provide for the imposition and collection of a levy on certain pasture seeds produced in Australia. A levy of $7-50, $10-00 and $12-50 per tonne on certified production of medics, clovers and lucerne respectively came into operation in December 1989, although collections did not commence until January 1990.
All monies collected by the triticale and pasture seed levies will be channelled directly through the Special Research Fund, which was established by the Act. To enable this to take place it is declared that the whole of the triticale and pasture seed levies are for research and that from 1 April 1989 and 1 April 1990 respectively levy payments will be attached to the Special Research Fund and Special Research Council.
Overview
The Rural Industries Research Regulations (Amendment) Statutory Rules 1990, enacted by the authority of the Minister for Primary Industries and Energy, were introduced to address the need for a more comprehensive approach to financing research and development within the rural industry sector. The Rural Industries Research Act 1985, established to organise and administer the allocation of government and industry funds for rural industry research, was initially designed to increase commercial returns for producers and enhance accountability for research expenditure. However, the 1990 amendments were necessitated by the introduction of specific levies for triticale and pasture seed industries, which required integration into the Special Research Fund and Council to ensure efficient management and utilisation of these funds for relevant research activities. These amendments were intended to facilitate the collection and allocation of levies imposed under the Triticale Levy Act 1988 and the Pasture Seed Levy Act 1989, ensuring that the proceeds from these levies are directed towards research initiatives that benefit the respective industries.
Scope and Application
The Rural Industries Research Act 1985, as amended by these Regulations, applies to the collection, allocation, and management of funds raised through levies on specific rural industries to support research and development. The Act establishes the framework for the Rural Industries Research Council and State Research Committees, which are responsible for allocating funds collected from the triticale and pasture seed industries to research initiatives. The funds collected through the triticale and pasture seed levies, as stipulated in the Triticale Levy Act 1988, the Triticale Levy Collection Act 1988, the Pasture Seed Levy Act 1989, and the Pasture Seed Levy Collection Act 1989, are directed towards the Special Research Fund and Special Research Council. These levies apply to producers and processors of triticale and certain pasture seeds within Australia and are intended to enhance the commercial returns to producers and ensure accountability for research expenditure. The Regulations amend the Rural Industries Research Act 1985 to incorporate the triticale and pasture seed levies into the Special Research Fund from specified dates, facilitating the direct allocation of these funds towards relevant research activities.
Key Provisions
The main operative sections of the Rural Industries Research Regulations (Amendment) focus on the attachment of new levies to the Special Research Fund and Special Research Council, established under the Rural Industries Research Act 1985. Specifically, Section 39F allows for the attachment of a levy or class of levy to the Special Research Fund and Special Research Council, and Section 62 provides the authority for the Governor-General to make regulations necessary for the implementation of the Act. The amendment introduces new levies for the triticale and pasture seed industries, which are to be collected under the Triticale Levy Act 1988 and Pasture Seed Levy Act 1989, respectively, and channelled directly into the Special Research Fund.
The obligations and requirements imposed by the Act on the parties involved are primarily centred on the collection and allocation of funds. Under the proposed amendments, the triticale and pasture seed levies will be collected by the relevant authorities and will be directed to the Special Research Fund. The levies are intended to finance research and development specific to the triticale and pasture seed industries, thereby ensuring that the funds collected are used for the intended research purposes. This is to ensure that the expenditure on rural industry research directly benefits producers and improves accountability for the use of funds allocated for rural research and development.
The legislation also outlines specific penalties and consequences for breaches. Although the document does not explicitly state the penalties for non-compliance, it is implied that any failure to adhere to the prescribed regulations for levy collection and allocation could result in legal consequences. Given the context of the Rural Industries Research Act 1985 and its regulatory framework, breaches could potentially lead to civil or criminal penalties. These could include fines, corrective actions, or other legal measures to ensure compliance and the proper use of funds intended for rural industry research and development.