EXPLANATORY STATEMENT
STATUTORY RULES 1990 NO. 48
Issued by the Authority of the Minister of State for Primary Industries and Energy
RURAL INDUSTRIES RESEARCH ACT 1985
RURAL INDUSTRIES RESEARCH REGULATIONS (AMENDMENT)
Section 62 of the Rural Industries Research Act 1985 (No 102 of 1985 assented to 3 October 1985) provides for regulations to be made which for the purposes of Section 12(2) of the Act, prescribe a class of industry levies in respect of which State Wheat Research Committees are established.
Wheat industry legislation, which came into operation on 1 July 1989, provides for the imposition and collection of an industry levy and its apportionment between the Wheat Industry Fund (established under the Wheat Marketing Act 1989) and the Wheat Research Trust Fund established under the Rural Industries Research Act 1985.
The actual payment of the research levy money to the Wheat Research Trust Fund is provided for under the latter Act. However, due to a technical error in drafting the Wheat Marketing Act 1989, it has not been possible to make these payments. To correct this, amendments to both the Wheat Marketing Act 1989 and the Rural Industries Research Act 1985 were made in the Primary Industries and Energy Legislation Amendment Act (No 3) 1989.
The proposed amendment to the regulations is made in the light of the legislative changes described above and will allow for the levy imposed by the Wheat Industry Fund Levy Act 1989 to be added to the list of other wheat industry levies in Column 1 of Part II of Schedule 2 of the Rural Industries Research Act 1985.
The amendment is to apply from 1 July 1989 to ensure that levy collected since that date and held in Consolidated Revenue can be transferred into the Wheat Research Trust Fund.
Overview
The Rural Industries Research Regulations (Amendment) 1990, issued under the authority of the Minister of State for Primary Industries and Energy, were enacted to amend the Rural Industries Research Act 1985. This legislation was introduced to rectify a technical error in the Wheat Marketing Act 1989 that had prevented the proper transfer of industry levy payments into the Wheat Research Trust Fund, as established under the Rural Industries Research Act 1985. The amendment was made to ensure that levies collected since 1 July 1989 could be appropriately apportioned and transferred into the Wheat Research Trust Fund. The policy objective of this amendment is to facilitate the correct administration and allocation of research funds within the wheat industry, thereby supporting the ongoing research activities aimed at improving rural industries.
Scope and Application
The Rural Industries Research Regulations (Amendment) Statutory Rules 1990 No. 48, issued under the authority of the Minister for Primary Industries and Energy, amends the Rural Industries Research Regulations to correct a drafting error in the Wheat Marketing Act 1989. This amendment ensures that the levy collected under the Wheat Industry Fund Levy Act 1989 since 1 July 1989 can be appropriately transferred to the Wheat Research Trust Fund established under the Rural Industries Research Act 1985. The amendment applies specifically to the wheat industry, including all entities and individuals involved in the collection and apportionment of wheat industry levies, ensuring that funds collected from the Wheat Industry Fund are accurately allocated to support rural industry research. The scope of this regulation is limited to correcting the legislative oversight and does not extend to other industries or levies, maintaining the integrity and purpose of the Wheat Research Trust Fund within the framework of the Wheat Industry Fund Levy Act 1989.
Key Provisions
The primary operative sections of the Rural Industries Research Regulations (Amendment) pertain to the amendment of the existing class of industry levies under Section 62 of the Rural Industries Research Act 1985 (Section 62). Specifically, this amendment allows for the inclusion of the Wheat Industry Fund Levy, as imposed by the Wheat Industry Fund Levy Act 1989, into the list of levies in Column 1 of Part II of Schedule 2 of the Act. This adjustment is essential to rectify a technical error that has prevented the proper allocation and transfer of the research levy to the Wheat Research Trust Fund.
Under these regulations, the obligation lies with the Wheat Industry Fund to ensure that the research levy collected since 1 July 1989 is correctly identified and processed for transfer to the Wheat Research Trust Fund. The Wheat Research Trust Fund, in turn, must be prepared to receive and account for these funds. The Wheat Marketing Act 1989 and the Rural Industries Research Act 1985 now work in tandem, ensuring that the collected levies are accurately apportioned and utilised for their intended research purposes.
Failure to comply with the provisions set forth in these regulations could result in significant legal consequences. While the regulations do not explicitly detail offences or penalties, breaches of the Wheat Marketing Act 1989 or the Rural Industries Research Act 1985 could lead to enforcement actions under those Acts. The Wheat Marketing Act 1989, for example, may impose penalties for non-compliance, and similar provisions could apply under the Rural Industries Research Act 1985. These penalties could include fines and, in severe cases, legal action to rectify the non-compliance.
Additionally, any entity involved in the collection, apportionment, or transfer of the research levy that fails to adhere to these regulations may face civil liabilities. This could result in financial penalties or legal actions aimed at correcting the non-compliance. Given the importance of these funds for research purposes, it is crucial that all parties involved ensure strict adherence to the amended regulations to avoid any legal repercussions.