Sugar Research and Development Corporation Regulations 1990
Statutory Rules 1990 No. 234 as amended
made under the
Primary Industries and Energy Research and Development Act 1989
This compilation was prepared on 1 July 2001
taking into account amendments up to SR 2001 No. 134
Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra
Contents
Page
1 Name of Regulations [see Note 1]
2 Commencement
3 Interpretation
4 Establishment of the Corporation
5 Levy attached to the Corporation
6 Gross value of production
Notes
1 Name of Regulations [see Note 1]
These Regulations are the Sugar Research and Development Corporation Regulations 1990.
2 Commencement
These Regulations commence on 1 October 1990.
3 Interpretation
In these Regulations, unless the contrary intention appears:
Act means the Primary Industries and Energy Research and Development Act 1989.
Corporation means the Corporation declared by regulation 4 to be established.
raw sugar means sugar whose sucrose content by weight in the dry state corresponds to a polarimeter reading of less than 99.5 degrees.
sugar cane means stalks (whether whole or not) of the sugar cane plant.
sugar industry means the industry in Australia concerned with the production and processing of sugar cane, and the distribution, storage, marketing and sale of raw sugar.
4 Establishment of the Corporation
For section 8 of the Act, an R and D Corporation to be known as the Sugar Research and Development Corporation is declared to be established in respect of the sugar industry.
5 Levy attached to the Corporation
(1) For paragraph 5 (1) (a) of the Act, the levy imposed by clause 3 of Schedule 24 to the Primary Industries (Excise) Levies Act 1999 is attached to the Corporation.
(2) For paragraph 5 (3) (a) of the Act, the whole of the levy is the research component of the levy.
(3) For paragraph 5 (3) (b) of the Act, the sugar industry is the primary industry to which the levy relates.
6 Gross value of production
(1) For subsection 32 (2) of the Act, the Minister must determine the amount of the gross value of production of sugar cane, for a financial year (the relevant financial year), by using:
where:
A is the estimated value of the sugar cane to be produced in the relevant financial year.
B is the value of the sugar cane produced in the financial year immediately before the relevant financial year (the previous financial year).
C is the value of the sugar cane produced in the financial year immediately before the previous financial year.
(2) In subregulation (1), a reference to the value of sugar cane produced, or to the estimated value of sugar cane to be produced, in a financial year is a reference to the production figure supplied by the Australian Bureau of Agricultural and Resource Economics that shows:
(a) the gross value of sugar cane produced that is cut for crushing by the sugar industry in that financial year; or
(b) the estimated gross value of sugar cane to be produced that will be cut for crushing by the sugar industry for that financial year.
Notes to the Sugar Research and Development Corporation Regulations 1990
Note 1
The Sugar Research and Development Corporation Regulations 1990 (in force under the Primary Industries and Energy Research and Development Act 1989) as shown in this compilation comprise Statutory Rules 1990 No. 234 amended as indicated in the Tables below.
Table of Statutory Rules
Year and
number | Date of notification
in Gazette | Date of
commencement | Application, saving or
transitional provisions |
1990 No. 234 | 12 July 1990 | 1 Oct 1990 | |
2001 No. 134 | 20 June 2001 | 1 July 2001 | — |
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
Provision affected | How affected |
R. 1................. | rs. 2001 No. 134 |
Rr 3–5............... | am. 2001 No. 134 |
R. 6................. | rs. 2001 No. 134 |
Overview
The Sugar Research and Development Corporation Regulations 1990, made under the Primary Industries and Energy Research and Development Act 1989, establish a framework for the Sugar Research and Development Corporation to conduct research and development in the Australian sugar industry. These regulations were introduced to address the need for dedicated research and development funding for the sugar industry, ensuring advancements in production techniques, sustainability, and market competitiveness. The policy objective is to facilitate innovation and efficiency within the sugar industry, thereby supporting its growth and stability. The regulations were enacted by the Parliament of Australia and came into force on 1 October 1990, with subsequent amendments to ensure the ongoing relevance and effectiveness of the regulatory framework.
Scope and Application
The Sugar Research and Development Corporation Regulations 1990, established under the Primary Industries and Energy Research and Development Act 1989, define the operational framework for the Sugar Research and Development Corporation (Corporation). The regulations apply to the sugar industry in Australia, which includes entities involved in the production, processing, distribution, storage, marketing, and sale of raw sugar. The geographic scope of these regulations is national, as they govern activities related to sugar cane production across the entire country. The regulations were designed to ensure efficient funding and direction of research and development activities within the sugar industry, with the levy imposed under the Primary Industries (Excise) Levies Act 1999 attached to the Corporation for this purpose. The Minister's role in determining the gross value of sugar cane production is crucial for the calculation of the levy, which is entirely designated as the research component for the sugar industry. These regulations were brought into force on 1 October 1990 and have been amended to refine certain provisions, such as those in regulations 3 to 5 and regulation 6.
Key Provisions
The Sugar Research and Development Corporation Regulations 1990, made under the Primary Industries and Energy Research and Development Act 1989, establish a corporation dedicated to the research and development of the sugar industry in Australia. According to regulation 4, the Sugar Research and Development Corporation (the Corporation) is established for this purpose. Regulation 5 outlines that the levy imposed by clause 3 of Schedule 24 to the Primary Industries (Excise) Levies Act 1999 is attached to the Corporation, and it is entirely designated as the research component of the levy. This levy is specifically targeted towards the sugar industry, which encompasses the production and processing of sugar cane, as well as the distribution, storage, marketing, and sale of raw sugar.
The obligations imposed by these regulations primarily involve the establishment and funding of the Corporation. The Corporation must adhere to the terms set forth by the Primary Industries and Energy Research and Development Act 1989, which includes the use of the levy for research and development activities in the sugar industry. Additionally, the Minister is required to determine the gross value of sugar cane production for each financial year. This determination is to be made using a formula that takes into account the estimated value of sugar cane to be produced, as well as the values from the previous two financial years (regulation 6). This data must be sourced from the Australian Bureau of Agricultural and Resource Economics, which supplies the production figures for the sugar cane industry.
In terms of consequences for non-compliance, the regulations do not explicitly state offences, penalties, or consequences for breaches. However, given that the regulations are made under the Primary Industries and Energy Research and Development Act 1989, any breaches of the obligations outlined in these regulations could potentially lead to legal actions under the parent Act. This could include civil penalties for non-compliance with the financial obligations or administrative actions for failure to adhere to the research and development directives. The specific penalties would be determined by the courts based on the nature and severity of the breach.