Tobacco Research and Development Regulations (Repeal) 1995 No. 84
EXPLANATORY STATEMENT STATUTORY RULES 1995 No. 84
Issued by the Authority of the Minister for Primary Industries and Energy Primary Industries and Energy Research and Development: Act 1989 Tobacco Research and Development Regulations (Repeal)
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. Before making a regulation to establish an R&D Corporation as provided for by section 8, the Governor General is to take into consideration a recommendation made to the Minister by any of the organisations that the Minister considers to represent the relevant industry. All organisations contributing to tobacco research are signatory to a letter to the Minister (copy attached), requesting that a Tobacco R&D Corporation be established.
The Act provides the legislative authority for the implementation of a rural research program funded jointly by the Commonwealth and sectors of the primary and energy industries. The arrangements, which rely on the establishment of Rural Research and Development Corporations (R&D Corporations) or Councils for the various industry sectors, are fundamental to Commonwealth efforts to encourage the sustainability and international competitiveness of the primary and energy industries. The Corporations have a separate corporate identity and broader powers than the Councils which are affiliated with the Rural Industries R&D Corporation.
A Tobacco R&D Council was established by Statutory Rules 1990 No 145 under the Act to administer the tobacco research scheme. The Tobacco Charge Acts (Nos 1, 2 & 3) 1955 provide for an industry contribution to research by way of a levy on the sale and purchase of tobacco leaf. The Commonwealth makes matching payments to the Council on a dollar-for-dollar basis to a maximum amount equal to 0.5 per cent of the gross value of production of tobacco for that financial year.
The establishment of a Tobacco R&D Corporation required that the Regulations establishing the existing Tobacco R&D Council be repealed.
The Regulations will become effective on 1 July 1995, coinciding with the commencement date of separate, Regulations establishing the R&D Corporation.
Overview
The Tobacco Research and Development Regulations (Repeal) 1995 No. 84 is a statutory rule issued under the Primary Industries and Energy Research and Development Act 1989. The primary objective of this legislation is to repeal the existing regulations that established the Tobacco Research and Development Council and facilitate the establishment of a new Tobacco Research and Development Corporation. The need for this repeal arose from recommendations by organisations contributing to tobacco research, which requested the creation of a Corporation to better manage and fund research activities in the tobacco industry. The repeal and subsequent establishment of the Corporation aim to enhance the sustainability and competitiveness of the tobacco industry by providing a more effective structure for research and development efforts. This initiative is part of a broader effort by the Commonwealth to support primary and energy industries through targeted research programs.
Scope and Application
The Tobacco Research and Development Regulations (Repeal) 1995 No. 84 repeals existing regulations concerning the Tobacco Research and Development Council established under the Primary Industries and Energy Research and Development Act 1989. This Act is a Commonwealth statute that facilitates collaborative research and development initiatives within Australia's primary and energy sectors, aiming to enhance sustainability and international competitiveness. The Act empowers the establishment of Research and Development Corporations (R&D Corporations) or Councils for various industry sectors, which operate with distinct corporate identities and powers. The Tobacco R&D Corporation is intended to replace the existing Tobacco R&D Council to better align with the legislative framework. This repeal ensures the alignment of the regulatory environment with the new governance structure for tobacco research and development. The repeal takes effect from 1 July 1995, the same date as the new regulations establishing the R&D Corporation. The Act applies to all entities involved in tobacco production and research in Australia, with the regulations governing the financial contributions and administrative processes for research initiatives. The geographic reach of the Act is national, applying to the entire Commonwealth of Australia. Any exclusions or exemptions are not detailed in the explanatory statement, but the Act's application is specific to the tobacco industry and related research activities.
Key Provisions
The main operative sections of these Regulations concern the repeal of the existing Tobacco Research and Development Regulations (Section 1). This repeal is necessary to make way for the establishment of a new Tobacco Research and Development Corporation (R&D Corporation), as required by the Primary Industries and Energy Research and Development Act 1989 (Section 149). The new Regulations will come into effect on 1 July 1995, aligning with the commencement of Regulations that establish the R&D Corporation (Section 2).
The Act imposes several obligations and requirements on the parties it governs. The Minister for Primary Industries and Energy is mandated to consider recommendations from relevant industry organisations before establishing an R&D Corporation (Section 149). All organisations contributing to tobacco research have expressed their support for the establishment of a Tobacco R&D Corporation by signing a letter to the Minister (Explanatory Statement). The R&D Corporation will be responsible for administering the research program and will have broader powers than the previously established Tobacco R&D Council, which was created by Statutory Rules 1990 No. 145. The Commonwealth’s contribution to the research program will be made on a dollar-for-dollar basis, matching industry contributions up to a maximum of 0.5 per cent of the gross value of tobacco production for the financial year (Tobacco Charge Acts 1955).
The Regulatory framework does not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches of the repealed regulations. However, the establishment of the new R&D Corporation and its regulatory framework may contain provisions related to compliance, penalties, and enforcement measures. Typically, breaches of regulations established under the Primary Industries and Energy Research and Development Act 1989 could lead to administrative actions, fines, or other legal consequences as outlined in the relevant legislation. For precise details, one would need to refer to the new Regulations establishing the R&D Corporation and any related legislative provisions.