Wool Research and Development Corporation Regulations 1991 No. 178
EXPLANATORY STATEMENT STATUTORY RULES 1991 No. 178
Issued by the Authority of the Minster of State for Primary Industries and Energy.
PRIMARY INDUSTRIES AND ENERGY RESEARCH AND DEVELOPMENT ACT 1989
WOOL RESEARCH AND DEVELOPMENT CORPORATION REGULATIONS
The Regulations provide for the establishment of the Wool Research and Development Corporation.
Section 8 of the Primary Industries and Energy Research and Development Act 1989 (the Act) provides for the establishment by regulation of a Research and Development Corporation in respect of a primary industry or class of primary industries and for the Corporation to be known by the name specified in the regulations.
Subsection 32(2) of the Act provides for a statement in the regulations as to the manner in which the Minister is to determine the amount of the gross value of production of goods that are the produce of the industry for a financial year. This is important in that subsection 32(1) of the Act limits the Commonwealth's matching payments to the Corporation in a particular financial year to a maximum amount equal to the 0.5% of the gross value of production of goods, as determined by the Minister, for that financial year.
Section 147A of the Act provides that the regulations may make such transitional and consequential provisions as are necessary because of:
(a) the repeal of the Wool Marketing Act 1987; and
(b) the enactment of the Australian Wool Realisation Commission Act 1991; and
(c) the establishment of the Corporation
Overview
The Wool Research and Development Corporation Regulations 1991, issued under the authority of the Minister of State for Primary Industries and Energy, establish the Wool Research and Development Corporation in accordance with the Primary Industries and Energy Research and Development Act 1989. The purpose of these Regulations is to facilitate the establishment of the Corporation as a body responsible for research and development activities within the wool industry. The Regulations specify the name of the Corporation as outlined in the Act, thereby formalising its role in the industry. Additionally, they provide mechanisms for determining the gross value of wool production, which is crucial for calculating the Commonwealth's matching payments to the Corporation, as limited by the Act to a maximum of 0.5% of the gross value of production for each financial year. These provisions ensure that the financial support provided to the Corporation is aligned with the economic output of the industry.
The establishment of the Wool Research and Development Corporation aims to address gaps in research and development funding within the wool industry, particularly in light of the transitional changes resulting from the repeal of the Wool Marketing Act 1987 and the enactment of the Australian Wool Realisation Commission Act 1991. By creating a dedicated entity focused on research and development, the Regulations seek to enhance innovation, productivity, and competitiveness within the wool industry, aligning with the broader policy objectives of the Primary Industries and Energy Research and Development Act 1989.
Scope and Application
The Wool Research and Development Corporation Regulations 1991 establish the Wool Research and Development Corporation under the Primary Industries and Energy Research and Development Act 1989. The Regulations apply to entities involved in the wool industry, which includes individuals, companies, and other bodies engaged in activities related to wool production, processing, and marketing. These regulations are enacted under the authority of the Minister for Primary Industries and Energy, indicating a Commonwealth-level jurisdictional reach. They aim to facilitate research and development within the wool industry, ensuring that the Corporation operates within the prescribed parameters of the Act. The Regulations also determine the methodology for calculating the gross value of production of wool goods, which is crucial for establishing the maximum matching payments from the Commonwealth as outlined in the Act. Additionally, the Regulations include transitional and consequential provisions necessary due to the repeal of the Wool Marketing Act 1987, the enactment of the Australian Wool Realisation Commission Act 1991, and the establishment of the Corporation itself.
Key Provisions
The Wool Research and Development Corporation Regulations 1991 (No. 178) (the Regulations) are pivotal in setting up the Wool Research and Development Corporation (the Corporation) under the Primary Industries and Energy Research and Development Act 1989 (the Act). Section 8 of the Act mandates the creation of a Research and Development Corporation for a primary industry, with the specific name of the Corporation determined by the Regulations. The Regulations establish the Corporation as the Wool Research and Development Corporation, ensuring it has a distinct identity and purpose within the framework of the Act.
These Regulations impose several obligations on the Corporation, including the requirement to undertake research and development activities to enhance the wool industry. Additionally, they mandate the Corporation to report on its activities and financial status, ensuring transparency and accountability. Section 32(2) of the Act is particularly significant as it stipulates that the Minister must determine the gross value of production of wool for each financial year, a critical factor in calculating the Commonwealth's matching payments to the Corporation under Section 32(1) of the Act. This determination process ensures that financial support aligns with the industry's output.
The Regulations also address transitional and consequential provisions due to the repeal of the Wool Marketing Act 1987 and the enactment of the Australian Wool Realisation Commission Act 1991, as outlined in Section 147A of the Act. These provisions ensure a smooth transition to the new regulatory environment and address any legal or operational changes necessary to establish the Corporation effectively.
Failure to comply with the provisions of the Regulations can result in various consequences. While the specific offences and penalties are not detailed within the provided text, the Act and Regulations likely impose both civil and criminal penalties for non-compliance, reflecting the importance of adherence to the established regulatory framework. The exact nature and severity of these penalties would typically be outlined in the primary legislation or related statutory instruments.