EXPLANATORY STATEMENT

 

Select Legislative Instrument 2009 No. 349

 

 

Subject - Primary Industries and Energy Research and Development Act 1989,

Commonwealth Authorities and Companies Act 1997, and

Privacy Act 1988

 

Land and Water Resources Research and Development Corporation (Repeal and Consequential Amendments) Regulations 2009

 

 

Subsection 149(1) of the Primary Industries and Energy Research and Development Act 1989 (the PIERD Act) provides that the Governor-General may make regulations not inconsistent with the PIERD Act, prescribing matters required or permitted by the PIERD Act to be prescribed, or necessary, or convenient to be prescribed for, in carrying out or giving effect to the PIERD Act. Section 8 of the PIERD Act provides for the establishment of Research and Development Corporations by regulation.

 

Subsection 49(1) of the Commonwealth Authorities and Companies Act 1997 (the CAC Act) and subsection 100(1) of the Privacy Act 1988 (the Privacy Act) provides for the Governor-General to make regulations prescribing matters required or permitted by those Acts to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to those Acts.

 

The purpose of the Regulations is to repeal the Land and Water Resources Research and Development Corporation Regulations (the Principal Regulations) which established the Land and Water Resources Research and Development Corporation (known as Land & Water Australia (LWA)), and to make minor consequential amendments to regulations made under the CAC Act and Privacy Act.

 

LWA was established as a research and development corporation under the PIERD Act by the Principal Regulations to conduct research and development activities concerned with the conservation and sustainable use and management of Australia’s land and water resources. LWA is a statutory authority under the Commonwealth Authorities and Companies Act 1997 (the CAC Act).

 

The 2009-10 Budget abolished future funding for LWA and provided limited funds to wind up the agency in 2009-10. Over the latter half of 2009 LWA ceased its normal operations, assessed its existing programs and projects and either completed projects, transferred responsibility for ongoing programs and projects to partner agencies, or terminated non-continuing projects. LWA will finalise any existing obligations and discharge outstanding liabilities by the end of the 2009.

 

The Regulations allow the wind-up process for LWA to be finalised by 31 December 2009. The Regulations also remove reference to LWA in regulations made under the CAC Act and Privacy Act.

 

The Office of Best Practice Regulation has advised that no regulatory impact analysis, in the form of a Business Cost Calculator Report or Regulation Impact Statement in required for this regulatory change (reference no. 10877).

 

Details of the proposed Regulations are set out below.

 

Regulation 1 – Name of Regulations

 

This regulation provides that the name of the Regulations is the Land and Water Resources Research and Development Corporation (Repeal and Consequential Amendments) Regulations 2009

 

Regulation 2 – Commencement

 

This regulation provides that the Regulations commence on 31 December 2009.

 

Regulation 3 – Repeal of Land and Water Resources Research and Development Corporation Regulations

 

This regulation provides that the Land and Water Resources Research and Development Corporation Regulations (the Principal Regulations) are repealed. This allows for LWA to be wound up in line with the 2009-10 Budget decision.

 

Regulation 4 and item [1] – Amendment of Commonwealth Authorities and Companies Regulations 1997

 

This regulation and item provides that the Commonwealth Authorities and Companies Regulations 1997 (made under the Commonwealth Authorities and Companies Act 1997) are amended by substituting the previous Part 1 with a new Part 1 in which then item 114 (Land and Water Resources Research and Development Corporation) is omitted and items 115 to 119 renumbered as items 114 to 118. This new Part lists authorities and companies required to comply with government procurement requirements.

 

Regulation 5 and item [2] – Amendment of Privacy (Private Sector) Regulations 2001

 

This regulation and item provides that the Privacy (Private Sector) Regulations 2001 (made under the Privacy Act 1988) are amended by omitting item 129 (Land and Water Resources Research and Development Corporation) of Schedule 2. Schedule 2 lists agencies in relation to which the Cabinet Secretary is satisfied that the events mentioned in paragraphs 100(2)(a) and (b) of the Privacy Act 1988 have occurred.