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RURAL INDUSTRIES RESEARCH AND DEVELOPMENT CORPORATION (DEER) REGULATIONS1992 NO. 202
EXPLANATORY STATEMENTSTATUTORY RULES 1992 No. 202
Issued by the authority of the Minister of State for Primary Industries and Energy
Primary Industries and Energy Research and Development Act 1989
Rural Industries Research and Development Corporation Regulations (Amendment)
Rural Industries Research and Development Corporation (Deer) Regulations
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.
Subsection 5(1) of the Act provides for the regulations to declare a levy to be attached to a Research and Development Corporation. The Regulations attach to the Rural Industries Research and Development Corporation the specified levies and charges imposed by the Deer Slaughter Levy Act 1992, the Deer Expo Charge Act 1992, the Deer Velvet Levy Act 1992 and the Deer Velvet Export Charge Act 1992 (the deer industry levy and charge Acts).
Paragraph 5(3)(a) of the Act provides that, where a levy or class of levies is declared by the regulations to be attached to the Corporation, the regulations must declare the whole or a specified proportion of the levy, or of each levy in a class of levies, to be the research component of the levy. The whole of each of the specified deer industry levies and charges imposed under the above Acts are declared by the Regulations to be the research component of the levy or charge.
Paragraph 5(3) (b) of the Act provides that the regulations must also declare a primary industry to be the primary industry to which-the levy, or each levy included in the class of levies, relates. The Regulations declare the deer industry to be the primary industry to which the specified levies relate.
Paragraph 5(3)(b) further states that if the levy is attached to a Research and Development Corporation, the primary industry so declared must be the primary industry in respect of which the Corporation is established. Subsection 9(2) of the Act makes provision for the regulations to specify the primary industries in respect of which the Rural Industries Research and Development Corporation is established. The Regulations extend the Rural Industries Research and Development Corporation's responsibilities to include the deer industry.
Section 40 of the Act provides that the regulations may require a Research and Development Corporation to keep separate accounting records in relation to the funding of specified classes of Research and Development activities, and to specify the amounts to be credited and debited in the accounting records. Section 40 further provides for the regulations to make provision in relation to the expenditure of money to which the accounting records relate. The Regulations require the Rural Industries Research and Development Corporation to keep separate accounting records in respect of deer industry research and development activities in accordance with the provisions of section 40.
The Regulations, together with the Primary Industries Levies and Charges Collection (Deer and Deer Velvet) Regulations, comprise a package of regulations which give effect to the deer industry levy and charge Acts and commence on 1 July 1992, the date of commencement of the deer industry levy and charge Acts.
Details of the Rural Industries Research and Development Corporation Regulations (Amendment) are provided in Attachment A.
Details of the Rural Industries Research and Development Corporation (Deer) Regulations are provided in Attachment B.
ATTACHMENT B
DETAILS OF THE RURAL INDUSTRIES RESEARCH AND DEVELOPMENT CORPORATION (DEER) REGULATIONS
Regulation 1 states that the Regulations are cited as the Rural Industries Research and Development Corporation (Deer) Regulations.
Regulation 2 gives the date of commencement of the Regulations as 1 July 1992.
Regulation 3 defines various terms and expressions used in the Regulations.
Regulation 4 attaches the deer slaughter levy, the deer velvet levy, the deer export charge and the deer velvet export charge to the Rural Industries Research and Development Corporation for the purposes of subsection 5(1) of the Act. For the purposes of paragraphs 5(3)(a) and 5(3)(b) of the Act, regulation 4 declares the whole of each of these specified levies and charges to be the research component of these levies and charges, and also declares the deer industry to be the primary industry to which these levies and charges relate in accordance with subsection 9(2) of the Act.
Regulation 5 sets out the kinds of accounting records which the Corporation is required to keep for the deer industry.
Under Subregulation 5(1), the Corporation is required to keep separate accounting records for deer industry research and development activities to give effect to paragraph 40 (1)(a) of the Act.
Subregulation 5(2) gives effect to paragraph 40 (1)(b) of the Act by requiring the Corporation to credit in the accounting records the following specified amounts of deer industry research and development income:
• amounts of levies and charges received by the Commonwealth on behalf of the deer industry;
• matching amounts paid by the Commonwealth;
• contributions to deer industry research and development activities;
• income derived from sales of property purchased or produced, or from dealing with patents, or in respect of work paid for, in connection with deer industry research and development; and
• interest earned by investing the above amounts.
Subregulation 5(3) specifies the amounts of expenditure for deer industry research and development activities to be debited in the accounting records as all those amounts specified in section 33 of the Act, which establishes the purposes for which the Rural Industries Research and Development Corporation may spend money in respect of the deer industry. These include:
• funding research and development activities approved under an annual operational plan in force at the time of payment;
• payment of the Corporation's expenses and liabilities associated with operational and running costs;
• payment of remuneration and allowances for directors and committee members;
• payments of levy collection and associated costs to the Commonwealth, and reimbursement of the Commonwealth for levy refunds; and
• payment of the costs incurred by a Selection Committee in carrying out its responsibilities in selecting appointees to the Corporation's Board.
Subregulation 5(4) provides for deer industry levy income credited under Subregulation 5(2) to be spent only on research and development for the deer industry.