Commonwealth Numbered Regulations - Explanatory Statements

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RURAL INDUSTRIES RESEARCH AND DEVELOPMENT CORPORATION REGULATIONS 2000 2000 NO. 324

STATUTORY RULES 2000 No. 324

Issued by Authority of the Parliamentary Secretary to the Minister for Agriculture, Fisheries and Forestry

Primary Industries and Energy Research and Development Act 1989

Rural Industries Research and Development Corporation Regulations 2000

Section 149 of the Primary Industries and Energy Research and Development Act 1989 (PIERD Act) provides that the Governor-General may make regulations prescribing matters required or permitted to be prescribed by the Act, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

The Regulations:

i)       provide for a new research and development (R&D) levy for kangaroo meat for human consumption, and

ii)       replaced old regulations that were previously supported by repealed Acts.

The Regulations were part of a package that, together with other regulations under the Primary Industries Levies and Charges Collection Act 1991, the National Residue Survey (Customs) Levy Act 1998, the National Residue Survey (Excise) Levy Act 1998, the Primary Industries (Excise) Levies Act 1999 and the Primary Industries (Customs) Charges Act 1999, continued the process of replacing old regulations that were previously supported by repealed Acts and, as a consequence, updated existing collection regulations to reflect the changes. The other regulations were the Primary Industries (Excise) Levies Amendment Regulations 2000 (No. 5), the Primary Industries Levies and Charges Collection Amendment Regulations 2000 (No. 4), the Primary Industries Levies and Charges (National Residue Survey Levies) Amendment Regulations 2000 (No. 4) and the Primary Industries Levies, Charges and Collection (Laying Chicken and Meat Chicken) Repeal Regulations 2000.

The Regulations make provision for a new R&D levy for kangaroo meat intended for human consumption. It will be attached to the Rural Industries Research and Development Corporation (RIRDC) to provide funding for research and development for the kangaroo meat for human consumption industry.

Due to a build up in reserve funds from the kangaroo meat monitoring program, the Kangaroo Industry Association of Australia (KIAA) wished to re-allocate a portion of the previous 4 cent levy to research and development. Therefore a new R&D levy amount of 3.5 cents per carcase was imposed by the Primary Industries (Excise) Levies Amendment Regulations 2000 (No. 5).

There was a contemporaneous reduction of 3.5 cents per carcase in the National Residue Survey levy in relation to the kangaroo meat for human consumption industry by the Primary Industries Levies and Charges (National Residue Survey Levies) Amendment Regulations 2000 (No.4). Accordingly there was no overall change in the previous overall levy rate of 4 cents per carcase.

The Regulations are presented in Parts. Part One includes Preliminaries, which incorporate repeal of old Statutory Rules, transitional provisions, definitions and identification of primary industries for which the Rural Industries Research and Development Corporation (RIRDC) was established. Part Two simplifies the attachment of levies, with details for each commodity now being presented in division format. Part Three provides the methodology for calculating Gross Value of Production for a financial year of a primary industry in respect of which a levy has been attached. This is necessary in order to establish the level of Government matching payments to RIRDC.

The Regulations commence on 1 January 2001.

Details of the RIRDC Regulations are included in the Attachment.

ATTACHMENT

RURAL INDUSTRIES RESEARCH AND DEVELOPMENT CORPORATION REGULATIONS 2000

PART 1       PRELIMINARY

Regulation 1 gives the name of the Regulations as the Rural Industries Research and Development Corporation Regulations 2000 (RIRDC).

Regulation 2 provides for the Regulations to commence on 1 January 2001.

Regulation 3 repeals old RIRDC Regulations:

*       1990 Nos. 198 and 199

*       1992 Nos. 131 and 201

*       1995 Nos. 102, 166 and 205

*       1998 No. 105

Regulation 4 provides a Savings Provision for regulations having effect immediately before Regulation 30 to continue in effect for those levies that were previously attached.

Regulation 5 provides definitions for the Regulations.

Regulation 6 identifies primary industries for which RIRDC was established

PART 2       ATTACHMENT OF LEVIES

Division 1 applies to Buffalo Levy.

Regulation 7 defines buffalo industry.

Regulation 8 deals with attachment of levies via section 5 of the PIERD Act.

Regulation 9 provides for certain accounting records that the Corporation must keep for buffalo levies.

Division 2 applies to Goat Fibre Levy.

Regulation 10 defines goat fibre levy.

Regulation 11 deals with attachment of levy via section 5 of the PIERD Act.

Regulation 12 provides for certain accounting records to be kept by the Corporation for goat fibre levy.

Division 3 applies to Honey Levy

Regulation 13 defines honeybee industry.

Regulation 14 deals with attachment of honey levies via section 5 of the PIERD Act.

Regulation 15 provides for certain accounting records to be kept by the Corporation for honey levies.

Division 4 applies to Kangaroo levy.

Regulation 16 defines kangaroo industry.

Regulation 17 deals with attachment of kangaroo levy via section 5 of the PIERD Act.

Regulation 18 provides for certain accounting records to be kept by the Corporation for kangaroo levy.

Division 5 applies to Laying Chicken Levy

Regulation 19 defines egg industry.

Regulation 20 deals with attachment of laying chicken levy via section 5 of the PIERD Act.

Regulation 21 provides for certain accounting records to be kept by the Corporation for laying chicken levy.

Division 6 applies to Meat Chicken Levy

Regulation 22 defines meat chicken, and meat chicken industry.

Regulation 23 deals with attachment of meat chicken levy via section 5 of the PIERD Act.

Regulation 24 provides for certain accounting records to be kept by the Corporation for meat chicken levy.

Division 7 applies to Pasture Seed Levy

Regulation 25 defines pasture seed levy.

Regulation 26 deals with attachment of pasture seed levy via section 5 of the PIERD Act.

Regulation 27 provides for certain accounting records to be kept by the Corporation for pasture seed levy.

Division 8 applies to Rice Levy.

Regulation 28 defines rice levy.

Regulation 29 deals with attachment of rice levy via section 5 of the PIERD Act.

Regulation 30 provides for certain accounting records to be kept by the Corporation for rice levy.

PART 3 GROSS VALUE OF PRODUCTION (GVP)

Regulation 31 provides the method of calculation of GVP. It is based on the moving average of 3 financial years.