Commonwealth Numbered Regulations - Explanatory Statements

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TOBACCO RESEARCH AND DEVELOPMENT REGULATIONS (REPEAL) 1995 NO. 84

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of a Tobacco R&D Corporation required that the Regulations establishing the existing Tobacco R&D Council be repealed.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.